Syntagma and Nomocanon

^A Lambecius, *Bibl. Vindob.*, ed. Kollar, lib. VIII, p. 909; Fabricius, *Bibl. Gr.*, ed. nov., t. XI, p. 21, et t. XII, p. 185; Assemanus, *Jur. Orient.*, t. I, p. 37, who says that in Codices Vat. 1185 and Palat. 408, the *Syntagma* of Photius exists, in which in reality there is nothing besides the *Nomocanon* and the *Synagoge* with the scholia of Balsamon. Finally, Jacobus Morellius also, in *Bibl. S. Marci*, p. 97, calls it the *Syntagma* of Photius and explains to us that it is manifestly nothing other than the first *Synagoge* of Photius, not yet distributed into titles, nor reduced to the system of a *Syntagma*. We possess, therefore, the *Syntagma* of Photius taken from the same author’s own *Synagoge*, and distributed into XIV titles, in each of which he wrote in continuous and complete diction the canons that are useful for confirming the proposed matter. That this is the case, the Columnensis codex—now the Vatican, of which I spoke above regarding Germanus—demonstrates: a codex, I say, that is notable, vellum, ancient, at least of the twelfth century, written by a diligent and calligraphic hand, and of such rarity that it alone seems to contain the true *Syntagma* of Photius: unless perhaps another copy exists in the Dublin codex, *mss. Angl. et Hibern.*, t. II, part II, p. 40, which is described thus: *Pholii leges (canones?) per capitula digestae plenius quam in Nomocanone*. Certainly, if "laws" was meant to be written for "canons," this would seem to me an accurate definition of the Photian *Syntagma*.

^B "...having gathered [them] into fourteen titles, and having divided each of these into distinct chapters; then having placed under [the categories] the definitions suited to each inquiry, and having noted the names of those who found them, and the number by means of arithmetical signs, easily visible, as I suppose, in accordance with the power of the *Syntagma* [which I have] composed." Moreover, by the force of all these things thus collected, brought into fourteen titles, and with each of these titles distributed into various chapters; then with definitions suitable to each question placed underneath, and the name of the authors themselves declared, and also the number set down by means of arithmetical elements, easy to know, as I suppose, I have labored with my strength upon the *Syntagma*. Behold the second, as I said, canonical study of Photius, namely the *Syntagma*, that is, an ordered composition of canons, and directed toward a particular end, that is, for demonstrating and confirming select titles of canonical law. It is one thing, therefore, as I have already said, to be a gathering of canons, whether from synods or even from individual Fathers, and a writing of them in one volume, which is nothing but a certain *Synagoge*; but another thing is their ingenious arrangement and alignment toward certain goals, which is properly called a *Syntagma*; by which term Photius always designates this work of his, as will be clear to anyone reading our book. And thus John Scholasticus, who preceded Photius in the Byzantine patriarchate by two hundred years, making a book of exactly the same structure from the canons up to the fourth council, has in the title: *He composes all the canons under fifty titles*: he composes all the canons together under fifty titles, or reduces them to a *Syntagma*; by which name the labor of John is constantly designated. Thus, therefore, having set forth the true notion of the Photian *Syntagma*, I hope that the false opinion of the bibliographers—which, I suppose, will be extinguished—that the *Syntagma* of Photius is the same as the *Synagoge* (the words themselves being contrary to one another), will be refuted; although men of the highest standing, by ignorance of our codex and by not having considered the matter sufficiently, have spoken in that way, such as...

^D Now it follows that we must speak about the third care of Photius regarding canon law. Men are so constituted by nature that they derive their actions partly with the guidance of an example, and partly by their own reasoning and impulse. Photius seems to have followed both of these rules: for, in order to construct not only a *Syntagma* but also a *Nomocanon* (for that is the name of his third work), he had as a guide the aforementioned John, who appended to his own *Syntagma* that *Nomocanon* which Justellus first published. But, in fact, that which urged Photius much more strongly, I suppose, was that he saw his *Syntagma* laboring under very many repetitions; because it was necessary for the same canons—and often longer ones at that, as well as copious segments of the Fathers—to recur twice, four times, and perhaps sometimes ten times, because they fit equally well into different titles and chapters. Therefore, even if the *Syntagma* had been usefully completed, in which everything appeared written in its own place, the repetitions of the canons were nevertheless very troublesome for those writing them out, and likewise burdensome for those buying them, as they almost doubled the volume. What, then? Photius delineated a very short compendium, in which he would place under the subject-matters of the titles and chapters nothing other than the arithmetical notes of those canons which he had written in broad discourse in the *Syntagma*. The *Nomocanon*, therefore, is merely a summary of the *Syntagma*. For thus it is also read at the end of the *Nomocanon*: *Télos tōn déka pròs toîs téssarsi títlōn tōn parà Phōtíou synopsithéntōn*: there end the fourteen titles (which is the very nature and constitution of the *Syntagma*) reduced by Photius into a compendium (that is, the *Nomocanon*). One might say...

If the *Nomocanon* indicates a canon by arithmetic notes, and that canon occurs in Photius’s *Synagoge*, why is there now need for the *Syntagma*? ^A For, I ask, does the *Syntagma* of John also fall into disuse after his *Nomocanon*, and after the canons of the universal Church have been gathered so many times? No sensible person would say so. We have the *Breviary of Canons* of Cresconius the African, which (with the civil laws removed) is on a par with the *Nomocanon* of John and Photius. Because of this, do these and other *Syntagmata* that exist—especially in new law, such as those of Anselm of Lucca, Cardinal Deusdedit, Gratian, and the pontiffs Gregory and Boniface—lack utility? No sane person would think so. Indeed, if we weigh this matter on the scales of truth, the use of the *Syntagma* will certainly be much readier and more fruitful for people who are busy or who do not abound in a large supply of books. For although a numerical note in the *Nomocanon* may indicate to me a canon, yet I search for this only with difficulty and annoyance in the jumble of the *Synagoge*. (He who certainly desires to learn law from the books of Cujacius will read the text of the author himself rather than the ready-reckoner of Albanese.) On the contrary, if in individual titles, within each chapter, I find as in the *Syntagma* appropriate canons recited in their very words, the whole matter presents itself to my eyes, and I require nothing further. But repetitions are tiresome. Indeed; and these gave cause for the *Nomocanon* to be constructed for refined readers ^B as an index and repertory. I too, having experienced this same annoyance during the printing of the book, began to omit repeated passages; yet in such a way that, by writing their beginnings, I would direct my readers by cross-references (*parapompas*), as is done in the *Parallels* of Damascene, to the canon already existing in my book, as if pointing with a finger: for no one will be so sluggish that, when it is burdensome to turn over a few pages in the same volume, he will not look at the page that I indicate with a numerical sign. Thus, therefore, I have preserved the canons recited by Photius, yet the bulk of the book has been diminished by almost half. Finally, I say: if anyone is devoted to the knowledge of ancient canons collected by Photius, it is necessary for him to peruse either the universal *Synagoge* or to read this *Syntagma* which is much shorter and more orderly and more apt for finding the object of one's search. For in the *Nomocanon*, where there is nothing but a heap of numbers, there seems to be no pleasure or utility in itself, except insofar as it functions as an index.

But against this tripartite division of the Photian work, I confess that that preface with which Photius accompanied his *Nomocanon* casts some shadows. For after reciting the words above, he continues, explaining that he indicated the canons by arithmetic ^C numbers alone so that frequent repetitions, which might create disgust for the readers, might not occur. He who reads this passage, I say, will think the *Nomocanon* and the *Syntagma* are one thing, not two. Nor do I deny that the name of *Syntagma* could also have been pronounced by Photius regarding the *Nomocanon*, or where canons are likewise gathered; but in the former, it is the words themselves, in the latter, it is through an index without them. Therefore, it is fairer that the term *Syntagma* be reserved by us to designate the second work. Furthermore, it should be considered that the said preface of Photius, which is found in Justellus, was prefixed not to the universal collection of the *Synagoge*, nor to the *Syntagma*, but to the *Nomocanon*, as the Oxford codex demonstrates: *Photius’s Preface to the Nomocanon*; and therefore Photius was then concerned only with the structure of the *Nomocanon*, and spent his words in commending this one thing. Or rather, it should be said that the preface was fixed by Photius to three of his works equally, with parts changed only as the situation required. Certainly, Lambecius judged it so, loc. cit. p. 909, where he says: The mentioned preface pertains to the *Nomocanon* ^D as a secondary work, but especially to the *Syntagma* itself of the canons as a primary work. Although Lambecius, as I said at the beginning, thinks the *Syntagma* is what the *Synagoge* is. However, that the *Syntagma* which is now being edited is indeed a Photian work, the *Nomocanon* itself clearly proves in the first place: for the titles, and chapters, and numbers of the canons, as many as are adumbrated in the *Nomocanon*, all refer back to our *Syntagma* precisely, and not one whit do they differ. Nor does the fact that in our edition of the *Syntagma* (pp. 11, 278, 406), but not in the *Nomocanon*, the Synod of Constantinople *peri henōseōs* is lauded—which we know was celebrated in the year 920, that is, about thirty years after Photius's death, under Constantine and Romanus the emperors—invalidate this truth. For, in the first place, I said (p. 480) that a fragment of that synod had been added in a recent hand in the margin of the codex. Then we know that there is almost no canonical collection in the codices to which something has not been added over the lapse of time, whether in Greek, or in Latin, or even in Oriental languages, as I remember saying regarding the Armenians in *Script. vet.* vol. X, part II, p. 346: and indeed critics have suspected that I know not what additions have been made to Photius's *Nomocanon* itself.

Thus far we have spoken of the *Syntagma* of the canons; but next, it seems one should not remain silent concerning the excerpts of civil laws added by Photius, which are precisely the same in both works, both the *Syntagma* and the *Nomocanon*; because although Photius could abridge the *Syntagma* in the *Nomocanon* insofar as it was canonical, yet insofar as it was civil, there was no place for a compendium, because the opinion of the laws could not be presented more concisely than had been done in the *Syntagma*. But it remains to investigate whether the author took this defloration of the laws, which he stitched onto the *Syntagma*, from the universal law, or whether he first made for himself a *Synagoge* of laws, like the one we said previously was heaped up by him from the tomes of the synods and Fathers. For I am very much persuaded that that *Synagoge* of royal laws, usually concerning ecclesiastical matters, which is read in the Vatican codex after the *Syntagma*, was collected by Photius, who later from this…

association, explains the reason himself ^A at the end of his former prologue: "If I did not think it useful for such canonical writings to include the civil legislation, I would have set it apart in a small and abbreviated section, using related headings, in this book of things pertaining to ecclesiastical order, whether in imperial decrees or in the harmonies of the wise, making a brief exposition in the *Synagoge*; partly for the sake of recollection, and partly to guide those who encounter them toward a complete investigation." ^B Wherever I thought civil laws were useful for such canonical writings, I have added, on my own, a few brief things taken from them, in the chapters that correspond to them in the proper part of that book; that is, of those things which pertain to the right order of the Church, both in royal decrees and in the interpretations of the prudent, completely embracing them in a kind of abbreviated collection; both for the sake of memory, and so that I might lead readers to a full investigation of the matters themselves.

But this undertaking does not please Leo Allatius, who, in his work *De consensu*, lib. 1, cap. 15, p. 221, judges this method of the Nomocanons—that is, the coupling of imperial laws with episcopal rules—to have been born from a corrupt sycophancy toward princes. Perhaps that is said too severely: for the comparison of civil law with canonical, whether in our *Syntagma* or in the *Nomocanon*, both possesses many benefits and does not seem in itself to reek of any vice. In the body of law before Justinian, there exists an ancient *Collation of Mosaic and Roman Laws*. Furthermore, in the *Capitularies* of the Frankish kings, and in the laws of the Barbarians among Canciani, how many and how great are the things of this kind that we have! Not because the secular power can govern religious matters, or command anything against the canons; but because good princes took care that discipline, already established by episcopal judgments, should be strengthened by royal power and its practice be commanded.

Moreover, Beveridge, an Anglican man, writing under a king who had usurped religious primacy and authority, contends quite strongly for the liberty of the Church and its absolute power in sacred matters in the *Prolegomena* to his *Pandects of the Canons*, chap. 2. The vigor of the Western bishops, and especially of the Roman pontiffs, in protecting the liberty of spiritual matters is well known: at times the Greeks have seemed ^C more relaxed, although Allatius defends them clearly in the aforementioned place, having brought forward many testimonies into the light, which demonstrate that the Greek Church also preserved its liberty to the best of its ability (a). But I am pleased to supplement the argument of Allatius on this matter by bringing forward another testimony, which is not in his work, namely the synodal book of the Church of Constantinople, or the *Acts* of that Church, which I discovered in a precious and rare Vatican codex (b). ^D

^A It is not, I think, alien to this preliminary discourse on the work of Photius, where so much is said regarding civil laws and their relation to the canons, to consider — if it seems appropriate — those things pertaining to suffrage, for it is not untimely. The law concerning this matter is as follows: "But if those who ought to cast their votes do not do so within a period of six months, then at the peril of their own souls, let him to whom it pertains ordain the bishop." The meaning is clear: for there are some who cast their votes, and another who ordains. But this seems to have been spoken with regard to laymen, for the law permits them to cast votes, contrary to the authority of the canons: yet this matter has never obtained any firmness, but lies idle in the writings; for the laws cry out in vain, because the Fathers have repelled such mandates from the Church as alien and obtrusive. For the spirit and the sword have nothing in common. ^B But if by chance the law speaks of bishops, no prejudice against the Church is thereby created, since no ordination is performed without the episcopal vote. But so much for civil laws. For if the Fathers do not permit the election of even one bishop, or presbyter, or deacon to proceed from laymen, how would they tolerate these people proposing a law or doctrine from laymen that would prescribe the norm of election and ordination? For if this were to happen, divine matters would no longer be administered spiritually, but humanly: inasmuch as all elections and ordinations would then be done by human, not divine, commands. From which other consequences would also follow: for perhaps our successors, vexed by those things which are written in ecclesiastical law, whether puffed up by ambition, or even because of some depravity of mind, would desire to perturb and confound the divine articles of our faith; ^C and catching at an opportunity from those who wrote before them, they themselves will establish laws as to how baptism ought to be administered, as if they were in no way pleased with what has been done up to now; or by what rite the liturgy of the divine mystery ought to be performed; and one would prescribe this, another that, and all would wish to make rulings on everything. Nor would there be any end to the evil, if this absurd beginning were made, until they should audaciously undermine the mystery of the Trinity and destroy the whole of religion. Therefore, lest such things happen, it has never been granted for any civil law to dominate the spirit anywhere at any time; ^D but just as dead embryos are extinguished in the very wombs, so too whatever civil laws contradict the Spirit are void of strength, born dead from their very origin.

Let this be a final warning to the reader: there is nothing schismatical in the Syntagma of Photius, nothing said out of partisan zeal; for only the ancient canons of the Church are recited, lest anyone who is perchance inexperienced, having heard the name of Photius, might suddenly turn pale.

NOTES. (c) In our edition of the *Syntagma*, p. [number], from the *Novellae*.

PHOTII PATRIARCHAE CONSTANTINOPOLITANI SYNTAGMA CANONUM. TITLE I.

ON THEOLOGY, AND ORTHODOX FAITH, AND CANONS AND ORDINATIONS.

^A CAPUT PRIMUM. — De theologia et fide orthodoxa. Apostolorum canones 49, 50. 49. If any bishop or presbyter does not baptize according to the Lord's ordinance in the name of the Father, and of the Son, and of the Holy Spirit, but in three without beginning, or three sons, or three paracletes, let him be deposed. 50. If any bishop or presbyter does not perform three baptisms of one mystery, but one baptism, which is given into the death of the Lord, let him be deposed. For the Lord did not say: Baptize into my death: but, Going, teach all nations, baptizing them in the name of the Father, and of the Son, and of the Holy Spirit. (Matt. xxviii, 19).

Concilii Constantinopolitani canones 1, 5. 1. That the faith of the three hundred and eighteen Fathers who gathered at Nicaea should not be abrogated, but remain firm and stable, and that every heresy should be anathematized, and especially that of the Eunomians, ^B or Anomoeans, and the Arians, or Eudoxians, and the Semi-Arians, or adversaries of the Holy Spirit, and the Marcellians, and the Photinians, and the Apollinarists. 5. Concerning the letter of the Westerners, we also received those who at Antioch confess one deity of the Father, and of the Son, and of the Holy Spirit.

Concilii Ephesini canon 7. 7. These things therefore having been read, the holy synod decreed that it is not permitted for anyone to produce or write another faith, ^C

NOTE. (1) Understand the definition of the Nicene faith confirmed by the Western bishops at Sardica, according to Balsamon. ^D

Canon 2 of the Council of Carthage

Canons 1, 73, and 81 of the Sixth Ecumenical Council

impiously vomited forth that the Lord assumed a body not endowed with a mind, hence also reasoning that the salvation accomplished for us was imperfect. Moreover, we also seal as an unbreakable pillar of piety the teachings set forth in the city of the Ephesians by the two hundred God-bearing Fathers formerly assembled under Theodosius the son of Arcadius, who was our emperor, preaching one Christ, the Son of God, even when He became incarnate; and we glorify as truly and properly the Theotokos the ever-pure Virgin who brought Him forth without seed; and we drive away the foolish division of Nestorius as something alienated from the divine lot, for he taught one Christ as a man separately and God separately, and renewed the Jewish impiety.

Furthermore, we also confirm in an orthodox manner the faith inscribed by the six hundred and thirty God-chosen Fathers in the metropolis of the Chalcedonians under Marcian, who was also our emperor; which faith with a great and sublime voice proclaimed to the ends of the earth one Christ, the Son of God, composed from two natures and believed in these same two natures; and it cast out from the sacred precincts of the Church, as some loathsome and foul pestilence, Eutyches the senseless, who stated that the great mystery of the economy was accomplished by appearance. And together with him, we also [cast out] Nestorius and Dioscorus, of whom the one was the defender and champion of division, and the other of confusion: who indeed, from opposite diameters of impiety, had fallen into one abyss of perdition and denial of God.

But we also recognize as uttered by the Spirit the pious voices of the one hundred and sixty-five divine Fathers assembled in this imperial city under Justinian of pious memory, who was our emperor, and we teach our posterity [to do the same]; who synodically anathematized and abhorred Theodore of Mopsuestia, the teacher of Nestorius, and Origen, and Didymus, and Evagrius, who again brought in feigned pagan fables, and who ruined from the beginning the circlings ^B and transformations, or transmigrations, of certain bodies and souls, with certain deliriums and dreams of their own; and who impiously and contumeliously insulted the resurrection of the dead; and things written by Theodoret against the right faith and the twelve chapters of the blessed Cyril, and that which is called the epistle of Ibas.

Furthermore, we again profess that we guard, immovable and unagitated, the faith of the sixth holy synod, which was formerly assembled in this imperial city under our emperor Constantine of blessed memory—a faith which received greater firmness from the fact that the pious emperor fortified the document with his own seal for the sake of security for all future ages; which [faith] openly taught us that we ought to piously hold the two natural wills, or volitions, and two natural operations, in the incarnate economy of our one Lord Jesus Christ, the true God; having piously condemned by sentence those who had corrupted the upright decree of the truth and had taught the peoples one will and one operation in our one Lord Jesus Christ, [namely] Theodore, ^{C D}

of Pharan, Cyrus of Alexandria, Honorius of Rome, Sergius, Pyrrhus, Paul, and Peter, who presided in this God-guarded city; Macarius, who was bishop of the Antiochenes, Stephen his disciple, and the foolish Polychronius; by this means keeping the common body of our Lord Jesus Christ, the God of us all, untouched and unblemished. And, to say it once for all, we decree that the faith of all those who have been ornaments and decorations in the Church of God, and have been lights in the world, maintaining the way of life, shall prevail, and shall remain unshaken and unassailable until the consummation of the age, together with their divinely delivered writings and dogmas. We reject and anathematize all whom they rejected and anathematized as enemies of the truth, who vainly raged against God and meditated iniquity on high. If any person among all others does not hold and embrace the aforementioned decrees of piety, and so opine and preach, but attempts to go in opposition to them, let him be anathema, according to the decree formerly set forth by the aforementioned holy and blessed Fathers, and let him be expelled and cut off from the catalogue of Christians as a stranger. For we have determined that we neither add anything at all, nor subtract anything, from what has been previously defined, nor have we been able to do so in any way.

^B 73. Since the life-giving cross has shown us salvation, it behooves us to exert all diligence in rendering the honor that is due to that through which we were saved from the ancient fall. Wherefore, in mind, in word, and in sense, we render adoration to it, and we command that figures of the cross fashioned by some people upon the ground or pavement be entirely erased, lest the trophy of victory for us be dishonored by the trampling of those walking there. Accordingly, we decree that those who henceforth construct the sign of the cross on the ground be cut off.

81. Since we have learned that in some places in the hymn where the thrice-holy is sung, there is added after the phrase "Holy Immortal," this addition, "who wast crucified for us, have mercy on us." This, however, was ^C cast out of this hymn by the ancient holy Fathers as being alien to piety, together with the wicked heretic who innovated this expression; and we, confirming those things which were piously established beforehand by our holy Fathers, anathematize those who, after the present decree, admit such an expression in the churches, or in any other way attach it to the most holy hymn. And if the person is of the priestly ^D order, who transgresses this [decree], we command that he be stripped of his priestly dignity.

but if he is a layman or a monk, that he be excommunicated.» ^A

Book I, tit. II, constitutions 1, 5, 6, 7, 8.

CAP. II. — What canons ought to retain authority.

Canon 1 of the Council of Chalcedon.

Canon 1 of the Council of Carthage.

Canon 2 of the Sixth Œcumenical Council.

of Theophilus, archbishop of the same Alexandria; of Cyril, archbishop of the same Alexandria; and of Gennadius, who was patriarch of this God-guarded and imperial city. Furthermore, ^A the canon issued by Cyprian, who was archbishop of the region of the Africans and a martyr, and by the synod which was under him, which alone was observed in the regions of the aforementioned prelates according to the custom handed down to them. And it is permitted to no one to adulterate the previously declared canons, nor to fail to accept them, nor to receive other canons besides those proposed here, composed by some with a falsely attached inscription, who have attempted to hawk the truth. But if anyone be caught innovating upon or attempting to subvert any of the aforementioned canons, he shall be liable according to such canon, as the canon itself declares, suffering the penalty, and receiving healing through the very thing in which he offends.

Of the Second Council of Nicaea, canons 1 and 2

4. For those who have obtained the priestly dignity, the descriptions of the canonical constitutions are testimonies and instructions for living correctly. Receiving these gladly with the God-speaking David, we sing to the Lord, saying: *In the way of thy testimonies I have taken delight, as in all riches* (Ps. CXVIII, 14); and, *Thou hast commanded righteousness, thy testimonies are for ever* (ibid. 138):— *Give me understanding, and I shall live* (ibid. 144). And if the prophetic voice commands us to keep the testimonies of God and to live in them for ever, it is clear that they remain in no way to be shaken or in any manner to be undermined: for the venerable Moses also says thus: *It is not permitted to add, nor is it permitted to take away from them* (Deut. IV, 2). And the divine apostle Peter, exulting in them, cries out: ^B *Into which the angels desire to look* (I Pet. I, 12). And Paul also says: *Even if we or an angel should preach a gospel to you other than that which you received, let him be anathema* (Galat. I, 8). Since these things, therefore, are so and are testified to us, exulting in them as if one had found many spoils, we gladly embrace the divine canons, and we confirm their entire and unshakable constitution, which were edited by the trumpets of the Holy Spirit, the praiseworthy apostles, and by the six holy universal synods, and those which were gathered provincially for the issuing of such decrees, and by our holy Fathers. For all, illuminated by one and the same Spirit, decreed what was useful; and whom they consign to anathema, we also anathematize; ^C and whom they consign to deposition, we also depose; and whom they consign to excommunication, we also excommunicate; and whom they hand over to penance, we also likewise subject. For our ways should be free from avarice, being content with what is present (Hebr. XIII, 5), he who ascended to the third heaven and heard unspeakable words, Paul the divine apostle, expressly cries out.

TIT. I. CAP. II.

2. Since by chanting we make promises to God: "In thy statutes I will meditate, I will not forget thy words," it is indeed salutary for all Christians to keep this, but especially for those who obtain the priestly dignity. Therefore, we decree that everyone who is to be promoted to the episcopal throne shall entirely know the Psalter, so that from it he may also exhort all the clergy under him to be trained therein. And he must be thoroughly examined by the metropolitan as to whether he is ready to read the sacred canons diligently and with close scrutiny—not incidentally and cursorily—and whether he is prepared in mind to be conversant with the holy Gospel, the book of the divine Apostle, and all divine Scripture, and to teach the people under him according to the divine commandments. For the substance of our hierarchy is the divinely transmitted oracles, that is, the true knowledge of the divine Scriptures, as the great Dionysius declared. But if anyone should be doubtful and not willing to do and teach these things, let him not be ordained; for God spoke prophetically: "Thou hast rejected knowledge, and I will reject thee, that thou shalt not be a priest to me."

Concilii unionis canones 4, 7.

7. Whosoever spurns the sacred and divine canons of our blessed Fathers, which support the holy Church and, by adorning the entire Christian polity, lead it toward divine piety, let him be anathema.

Thus the fragment cited by Leunclavius in the aforementioned location concludes. But in the Vatican codex, there follows an unpublished clause of the synod which states as follows:

With these things thus defined for the security of the holy Church, and that by the perfection of piety the wickedness of nuptial defilements might be warded off, we entreat thy goodness, Christ our God, that henceforth thou wouldst remove from thy Church every scandal and every cause of dissension, and preserve for it a peaceful constitution, by the intercession of our most glorious Lady and pure Mother, and of thy most holy disciples and apostles, through whom thou hast planted thy peace in all the earth, together with all those saints in whom thou hast been well-pleased from the ages. Amen.

Text. Constitution 3, tit. 2, of the Novellae, wishes the canons of the seven councils, and their decrees, to be valid as though they were sacred Scriptures. But in

^A Book 1 of the Code, title 3, constitution 14, and in constitution 1 and 4 of title 1 of the Novellae, it is stated that some canons are valid as laws, and others that laws follow the canons; and in Book 1, title 2, constitution 12, it is stated that pragmatic forms which are contrary to the canons are void.

CAP. III. That ecclesiastical custom, even if not written, should be observed as law; and that there is no necessity to keep the Mosaic law.

Of the Sixth Ecumenical Council, canon 82.

82. In some pictures of venerable images, a lamb is depicted, pointed to by the finger of the Forerunner, which was taken as a figure of grace, prefiguring for us through the law the Lamb, Christ our God. Therefore, embracing the ancient figures and shadows as symbols and representations of the truth handed down to the Church, we prefer grace and truth, ^B having received this as the fulfillment of the law. So, therefore, that that which is perfect may be represented to the eyes of all, even by the depiction of colors, we ordain that, henceforth, the Lamb who takes away the sin of the world, Christ our God, be set up and depicted in images in his human likeness, instead of the ancient lamb; that through him, we may understand the height of the humility of the Word of God, and be led to the memory of his conversation in the flesh, his passion, and his saving death, and the redemption of the world which was brought about by him.

Saint Basil to Diodorus of Tarsus, concerning those who marry two sisters, or those who marry two brothers.

Letters came to us inscribed with the name of Diodorus, which in their contents befitted someone else ^C rather than Diodorus. For it seems to me that some artful person, having assumed your persona, wished thus to secure authority for himself among the listeners. Indeed, when asked by someone if it were lawful for him to take in marriage the sister of his deceased wife, he did not shudder at the question, but even heard it with composure, and supported this lascivious desire quite boldly and combatively. If the letters were present, I would have sent them to you, and you would have had sufficient ability for your own defense and that of the truth. But because he who showed them took them back again, and carried them about contrary to us—who prohibited this from the beginning—as a kind of trophy, claiming that he had permission granted in writing, I have now written to you ^D so that with a double hand we may oppose that spurious letter, and leave it no strength, lest it easily be able to harm those who encounter it. First, therefore, which is the greatest thing in such matters, we can oppose our custom, which has the force of law, because the traditions were handed down to us by holy men. And this custom is of such a kind, that if anyone, having been overcome at some time by the vice of impurity, should fall into the illicit union of two sisters, he should not consider this a marriage, nor should he at all be received into the fullness of the Church.

^A Since even if there were nothing else to say, custom alone would suffice to guard the good. But because the person who wrote this letter attempted to introduce such a great evil into human life by a counterfeit argument, it is necessary that we also should not withhold the aid of our reasoning. And indeed, even in matters that are extremely manifest, one’s own preconceived notion is greater than the argument. It is written, he says, in Leviticus: "Thou shalt not take a wife to her sister, to be an adversary, to uncover her shame upon her, while she is yet living." ^B And he says that from this it is manifest that it is permitted to take a wife after the sister has died. To this, I will say first of all that whatever things the Law says, it says to those who are under the Law; otherwise, we would also be subject to circumcision and the Sabbath and the abstinence from foods. For we will not, if we find something that coincides with our pleasures, subject ourselves to the yoke of the slavery of the Law. But if something in the legal ordinances seems burdensome, then we flee for refuge to the freedom which is in Christ. We were asked if it is written that one may take a wife after her sister; we answered, which is safe and true for us, that it is not written. ^C But to infer that which is passed over in silence from the resulting consequence is the task of the legislator, not of one who merely recites the law; since in this way it would be permitted to anyone who wishes to dare [to violate the law] and, even while the wife is still living, to take her sister. For this very same sophism is also applicable to that case. For it is written, he says, "Thou shalt not take an adversary"—as if it did not forbid taking one who is outside the bounds of jealousy; and he who defends the passion will define the character of the sisters as being without jealousy. Therefore, if the cause for which he forbade the living together with both is removed, what will be the obstacle to taking the sisters? "But," we will say, "these things are not written." But neither have those things been defined, and yet the sense of the consequence offers permission for both alike. But one ought to have run back a little to what precedes the legislation, and be freed from the difficulty; ^D for it seems that the legislator does not include every kind of sin, but specifically forbids those of the Egyptians, from whence Israel departed, and those of the Canaanites, to whom he was moving. For the text reads thus: "According to the practices of the land of Egypt, in which you dwelt, you shall not do; and according to the practices of the land of Canaan, into which I will bring you there, you shall not do, and you shall not walk in their ordinances." So that this kind of sin, it is supposed, did not then exist among the nations. Wherefore the legislator did not need to provide for the guarding against it, but was satisfied with the untaught custom to rebuke the defilement. How then, having forbidden the greater, did he pass over the lesser in silence? Because the example of the patriarch seemed to many who are indulgent to the flesh to make living with sisters while they are still alive harmful. But we, what must we do? To speak only what is written, or to labor more accurately over what has been passed over in silence? Forthwith, that it is not right for a father and son to use the same concubine is not written in these laws; but by the prophet it is judged worthy of the greatest accusation: "For a son," he says, "and a father have gone unto the same"},

^A" woman. How many other types of unclean passions were devised by the school of the demons, yet the divine Scripture kept silent, not wishing to defile its own majesty with the names of shameful things, but denouncing impurities by general terms! As the apostle Paul also says: "But fornication and all uncleanness, let it not even be named among you, as is becoming to saints 16," including under the name of uncleanness the obscene deeds of both men and women. So silence does not by any means grant license to the voluptuous.

But I do not even say that this part has been passed over in silence; indeed, I say that it has been very vehemently prohibited by the lawgiver. For that passage, "Thou shalt not approach unto any that is near of kin to thee, to uncover their nakedness 17," is inclusive also of this type of kinship. For what could be closer to a man than his own wife? Or rather, than his own flesh? For they are no longer two, but one flesh; so that through the wife, the sister passes into the affinity of the husband. For just as he shall not take the mother of his wife, nor the daughter of his wife, for the reason that he may not take his own mother nor his own daughter; so neither the sister of his wife, because he may not take his own sister. And this also works in reverse: it shall not be permitted to the wife to ^B consort with the kinsmen of her husband. For the laws of affinity are common to both sides.

Furthermore, I testify to anyone consulting me about marriage that "the fashion of this world passes away," and that "the time is short," so that "they that have wives may be as though they had none 18." But if anyone reads that passage to me incorrectly, "Be fruitful and multiply 19," I laugh at19 someone who does not distinguish the times of the laws. Second marriages are a remedy for fornication, not an occasion for debauchery. "If they cannot contain, let them marry," he says, "but let them not, while marrying, violate the law."

But these people do not even look toward nature, which long ago distinguished the names of the lineage. By what kinship, then, will they call those who are born? Will they call them brothers, or cousins? For indeed, either name suits them on account of the confusion. Do not, O man, make a stepmother for the infants; nor arm with implacable jealousy her who ought to cherish them in the place of a mother. For only the race of stepmothers extends hatred and enmity even after death. Indeed, while other enemies are reconciled with the dead, the hatred of stepmothers begins after death.

The summary of what has been said is this: If someone desires marriage legitimately, the whole world is open to him; but if he is driven by lust, let him for that very reason be the more excluded, "that he may know how to possess his vessel in sanctification and honor, not in the passion of desire 21." ^C The measure of the epistle restrains me, though I am eager to say more. But I pray that either our admonition may overcome the vice, or that this abomination may not spread into our own region, but may remain in the places in which it was dared.

From the same, from chapter 27 of those written concerning the Holy Spirit to the blessed Amphilochius.

^A Of the dogmas and teachings preserved in the Church, some we have from written instruction, while others we have received transmitted from the apostles in a mystery; both of which have the same strength for piety. And no one will gainsay these, no one at least who is even slightly experienced in ecclesiastical institutions. For if we were to attempt to reject the unwritten customs, as not having great power, we would inadvertently cause damage to the Gospel in its most vital points, or rather, we would contract the proclamation into a mere name. For instance, to mention first the most prime and common example: who has taught in writing that those who have placed their hope in the name of our Lord Jesus Christ should be marked with the sign of the cross? What scripture has taught us to turn toward the east for prayer? The words of the invocation at the ^B showing forth of the bread of the Eucharist and the cup of blessing, which of the saints has left them to us in writing? For we are not content with those things which the Apostle or the Gospel mentioned, but we also announce and add other things, as having great strength for the mystery, which we have received from unwritten teaching. We bless the water of baptism and the oil of anointing, and furthermore the one receiving baptism; from what writings? Is it not from the silent and mystical tradition? And what of this? Who has taught in a written discourse the anointing with oil itself? And from where is the triple immersion of a human? And other things which happen in baptism, such as renouncing Satan and his angels, from what scripture do we have them? Is it not from this unpublished and secret teaching, which our fathers kept in uninquiring and uncurious silence? For they had learned well that the reverence of the mysteries is preserved by silence. For of those things which it is not even lawful for the uninitiated to behold, how was it reasonable that their teaching should be trumpeted in writings?

^D And after other things.

This is the reason for the unwritten tradition, that the knowledge of the dogmas might not, by being neglected due to familiarity, become contemptible to the many. For dogma is one thing, and preaching is another; the dogmas are kept silent, but the preachings are made public. A form of silence is also the obscurity which Scripture uses, making the meaning of the dogmas difficult to understand, for the benefit of the readers. For this reason we all look toward the east when we pray, but few of us know that we are seeking our ancient fatherland, the paradise which God planted in Eden in the east 22. And we fulfill our prayers standing on the first day of the week, but we do not all know the reason. For not only because as having been co-resurrected with Christ, and being obligated to seek the things that are above on the day of resurrection by the grace given to us, we remind ourselves by standing during prayer.

reminding ourselves, but because it seems to be in some way an image of the age to come. And so, being the beginning of days, it was not called "first" by Moses, but "one." For, he says, "there was evening, and there was morning, one day," as if the same day were revolving many times. Therefore, this one and the same day is also the eighth, that truly singular and genuine eighth, of which the Psalmist makes mention in some of the inscriptions of the Psalms, ^A signifying by itself the state, namely, that which is to follow this time, the day that will not end, the evening-less, the successor-less, that endless and ageless aeon. The Church, therefore, necessarily instructs her own foster-children to fulfill their prayers in this day standing, so that by the constant reminder of that unending life, we might not neglect the provisions for that migration, and so that we might not neglect to prepare the viaticum for that journey that will never cease. Furthermore, that entire period of fifty days is a reminder of the resurrection, which we await in the other age. For that one and first day, multiplied seven times, constitutes the seven weeks of the holy Pentecost. For it starts from the first and ends in the same, revolving fifty times through similar days that intervene. For this reason, it mimics an aeon by its likeness, just as in a circular motion, beginning from the same points and ending at the same. In which day the laws of the Church have trained us to prefer the standing posture of prayer, ^B as if transferring our mind from present things to future ones by a vivid reminder; and by every genuflection and rising, we show by our deed that we fell to the earth through sin, and through the sinlessness of Him who created us, we were recalled to heaven. The day will fail me if I go through the mysteries of the Church handed down without writing. I omit the rest: the confession of faith itself, to believe in the Father, and the Son, and the Holy Spirit—from what Scriptures do we have these? For if, because we follow the tradition of baptism according to the consistency of piety, just as we are baptized, so too we ought to believe, and we exhibit a profession similar to baptism: let them also allow us, according to the same consistency, to perform a glorification of the faith that is similar. But if they reject the mode of glorifying as something not handed down in writing, let them produce for us the proofs from the Scriptures—both for the profession of the faith and for the rest of what we have enumerated. Then, ^D since there are so many unwritten things, and they have such great power for the mystery of piety, will they not allow us a single little phrase that has come down to us from the Fathers, which we found remaining in the unperverted Churches from the simple custom, which does not have a small argument, nor a slight utility, but contributes to the power of the mystery?

Of the same, from the 29th chapter of the same work.

As for the objection that the glorification [with the Spirit] is unevidenced and unwritten, we say this: that if indeed nothing else...

that is unwritten is accepted, then let not this be accepted either; but if most of the mystical [traditions] are current among us without being written, we shall accept this also along with many others. I believe, however, that it is apostolic to abide by unwritten traditions. "For I praise you," he says, "that you remember all things of mine, and keep the traditions just as I delivered them to you." And that [saying]: "Hold fast the traditions which you have received, whether by word or by epistle." Among these, this one which we are now discussing is preeminent, which those who ordained it from the beginning transmitted to their successors, and as usage always progressed with time, it became rooted in the Churches by long custom. Therefore, if, as in a tribunal, we were destitute of written proof but produced a multitude of witnesses before you, would we not ^B obtain a sentence of acquittal from you? I, for my part, think so: "For in the mouth of two or three witnesses shall every word be established." And if we should also clearly demonstrate to you the long time that has passed in our favor, would we not seem to you to be speaking reasonably, and that this lawsuit could not justly be brought against us? For ancient dogmas are, in a certain way, venerable, possessing a certain reverence owing to their antiquity, like a kind of gray hair.

And in civil law, custom is valid as unwritten law ^C when it is confirmed in court, and when it is not opposed to written law. But if in some places it is not possible to find a custom regarding the matter in question, then one ought to follow the custom of Rome, as in the Digest, book I, tit. 3, Digest 32, 33, 34, 35, 36, 37, 38; and book VIII of the Code, tit. 52, constitution 1, 2, 3. It is also stated in book L, tit. 17, Digest 102, that although we transgress custom with difficulty, we do so when equity demands it.

CAP. IV. — That canons are not issued by one bishop, but by the common council of the prelates.

Basil’s canon 47. ^D The Encratites, and Saccophori, and Apotactitae are subject to the same principle as the Novatians; for a canon was issued regarding the latter, even if it is diverse, while matters regarding the former have been passed over in silence. We, however, for one reason, rebaptize such persons. But if the rebaptism [of such] is forbidden among you, just as it is among the Romans for the sake of some economy, let our own reasoning nevertheless retain its force: because their heresy is, as it were, a sprout of the Marcionites, in that they abhor marriage, and turn away from wine, and say that God's creation is defiled; therefore we do not admit them into the Church unless they have been baptized into our baptism. For let them not say, "We were baptized into the Father, and the Son, and the Holy Spirit," those who hold God to be the creator of evils, in rivalry with Marcion and the other heresies. Wherefore, if this meets with approval, it is necessary for more bishops to convene in one place, and in this way at last the canon

^A should be set forth, so that there may be no danger to the one who performs it, and the one who answers may have authority in his response regarding such questions.

CAP. V. — Concerning patriarchs, and metropolitans, and those who are called primates in Africa.

Apostolic Canon 34 [33].

Canons 4, 6, 7 of the Council of Nicaea.

Canon 9 of the Council of Antioch.

ordain presbyters and deacons, and examine each matter with judgment; but as for anything further, he should not attempt to act without the bishop of the metropolis, nor should the latter act without the opinion of the others. ^A

Synod of Constantinople, Canons 2, 3

2. Bishops should not go beyond their diocese to Churches that are outside their bounds, nor confound the Churches; but according to the canons, the bishop of Alexandria shall administer only the affairs in Egypt; the bishops of the East shall administer the East only, while the privileges and preeminences granted to the Church of the Antiochenes in the canons of Nicaea are preserved; and the bishops of the Asian diocese shall administer the affairs of Asia only; and those of the Pontic diocese, the affairs of Pontus only; and those of the Thracian diocese, the affairs of Thrace only. Bishops should not enter beyond their diocese for ordinations or any other ecclesiastical administrations unless invited. While the aforesaid canon regarding the dioceses is preserved, it is clear that the synod of each province shall administer the affairs of each province according to what was defined at Nicaea. The Churches of God in the barbarian nations must be administered according to the custom of the Fathers that has prevailed.

3. The bishop of Constantinople, however, shall hold the prerogatives of honor after the bishop of Rome, because it is New Rome. ^C

Synod of Chalcedon, Canon 28

28. Following in all things the decrees of the holy Fathers, and recognizing the canon which has just been read, of the one hundred and fifty most God-beloved bishops, who were assembled in the time of the great Theodosius of pious memory, who became emperor, in the imperial city of Constantinople, New Rome, we also define and vote the same things concerning the prerogatives of the most holy Church of the same Constantinople, New Rome. For the Fathers rightly granted prerogatives to the throne of the elder Rome, because that city ruled. And, moved by the same purpose, the 150 most God-beloved bishops bestowed equal prerogatives upon the most holy throne of New Rome, judging rightly that the city which is honored by the emperor and the senate, and enjoys equal prerogatives with the most ancient queen Rome, should also be magnified in ecclesiastical matters, being second after it; so that the metropolitans of the Pontic, ^D Asian, and Thracian dioceses...

alone, and furthermore also the bishops among the Barbarians of the aforementioned dioceses, shall be ordained by the aforementioned most holy throne of the most holy Church of Constantinople; it being understood that each metropolitan of the aforementioned dioceses, together with the bishops of the province, shall ordain the bishops of the province, as it is decreed by the divine canons; while the metropolitans of the aforementioned dioceses shall be ordained, as has been said, by the archbishop of Constantinople, after the elections have been conducted in accordance with custom and reported to him. ^A

Canons 3, 4, and 5 of the Council of Sardica

3. Bishop Osius said: This also must be added, that no bishop should pass from his own province into another province in which bishops are, unless he be called by his brothers; lest we seem to close the doors of love. This also must be provided for in the same way, that if in any province any one of the bishops should have a matter against his brother and fellow-bishop, neither of them should call in bishops as judges from another province. ^B But if any bishop should appear to be condemned in some matter, and should think that he has not a bad, but a good case, so that the judgment may be renewed again, if it pleases your love, let us honor the memory of the Apostle Peter, and let it be written by those who have judged to Julius, the bishop of Rome; so that by the bishops neighboring the province, if it be necessary, the trial may be renewed, and he himself may provide judges. But if it cannot be proved that his case is such that it needs to be tried again, what has once been judged shall not be invalidated, but the sentance given shall stand firm.

4. Bishop Gaudentius said: If it seems necessary to add to this sentence, which you have brought forward full of sincere love, that if any bishop has been deposed by the judgment of the bishops who are in the neighborhood, and he says that a matter of defense belongs to him again, let no other be installed in his chair before the Roman bishop, having heard the case, has passed judgment. ^C

5. Bishop Osius said: It has pleased the council, that if any bishop is accused and the bishops of the same region have assembled and removed him from his degree; and if, as if appealing, he takes refuge with the most blessed bishop of the Roman Church, and wishes him to hear it, and he thinks it just that the examination of the matter be renewed; he may deign to write to those bishops who are neighbors in the province, that they themselves may diligently and accurately investigate each point, and according to the faith of the truth pass a vote concerning the matter. But if anyone asks that his business be heard again, and at his supplication it shall seem resolved to the Roman bishop to judge, let him send presbyters from ^D his own side: and it shall be in his power that whatever he deems right

^A to be judged by those who shall sit with the bishops, possessing the authority of him by whom they were sent; and this also is to be laid down, that if he should deem the judgment of the bishops sufficient for the investigation and decision of the matter, he shall do that which in his most prudent counsel shall seem right. The bishops answered: What has been said is agreeable.

Of the Council of Carthage, canon 17, 39

17. It has pleased ^B that Mauritania Sitifensis, as it requested, should have its own primate, separate from the assembly of the province of Numidia; and by the consent of all the primates of the African provinces, or of all the bishops, it has been permitted to have one on account of the distance.

That the prince of the priests should not be called bishop.

39. That the bishop of the first see should not be called prince of the priests, or supreme priest, or anything of this kind, but only bishop of the first see.

Of the Sixth Ecumenical Council, canons 36, 39

36. Renewing the enactments of the 150 holy Fathers who assembled in this God-guarded and royal city, and of the 630 who assembled at Chalcedon, we decree that the throne of Constantinople shall enjoy equal privileges with the throne of Old Rome, and shall be magnified in ecclesiastical matters as he is, being second after him. After which, the throne of the great city of the Alexandrians shall be counted; then that of the Antiochenes; and after that, that of the city of the Hierosolymitans.

39. Since ^C our brother and fellow-minister John, the prelate of the island of Cyprus, together with his own people, has emigrated from the aforementioned island to the Hellespontine province, both on account of barbarian incursions and that they might be liberated from the servitude of the heathens, and might be purely subjected to the sceptres of the most Christian power, it has been our resolve, through the providence of the benevolent God and the labor of our pious and God-loving emperor, that those things ^D which were granted to the throne of the aforementioned man by the God-bearing Fathers who first assembled at Ephesus be preserved without innovation; so that the new Justinianopolis may have the right of Con-

Constantinople, and the most God-beloved bishop established over it may preside over all those of the province of the Hellespontines; and that he be ordained by his own bishops according to the ancient custom. For our God-bearing Fathers have determined that the customs in each Church be preserved; ^A with the bishop of the city of the Cyzicenes being subject to the presiding bishop of the aforementioned Justinianopolis, in imitation of all the other bishops who are under the aforementioned most God-beloved presiding bishop John, by whom, when necessity demands it, the bishop of the said city of the Cyzicenes shall also be ordained.

Text. Concerning the order of patriarchs, and what is given by them and the remaining bishops for ordination: and finally that the capital of all Churches is Constantinople, read book I of the Code, tit. 1, const. 7; and tit. 2, const. 6, 20, 24; and tit. Novellae, const. 2, and tit. 2, const. 3. Const. 16, tit. 2, l. 1, says that the Constantinopolitan [bishop] has preeminence over others; and const. 8, tit. Novellae, and 3, tit. 2, make the archbishop of Justiniana first, and have [stated] that he is greater than the metropolitan, and that he is created by his own synod: and finally, what provinces he has [under him].

CAP. VI. — Who ordains whom, and where, and how: regarding bishops or clerics, and if the one elected should refuse the bishopric by submitted petition.

Canons of the Apostles 1, 2, 35. 1. Let a bishop be ordained by two or three bishops. 2. Let a presbyter be ordained by one bishop, as also a deacon and the remaining clerics. 35 [34]. Let a bishop not dare ^B to make ordinations outside his own bounds in cities and regions not subject to him. But if he be convicted of having done this contrary to the judgment of those who hold those cities or regions, let both he and those whom he ordained be deposed.

Canons of the Council of Antioch 13, 19, 22. 13. Let no bishop dare to pass from one province to another and ordain certain persons in churches for the promotion of the liturgy, nor even lead others with him, unless he comes invited by letters of the metropolitan and the bishops who are with him, into whose region he is arriving. ^C But if, with no one calling him, he departs in disorder for the ordination of certain persons and for the constitution of ecclesiastical affairs not pertaining to him, let the things done by him be invalid, and let him himself pay the due penalty for his disorder and his unreasonable undertaking, being deposed from then on by the holy synod. 19. Let a bishop not be ordained without a synod and the presence of the metropolitan of the province. Moreover, when he is present, it is altogether better that all ^D those who are fellow-ministers in the province be with him,

and it is fitting that he should summon them by letter. And if indeed all have arrived, it is better. But if this should be difficult, it is absolutely required that the majority be present, or that they provide their suffrage by letters along with them, and thus, with the presence or the vote of the majority, the institution should take place. But if anything is done otherwise, contrary to these things which have been decreed, the ordination shall have no validity. But if the institution has taken place according to the prescribed canon, and some, because of their own spirit of contention, speak against it, the vote of the majority shall prevail.

22. A bishop must not enter an alien city which is not subject to him, nor into a region which does not pertain to him, for the ordination of anyone, nor ordain presbyters or deacons in places subject to another bishop, unless it be with the consent of the bishop of that own region. If, however, anyone should dare to do such a thing, the ordination shall be void, and he himself shall be punished by the synod.

Synod of Laodicea, canons 5, 12.

Synod of Ephesus, canon 8, and epistle to the synod in Pamphylia.

Epistle of the same holy synod in Ephesus to the holy synod in Pamphylia, regarding Eustathius, who had been their metropolitan.

of administration and conduct, apply the utmost consideration. For to those who wish to live in such a manner, it happens that their affairs are placed in the best hope, and, as if with a favorable wind, they proceed according to their wishes. And in truth, this is a discourse not far from reason. But in the meantime, a sharp and unbearable pain is wont at times to befall, which suddenly strikes the human mind with some impulse, and thus renders it perturbed and perverted, so that it is led away from the searching out of useful and honorable things, and is driven to pursue those things which, by their nature, are prepared for harm under the guise of goodness. We have learned that such a thing happened to the most holy man Eustathius. For he was ordained rightly and according to the canons, as is proven by the testimony of all. But afterwards, when he had been—as he says—much stirred up into tumult by some, and was surrounded on all sides by sudden and unexpected evils (since he had very little experience in conducting affairs), he did not wish to sustain so many and such grave cares as weighed upon him, nor could he refute the insults of those who were attacking him; he offered, I know not how, a document of resignation and abdication: whereas, on the contrary, it was fitting that he should hold with spiritual fortitude the priestly charge once committed to his faith, endure labors, and with a willing spirit sustain the toil for which a reward is proposed. Since this diligence was clearly lacking in him—yet this was due more to a want of experience than to the vice of sloth or laziness—your piety, driven by necessity, chose the aforementioned brother, most beloved of God, and colleague in the episcopal dignity, Theodore, to take over the care of the Church. For it would indeed have been unworthy for the Church to remain widowed; it would have been unworthy for the flock of our Savior to lack a shepherd. ^B Therefore, since Eustathius came weeping to make a request, along with the most holy Bishop Theodore, not contending for a city, nor for a Church, but seeking only the honor and calling of the episcopal name: his old age truly moved us all, and, regarding his tears not as private but as common to us, we studied to inquire whether the aforementioned man had undergone a legitimate deposition, or whether, in fact, he had been convicted by some detractors of any absurd deeds or words against his reputation. And we found that the man had committed no such thing, but rather that it was his resignation that was cast as a crime against him. Hence, we did not find fault with your pious zeal, by which the aforementioned most reverend Bishop Theodore was fittingly appointed in his place: but because it was not right to contend against a soul ill-suited for conducting business, but rather to take pity on an old man who had been absent for so long a time from the city in which he was born and from his ancestral home, we have deemed it just and right that he should retain the name of bishop, and the honor, and the communion, without any contradiction: ^C under this condition, however, that he have no authority to ordain, nor that he celebrate the liturgy in any Church by his own authority, unless perhaps he be invited or permitted by a brother and fellow bishop, according to the disposition and love which is in Christ; but if you should decide anything more favorable regarding him, either now or in the future, this also pleases the holy Synod. ^D

Canon 6 of the Council of Sardica

^A Osius the bishop said: If it should happen in a province where there are many bishops that one bishop remains, and he, through some negligence, does not wish to come and concur in the appointment of bishops, and the assembled multitude requests that the appointment of the bishop sought by them should take place, it is necessary first that the bishop who remained behind be reminded by letters from the exarch of the province, I mean the bishop of the metropolis, that the multitude is asking for a shepherd to be given to them; and I think it proper to await his presence. But if, even after being requested by letters, he does not arrive, nor even send a reply, the will of the multitude must be satisfied. It is also necessary that bishops from the neighboring province be invited for the appointment of the bishop of the metropolis. And it is not permitted simply to appoint a bishop in any village or small city, to which even one presbyter is sufficient; ^B for it is not necessary for a bishop to be appointed there, lest the name and authority of a bishop be brought into contempt. But the bishops of the province, as I said before, ought to appoint bishops in those cities where bishops previously were. If, however, some city is found to be so populous that it is deemed worthy of an episcopate, let it receive one, if this is pleasing to all. They all answered: It pleases us.

Canons 13, 18, 49, 55, and 58 of the Council of Carthage

Concerning the fact that a bishop may not be ordained except by many; but if necessity arises, even by three bishops may a bishop be ordained.

13. Aurelius the bishop said: What does your holiness say to this? It was said by all the bishops: The statutes of the ancients must be observed by us, so that without consulting the primate of any given province, ^C many bishops gathered together should not easily presume to ordain a bishop, unless a necessity arises; in that case, three bishops, wherever they may be, shall ordain a bishop according to the command of the primate; and if anyone should go against his own profession or signature in any matter, he will deprive himself of his honor.

If any cleric is ordained, he must be cautioned to keep the decrees, and that the Eucharist should not be given to the bodies of the deceased, nor baptism; and that every year throughout all the provinces, the metropolitans should meet for a synod. ^D

^A Likewise it was resolved that when a bishop or cleric is ordained, the rules decreed by the councils should first be read into their ears by those ordaining them, so that they may not repent for having done something contrary to the statutes of the council. Likewise it was resolved that the Eucharist should not be given to the bodies of the deceased: for it is written, "Take and eat." But the bodies of the dead can neither take nor eat; and so that the ignorance of the presbyters may not cause those already deceased to be baptized. And this also must be confirmed in this holy synod, that according to the Nicene statutes, because of ecclesiastical causes which often linger to the ruin of the people, a council be called together every year, to which all the provinces that have metropolitan sees shall send, from their own councils, two bishops, or as many as they may choose as legates, so that in the assembly thus gathered there may be full authority.

How many bishops ought to ordain a bishop.

49. Honoratus and Urbanus, ^B bishops, said: And this also was commanded to us, that because our brethren, two bishops of Numidia, presumed to ordain a pontiff, you should decree that the ordinations of bishops should not be performed except by twelve.

Aurelius the bishop said: The ancient pattern shall be observed, that no fewer than three who have been designated for the ordinations of a bishop shall suffice; because in Tripoli, perhaps, and in Arzug, it is evident that barbarian nations lie between. For in Tripoli, as is asserted, there are only five bishops, ^C and it is possible that even two of that number might be occupied by some necessity; for it is difficult for all to be able to meet from any given number: ought this itself to be an obstacle to the utility of the Church? For even in this Church, to which your holiness has deigned to convene, we have those to be ordained frequently and almost every Sunday: could I frequently summon twelve, or ten, or not many ^D fewer bishops? But it is easy for my insignificance to join two neighbors. Wherefore your charity sees with me that this same thing cannot be maintained.

That it is lawful for the bishop of Carthage to ordain a cleric from wherever he wishes.

55. Aurelius the bishop said: Receive my words, brethren. It happens sometimes that we are requested by churches that are in need of overseers, or presbyters, or bishops; and yet, mindful of the statutes,

^A I follow them, so that I may meet with the bishop of the cleric who is sought, and make it manifest to him that a cleric of his is requested by any church whatsoever. Now therefore, in the present case, they do not gainsay it; but lest it happen hereafter that they do resist—that is, that those who request it from me in this matter should oppose me—since you know that I bear the care of many churches and ordinations, whenever I might meet with any of the priests, with two or three witnesses of our own clergy, if he should be found unblamable, it is just for your charity to judge what ought to be done. For I, as you know, brethren, by the grace of God, sustain the care of many churches. — Numidius the bishop said: This authority has always belonged to this see, that from wherever it wished, and regarding whomever it was consulted, it might, according to the desire of each church, ordain a bishop. — Epigonius the bishop said: Goodness limits possibility; for you presume less, brother, when you show yourself good and kind to all; for you have this in your discretion, and it is enough that the person of each bishop be satisfied in the first meeting alone. But if he should deem that any right is to be claimed for this see, you have the necessity to support all the churches; whence we do not give you power, but we assign your own to you, so that it may be permitted to your will both always to retain whom you wish, and to appoint those to be set over the peoples or Churches, who have been requested, and from wherever you wish. — Postumianus the bishop said: Then, one who has only one [presbyter], ought even that one to be taken away from him? — Aurelius the bishop said: But one bishop can exist, through whom by divine grace many presbyters can be appointed; yet one bishop is found with difficulty to be appointed. Wherefore, if anyone has a presbyter necessary for the episcopate, and has only one, as you said, brother, even him he ought to give for ordination. — Postumianus the bishop said: Therefore, if another has an abundance of clerics, another congregation ought to help me. — Aurelius the bishop said: Certainly, when you have helped another Church, it will be persuaded to him who has more clerics, that he should bestow one upon you for ordination.

^C

Concerning the peoples who have never had bishops.

58. It has been decided that those peoples who have never had their own bishops, unless a decree has been made by the plenary council of each province, and by the consent of the primate, and of him to whose diocese that same Church belonged, they shall by no means receive them.

Councils of the Ecumenical VI, canons 33, 37.

33. Since we have learned that in the region of the Armenians, only those who are of the priestly lineage are admitted into the clergy, acting in accordance with Jewish customs, and that some of them, even being tonsured, take it upon themselves to be sacred cantors and readers of the divine law...

^A without being appointed readers; we have determined that from now on it shall not be permitted for those who wish to bring some into the clergy to look to the family of the person being appointed, but they must test whether they are worthy to be enrolled in the clergy according to the criteria set forth in the holy canons, and appoint them ecclesiastically, whether they are born of priestly ancestors or not. Furthermore, that no one at all be permitted, in the order of those who are enrolled in the clergy, to recite the divine Scriptures to the people from the ambo, unless such a person has used the priestly tonsure and has canonically received a blessing from his own pastor. If anyone, however, is caught doing these things in violation of the rules, let him be excommunicated.

37. Since at various times there have been barbarian incursions ^B, and as a result many cities have been subjugated by the infidels, so that the prelate of such a city, after having been ordained, cannot apprehend his throne and be established therein in the priestly constitution, and thus perform and handle in accordance with the prevailing custom the ordinations and all things that pertain to a bishop: we, preserving the honor and veneration of the priesthood, and in no way wishing for the insult of the Gentiles to be exercised to the detriment of ecclesiastical rights, have decreed that those who are ordained in this way, and for the aforementioned reason are not established in their own thrones, shall be preserved without any prejudice arising from that fact; so that they may canonically perform the ordinations of various clerics, and use the authority of their presidency according to their own status, and that every administration proceeding from them may be firm and legitimate. ^C For the rule of economy shall not be restricted by the exact observance of law in a time of necessity.

Synod of Constantinople, which is called the First and Second, gathered in the temple of the Holy Apostles, canon 16

16. On account of the contentions and tumults which occur in the Church of God, it is also necessary to define this: that a bishop shall by no means be appointed in a Church, when he who presides over it is still alive and is still established in his own honor, unless he of his own accord has renounced the bishopric. For it is necessary that the cause of the person who is to be expelled from the bishopric first be canonically examined and brought to an end; then, after his ^D deposition, let another be promoted to his bishopric. If, however, any bishop, being established in his own honor, neither wishes to renounce it nor to feed his own people, but withdrawing from his own bishopric spends more than six months in another place, not being detained by royal command, nor serving in the ministry of his own patriarch, nor held back by a grave illness that renders him entirely unable to move, such a one, being hindered by none of the aforementioned causes, and being absent from his own bishopric and spending over the semester-period in another place, shall be entirely alienated from the dignity and honor of a bishop. For he who neglects the flock committed to his faith and spends time in another place beyond the six-month period, the holy [synod] has decreed...

that he be altogether estranged from the priesthood by which he was appointed to shepherd, and that another be appointed in his place in the bishopric. ^A

Epistle of Basil to the chorepiscopi. That it is not permitted to make ministers without him, contrary to the canons.

It is very painful to me that the canons of the Fathers have now been abandoned, and all strictness has been driven out of the churches. I fear that if we proceed in this path of indifference little by little, the affairs of the Church will fall into complete confusion. The custom formerly observed in the Churches of God was to admit ministers of the Church only after they had been examined with all strictness. Their entire conduct was scrutinized: whether they were slanderers, whether they were drunkards, whether they were prone to fighting, and whether they restrained their own youth, so that they might be able to practice the holiness without which no one shall see the Lord. ^B And this was examined by the presbyters and deacons who lived with them, and they would report it to the chorepiscopi, who, having received the votes of those who truly testified and having informed the bishop, would thus number the minister into the priestly order. But now, first of all, you have pushed us aside, and not even deigning to report to us, you have drawn the entire authority to yourselves. Next, growing indifferent to the matter, you have permitted the presbyters and deacons to introduce into the Church whomever they wish, without their life being examined, acting according to their own personal inclination, or out of kinship, or some other friendship, ^C thereby introducing unworthy men into the Church. For this reason, while many ministers are counted in each village, there is not one who is worthy of the ministry of the altar, as you yourselves testify, being at a loss for candidates in your elections. Since, therefore, I see the matter now progressing into an incurable evil—especially now, when many, for fear of military conscription, are casting themselves into the ministry—I have necessarily come to renew the canons of the Fathers, and I write to you to send me the roster of the ministers of each village, by whom each one was introduced, and what his way of life is. You yourselves also keep a roster, so that what you have may be compared with the records deposited with us, and so that it may be permitted to no one to enroll himself whenever he wishes. ^D Thus, indeed, if any have been introduced by presbyters after the first indiction, let them be cast back among the laity. Make a new examination of them from the beginning, and if they are worthy, let them be received by your vote. Purge the Church by casting out those who are unworthy of it. And for the future, examine those who are worthy and admit them, but do not enroll them before you have reported it to us; otherwise, know that he who has been admitted to the ministry without our judgment shall be a layman.

Cyril’s canons from his letter to Domnus, 1, 3.

shall they depart, but rather, having been condemned for actions ^A regarding which one might make a loud outcry as proceeding outside of all order. Greet the brotherhood that is with you; that which is with us greets you in the Lord.

From the epistle of the same to the bishops in Libya and Pentapolis, canons 1 and 3.

1. Some who have recently married, emerging as it were from their bridal chambers, snatch away some of the most God-beloved bishops, and with perhaps no one reporting their affairs, are ordained as clerics, that is to say, presbyters.

3. Since, therefore, as I have said, all things ought to be done by us for the edification of the peoples, let your piety observe these things; and if anyone is about to be ordained a cleric, let him examine his life, ^B and whether he has a wife or not, and how and when he took her, and if he has abstained, and if he is not one of those who have been expelled by a most holy bishop, or from monasteries; and then let him ordain him, having found him blameless. For thus we shall preserve both our own conscience pure, and the holy and venerable mystery blameless.

Theophilus’s, from the monitory, canon 6.

6. Of those who are to be ordained, let this be the rule: that the whole sacerdotal order may consent and choose, and then let the bishop examine; and with the sacerdotal order consenting to him, let him ordain in the midst of the church, in the presence of the people and with the bishop addressing them, as to whether the people also can bear witness to him. ^C But let no ordination take place secretly. For since the Church has peace, it is fitting that the ordinations of all the holy ones take place in the Church. And in the region, if there are any who have communicated with the sentiments of those who have communicated, let no others be ordained, but rather let them be ordained by those who are truly orthodox clerics, while they examine, with the bishop again present, and addressing the people who are present, so that no circumvention may occur.

Text. Lib. cod. 1, tit. 3, const. 12, 30, 42, 47, 52, and tit. 1, Novellarum const. 1 and 17.

That the election of priests is not to be permitted to the promiscuous populace.

CHAPTER VII. — That the populace is not to be permitted to make elections of those who are to be established in the priesthood.

Council of Laodicea, canon 13.

13. That the populace is not to be permitted to make elections of those who are to be established in the priesthood. ^D

Council of Nicaea II, canon 3.

3. Any election made by magistrates, for a bishop, or presbyter, or deacon, is to remain void, in accordance with the canon which says: "If any bishop, having used secular magistrates, acquires a church by their means, let him be deposed, and let those who communicate with him be excommunicated." For he who is to be promoted to the episcopacy ought to be elected by bishops, as has been decreed by the holy Fathers at Nicaea in the canon which says: "It is fitting that a bishop [be elected by all the bishops in the province], etc." as on page 467.

CAP. VIII. — What if a contradiction arises in the ordination of a bishop?

^A Concilii Antiocheni, canon 19. 19. Let a bishop not be ordained, etc. Concilii Carthaginensis, canon 50. How many bishops must be added to the number of those ordaining, if there is a contradiction regarding the bishop about to be ordained.

50. But it must also be established ^B that when we have gathered to elect a bishop, if any contradiction has arisen—since such matters have been discussed among us—let it not be considered sufficient for only three bishops to clear the one who is to be ordained; but let one or two be added to the aforementioned number, and among the very people for whom he is to be ordained, let the persons of those contradicting be examined first. Finally, let the things objected also be discussed; and when he has been cleared in the public view, only then let him be ordained. If this agrees with the mind of your holiness, let it be confirmed by the response of your dignity. It was said by all the bishops: It is quite pleasing.

Text. Tit. 1. of the Novellae, const. 12 and 17, in which it is also treated concerning an objection against the ordination of clerics and prelates. For the first constitution of the title of the Novellae orders that the ordinations of bishops be made before all the people of the church, and moreover that anyone has the faculty to contradict. And if indeed a contradiction is made before the ordination, the ordination should not proceed until, an examination having been held, it is quite certain that he is innocent. But if anyone be ordained before the examination, he, together with the one who ordained him, shall fall from the priesthood. But if he who contradicted before the ordination appears to have done so with the intent of slandering, or does not convict and prove the accused, he shall be separated for ever from holy communion by the one presiding over the ordination, and the ordination shall be performed. The second constitution of the same title says: If a contradiction is made for such a cause as can impede ordination according to the laws or canons; and: That the examination must take place with both sides present, or where the accuser has delayed completing the accusation for three months; and: That if the accuser either does not prove it, or flees, he shall be cast out of the province in which he dwells. If the ordination is performed before the examination, the ordained shall be expelled from the priesthood; the ordainer, however, shall be kept from the sacred ministry for a year, and his entire substance shall be applied to his Church. And this same constitution wishes for the same things to hold regarding the ordination of clerics. The 17th constitution of the same title says: If anyone accuses one about to be ordained for any cause whatsoever, let the examination first be held, with the accuser pursuing the charge. But if he is absent ^D or delays, let the one about to be ordained conduct the inquiry.

If he is found blameless, let him be ordained. And if the accuser is a cleric, let him be cast out of his degree; if he is a layman, let him be disciplined. But if the ordination occurs before the examination, both the one ordained and the one who ordained him are excluded from the priesthood. He declares that the same rule holds for the ordination of bishops, clerics, and abbots.

CHAPTER IX. — Intra quod tempus episcopi ordinandi sint.

^A Concilii Chalcedonensis canon 25. 25. Since it has come to our hearing that some of the metropolitans neglect the flocks entrusted to them and delay the ordinations of bishops, it has pleased the holy synod that the ordinations of bishops occur within three months, unless some unavoidable necessity makes it essential that the time of delay be prolonged. If they do not do this, they shall be subject to ecclesiastical penalty; the revenue of the widowed church shall, however, be kept safe by the steward of that same church.

Concilii Œcumenici VI canon 14. 14. The canon of our holy and God-bearing Fathers shall hold force in this matter also, so that a presbyter is not to be ordained before thirty years of age, even if the man be very worthy, but let him be reserved. For the Lord Jesus Christ was baptized in his thirtieth year and began to teach. ^B Similarly, let neither a deacon be ordained before twenty-five years, nor a deaconess before forty years. The second constitution of Title 1 of the Novels says that if those of the city delay for six months to vote for a bishop, he who has the right of ordination shall perform the ordination, at the peril of his own soul, provided that all other requirements are observed.

CHAPTER X. — That no one is to be ordained bishop or presbyter or deacon before he has made all his household orthodox.

Concilii Carthaginensis canon 36. 36. That bishops, and presbyters, and deacons are not to be ordained before they have made all who are in their house Catholic Christians. And the 8th constitution of the 5th Title of the 1st book, and that of the 11th Title, punish Samaritans and pagans who are baptized but do not bring their wives, children, and those in their houses to holy baptism.

CHAPTER XI. — Concerning those who become bishops from the lay state.

^C Concilii Sardicensis canon 10. 10. All the bishops answered that this pleased them, and that this counsel was most proper. Bishop Hosius said: I also think this necessary, that it be examined with all care and diligence, so that if any person from the forum, whether a rich man or a scholasticus, ^D

^A be deemed worthy to become a bishop, he not be ordained before he has discharged the ministry of reader, deacon, and presbyter; so that in each degree, if he be judged worthy, he may be able to advance by progression to the height of the episcopate. And the degree of each order will have a length of time—not a short one, evidently—through which his faith, and the probity of his character, and his constancy, and his moderation may be able to become known, and he himself, being judged worthy of the divine priesthood, may attain the maximum honor. For it is neither fitting, nor does knowledge or good conduct allow for this, that one should approach this rashly and lightly, so that a bishop, or presbyter, or deacon is appointed promptly and easily. For thus he would justly be deemed a neophyte, since the most blessed Apostle, who was also the teacher of the Gentiles, seen clearly to have forbidden rapid ordinations. ^B For a probation of very long duration will be able not improbably to reveal the conduct and the character of each person.

Canon 17 of the First and Second Synod of Constantinople, gathered in the Church of the Holy Apostles.

17. We, while caring for the good order of the Church in all things, have judged it necessary to define this: that for the future, no layman or monk be suddenly raised to the height of the episcopate, but after being examined first in the ecclesiastical degrees, he should thus receive the ordination of the episcopate. For even if, up to now, some from among the monks and the laity, because necessity demanded it, have immediately been deemed worthy of the episcopal honor, having excelled in virtue and having lifted up their own church, ^C yet, since that which happens rarely does not provide a law for the Church, we decree that for the future this shall no longer happen, unless he who is being ordained has proceeded according to reason through the priestly degrees, fulfilling the customary time in each order.

The text of the Second Constitution, Title I of the Novellae, does not permit someone to be created a bishop immediately from the state of the laity, but requires that he first become a cleric and spend three months learning the Scriptures and the canons. The first Constitution of the same book and title wishes him to have been a cleric or a monk for no less than six months.

CAP. XII. How he who has come from paganism, or who has been ill, or recently baptized, or who has led a wicked life, is ordained bishop or cleric.

Apostolic Canon 80.

80 [79]. For him who has approached from a gentile life and been baptized, or who has come from a wicked manner of living, it is not equitable to be made a bishop forthwith. For it is unjust that one who has not yet demonstrated his own experience ^D should be a teacher of others, unless perchance this happen by divine grace.

Canon 2 of the Council of Nicaea.

2. Since many things, either by necessity or otherwise pressed

^A upon men, have been done contrary to the ecclesiastical canon, so that men who have but recently come from a pagan life to the faith, and have for a short time been catechumens—that is, instructed—are immediately led to the spiritual laver, and as soon as they are baptized are advanced to the episcopate or to the presbyterate, it has seemed good that nothing of this sort should happen henceforth. For there is need of time for the catechumen, and after baptism, of greater probation. For plain is the apostolic writing which says: “Not a neophyte,” ^B that is, one recently planted, lest being puffed up he fall into judgment and the snare of the devil. But if, as time proceeds, any carnal sin should be found concerning the person, and it be proven by two or three witnesses, let such a one cease from the clergy. And he who acts contrary to these things, as one who dares to be against the great synod, shall himself stand in danger concerning his own clerical status.

Council of Neocaesarea canon 12.

Council of Laodicea canon 3.

CAP. XIII. — How a vacant bishop may occupy a vacant episcopate.

Council of Antioch canon 16.

CAP. XIV. — How a eunuch or one otherwise vitiated in body can become a bishop or cleric.

Apostolic Canons 21, 22, 77, 78.

Council of Nicaea, canon 1

CAP. XV. — That a demoniac should not be received into the clergy. Apostolical canon 78.

CAP. XVI. — Concerning him who does not obey his own bishop, who wishes to ordain him to a higher rank. Council of Carthage, canon 31

Basil’s canon 10.

Nor will he condemn his own soul through idleness. And we shall not seem to act against the canons by making an accommodation regarding Cyriacus, who, although he had sworn to remain with the Mindani, nevertheless accepted a transfer. For his return will be the observance of his oath. But if the ^A economy should deviate from the dispensation, it will not be reckoned to him as perjury, since it was not added to the oath that he should not depart from the Mindani even for a little while, but rather that he should remain for the future. And as for Severus, who pleads forgetfulness, we shall grant him forgiveness, saying that He who knows secrets will not overlook His own Church being corrupted by such a person—one who from the beginning acted uncanonically, bound himself with an oath contrary to the Gospels, taught men to forswear themselves by the means through which he was transferred, and finally, while feigning forgetfulness, acts mendaciously. But since we are not judges of hearts, but judge from what we hear, let us leave the vengeance to the Lord, and let us ourselves accept him without judgment, granting pardon to the human weakness of forgetfulness.

CAP. XVI. — Concerning a bishop or cleric who has been ordained but is not received by his diocese, or who refuses to accept the ministry, or is unable to depart to his station.

Apostolic canon 36 [37]. If any bishop who has been ordained does not accept the ministry and the care of the people committed to him, let him be excommunicated until he does accept it; similarly also a presbyter and a deacon. But if he has departed and has not been received, not by his own will, but through the perversity of the people, let him indeed remain a bishop, but let the clergy of the city be excommunicated, ^B because they did not act as instructors to such an insubordinate people.

Council of Ancyra, canon 18. Bishops who have been appointed but not received by that parish to which they were named, if they wish to invade other parishes and offer violence to those who have been appointed, and stir up seditions against them, let them be excommunicated. If, however, they wish to sit in the presbytery where they were previously presbyters, let them not be deprived of their honor. But if they stir up seditions against the bishops who have been appointed there, let them be stripped even of the honor of the presbytery, and let them be declared excommunicate.

Council of Antioch, canons 17, 18. ^C

17. If any bishop who has received the laying on of hands and has been appointed to preside over a people does not accept the ministry, nor is persuaded to set out for the Church committed to him, he shall be excommunicate until he is compelled to accept it, or the full synod of the bishops of the province shall decide something concerning him.

18. If any bishop who has been ordained to a parish does not depart to that to which he was ordained, not through his own fault, but either because of the refusal of the people or some other cause which does not arise from himself, he shall be [deprived of both honor and]

the ministry only, causing no disturbance to the affairs of the Church where he may be gathered; he shall await whatever the complete provincial synod, having judged the matter brought before it, shall decree.

CAP. XVIII. — That it is not permitted for a dying bishop to ordain another in his place.

*Concilii Antiocheni canon 23.* It is not permitted for a bishop to appoint another as his successor, even if he should be at the end of his life. If anything of the sort should happen, the appointment shall be void. Let the ecclesiastical rite be preserved, which provides that it must not be done otherwise than with the synod and the judgment of the bishops who, after the falling asleep of the deceased, have the authority to promote the worthy.

CAP. XIX. — That a small city or village should by no means be given a bishop.

*Concilii Sardicensis canon 6.* Hosius the bishop said: If it should happen in one province, etc., as on page 481. Added here: All answered: It pleases us.

CAP. XX. — That there should not be two metropolitans in one province, nor two bishops in one city, nor one cleric assigned to two cities.

*Concilii Nicæni canon 8.* As for those who call themselves "the pure" but come to the catholic and apostolic Church, it ^C seemed good to the holy and great synod that, having had hands laid upon them, they continue in the clergy. But before all things, it is proper for them to profess this in writing: that they will agree to and follow the dogmas of the catholic and apostolic Church; that is, that they will communicate with those who have married twice, and with those who have lapsed in persecution, for whom a time has been set and a period determined; so that they follow in all things the dogmas of the catholic Church. Where, therefore, all—whether in villages or in cities—are found ordained, they alone who are found in the clergy shall remain in the same order. But if any come over when there is a bishop or presbyter of the catholic Church, it is clear that ^D the bishop of the Church will have the dignity of the bishop; but he who is named by those who are called...

Cathari, will have the honor of a presbyter: ^A unless indeed it pleases the bishop to share with him the honor of the name. But if this does not please him, he shall devise for him the place of a chorepiscopus or a presbyter, so that he may appear to be in the clergy in some way, lest there be two bishops in the city.

Canon 12 of the Council of Chalcedon. 12. It has come to our knowledge that some, contrary to ecclesiastical regulations, have reached out to secular authorities and through pragmatic sanctions have divided one province into two, so that from this there might be two metropolitans in the same province. The holy synod has therefore decreed that henceforth no bishop shall dare to do such a thing; for he who attempts this falls from his own rank. But whatever cities have already been honored with the name of metropolis by imperial letters, shall enjoy only the honor, as shall the bishop who administers its Church, ^B the rights of the true metropolis being, of course, strictly preserved.

Canon 15 of the Second Council of Nicaea. That a cleric should not be enrolled in two churches. 15. A cleric henceforth shall not be enrolled in two churches. For this is a mark of commerce and base greed, and alien to ecclesiastical custom. For we have heard from the very voice of the Lord that no one can serve two masters: "For he will either hate the one and love the other, or he will hold to the one and despise the other." Everyone, therefore, according to the apostolic voice, should remain in that in which he was called and reside in one church. For things done for the sake of base greed in ecclesiastical affairs are alien to God. But for the needs of this life there are various trades; from these, if anyone wishes, he may procure what is necessary for the body. For the Apostle said, "These hands have ministered to my needs and to those who are with me." ^C And this, indeed, in this God-guarded city; but in the regions outside, because of the scarcity of people, it shall be permitted.

Helenopontus has two metropolitans, as the 28th Novella provides; Paphlagonia many, as the 29th Novella; also Phrygia Capatiana, and Cappadocia Secunda. Nor can anyone be bishop of two cities. The bishop of Tomis is excepted; for he also cares for the rest of the churches of Scythia. And Leontopolis in Isauria is under the bishop of Isauropolis, as in lib. 1 of the Code, tit. 3, const. 1. Nor may anyone be the superior of two monasteries, as in the constitution of the same title. ^D

CAP. XXI. — Of those who perform ordinations in cities or provinces not their own.

Canon 35 of the Apostles. 35. A bishop must not dare to perform ordinations outside his own boundaries, etc.

Council of Antioch, canons 13, 22. ^A 13. No bishop should dare, etc., as on page 475. A bishop into another city, etc., as on page 475. Council of Ephesus, canon 8. 22. Those who have dared to compose another faith, etc., as on page 478.

CAP. XXII. — Of those who obtain churches through the patronage of magistrates.

CAP. XXIII. — Of those who, on account of marriage or concubinage, are not made bishops or clerics.

Council of the Sixth Ecumenical [Council], canons 3, 12.

Concerning priests and clerics.

wishing to repent from it, should be subject to canonical deposition; but those, ^A however, who have been involved in the reproach and shame of such bigamy, but before our decree acknowledged what is beneficial, and cut off the evil from themselves, and drove far away this adulterous and alien union; or even those whose wives from second marriages have already died, or they themselves have turned to conversion, and have learned continence, and have quickly forgotten their former iniquities, whether they happen to be presbyters or deacons, it has been decided that they should cease from all priestly ministry, that is to say, from any function, having been punished for a certain fixed period; but they may participate in the honors of the chair and rank, content with their seniority, and with weeping asking from the Lord that the sin of their ignorance may be forgiven them. For it is inconsistent for one to bless another, when he ought to be attending ^B to his own wounds. But as for those who have been joined to one wife, if she was a widow who was taken, or an abandoned woman, and likewise those who after ordination have committed themselves to one unlawful marriage, that is to say, presbyters, and deacons, and subdeacons, having already been barred from the holy ministry for a short time and punished, they shall be restored again to their own grades, in no way advancing to any greater grade; their unlawful cohabitation having clearly been dissolved. These things we have decreed in a priestly manner only regarding those caught in the aforementioned offenses up to the fifteenth as said of the month of January of the fourth indiction, from this point forward defining and renewing the canon which declares that he who has been ^C entangled in two marriages after baptism, or has acquired a concubine, cannot be a bishop or presbyter or deacon, or, in general, belong to the priestly catalogue. Likewise, he who has taken a widow, or one who has been dismissed, or a harlot, or a servant, or an actress, cannot be a bishop, or presbyter, or deacon, or in general belong to the priestly catalogue.

^D It has reached our knowledge that in Africa and Libya and other places, some of the most God-beloved bishops there do not refuse to cohabit with their own wives even after the ordination which has proceeded to them, placing a stumbling block and scandal to others there. Since, therefore, our zeal is great that everything be done for the benefit of the flocks handed over to our hands and entrusted to us, it has seemed good that nothing of the kind should henceforth happen in any way. We say this not to abolish or overturn what was legislated apostolically before, but for the sake of the salvation and progress toward better things of the peoples, and that the ecclesiastical state may not be afflicted by that reproach. For the divine Apostle says: Do all to the glory of God: be without offense, both to the Jews and to the Greeks and to the Church of God.

even as I also please all men in all things, not seeking mine own profit, but the profit of many, that they may be saved: be ye ^A imitators of me, even as I also am of Christ. If any one be detected doing such things, let him be deposed.

Basilius, Canon 12. The canon excludes digamists altogether from service. Text. Read Title 1 of the Novels, constitution 1, 2, 17, in which it is said that he who is to be created bishop, or presbyter, or deacon, or subdeacon, ought to be a virgin, or to have taken a virgin wife while she was in her virginity.

CAP. XXIV. — Regarding those who obtain ordination or office for money.

Apostolic Canon 29 [28]. If any bishop has obtained this dignity through money, or a presbyter, or a deacon, let both him and the one who ordained him be deposed, and let him be altogether cut off from communion, as Simon Magus was by me, Peter. ^B

Council of Chalcedon, Canon 2. If any bishop performs an ordination for money, and brings down to sale that grace which cannot be sold, and ordains for money a bishop, or a chorepiscopus, or a presbyter, or a deacon, or any other of those who are enumerated in the clergy, or appoints for money an oeconomus, or an ekdikos, or a paramonarius, or altogether anyone who belongs to the canon, for the sake of base gain: he who has attempted this, being convicted, let him be in danger regarding his own rank; and let him who has been ordained receive no benefit from the ordination or the promotion which is sold like merchandise, but let him be foreign to the dignity or the office which he ^C obtained for money. And if anyone should appear as a broker and intermediary for such base and nefarious gains, let him also, if he be a cleric, fall from his own rank; but if he be a layman or a monk, let him be anathematized.

Sixth Ecumenical Council, canons 22, 23. 22. We command that those who are ordained for money, whether bishops or any clerics whatsoever, and not by examination and the choosing of their life, be deposed, and also those who ordained them. 23. That no bishop, or presbyter, or deacon, who imparts the immaculate communion, shall exact from him who communicates, for the sake of such participation, obols or any species whatsoever. For grace is not to be sold, nor ^D do we impart the sanctification of the Spirit for money; but it is to be imparted to the worthy without any craftiness. If any of those who are enumerated in the clergy be seen requiring any species from him to whom he imparts the immaculate communion, let him be deposed, as an emulator of the errors and evil-doing of Simon.

Council of Nicaea II, canons 4, 10, 19. Regarding the fact that bishops must abstain from all bribery. 4. The herald of truth, the divine Apostle Paul, [index: entries preserved]

^A setting down, as it were, a canon for the presbyters of Ephesus, or rather for the entire priestly order, spoke with such boldness: "I have coveted no one's silver or gold or apparel. In all things I have shown you that by so toiling one must help the weak, holding it blessed to give." Therefore, we, too, having been taught by him, decree that it shall in no way occur to a bishop for the sake of base gain—while fabricating excuses for sins—to demand gold or silver or any other form of payment from the bishops, clergy, or monks who are under him. For the Apostle says: "The unrighteous will not inherit the kingdom of God," and children ought not to lay up treasure for their parents, but parents for their children. If, therefore, anyone, because of the exaction of gold or some other form of payment, or because of some personal passion, should be found hindering from ministry or excommunicating any of the ^B clergy under him, or closing a venerable temple so that the divine liturgies of God might not take place within it, projecting his own madness upon things that do not have feeling, he is truly without feeling, and he shall be subject to the law of retaliation, and his toil shall recoil upon his own head, as he is a transgressor of the commandment of God and of the apostolic ordinances. For Peter also, the preeminent summit of the apostles, commands: "Tend the flock of God that is in your charge, exercising oversight, not by constraint, but willingly, according to God; not for base gain, but eagerly; not as domineering over those in your charge, but being examples to the flock. And when the chief Shepherd appears, you will obtain the unfading crown of glory."

That those who insult the clergy because they were constituted in the Church without the giving of gold should be subject to punishment.

5. It is a sin unto death when some who sin remain incorrigible. ^C But what is worse than this is when they even stand with head held high and rise up against piety and truth, preferring Mammon to obedience to God and not enduring His canonical ordinances. In such people, the Lord God does not dwell, unless, having been humbled, they come to their senses from their own fault. For they ought rather to approach God and, with a contrite heart, ask for the remission and forgiveness of this sin, and not boast in an unlawful gift. For "The Lord is near to those who are brokenhearted." Those, therefore, who boast that they were constituted in the Church through the giving of gold, and who place their hope in that wicked practice—which alienates one from God and from all priesthood—and who, for this reason, with an impudent ^D countenance and open mouth, insult with reproachful words those who, on account of a life of virtue, have been chosen and ordained by the Holy Spirit without the giving of gold, and treat them with contempt: we decree, first of all, that those who do this should take the lowest rank of their own order; but if they should persevere, they are to be corrected by the infliction of a penalty. If, however, anyone should be seen to have done this at the time of his ordination, let him be rendered as he wishes

^A in accordance with the apostolic canon which says: If any bishop, presbyter, or deacon has attained this dignity through money, let him be deposed, both he and the one who ordained him, and let them be altogether cut off from communion, as Simon Magus was by me, Peter. Likewise also according to the second canon of the holy Fathers who met at Chalcedon, which says: If any bishop should perform an ordination for money, and bring down to sale grace which cannot be sold, and for money ordain a bishop, or a chorepiscopus, or a presbyter, or a deacon, or any of those who are enumerated in the clergy, or for money should appoint an oeconomus, or an advocate, or a paramonarius, or anyone at all of the canon, for the sake of base gain for himself. He who has attempted this, once convicted, shall jeopardize his own rank, and he who is ordained shall derive no benefit from the ordination or the appointment which was made like a piece of merchandise, but shall be a stranger to the dignity or the responsibility which he happened to get for money. If, however, anyone should also appear as an intermediary or a go-between for such base and illicit gains, this person also, if he be a cleric, shall fall from his own rank; but if he be a layman or a monk, let him be excommunicated.

That appointments of monks and nuns be made without gifts.

19. So great a contagion of execrable avarice has invaded the leaders of the churches, that some even of those who are called pious men and women, forgetting the commandments of the Lord, are led astray, and for money allow the admission of those who approach the priestly order and the monastic life; and the whole of that whose beginning is reprobate becomes also rejected, as the great Basil says. For it is not possible to serve God and mammon. If therefore anyone should be found doing this, if he be a bishop or a hegumen or anyone of the priestly order, let him either cease or be deposed, according to the second canon of the holy synod of Chalcedon. But if it be a hegumen, let him be driven out of the monastery and handed over to another monastery for subjection. Likewise also the hegumen who does not have the ordination of a presbyter; but regarding those things which are given to children by parents by way of dowries, or their own personal property which they bring, with the providers of these things acknowledging them to be consecrated to God, we decree that, whether they remain or leave, they shall remain in the monastery according to his promise; unless the cause of his leaving is the superior, clearly.

From the Epistle of Basil to the chorepiscopi. That one ought not to impose a gift for a price.

The base nature of the matter about which I am writing, from the very fact that it has come into suspicion and talk at all, has filled my soul with sorrow: hitherto indeed it has seemed incredible to me. That which I write, therefore, regarding this matter, let him who is conscious of it himself receive as a remedy; but he who is not conscious of it, as a prophyl-

prophylaxis ^A, or as an indifferent matter, which I pray may be found among you as a testimony. What is it that I am saying? Some say that certain of you receive money from those being ordained, and cloak it under the name of piety. But this is worse. For if anyone does evil under the guise of good, he is worthy of double punishment; because he both performs that which is not good, and uses as an accomplice, so to speak, the good to accomplish sin. ^B If these things are so, let them not happen henceforth, but let them be corrected; since it is necessary to say to him who receives the money, that which was spoken by the apostles to him who wished to give so that he might purchase the participation of the Holy Spirit: "Your money perish with you." For he who wishes to buy out of ignorance is less to blame than he who sells the gift of God; for a sale has taken place. And if you sell what you received freely, as though sold to Satan, you shall be stripped of the grace; for you are introducing hucksterism into spiritual things and into the Church herself, where the body and blood of Christ are entrusted to us. These things ought not to be so. ^C And I will state what the trick is: they think they do not sin because they do not receive beforehand, but receive after the ordination. But to receive is to receive at any time. I entreat you, therefore, to abandon this revenue—or rather, this path that leads to Gehenna—and do not, by contaminating your hands with such gains, render yourselves unworthy of celebrating the holy mysteries. And forgive me; for I speak first as one who does not believe it, and then, as one who is convinced, I threaten: if anyone after this letter of mine shall do such a thing, he shall depart from the altars here, and shall seek elsewhere where he might be able to resell the gift of God after buying it. For we and the Churches of God have no such custom. Having added one more thing, I shall cease: these things happen because of greed; but greed is the root of all evils, and is called idolatry. ^D Do not, therefore, prefer idols to Christ for the sake of a little money; nor, again, imitate Judas, betraying for gain a second time Him who was once crucified for us; for in that case, the fields and the hands of those who receive these fruits will be called Aceldama.

Encyclical letter of Gennadius and the synod with him to the most holy metropolitans, that one ought not to lay on hands for money.

To the most God-beloved and most holy fellow-minister N., Gennadius, and the holy synod gathered in the Christ-loving and royal city of Constantinople, new Rome.

Our Master and God and Savior Jesus, having entrusted to his holy disciples the preaching of the Gospel, and having sent them forth to teach men throughout the whole world, commanded them expressly that the gift which they had received from him, they should also impart freely to men, not acquiring for it either copper or silver or gold, or any other material or earthly wealth whatsoever. For there is no

^A reasoning concerning earthly and temporal things. But this commandment He gave not only to them, but also through them to us, whom He has deigned to substitute into their rank and place. And it is fitting that, just as they did then, we too now should observe and keep it accurately, and not reason about it with sophistical cleverness, nor cast a dangerous die. Freely, He says, you have received, freely give; do not possess brass or silver or gold in your belts 81. Simple and clear is the account of this commandment, which has nothing varied, nothing that is not easy and manifest, nothing that requires a sophistical explanation. From me, He says, you have received the dignity of the priesthood. If you paid anything small or great to me for it, and it was sold by me, you also sell it to others; but if you have received it freely, you also give it freely. What is clearer than this commandment? And what is more useful to those who obey it? Woe to them indeed, who allow themselves to think of acquiring the gift of God, or of giving it for money! For such men, according to the judgment of the holy Peter 82, are held in the gall of bitterness and the bond of iniquity, having been caught by their own greed. Hence the canon of the holy and blessed Fathers of the holy, great, and ecumenical synod gathered at Chalcedon, which accords with this Lordly law, has been clearly proclaimed to us in these very words. "If any bishop shall, for money, etc.," as above, page 515.

The maxims of this canon of the holy Fathers are most beautiful and very pious, ^B repelling and cutting off every satanic incursion and every diabolical attempt that is directed against the spiritual gift. For it does not wish in any way for the promotion of ordination to be made or received by means of money, neither by him who performs it, nor by him who receives the promotion of ordination; but it forbids the giving of money not only before the time of ordination, nor only after the time of ordination, but even during the time of ordination itself. For it declares that in this matter, too, there is base gain, and that it is a corruption of gifts. Yet, since there are some in the Church of the Galatians who—even though these things are so openly prohibited—have been caught neglecting and transgressing these salutary and humane maxims for the sake of base lucre and avarice, it seemed good to us to renew these same precepts together with the holy synod now ^C meeting in this royal new Rome, Constantinople, so that without any excuse whatsoever, and without any sophistry, we might entirely cut off this impious and odious custom, I know not how it crept into the most holy Churches; so that when the announcement of those being ordained is made by the high priests in a pure manner and without any huckstering, the grace of the Holy Spirit may descend from above. For I do not know if, when such people make a promotion through money, and the hand does not act purely, the grace of the Holy Spirit comes upon the one being appointed, ^D according to the voice of the Gospel, and is not rather withdrawn. Know then, O most religious and in every way most holy man, that whoever shall be convicted of this, whether he be a bishop, or a chorepiscopus, or a traveler, or a presbyter, or a dea-

deacon, or any other of the canon or a layman, is condemned by ^A the common decree and common vote of the archbishops, just as the canon of the holy Fathers previously spoken of already declares regarding this. For grace must be grace, and silver must in no way intercede with it. Therefore, let him be—and he is—outcast, and a stranger to every priestly dignity and ministry, and subject to the curse of anathema, whether he be one who thinks to acquire this through money, or one who promises to provide it for money, whether he be a cleric or a layman, and whether he be convicted of doing this or not. For it is impossible for incompatible things ever to be reconciled, ^B nor for mammon to be in harmony with God, or for those who serve the former to serve God. And this is a sovereign and indisputable sentence: You cannot serve God and mammon. Relying upon these things, we, to the best of our ability, and believing in them, together with Him who said these things, have passed sentence against those who sin in these matters. Let your holiness take care, using every diligence, to make these things known by means of transcribed copies, both to the most God-beloved bishops and chorepiscopi who are under you, and to all others, so that in one spirit and one soul all Christians, massed together, may with God’s help be able to cut out the root of avarice—which has been sown in us by the common enemy—together with all the shoots of those evils. We salute all the brotherhood that is with you in Christ. Be strong in the Lord, and pray for us, most holy brother. ^C

Gennadius, bishop of Constantinople, New Rome, have signed. Joannes, bishop of the metropolis of Heraclea, have signed. Anastasius, bishop of the metropolis of Ancyra, have signed. Eunomius, bishop of the metropolis of Nicomedia, have signed. Petrus, bishop of the metropolis of Nicaea, have signed. Pergamius, bishop of the metropolis of Antioch in Pisidia, have signed. Paulus, bishop of the metropolis of Marcianopolis, have signed. Nunechius, bishop of the metropolis of Laodicea, have signed. Petrus, bishop of the metropolis of Gangra, have signed. ^D Carterius, bishop of the metropolis of Claudiopolis, have signed. Agapetus, bishop of the metropolis of Rhodes, have signed. Eleutherius, bishop of the metropolis of Chalcedon, have signed. Stephanus, bishop of the metropolis of Hierapolis in Euphratesia, have signed. Gregorius, bishop of the metropolis of Adrianople, have signed. Lucianus, bishop of the metropolis of Bizya, have signed.

Eunoius, bishop of the metropolis of Mytilene, subscribed. ^A Thalassius, bishop of the metropolis of Parium, subscribed. Maximus, bishop of the metropolis of Laodicea in Syria, subscribed. Gerontius, bishop of the metropolis of Seleucia, subscribed. Eustathius, bishop of Parnassus, subscribed. Netiras, bishop of Gaza, subscribed. Theodosius, bishop of Canatha, subscribed. Anatolius, bishop of Athens, subscribed. Stephanus, bishop of Prusa, subscribed. Cyriacus, bishop of Apollonias, subscribed. Acacius, bishop of Antandrus, subscribed. Plutarchus, bishop of Plataea, subscribed. ^B Cyriacus, bishop of Carphia [in Leunclavius, Attalus], subscribed. Aphobius, bishop of Coronea, subscribed. 77 Macedon, bishop of Magydus, subscribed. Rufinus, bishop of Aegiae, subscribed. Palladius, bishop of Andros, subscribed. Photinus, bishop of Otrus, subscribed. Eutropius, bishop of Aureliopolis, subscribed. Joannes, bishop of Celisina, subscribed. Photinus, bishop of Thermae, subscribed. Hypatius, bishop of Germanorum, subscribed. Sabbatius, bishop, subscribed. Eudoxius, bishop of Rosporus, subscribed. Basilius, bishop of Naucleorum, subscribed. Poemen, bishop of Clysma, subscribed. ^C Apollo, bishop of Pithania, subscribed. Esaias, bishop of the Naucratites, subscribed. Isaac, bishop of Thyneos, subscribed. Helpidius, bishop of Tamiantheos, subscribed. Marion, bishop of Cynon, subscribed. Theotecnus, bishop of Asena, subscribed. [Leuncl. Lunianus.] Atticus, bishop of the Maleni, subscribed. Theotimus, bishop of Acmonia, subscribed. Chariton, bishop of Appia, subscribed. Serenus, bishop of the metropolis of Maximianopolis, subscribed. Maximus, bishop of Zagylis, subscribed. Athanasius, bishop of the Zoiti, subscribed. Plusammon, bishop of the Niciotae, subscribed. ^D Papas, bishop of the Eleitae, subscribed. 78 Theonas, bishop of the Bulitae, subscribed. Apollo, bishop of Antiphorum, subscribed. Agathus, bishop of Periocis, subscribed. Petrus, bishop of Hephaestus, subscribed. Apollonius, bishop of Athribis, subscribed. Petrus, bishop of Thystheus, subscribed. Harpocras, bishop of Taneos, subscribed. Paulus, bishop of Sebennytus, subscribed. Aristoteles, bishop of Echinus, subscribed.

NOTES (20-38) Thus also in the Conc. ed. Ven. Zottat, VII, p. 918, the name of his own diocese is not ascribed to this Sambalius or Sabbatius.

^A Photinus, bishop of Babylon, I have subscribed. Augustinus, bishop of Nova Marciana, I have subscribed. Joannes, bishop of Nicopolis in Armenia, I have subscribed. Julian, bishop of Cos, I have subscribed. Sabbatius, bishop of Anchialus, I have subscribed. Stratocles, bishop of Proconnesus, I have subscribed. Joannes, bishop of Trajanopolis, I have subscribed. Maximus, bishop of Libya, I have subscribed. Theodosius, bishop of Trajanopolis, I have subscribed. Marinus, bishop of Epiphania, I have subscribed. Basilius, bishop of Alexandria, I have subscribed. Joannes, bishop of Germanicia, I have subscribed. Indimus, bishop of Irenopolis, I have subscribed. Timotheus, bishop of Doliche, I have subscribed. Fonteianus, bishop of Sagalassus, I have subscribed. Docimasius, bishop of Maronia, I have subscribed. Jovinus, bishop of Debeltus, I have subscribed.

To the most holy and most blessed brother and fellow-minister, lord Adrian, Pope of elder Rome, Tarasius, the unworthy bishop of Constantinople, new Rome, greeting in the Lord.

Multiplex and in many ways, evangelically, apostolically, and paternally, we are taught to keep a way of life without greed in the ministry of the priesthood, and neither to desire gold or silver, nor to usurp anything in the ordination of any sacred person, as we shall demonstrate in the following testimonies, taken from divine scriptural assertions and from paternal teachings. For those who lay on hands are ministers of the Spirit, not sellers of the Spirit; for having received the grace of the Spirit freely, they were commanded ^B to give it freely to those who receive it from them, having obtained this freedom from the word of the Lord. But if anyone should be convicted of having purchased it with money, such persons declare him to be cast out from the priestly order; and even if he has obtained the priesthood in name, yet the word is belied by the deed. For no one can serve God and mammon, as we have learned evangelically. And because we have heard prophetically God crying out: "Priests, speak to the heart of Jerusalem;" ^C and again warning and saying, "If the watchman sees the sword coming and does not sound the trumpet, and the people do not keep watch, and the sword coming takes a soul from among them, I will require his blood at the hand of the watchman;" ^D out of fear of condemnation for silence, we announce to all the presiding bishops of the Churches that are among us, so that with confidence, according to the divine Apostle, we may say: "We are clean from the blood of those who transgress the canonical dispositions, and"

^A especially those who have ordained, or been ordained, for money, as the divine Apostle Peter, whose chair your fraternal holiness has obtained, deposed Simon the Magus. On account of this, we do not shrink from announcing the truth, guarding and holding fast to those things which have been canonically promulgated by the holy and all-praised Apostles and by our illustrious Fathers. And if any of these things are transgressed by any, we abominate them. Your fraternal and archiepiscopally-adorned holiness, therefore, governing the hierarchical order lawfully and according to the will of God, possesses a most renowned glory. For the first and great high priest, Christ our God, has spoken through the prophet, and speaks even now: "As I live, those who glorify me I will glorify." 88 You know, man of desires of the Spirit, that the impious heresy of Macedonius and those around him who fight against the Spirit is more tolerable: for while they rave that the Holy Spirit is a creature and a slave of God and the Father, these men make Him, as they suppose, their own slave. For every master, if he wishes, sells what he possesses, whether a servant or some other thing he owns; similarly, the one who buys, wishing to be the master of that which he has bought, acquires it through the price of money. Thus, those who perform this unlawful action bring down the Holy Spirit, sinning equally with those who blasphemed, saying that Christ casts out demons by Beelzebub. ^B Or, to speak more truly, they are likened to the traitor Judas, who sold Christ for a price of silver to the God-slaying Jews. Since, therefore, the Holy Spirit is consubstantial with Christ our God, they will be entirely of the same portion as Him, as has been shown. But if He is not sold—for it is manifest that in no way is the grace of the Holy Spirit, that is, the holiness of the priesthood, in them; and what they have not received, they do not have—let them be mindful of the holy Peter, saying to him who sought this: "You have neither part nor lot in this matter." 90 For if the dignity of the priesthood is sold, then the conduct of a life that is approved, and the manner of life in chastity and other virtues among them, is superfluous. According to them, the divine Apostle Paul is also superfluous, saying that it behooves a bishop to be "blameless, prudent, orderly, a teacher, temperate, sober, holding fast the faithful word which is in accordance with the teaching, that he may be able to exhort in sound doctrine and to convict those who contradict." 91 ^C All these things, therefore, vanish concerning the seller and the buyer of the [priestly] benefit. Furthermore, the subject testimonies of the saints pronounce him entirely alien to the priesthood who has given or received at any time, whether namely before the imposition of hands, or in the imposition of hands, or after the imposition of hands. For to receive is to receive at any time whatever. But they also cancel all ecclesiastical promotions by the giving of money. ^D

Canon of the holy apostles, 29.

From the Acts of the holy apostles.

From the third book of Kings.

From the fourth book of Kings.

From the commentary of Saint Basil on Isaiah.

but is a teacher of truth. And they indeed prophesy for money; for this is what is ridiculous, that those who are deceived pay them money as a reward for a lie. But this word of the Lawgiver is of such a kind that it is not such that one should give gifts in relation to it; for no one sells the grace of God. *Freely ye received*, he says, *freely give*. Do you see how Peter was indignant at Simon, who offered money for the sake of acquiring the gift of the Spirit? *For your silver*, he says, *be with you for perdition, because you thought that the gift of God could be acquired with money*. Therefore the word of the Gospel is not like the words sold by ventriloquists. For what could any one return as a reward worthy of the words of the Gospel? Listen to David hanging in suspense and saying: *What shall I repay to the Lord for all that He has repaid me?* It is not, therefore, permitted to give rewards for it, which could be set against the grace that comes from Him. One gift is worthy: the keeping of that which has been given. He who granted you this treasure does not require a price for what has been given, but a keeping worthy of the thing given.

From the same, from the epistle to his chorepiscopi, that one should not impose hands for a price.

They think that they do not sin because they do not receive beforehand, but receive after the ordination. But to receive is to receive whenever it may be. I ask you, therefore, to abandon that revenue, or rather that path leading to Gehenna, and by not contaminating your hands with gifts of such a kind, do not render yourselves unworthy to celebrate the holy mysteries. See also page 522. ^B

From the Life of Saint John Chrysostom.

Eusebius, the accuser of the six remaining bishops, came to us bishops, for the sake of a long speech, asking that he be admitted to communion. Some of the bishops contradict, saying that, since he was a slanderer, he ought not to be admitted. After these things, he supplicated, saying: "Since this case has been examined for the most part for two years, and there has been a delay until the arrival of witnesses, I beseech your piety to allow me today immediately to produce the witnesses. For even if Antoninus is dead, who received the gold and performed the ordination, nevertheless those who gave it remain, as well as those who were ordained." It seemed just to the present synod that the matter should be investigated. The case begins with the reading of the acts which had been performed previously. The witnesses entered, and the six who had given money and had been ordained also entered. At first, indeed, they were denying it. But as the witnesses pressed them—partly laymen, partly presbyters, in whom they seemed to trust, and also certain women—who were even stating the types of pledges or gifts, and the places, and the times, and the quantity, and since their conscience was not well-disposed, they confessed of their own accord, with a light necessity applied: "We gave, it is confessed, and we were ordained; having thought such to be the custom, that we might seem to be liberated from the curia. And now we pray, if it be lawful, that we may be in the ministry of the Church, since even the gold that we have given in order that…

we might receive it; for some of us have given the household goods of our wives. To this, John promised the synod that, regarding the curia, I, with God’s help, shall liberate them, having besought the emperor; but do you command that they receive back what they have given from the heirs of Antoninus. The synod commanded that they receive the gold from the heirs of Antoninus and that they communicate within the altar; however, let those six from the priesthood no longer be priests, lest, if these things were granted, a Jewish or Egyptian custom of selling and buying the priesthood should arise. For they say that the pestilent and falsely-named patriarch of the Jews changes the heads of the synagogues every year, or every other year, for the gathering of money. Likewise also the zealot of these, the patriarch of the Egyptians, so that that which was spoken by the prophet might be fulfilled: His priests give answers for rewards, and his prophets divine for money. ^A

From the canons of the six hundred holy Fathers who gathered at Chalcedon, canon 2.

2. If any bishop should perform an ordination for money, etc.

From the encyclical letter of Gennadius of Constantinople.

It is therefore excommunicated, etc., up to Mammon, as on page 526. ^B

From the canons of the holy sixth synod, canon 22.

22. Those who are ordained for money, etc., as on page 515.

Let us hearken to all these things and give ear to them, not only the archpriests and priests, and those counted in the number of the clergy, but also all who inhabit the world. For we must pay more heed to what has been heard, lest at any time we drift away; for we were not bought with corruptible silver or gold from our vain manner of life handed down by tradition, but with the precious blood of the innocent and immaculate Lamb, Jesus Christ. ^C Teach us thus, O most holy man, to follow the scriptural, evangelical, and apostolic canons, and the patristic commandments. For we are persuaded by the words of your mouth. Get thee up upon the high mountains; lift up thy voice with strength; walk in the expanse; proclaim with boldness; so that it may be removed and brought to destruction: the laying on of hands through money shall depart, and whatever injustice and trade, greedily followed through love of money, accompanies it; for this being removed, along with those who are aligned with it, from the surplus people—those called by the name of Christ, and who have received redemption as a gift—all the pollutions following upon such wickedness will be cut out by the root. And the priests shall flourish as the palm tree, breathing the good fragrance of Christ upon the saved, and singing victoriously to the Church: The Lord has taken away from thee thine iniquities. ^D Furthermore, they will also make those who reap them sweet, multiplying them in a fat old age, showing them to be (I speak of the blessed and immaculate life) inheritors of life. 3 Mich. III, 11.

Book 1, Title 1, Edict 30, 41; and Title 1 of the Novellae, edicts 1, 2, 11, in which it is also stated regarding the mandatory declarations ^A which are given by bishops and clergy, and that in Byzantium only the clergy of the Great Church, and not the clergy of the other churches, give these to their fellow clergy. And those who do give them, shall not give more than one year's daily allowance. Neither may anyone, by means of such a gift, obtain any care or ecclesiastical administration, nor be placed in charge of poorhouses, hostels, or any sacred house whatsoever. And as for all things given or promised on this account, the Church or the sacred house shall claim them. Bishops, however, shall have the faculty, both before and after their ordination, to offer anything to their churches.

CAP. XXV. — That ordinations are not to be repeated. ^B

Apostolic Canon 68. 68. If any bishop, or presbyter, or deacon receives a second ordination from someone, let him be deposed, both he himself and the one who ordained him, unless it should be established that he has his ordination from heretics. For it is not possible that those who have been baptized or ordained by such persons should be either faithful or members of the clergy.

Council of Carthage (22) Canon 48. Regarding rebaptisms, reordinations, or the transfers of bishops. 48. We bring forward that which was commanded to us, which also seems to have been decreed in the plenary synod at Capua, that it is not permitted for rebaptisms, reordinations, ^C or transfers of bishops to take place. For Cresconius, bishop of the village of Rhegia, having abandoned his own people, invaded the Church of Tubia; and although frequently warned, even to this day, to leave the same people he had invaded, in accordance with what had been decreed, he has refused. Regarding this person, we have heard those things confirmed which were previously pronounced; but we ask, in accordance with what was commanded to us, that you deign to give us the assurance so that, necessity itself now compelling us, it may be free for us to approach the governor of the province, in accordance with the statutes of the most glorious princes, against him; so that he who was unwilling to acquiesce to the mild admonition of your holiness ^D and to correct what is illicit, may be immediately excluded by judicial authority.

Aurelius the bishop said: Provided the form of discipline is preserved, it shall not be reckoned as seeking power if, after being modestly summoned by your charity, one has refused to withdraw, since it was by his own contempt and contumacy that he came under judicial authority.

Honoratus and Urbanus the bishops said: Does this therefore please everyone? It was said by all the bishops: It pleases, and it is just.

CAP. XXVI. — That a bishop or cleric may not transfer from one city to another.

^ASynodi Nicanae canones 15, 16.

15. On account of the great disturbance and the seditions which occur, it has been judged entirely appropriate that the custom, which is found in some parts contrary to the canon, should be abolished: so that neither bishop, nor presbyter, nor deacon shall pass from one city to another. If anyone, however, after the definition of the holy and great synod, should attempt any such thing, or lend himself to such a matter, the act will be entirely invalidated, and he shall be restored to the Church for which he was ordained bishop or presbyter.

16. Those who, acting recklessly, having neither the fear of God before their eyes nor [knowledge of] the ecclesiastical canon, desert their [own] churches—being presbyters or deacons, or any others whatsoever who are enumerated in the canon—these ought in no way to be received in another church; but they must by all means be compelled to return to their own parishes: or if they persevere, it is fitting that they be separated from communion. But if any man should even dare to snatch away one who belongs to another ^B and ordain him in his own church, without the consent of the proper bishop from whom he who is registered in the canon has departed, the ordination shall be void.

Concilii Antiocheni canon 21.

A bishop shall not move from one parish to another, neither thrusting himself forward of his own accord, nor driven by force by the people, nor compelled by the bishops; but he shall remain in the church which he was originally allotted by God, and shall not depart from it, according to the decree formerly issued regarding this matter.

Concilii Chalcedonensis canones 5, 10, 20.

5. Concerning those bishops or clerics who pass from city to city, it has been decided that the canons issued by the holy Fathers in regard to them shall maintain their own force.

10. It is not lawful for a cleric to be enrolled in the churches of two cities at the same time, both in that in which he was originally ordained, and in that to which he has fled, as if to a greater one, out of a desire for empty glory. Those who do this are to be restored to their own church in which they were originally ordained, and there alone are they to serve. If, however, anyone has already been transferred from one church to another, he is to have no share in the affairs of the former church, nor in the martyr-chapels, ^C poor-houses, or hospices under it. As for those who dare, after the definition of this great and universal synod, to do anything of what is now forbidden, the holy synod has decreed that they shall fall from their own rank.

20. Clerics serving in a church, as we have already decreed, are not permitted to be appointed to the church of another city, but are to be content with that in which they ^D were [originally allowed] to serve.

aside from those who, having lost their own country, have migrated of necessity to another church. If any bishop after this decree should receive a cleric belonging to another bishop, it has been decided that both the one who is received and the one who received him shall remain excommunicate until the cleric who migrated returns to his own church.

Canons 1, 2, and 15 of the Council of Sardica

The holy synod gathered at Sardica from various provinces has decreed the following:

1. ^A Osius, bishop of the city of Córdoba, said: “It is not so much a corrupt custom as it is a most pernicious decay of affairs that must be eradicated from its very foundations, that no bishop be permitted to migrate from a small city to another city. For the pretext for this cause is manifest, for the sake of which such things are attempted. For no bishop has yet been found who has sought to migrate from a larger city to one of lesser importance. Hence it is clear that they are inflamed by an ardent desire to possess more, and that they serve their own arrogance in order to appear to hold greater power. If, therefore, it pleases all that such wickedness should be more severely punished, I am of the opinion that such men ought not to have even the communion of the laity.”

All the bishops said: “This pleases all.”

2. ^B Osius the bishop said: “If any such man should be found so insane or bold as to believe that he can bring forward some excuse regarding such matters, asserting that letters were brought to him by the populace; it is clear that a few individuals, corrupted by rewards and money, could have stirred up sedition in the Church, so as to demand to have the same man as bishop. Therefore, I believe that such frauds and arts must be entirely punished; so that no one who is of such a kind may be deemed worthy, not even at the end, of lay communion. If, therefore, this opinion pleases you, answer.”

They replied: “What has been said pleases us.”

15. Osius the bishop said: “Let us all decree this also, that if any bishop from another parish wishes to ordain a minister who belongs to another, without the consent of his own bishop, such a constitution shall be considered void and invalid; and if any should permit this to themselves, they ought to be admonished and corrected by our brothers and fellow bishops.” ^C

All said: “Let this decree also stand firm and immovable.”

Canons 54 and 90 of the Council of Carthage

That a foreign cleric should by no means be received by other bishops.

^A 54. Epigonius the bishop said: “In many councils this has been decreed, and yet now it must be confirmed by your prudence, most blessed brothers, that no bishop should claim for himself a cleric belonging to another against the judgment of his own proper bishop. I am bringing to your attention Julian, who has shown himself ungrateful for the many kindnesses of God heaped upon him through my insignificance, and who has acted so rashly and boldly that, regarding the one who had been baptized by me from infancy, who had been entrusted to me by the same (Julian) when he was a most destitute boy, and who for many years had been fed and raised by me—everyone knows he was baptized in my church by the hand of my insignificance, and it is evident that he became a reader in the parish of the Mappalienses, and had read there for nearly two years—I do not know with what contempt for my insignificance this same Julian snatched him away, whom he calls, as it were, a citizen of his own place, Vazaritani, stealing him without my counsel, for he even ordained him a deacon. If this is permitted, let this license be made manifest to you, most blessed brothers; but if not, let such impudence be restrained, so that he does not mingle himself with the communion of anyone whom he has unlawfully snatched.”

Numidius the bishop said: “If Julian is found to have done this without thy dignity having been asked or consulted, we all judge it to have been done unjustly and unworthily. Therefore, unless that same Julian corrects his error and with satisfaction restores that cleric whom he dared to ordain to thy people, acting contrary to the statutes of the council, let him, for his contumacy ^B and having separated himself from us, receive judgment.”

Epigonius the bishop said: “The Father in age, and most ancient in that very promotion, a praiseworthy man, our brother and colleague Victor, wishes this petition to be made general for all.”

90. Likewise, it pleased that whoever in a church—even if only once—has read, shall not be held for the clergy by another church.” And they subscribed. Aurelius, bishop of the Church of Carthage: “I have consented to this present decree, and having read it, I have subscribed. Similarly, the other bishops also subscribed.”

Of the Sixth Ecumenical Council, canons 17, 18, 20.

17. Since clerics of various churches, having abandoned their own churches in which they were ordained, have run off to other bishops, and without the judgment of their own bishop have been enrolled in alien churches, and from this it happened that they became insubordinate: we ordain that henceforth—that is, from the month of January of the past fourth indiction—no cleric of any rank ^D shall have the power, without the written dismissory letters of his own bishop, to be enrolled in the register of another church. Whoever from this present time does not observe this, but, as far as in him lies, has brought disgrace upon the one who laid hands upon him, shall be deposed.

^A

18. As for those clerics who have migrated ^B by reason of a barbarian incursion or through some other form of necessity, whenever that circumstance or the barbarian incursions on account of which they departed shall have ceased, we order them to return to their own churches and not to abandon them for long without just cause. If anyone does not comply with the present canon, let him be excommunicated until he returns to his own church. The same shall also apply to the bishop who detains him.

20. Let it not be permitted for a bishop to teach publicly in a city ^C that does not pertain to him. If anyone be caught doing this, let him cease from the episcopacy, but let him perform the functions of a presbyter.

The 9th and 10th constitutions of the 1st title of the Novels state how clerics of other churches [of Constantinople] are transferred to the Great Church of Constantinople.

CAP. XXVII. — Concerning one who is guilty of sin, but was nevertheless ordained.

Canons 9 and 10 of the Council of Nicaea.

9. If any presbyters have been promoted without examination, or if, upon examination, they have confessed their sins, and if, after their confession, men have proceeded contrary to the canon and laid hands upon them, the canon does not admit them; for the Catholic Church defends that which is blameless.

10. Those of the lapsed who have been promoted, either through ignorance or because those who promoted them were aware of it, this does not prejudice the ecclesiastical canon. For once they are known, they are deposed.

Canon of the Council of Neocaesarea.

If a presbyter has sinned in body before ordination and has confessed that he sinned before his ordination, let him not offer, but let him remain in his other duties because of his other zeal for a good life. For, according to many, other sins are washed away by the imposition of hands. But if he himself does not confess, and yet cannot be openly convicted, let the power [of judgment] be left to his own conscience.

Canon 27 of Basil.

27. Regarding the presbyter who through ignorance has become involved in an unlawful marriage, I have decreed what is required: that he should retain his seat, but abstain from other functions. For such a man receives sufficient benefit through the pardon; but for one who ought to be treating his own wounds to bless another is by no means consistent. For a blessing is a communication of sanctification. And how shall one who does not possess this because of a fall through ignorance impart it to others? Therefore, let him neither bless publicly nor privately, nor distribute the body of Christ to others, nor perform any other sacred duty; but, contented with his seat, let him entreat the Lord with tears to forgive him his sin of ignorance. ^D

^A

From the memorandum of Theophilus, ^A canons 4, 5, 8.

4. Concerning Panuph, who was ordained deacon in Lycus, one must inquire; and if it be found that, while he was still a catechumen, he had taken the daughter of his own brother into the bond of marriage, and after baptism was brought into the clergy, let him remain in the clergy if she has departed this life, and if after baptism he did not have relations with her. But if, while he was a believer, he took the same daughter of his brother into the bond of marriage, let him be alien to the clergy. For it carries no prejudice against the bishop Apollo if he ordained him through ignorance.

5. Concerning Jacob, one must inquire: if he were a reader and was shown to be subject to the accusation of fornication, and was expelled by the presbyters, yet was subsequently ordained, let him be expelled, ^B after an accurate examination has taken place; and not merely on account of suspicion that has arisen against him from whisperings or slander. But if he is not found to be culpable, let him remain in the clergy; for one must not pay attention to empty calumnies.

8. Since Hierax was accused by this one as if for fornication, and he ought not to be in the clergy, but Bishop Apollo contended that no accuser had come forward against him at that time, let this man also be examined. And if an accuser worthy of belief arises, and the crime is proven by credible witnesses being brought forward, let him be expelled from the Church; but if he is worthy of the clergy, and testimony is borne to his continence, let him remain in it.

CHAPTER XXVIII. On the age of males and females to be ordained.

Canon 11 of the Council of Neocaesarea.

11. Let a presbyter not be ordained before thirty years of age, even if the man be very worthy, but let him be reserved. For the Lord Jesus Christ was baptized in his thirtieth year and began to teach.

Canon 15 of the Council of Chalcedon. ^C

15. Let a woman not be ordained deaconess under forty years of age, and that after accurate examination. But if, having received the laying on of hands and having remained for some time in the ministry, she gives herself to marriage, doing injury to the grace of God, let such a one be anathematized with the man who has joined himself to her.

Canon 16 of the Council of Carthage. ^D

That no bishop or presbyter or deacon should serve as a bailiff, and that readers should take wives, and that the clergy should abstain from usury; and at what time they or the virgins should be consecrated; and concerning not greeting the people [before the blessing].

16. Likewise, it pleased that bishops, presbyters, and deacons should not be bailiffs or procurators.

^A Likewise, that they should not seek their livelihood by any base or dishonest business, for they ought to look to what is written: "No one serving as a soldier to God entangles himself in worldly affairs" [II Tim. II, 4]. It pleased that readers, when they reach the age of puberty, should be compelled to either marry or profess continence. Likewise, it pleased that if a cleric should lend money, he may receive [only] the money; and if he lends goods, he may receive back only as much as he gave; and that deacons should not be ordained before the age of twenty-five ^B, nor virgins consecrated, and that readers should not greet the people [before the blessing].

Canons 14 and 15 of the Sixth Ecumenical Council. The canon of our holy and God-bearing Fathers shall hold force in this matter as well, so that a presbyter is not ordained before thirty years of age, even if he is a most worthy man, but let him be held back. For the Lord Jesus Christ was baptized in his thirtieth year and began to teach. Similarly, let no deacon be ordained before the age of twenty-five, nor a deaconess before the age of forty. ^C

15. Let a subdeacon not be ordained under the age of twenty-five. If anyone in any priestly station is ordained contrary to the defined times, let him be deposed.

The 9th Constitution of Title 1, Book 1 of the Code does not permit a woman to become a deaconess if she has not passed her sixtieth year; however, the 1st Constitution of Title 1 of the Novels states that it is enough if she is fifty years old. And if, for some necessary reason, she was ordained at a younger age than this, it requires her to be placed in a monastery in which there is no mingling with men, nor a free manner of living. But a Constitution of the same title does not permit a woman to become a deaconess of a church who is under forty years of age. The same Constitution says that one to be ordained a presbyter must not be less than thirty years old, a deacon twenty-five, a reader eighteen, and a bishop [finally] thirty-five. But a Constitution of the same title requires that a bishop must have exceeded his thirtieth year.

CAP. XXIX. — Concerning the creation of chorepiscopi, and when and how they may offer or distribute sacred things, and which of them it is permitted to ordain, or not.

Canon 13 of the Council of Ancyra. 13. It is not permitted for chorepiscopi to ordain presbyters or ^D deacons; nor indeed may the presbyters of a city do so, unless permission has been given by the bishop, by means of letters, in another diocese.

Canon 13 of the Council of Neocaesarea. 13. Local presbyters cannot offer in the dominicum [church] of the city when a bishop or the presbyters of the city are present, nor may they give the bread of the prayer or the cup. But if they are absent, and he alone has been called to the prayer, he gives them.

^A

Council of Antioch, canon 10.

From the letter of Basil to the chorepiscopi, that ministers should not be made against the canons.

CAP. XXX. — That in every city, even if it be large, there should not be more than seven deacons.

Council of Neocaesarea, canons 14, 15.

Council of the Sixth Ecumenical [Council], canon 16.

and what ordination did they receive? We must acknowledge this. Was it that of deacons? Yet this does not exist in the churches; rather, it is the administration of the presbyters. And yet, there was not yet any bishop, but only the apostles; hence, it is clear that the name of deacons or presbyters was not manifest. Therefore, concerning these matters, we also declare that the aforementioned seven deacons are not to be taken as those who serve at the mysteries, according to the doctrine previously set forth, but rather that they are those who were entrusted with the administration of the common needs of those who were then gathered, who have become for us, even in this, a model of humanity and zeal for those who are in need.

The text of the Constitution of the Novellae, title 1, says that the number of those ministering in each church is determined by the quantity of revenue and the established custom. The 9th [law] of the same title ordains that in the Great Church of Constantinople there be sixty presbyters, one hundred deacons, forty deaconesses, ninety subdeacons, one hundred and ten readers, twenty-five cantors, and one hundred doorkeepers. The 10th constitution of the same title wills that in other churches the statute defined from the beginning be observed. Furthermore, by the regulation of the master Heraclius, there were established in the same Great Church eighty presbyters, one hundred and fifty deacons, forty deaconesses, seventy subdeacons, one hundred and sixty readers, twenty-five cantors, and seventy doorkeepers. The 1st Constitution of title 1 of the Novellae says that the number...

CAP. XXXI. — Who are the clergy, or who belong to the ecclesiastical order?

CAP. XXXII. — That he should not be ordained whose wife has been an adulteress. What, however, if a cleric's wife commits adultery?

without having dismissed her; but not one who has merely suspected it. Today, however, even after condemnation, a husband may receive his adulterous wife back from the monastery, according to the observance of Novella 134, concerning repudiations.

CAP. XXXIII. — That clerics not be ordained without a charge (absolutely), but altogether assigned either to a church or to a monastery.

CAP. XXXIV. — Concerning periodeutai (visiting presbyters) and village churches.

CAP. XXXV. — That the clerics of poorhouses, monasteries, and martyria should be under the bishop of the city.

CAP. XXXVI. — Concerning slaves who are received into the clergy.

and Onesimus have appeared, and the masters shall grant permission and set them free, and send them forth from their house, let it be done.

The 36th disposition of the 3rd title of the 1st book of the Code says that a slave is not even with the consent of the master enrolled as a cleric, unless he is first manumitted. The 2nd disposition of the 1st title of the Novels says that if, with the knowledge and without the contradiction of the master, he is enrolled, he is set free and becomes freeborn. But if [the master] was ignorant of it, and within a year shows his status, he may receive him. But the one set free, if he becomes a layman, is delivered into servitude to his master. The same disposition says that the episcopate frees one from servile and enrolled status, and from paternal authority. This is indeed what Novel 81 treats, which describes by what dignities of the council one is freed from the bond and from paternal authority; for the novel does not mention bishops.

Cap. XXXVI — Concerning deaconesses, and that a woman does not obtain the dignity of a presbyter.

Canon 19 of the Council of Nicaea. 19. Concerning those of Paul of Samosata, who then fled to the Catholic Church, it is decreed that they shall be fully rebaptized. But if any in past time were examined in the clergy, if they appear blameless and irreproachable, let them be rebaptized and ordained by the bishop of the Catholic Church. But if the examination finds them unfit, it is fitting that they be deposed. Likewise also concerning deaconesses, and generally concerning all who are examined in the clergy, the same rule shall be kept. But we have remembered those deaconesses who are examined as to their habit, since they do not have any imposition of hands; so that they are in every respect to be examined among the laity.

Canon 11 of the Council of Laodicea. 11. Concerning that it is not permitted that those called presbytides, or those presiding, be appointed in the church.

Canon 15 of the Council of Chalcedon. 15. That a woman shall not be ordained a deaconess, etc.

Canon 14 of the Sixth Ecumenical Council. 14. That which [was decreed by] our holy and God-bearing Fathers, etc.

CAP. XXXVIII — How far sins are dissolved through ordination.

Canon 9 of the Council of Neocaesarea. 9. A presbyter, if he has sinned before with his body, etc.

TITLE II. DE EXSTRUCTIONE ECCLESIARUM, ET DE SACRIS VASIS ATQUE DONARIIS, ET DE CLERICIS PRAETER SENTENTIAM EPISCOPI ALTARIA ERIGENTIBUS.

Chapter 1. On the consecration of churches and martyr-shrines that lack the relics of saints.

Concilii Carthaginensis canon 6, 83. That chrism should not be made by presbyters.

6. Bishop Fortunatus said: We remember that it was decreed in past councils that chrism or the reconciliation of penitents, and also the consecration of virgins, should not be done by presbyters: but if anyone emerges doing this, what should be decreed concerning him? Bishop Aurelius said: Your dignity has heard the suggestion of our brother and co-bishop Fortunatus; what do you say to these things? It was said by all the bishops: The making of chrism and the consecration of virgins should not be done by presbyters: or that it is not permitted for a presbyter to reconcile anyone in public mass, this pleases everyone. ^B

83. Likewise, that altars which are established here and there through fields and along roads as memorials of martyrs, in which no body or relics of martyrs are proven to be buried, should be overturned by the bishops who preside over those same places, if it can be done. But if this is not permitted because of popular tumults, the people should nevertheless be admonished not to frequent those places, so that those who think rightly may not be held bound by any superstition there. And absolutely no memorial of martyrs should be acceptably received, unless where a body or some relics are, or the origin of some habitation or passion is handed down by a most faithful origin. For those altars which are established anywhere through dreams and empty revelations of any men whatsoever, should be disapproved in every way. ^C

Concilii Nicæni II canones 7 et 17. Temples were dedicated without the deposition of sacred relics, a deposition must be made.

7. The divine apostle Paul says: The sins of some men are manifest, but of others

^A consequuntur. Since sins, therefore, anticipate, other sins also follow upon them; and so, upon the impious heresy of those who accuse Christians, other impieties followed. For just as they removed the sight of the venerable icons from the church, they also abandoned other customs, which ought to be renewed and observed in accordance with the written and unwritten Law. Therefore, we decree that in all those venerable temples which have been consecrated without the holy relics of martyrs, there shall be a deposition of relics with the customary prayers. Moreover, if a bishop henceforth consecrates a temple without holy relics, let him be deposed, as one who has transgressed the ecclesiastical traditions.

Ne quis cum non habeat quæ ad perfectionem pertinent oratoria ^B ædificare aggrediatur. 17. Because certain of the monks, leaving their own monasteries because they desire to command and refuse to obey, set about building houses of prayer without possessing the things necessary for their completion; if any one, therefore, should attempt to do this, let him be restrained by the bishop of the place. But if he possesses the things necessary for their completion, let the things he has planned be brought to an end. The same shall be observed also in the case of laymen and clerics.

Textus

^A dictum est; the metropolitan, or the archbishop of that district, and any of the citizens who wishes, may move the case. But if, after his own death, the heirs have been ordered to give or to do something, the aforementioned time is counted after their death, and the magistrates compel these things to be fulfilled.

The 3rd constitution of the 1st title of the *Novellae* says that if a person who has been ordered by the bishop or the steward to perform or give something, and, having been requested by official persons and twice pressed, still delays, he loses all profit; and the bishop shall expend the entire substance, together with the intermediate gains, on what has been decreed, without any Falcidian portion being kept back. The same applies even if something is bequeathed only once.

The 3rd constitution of the 2nd title of the *Novellae* says that within six months after the opening of the will, if there is delay, fruits, interest, and gains are to be demanded starting from the death of the testator.

The 3rd constitution of the 2nd title of the same *Novellae* suggests that the church must be finished within five years, but other venerable houses within a year. But if the heirs do not perform this within the year, they must be forced to buy or rent a house where the ordered things can be fulfilled. And as to the administration, it decrees the same as the preceding one.

^C Book 50 of the Digest, fragments 1 and 2, says that sacred things pertain to divine law and are owned by no one. A sacred thing is that which has been publicly consecrated. For those things which belong to private individuals are not sacred but profane. If, however, the building falls down, the place remains sacred, as in Digest 6. They are consecrated both in cities and in the fields. A public place does not become sacred without the command of the emperor, as in Digest 8 and 9. A sacred thing does not admit of valuation, as in Digest 10. And the Institutes, Book 2, Title 1, says that sacred things are those which have been properly consecrated to God by the pontiffs, such as temples and vessels. And even if the temple collapses, the place remains sacred. Furthermore, that which someone has, by his own authority, constituted as sacred is not sacred. Title 9 states that no one may acquire sacred things through the right of possession. No one may validly stipulate for sacred things, as in Institutes 3, Title 19, and Title 23. Also, that no one who knows it to be such buys a sacred thing; but if, having been deceived, he bought it as private property, he may take action concerning his interest. Institutes 4, Title 15, states that we are forbidden to build in a sacred place. Book 1, Title 16 of the Digest states: Magistrates inspect sacred buildings and see to it that they are adorned. Book 11, Title 14, Digest 60: One does not correctly bargain not to dedicate his own place. Book 6, Title 1: We cannot claim sacred places as our own by an action *in rem*. Book 7, Title 1, Digest 14: If a sacred place intervenes, transit through it to a private place is impeded. For no easement can consist through such a place. Book 11, Title 7, and Book 16, Digest 36: Sacred places captured by enemies cease to be sacred, ^D just as a free man who has been enslaved. But once freed from this calamity, they recover their former status. And Book 17, Title 2, Book 16, Digest 53: That if a common thing be consecrated, the association regarding it is dissolved. Book 18, Title 1, Book 16, fragments 5 and 6.

The purchase of a sacred thing stands valid if the buyer is ignorant that it is sacred, and he has a claim against the seller for the value of his interest, so that [the thing] might not be vindicated. But if the buyer knows, the sale does not stand. Book 7, Title 3, of the same: If a sacred place has fallen [into ruins], it does not become profane; whence it is not sold. Book 20, Title 1, Digest 16, 5: I may rightly promise/give a place to my wife, that she may make a sacred building on it, and the place becomes sacred.

Book 21, Title 10, Digest 12: The curator of a madman cannot consecrate his property. Book 30, Digest 39: He who bequeaths a sacred thing is reputed to be mad; and neither is the price paid, since it is not sold at all. Book 39, Title 1, Digest 1: The notice regarding new work has place, so that no work may be done in a sacred place contrary to the laws. Title 3, Digest 17: A servitude does not consist when a sacred place intervenes. Book 41, Title 2, Digest 31: We cease to possess a place once it has been made sacred, even if we hold it not as such, but as private property. Title 3, Digest 9: We do not acquire sacred things through long-term possession. Book 43, Title 1 and 2: Nothing ought to be done in a sacred place, and what has been done is restored. Title 6 of the same book, Digest: It is not permitted to do anything in a sacred place or to introduce into it anything that brings to it deformity and not ornament. But this does not pertain to private sacred [things]. The management of sacred places is committed to those who preside over them. Title 8, Digest 2: It is not permitted to build in a sacred place; but even what has been built is pulled down. Book 44, Title 6, Digest 3: It is not permitted to dedicate to God a thing in litigation: and he who has done this pays double to his adversary, because it was handed over to a more powerful adversary ^A.

Book 45, Title 1, Digest 38: You rightly promise me that you will build a sacred edifice. And the lease relating to such a matter is valid. Digest 83: We cannot stipulate for a sacred thing, even if it is able to become profane. For even if I should promise a profane place, and it happens without my fraud that it is consecrated, I am freed; and if it happens by some law that the place becomes profane, I am not bound. Nor can I stipulate for a sacred thing under a condition, when it has begun to be profane. For we are able to stipulate [only] for those things which, at the time of the stipulation, can be subject to our uses and dominion. Digest 91: If the thing brought into stipulation be among human things, but cannot be given because it has perchance been made sacred: if indeed at the time of the stipulation, or afterwards, it was the [property] of the promisor, and thus has become sacred, he is held: just as also when it became sacred through another selling it. But if the thing was the property of another, and it happened to be made sacred through another, the promisor is not bound, unless after he had made delay, the thing became sacred. Digest 137: I stipulate uselessly under a condition which is prohibited by law: as: "Will you give, if someone sells a sacred thing?" although it may be possible that its right might afterwards be changed ^B. ^{C D}

^A

Book 47, Title 32; and Book 48, Title 4, of the Digest: Those who occupy a sacred place with arms are subject to a penalty; for the law [Julia] of treason is set in motion against them. Book 50, Title 16, of the Digest: Sacred things are not public property.

Book 33, Title 1, Digest 20: If I bequeath to the custodians of sacred objects ten denarii, to be given on a feast day, I am considered to be leaving ten denarii annually. Book 34, Title 1, of the Digest: If I have bequeathed annual food and clothing to my slaves destined by me for the custody of a temple to be built: they receive them from the time of my death, for as long as the temple is under construction. However, the slaves whom the testator destined for the custody of the temple built by him remain in the service of the heir, unless he has manumitted them; as in Book 40, Title 12, Digest 35. Book 24, Title 1, of the Digest: I rightly give a gift to my wife, for her to offer it to God. Book 34, Title 2, Digest 37: If I have said that crosses worth a hundred pounds should be made and set up in this sacred place, and all the crosses which are in the same place are of silver and bronze, the heir is compelled to provide silver ones.

^B Book 35, Title 2, Digest 1: Regarding those things bequeathed to God, [the law] of Falcidia has spoken. Book 50, of the Digest: If someone has vowed a thing, he himself is bound, but not the thing. But when the thing is discharged, it does not become holy itself, but the promisor is freed. By such a promise, those of sui juris who have reached puberty are bound, but not those subject to another's power without the authority of their father or master. If someone vows a tenth part of his goods, it does not cease to be among his assets until he separates it; if he should die before having separated it, his heirs are bound. For the obligation of a vow passes to the heirs. Book 1, Code, Title 2, Constitution: It is permitted to everyone in their last will to leave [gifts] to the holy churches. For the wishes of the dying must be firm. Constitution 13: It is permitted for widows, deaconesses, virgins dedicated to God, nuns, and other religious women, to leave [something]—whether by a valid testament, or codicil, or unwritten will, or by institution, or substitution, or legacy, or fideicommissum, or by a special or universal [bequest]—to churches, clerics, monks, or the poor.

^C Constitution 19: Donations which are made without the completion of acts up to five hundred solidi to a church, or a hostel, or a hospital, or an orphanage, or a poorhouse, are valid. The rest, however, even if they are made for pious causes, and which are said to be of a quantity greater than five hundred solidi, require imperial donation. Constitution 22: Things which come to venerable houses from the munificence of a curial are immune from the registration of lucrative gains. Constitution 23: If anything, whether donated, or an inheritance, or a legacy of movable or immovable things, has been left to any venerable place for the redemption of captives, a personal, in rem, and hypothecary action is available, and it is ^D barred only by the prescription of one hundred years; for this time is [the span] of a long-lived man; Constitution 25.

^A If anyone writes down the Lord Christ as heir, without adding the designation of a house of prayer, the church of the place in which the deceased dwelled is held to be written. The same applies also to a legacy, and it proceeds to the relief of the poor. But if he leaves [it] to any of the holy angels or martyrs, without mentioning a house, if such a house exists in that city, or in that same parish, it itself receives [it]; if it does not exist, the one in the metropolis receives [it]; if such a house does not exist there either, the churches of that place receive it, with other houses yielding to them, provided it is not shown that the deceased had something else in mind and said something else; for then the truth, and not what was written, prevails. If he said a specific place, but many of the same name are found in the city or in the surrounding area, if he had greater affection for some one of these, or visited it frequently, it seems to have been left to him. ^B If no such thing is found, the one most in need among such houses receives what was left.

Text. And tit. 3 of the same book, const. 24, says that what is left to the poor is valid and firm. Const. 28 of the same tit. What is left for the redemption of captives is valid. And if indeed the testator has said who is to apply care to this matter, he exacts it and fulfills the decree according to his own conscience. But if he has not mentioned a person, the bishop of the city in which the testator was born receives what is left, reporting the quantity of money given to him to the magistrate as a gift in the records, and after a year he is to make manifest the number of those redeemed and the prices given for them. But if the testator was of a barbarian nation, and some ambiguity arises regarding his fatherland, the bishop of the place in which the deceased died receives the money and fulfills what was prescribed. ^C He who knows that something was left, acts rightly if he informs the ruler of the province and the bishop, and he does not on that account become an informer. Const. 3, tit. 2 of the Novels says that it is for the bishop of the city in which the testator had his domicile to receive the money and perform what was constituted. Const. 45. If an annual, perpetual legacy or gift has been left or given to venerable places, or to clergy, or monks, or nuns, or the poor, and simply to venerable, or non-prohibited associations, it is not permitted to settle regarding them, unless a flourishing income is given, unburdened by public charges, and having an addition of not less than the fourth part of the clear income, never to be alienated. It is necessary also for agreements and settlements to be made in writing on this matter, and for them to be recorded in the official registers. ^D If the person who made the settlement acts contrary to these things, he forfeits the gold given, and the venerable house vindicates the property, having the goods of the one who left [it] as a pledge, and having them bound to itself in fruits, incomes, and every lawful increase. And the prescription of long time does not stand against the action; for it is born year by year. However, as for the one who gave the gold, the one who received it is liable with...

^A himself, and so are his heirs, as the 55th constitution of the same title transmits.

Chapter II

The third constitution of title 2 of the Novellae says regarding such a legacy, that if those who are ordered to receive and those who are ordered to give, or the place from which it is stipulated that it be given, are in the same or a neighboring province, the legacy should in no way be alienated. But if they be in more remote parts, it is permitted, with both parties consenting, to receive for it a productive income from a nearby place, and with the addition of a fourth part of the quantity left behind, provided it is not burdened by many imposts. If, however, they wish to sell the legacy, they must not receive a lower price than what is collected from the legacy over thirty-five years; yet so that the price proceeds to the benefit of the venerable house to which it was left. ^B The 48th constitution of title 3 of book 1 says that one rightly writes captives as heirs, and the bishop and the [oeconomus] of the city in which he had his residence receive the inheritance, and they spend the prices of the things or the revenues of the immovable properties for the redemption of captives, without retaining the Falcidian portion; and they are not to be sued for debts. And if one rightly writes the poor as heirs, and does not specify which ones, the [xenodochus] of the same city receives the properties, and from their sale purchases an income. But if there are many [xenones] in the city, the one most destitute receives them, with the bishop and the clergy under him examining the matter regarding this; but if the city does not have a [xenon], the properties are distributed by the bishop or the [oeconomus] to the poor or otherwise needy, without the Falcidian portion being retained. But if he left it looking to the clear or unclear name of a church or a pious house, it alone receives it, without being subject to the Falcidian portion; and the third constitution of title 2 of the Novellae says that it is distributed to the poor through the bishop. ^C And the 52nd constitution of title 2 of book 1 of the Code says that if anyone is burdened with a substitution or restitution due to childlessness, and does not wish to marry on account of asceticism, he remains in possession of the properties, and spends them while living, or leaves them as he wishes, provided it be for pious uses. But if it was left to them even under the condition of child-bearing, they possess it even if they do not bear children. This same thing applies to those who are virgins and to clergy forbidden to marry. But the 2nd constitution of title 1 of the Novellae says that if the one burdened with a legacy or restitution under the condition of marriage or childlessness—or if it is thus given or bequeathed to someone—becomes a cleric, or a monk, or a deaconess, or an ascetic, the restitution is extinguished; but in the case of the clergy and deaconesses of the churches, as long as they remain as such until the end of their own lives, they shall piously spend or leave behind the things given or bequeathed under such a condition. For monks and ascetics, even if they leave their own monasteries, nevertheless such things

^A distinguish them from other objects belonging to the monasteries. But if the substitution is made for the ransom of captives or the maintenance of the poor under the aforementioned conditions, it is excluded in none of the stated ways.

Furthermore, the first and only constitution of tit. 48, book 6 of the Code says that what is left to a lawful ^B corporation or body—such as the senate, or the council or post of an official, or to physicians, or to teachers, or to advocates, or to soldiers, or to those of the same guild, or to priests, or to any other—is valid, and is to be divided per capita and equally among those who at the time of death are found on the roll, unless the testator has assigned a specific amount to each. And at the end of the same constitution, it says that if [something] is left once or annually for pious uses, either to churches, or to hostels, or to poorhouses, or to holy houses, or to the common clergy, or for the ransom of captives, or to the poor or captives themselves, the will of the deceased holds.

[Book] 3, tit. 27 of the Institutes [provides]: Sometimes that which is paid in error when not owed is not recoverable, as in the cases of things bequeathed to holy houses by way of religion or piety. [Book] 4, tit. 16 of the Institutes [provides]: That which is bequeathed to holy places is doubled by refusal. ^C It also says in constitution 2, tit. 2 of the Novels that if any persons donate, sell, or in any other way provide or leave an unproductive possession to any holy house established anywhere, that house shall not be burdened by the name of public taxes, nor be aggravated for any other reason; but every such burden shall accrue to those who gave it and to their heirs, who are compelled both to take back the given possessions and to restore every loss that happened to the holy house. And if, as is likely, something was given by the [dispensers] of the holy houses through some deceit for the sake of such unproductive things: the holy house shall gain what was given, and the unproductive thing shall be restored to him who gave it and to his heirs. Constitution 1 of the same title states that he who, being an economist of religious houses, or a prefect, or a xenodochus, or a nosocomus, or a ptochotrophus, or an orphanotrophus, or a gerontocomus, has done such a thing, shall compensate from his own means the one who gave it for the loss that has occurred to him.

CAPUT II. – On sacred vessels and offerings.

^D Canon 73 [72] of the Apostles. 73 [72] Let no one henceforth appropriate for his own use a gold or silver vessel, or a sanctified veil, for this is illegal and against the laws. If anyone, however, is caught, let him be punished with excommunication.

Synod held in the church of the Holy Apostles, called the First and Second, canons 1 and 10. 1. The building of monasteries, a thing so venerable and precious, and so beautifully thought out by our blessed and holy Fathers of old, is today badly

managed. ^A For some, by attaching the name of a monastery to their own assets and properties, and professing to sanctify these to God, inscribe themselves as masters of what is consecrated, and have determined to manage to dedicate them to God in name only. For they do not blush to usurp the same power after the consecration as they were not prevented from having before. And such a petty trading has been applied to this matter that many of the things which are consecrated are seen to be sold by the very ones who consecrated them, causing at once amazement and hatred in those who see it. And not only is there no repentance in them for the fact that they claim for themselves the power over things once dedicated to God, but they also fearlessly transmit this power to others. ^B Therefore, the holy synod has decreed, for these reasons, that it is not permitted for anyone to build a monastery without the judgment and counsel of the bishop; but with him knowing and permitting, and with him performing the due prayer, as it has been piously and religiously established by the ancients, let the monastery indeed be built; but let all things that pertain to it be inscribed with him in a brief record, and be deposited in the episcopal archives, with the one who consecrates having no way the power to appoint himself superior, or someone else in his place. For if one who gives something to a man can no longer be master of these things, how will one be allowed to seize for himself the ownership of what one sanctifies and dedicates to God?

^C 10. They who give themselves over to their passions not only do not fear the punishment threatened by the sacred canons, but they have also dared to dance upon the canons themselves. For they twist them, and adulterate them to suit the passion of their own will, so that to satisfy the ambition of their passion, as Gregory the Theologian says, the evil may not only be considered by them as not subject to blame, but even as divine. For regarding the apostolic canon that says: A gold or silver vessel that has been sanctified, or a linen cloth, let no one hereafter appropriate it for personal use; for it is unlawful; and if anyone is caught, let him be punished with excommunication; taking this as a defense for their own transgressions, they say that those who transform the venerable covering of the holy table into a personal tunic or some other piece of clothing ought not to be judged worthy of deposition. ^D Nor, moreover, do they say this regarding those who spend the holy chalice—O the impiety!—or the venerable disk, or things similar to these, upon their own personal needs, or defile them; for the canon, they say, deemed that those who fall into this should be subjected to excommunication, but did not deem them worthy of deposition. But who could endure the magnitude of such perversity and impiety? For when the canon subjects to excommunication those who claim for themselves that which is sanctified only for use, and not for perfect plunder, they themselves deliver from deposition those who seize and sacrilegiously steal the things of the saints, and those who [employ] them for the service of food, insofar as it is within their power.

^A Indeed, they defile the venerable diskoi or sacred chalices, and they judge that those who do so should be deposed—although it is an obvious sin, and it is clear that those who do such things fall under the charge not only of deposition but of the deepest impiety. Therefore, the holy synod has decreed that those who purloin for their own gain, or debase to unholy use, the holy chalice, the diskos, the spear, the venerable altar cloth, or the so-called aer—or simply any of the sacred and holy vessels or vestments in the sanctuary—shall be subjected to complete deposition; for the latter is to profane, and the former is to commit sacrilege. However, as for those who offer for unholy use, whether for themselves or for others, vestments or certain vessels that are set apart outside the sanctuary, the canon also segregates them, and we too likewise segregate them; but those who steal them entirely we subject to the condemnation of sacrilegious persons.

From the Epistle of Cyril to Domnus, Cap. 2

The 17th constitution of title 2 of the first book of the Code says that while there are other movable items outside of the sacred vessels, the alienation and mortgage of necessary immovable property and sacred vessels ceases. And the 21st constitution of the same title says that whoever buys sacred vessels or votive offerings—or takes them as a mortgage or pledge—not for the sake of redeeming captives, shall lose even the price he paid; and they are recovered by the bishops, the oikonomoi, and the custodians of the vessels, even if they have been melted down; or their price is demanded, if they do not appear. Book 18, title 1, digest 62, says that he who unknowingly buys a sacred thing as private property, even if the sale does not hold, nevertheless has an action against the seller for as much as it concerns him, so that he is not deceived. And the Institutes, book 2, title 1, says that sacred vessels shall neither be alienated nor pledged, except for the redemption of captives. Moreover, the 1st constitution of the title of the Novellae subjects to penalties those who [misuse] sacred vessels against the law for the redemption of captives. ^D Text. The 2nd constitution of the same title says that the sacred vessels of the Church of Constantinople, and of oratoratories situated anywhere else, shall not be sold or pledged otherwise than for the redemption of captives. Indeed, if there are many vessels, which do not themselves provide any necessary use, and it happens that some of the pious

^A houses are burdened by debt, and there are no other movable objects from which the debt can be paid, there shall be license, following the established procedure without penalty—for a bishop in the presence of the metropolitan, and for a metropolitan in the presence of his own patriarch—to sell the superfluous sacred vessels to other pious houses that have need of them, or to melt them down and sell them, and to provide their value for the debt, so that the immovable properties are not alienated. ^B

It is stated furthermore in Book 1, Tit. 18, Digest 13, that magistrates must pursue sacrilegious persons. And in Book 10, Tit. 2, Digest 4, that heirs shall not divide among themselves things acquired through sacrilege. And in Book 10, Tit. 1, Digest 26, that one who confesses to sacrilege invalidly does so, and an action does not arise from this. And in Book 48, Tit. 4, Digest 1, that the crime of treason is similar to that of sacrilege. And in Tit. 13 of the same book, Digest 1, that an action for sacrilege may be brought against him who has taken something from sacred funds, or has diverted them to his own uses, or has contrived with deceit that any of these things should happen. In Digest 4, it is noted that sacrilegious persons are punished according to the quality of the offense. In Digest 6, that to steal private money from a sacred place is not sacrilege, but theft. And in the 16th Constitution of the 19th Title of the 48th Book, it says to distinguish the place of the thief from that of the sacrilegious person. And in Book 3 of the Code, Tit. 2, Constitution 3, that one who steals what is not yet dedicated to God is prosecuted as a thief. ^C

Book 48, Tit. 13, Constitution 7. The punishment for the sacrilegious person is inflicted more severely or more leniently according to the quality of the persons, the offense, the time, the age, and the nature. For some are handed over to beasts, some are burned, some are hung on forks. The measured punishment is: if a nocturnal sacrilegious person is handed over to beasts; but if a diurnal one, who has taken some small thing from the temple, he is to be sent to the mines, or if he is of a more honorable station, he is to be deported. Digest 11. Sacrilegious persons are punished capitally. Sacrilegious persons are those who plunder public temples; but those who plunder private sacred objects and small, unguarded shrines are punished less than sacrilegious persons, but more than thieves. Also, he who steals foreign sacred items is subject to the charge of sacrilege. For he who has been entrusted with their guardianship, even if he takes something from them, is not subject to this law. Digest 12. He is deported who shuts a man inside a chest and places him in a temple, if that man, upon exiting the chest, steals something from the sacred place. Digest 16. The judgment for sacrilege also applies against an heir; for the inquiry concerns the funds that were removed. ^D

Canon 68 of the Sixth Ecumenical Council

^A such a thing from now on, if caught, let him be excommunicated for a year; likewise he who buys such books, if he neither keeps them himself for his own security, nor gives them to another for his benefit and so that they might be preserved, but rather attempts to destroy them, let him be excommunicated.

CHAPTER III. — Concerning clerics who create schism, and establish altars against the will of the bishop.

Apostolic Canon 31. 31 [30]. If any presbyter, having despised his own bishop, gathers a separate congregation, and sets up another altar, having found no fault against the bishop in piety and justice, let him be deposed as a lover of power; for he is a tyrant. Likewise let the other clerics and whosoever joined him be excommunicated. But let these things take place after the first, the second, and the third admonition from the bishop.

Canon 5 of the Council of Antioch. 5. If any presbyter or deacon, having despised his own bishop, separates himself from the Church, and gathers a private congregation, and erects an altar, and, being summoned by the bishop, does not obey, and is unwilling to submit to him, and does not listen to his first and second call, let him be strictly deposed, and let him obtain no further remedy, nor be able to recover his own honor. But if he persists in disturbing and overturning the Church, let him be punished as a seditious person by external power.

Canon 10 of the Council of Carthage. ^C Regarding presbyters who are rebuked by their own bishops. 10. Alypius, bishop and legate of the province of Numidia, said: Neither must this be omitted: if by chance any presbyter, rebuked by his own bishop, having been puffed up with swelling pride, should think that he ought to offer sacrifices to God separately, or should believe that another altar ought to be set up against ecclesiastical faith and discipline, let not such a one depart unpunished. Valentinus of the primatial see of the province of Numidia said: Those things which our brother Alypius has set forth are necessary and consistent with ecclesiastical discipline and faith; therefore, state what seems right to your charity.

Canon 31 of the Sixth Ecumenical Council. 31. We decree that clerics who perform sacred rites or baptize in oratories that are inside homes, should do so with the consent of the bishop of that place. Wherefore, if any cleric does not observe this, let him be deposed.

Synod held at Constantinople in the temple of the Holy Apostles, which is called the First and Second, canons 12, 13, 14, 15. 12. Of the holy and ecumenical Sixth Synod, those ^D [who facilitate the above...]

celebrate or baptize in oratories which are within houses, against the will of the bishop, the synod subjects to deposition, and we also decree the same. For since the holy Church rightly distinguishes, and defends the true reason, and teaches and preserves the venerable and honest form of good institution, it is unbecoming and inept that those who live in petulance and insolence and disobedience, entering houses, should tear down its good order and fill it with much perturbation and offenses. And therefore ^B the holy and divinely assembled synod now, agreeing with the universal Sixth Synod, has decreed that those who celebrate in oratories which are within houses be removed from the clergy—removed, that is, by the deposition pronounced against them by the bishop of that place. If any others, besides these, without the bishop's consent, rushing into the houses, dare to touch the administration of the celebration, they indeed shall be deposed; but those who are partakers of their communion shall be subjected to excommunication.

13. The all-wicked one, having sown the seeds of heretical tares in the Church of Christ, and seeing them being cut up by the roots by the sword of the Spirit, came to another path of insidiousness, attempting to divide the body of Christ with the madness of schismatics. But the holy synod, restraining even this plot of his, has altogether decreed for the future that, if any presbyter or deacon, as if having judged his own bishop for certain crimes, before synodal examination and diagnosis and his complete condemnation, shall dare to depart from his communion and does not mention his name in the sacred prayers of the liturgies, according to what has been ^C handed down to the Church, this man shall be subjected to deposition and stripped of all priestly honor. For he who is placed in the order of presbyter, and snatches the judgment of the metropolitans, and judges his own father and bishop before judgment, as far as it depends on him, is worthy neither of the honor nor of the name of presbyter. Those who follow them, if they are of those initiated into holy orders, let them also fall from their own honor; but if they are monks or laymen, let them be altogether excommunicated from the Church, until such time as they reject their connection with the schismatics and return to their own bishop.

14. If any bishop, making a pretext of an accusation against his own metropolitan before synodal diagnosis, separates himself from communion with him, and does not mention his name as is customary in the divine celebration, the holy synod has decreed ^D that he is deposed, if he is only convicted of having departed from his own metropolitan and caused a schism. For it is necessary for each one to know his own limits, and neither for the presbyter to despise his own bishop, nor for the bishop to despise his own metropolitan, nor for the metropolitan to despise his own patriarch.

15. What has been decreed concerning presbyters and bishops

and metropolitans; so much the more does it apply to patriarchs. Wherefore, if any presbyter, bishop, or metropolitan should dare to withdraw from the communion of his own patriarch, and not mention his name, as has been determined and ordained in the divine liturgy, but—before a synodal decree and his perfect condemnation—should make a schism, the holy synod has decreed that he be alienated from all priesthood, if he be convicted of having transgressed in this alone. And these things have been determined and sealed concerning those who, under the pretext of some crimes, withdraw from their own prelates, and make a schism, and rend asunder the union of the Church. For those who, on account of some heresy condemned by the holy Fathers or synods, separate themselves from the communion of their prelate—that is, when he preaches the heresy publicly and teaches it openly in the church—such persons are not only not subject to canonical penalty for withdrawing themselves from the communion of the one called bishop before synodal oracular knowledge, but they shall also be deemed worthy of the honor which befits the orthodox. For they did not condemn bishops, but pseudo-bishops and pseudo-teachers; and they did not cut the union of the Church with schism, but strove to liberate the Church from schisms and divisions. ^{A B}

TITLE III. CONCERNING PRAYERS, AND PSALMODIES, AND READING, AND OBLATION, AND COMMUNION, AND VESTURE, AND THE SERVICE OF READERS, SINGERS, AND MINISTERS.

CAPUT PRIMUM. — What prayers the people hear, and why we pray looking toward the east.

The canons of the Council of Laodicea, 5, 19.

5. That ordinations [should] not take place in the presence of hearers.

19. That it is necessary first, after the sermons of the bishops, for the prayer of the catechumens to be performed; and after the catechumens have gone out, for the prayer of those who are under penance to take place; and when they have come under the hand and have withdrawn, that then the prayers of the faithful should take place in three parts: the first, namely, to be fulfilled in silence; the second and the third to be fulfilled by proclamation; and thus for the peace to be given. And after the presbyters have given the peace to the bishop, then for the laity also to give the peace; and thus the holy obla-

oblation to be performed, and that it be lawful only for those in priestly orders to enter into the sanctuary and communicate.

^A Basil, from the 27th chapter of those things written to the blessed Amphilochius concerning the Holy Spirit. "Of the dogmas kept in the Church," etc., up to "bringing in power," etc., as on page 462. The 17th constitution of the 1st title of the Novellae says that the prayers of the holy communion and of holy baptism ought to be heard by the people.

CAP. II. — On who, and how, and what things ought to be chanted, or prayed, or read.

85 [84]. Let there be to you all, clergy and laity, books to be venerated and holy: of the Old Testament, five of Moses: Genesis, Exodus, Leviticus, Numbers, Deuteronomy; of Joshua the son of Nun, one; of Judges, one; ^B of Ruth, one; of Kings, four; of Paralipomenon, that is, the book of days, two; of Ezra, two; of Esther, one; of Maccabees, three; of Job, one; the Psalter, one; of Solomon, three: Proverbs, Ecclesiastes, the Song of Songs; of the twelve prophets, one; of Isaiah, one; of Jeremiah, one; of Ezekiel, one; of Daniel, one. But let it be further understood by you that your young people should learn the wisdom of the most learned Sirach. But ours, that is, of the New Testament, are the four Gospels: Matthew, Mark, Luke, John; fourteen epistles of Paul; two epistles of Peter; three of John; one of James; one of Jude; two epistles of Clement; and the ordinances for you ^C bishops edited by me, Clement, in eight books, which ought not to be divulged to all because of the mystical things contained in them; and the Acts of us the apostles. Let these things be ordained for you by us, O bishops, concerning the canons. And you, remaining in them, shall be saved and shall have peace; but if you are disobedient, you shall be punished and you shall have eternal war with one another, paying the fitting penalty for disobedience. And may God, who alone is eternal and the creator of all, unite you all through peace in the Holy Spirit and perfect you unto every good work, unchanging, blameless, irreproachable, and make you worthy of eternal life with us, ^D through the intercession of his beloved Son, Jesus Christ, our God and Savior; with whom be glory to Him, the God and Father over all, together with the Holy Spirit the Comforter, now and ever and unto the ages of ages. Amen.

Council of Laodicea, canons 15, 17, 18, 19, 23, 59. 15. It is not permitted for any others to chant in the church except the canonical chanters, who ascend the ambo and chant from the parchment.

^A 17. Regarding the fact that one must not join psalms together in services, but that a reading should take place in between each psalm. 18. Regarding the fact that the same ministry of prayers should always take place, both at the Nones and at Vespers. 19. Regarding the fact that this should be done separately first, after the sermons of the bishops, etc. 23. That a reader or chanters should not wear an orarion, and thus read or chant. 59. That private psalms should not be said in the church, nor non-canonical books, but only the canonical ones of the New and Old Testament, which are these: 1. Genesis of the world. 2. Exodus. 3. Leviticus. 4. Numbers. 5. Deuteronomy. 6. Joshua son of Nun. 7. Judges. Ruth. 8. Esther. 9. Kings I and II. 10. Kings III and IV. 11. Chronicles I and II. 12. Ezra I and II. 13. Books of Psalms, 150. 14. Proverbs of Solomon. 15. Ecclesiastes. 16. Song of Songs. 17. Job. 18. The Twelve Prophets. 19. Isaiah. 20. Jeremiah, Baruch, Lamentations and Epistles. 21. Ezekiel. 22. Daniel. Of the New Testament, the four Gospels: according to Matthew, according to Mark, according to Luke, according to John. Acts of the Apostles. The seven Catholic Epistles, thus: James 1, Peter 2, John 3, Jude 1. The fourteen Epistles of Paul: to the Romans 1, to the Corinthians 2, to the Galatians 1, to the Ephesians 1, to the Philippians 1, to the Colossians 1, to the Thessalonians 2, to the Hebrews 1, to Timothy 2, to Titus 1, to Philemon 1. ^B

Canon 24, 42, 103 of the Council of Carthage. That outside of the canonical Scriptures, nothing should be read in the church.

On the prohibition of holding feasts in churches

42. That no bishops or clerics should hold feasts in churches, unless perchance they are traveling and are compelled by the necessity of hospitality to lodge there; and the laity, too, should be kept away as much as possible from such feasts.

On the prayers to be said at the altar

103. It has also been decided, that the prayers which have been approved in the council, whether prefaces, or commendations, or the laying on of hands, should be performed by all, and that no others whatsoever should be introduced that are against the faith; but those which have been collected by the more prudent shall be said.

Of the Sixth Ecumenical Council, canons 33, 63, 75, 81

33. Since we have learned in the region of the Armenians, etc., see page 486.

63. We forbid that those ^A histories of martyrs falsely concocted by the enemies of the truth, so as to dishonor the martyrs of God and lead those who hear them into unbelief, be made public in the church; rather, we command that they be delivered to the fire. We also anathematize those who admit these or believe them to be true.

75. We wish that those who come to chant in the churches should not use disorderly vociferations, ^B nor force nature to screaming, nor introduce any of the things that are not appropriate or proper for the church; but they should offer the psalmody with great attention and compunction to God, who is the inspector of hidden things. For the sacred oracle has taught that the sons of Israel will be pious and holy.

81. Since we have learned in some regions that in the Trisagion hymn, etc., see page 447.

Of the Second Council of Nicaea, canon 14

That it is not permitted to read upon the ambo in the congregation without the laying on of hands

14. That order dwells in the priesthood is manifest to all, and to maintain the functions of the priesthood with accuracy is pleasing to God. Since, therefore, we see that some receive the tonsure of the clergy from childhood, ^C but have not yet received the laying on of hands of the bishop, and are reading in the congregation upon the ambo, doing this without authorization, we permit this to be done no longer from the present time; and let the same be observed also in the case of monks. However, it is permissible for a hegumen in his own monastery, and for him alone, to perform the laying on of hands of a reader for each individual of his monastery, if the laying on of hands for the position of hegumen has been imposed ^D upon that hegumen himself by a bishop, provided that he himself is a presbyter. Similarly, and from ancient

custom, it is necessary for chorepiscopi to be appointed as readers by the permission of the bishop.

CAP. III. — That the Gospel ought to be read on the Sabbath along with other Scriptures.

Canon 16 of the Council of Laodicea. 16. That the Gospel be read on the Sabbath along with other Scriptures.

CAP. IV. — Of the holy oblation and communion.

Canons of the Apostles 3, 4, 31. 3. If any bishop or presbyter, contrary to the Lord's ordinance regarding the sacrifice, shall bring other things to the altar, either honey, or milk, or strong drink instead of wine, or birds, or certain animals, or legumes contrary to the ordinance, let him be deposed, except for new grains or grapes at the proper time. ^B It shall not be permitted to offer anything else at the altar, save oil for the lamp and incense at the time of the holy oblation.

4. But all other autumn fruits shall be sent home as first-fruits to the bishop and to the presbyters, but not to the altar. It is manifest, however, that the bishop and the presbyters shall distribute them to the deacons and the rest of the clergy.

31. If any presbyter, out of contempt, etc., as in page 583.

Canon 18 of the Council of Nicaea. 18. It has come to the ears of the holy and great synod that in some places and cities the deacons give the Eucharist to the presbyters, a practice which neither the canon nor custom has handed down, that those who have no power to offer should give the Body of Christ to those who do offer. And it has also been made known that some of the deacons now touch the Eucharist even before the bishops. Therefore, let all these things be done away with, and let the deacons remain within their own bounds, ^C knowing that they are indeed ministers of the bishop but are lesser than the presbyters. Let them receive the Eucharist in their own order after the presbyters, as it is presented to them by the bishop or the presbyter. Nor let it be permitted for deacons to sit among the presbyters; for what is done is contrary to the canon and to order. If anyone, however, does not wish to obey after these constitutions, let him desist from the diaconate.

Canon 1 of the Council of Ancyra. 1. Regarding those presbyters who sacrificed and afterward recanted, not by any artifice but in truth, and neither prearranged or contrived and persuaded others in order that they might appear to be subjected to tortures, while these were being applied only in appearance and opinion: it seemed good that they should partake of the honor of the chair, but that it should not be permitted to them to offer or to preach or, in general,

perform any of the priestly functions. ^A

Canon 13 of the Council of Neocaesarea.

Canons 19, 49 of the Council of Laodicea.

Canons 37, 41, 47 of the Council of Carthage.

That sacrifices to God should be conducted by those fasting.

Regarding children of the Donatists baptized by the Donatists.

Canons 23, 28, 32, 57, 58, 101 of the Sixth Ecumenical Council.

NOTES.

^A But believing the offering of the grape to be the first-fruits, the priests bless it separately and distribute it to those who ask for it in thanksgiving to the Giver of the fruits, by whom our bodies are increased and nourished according to the divine decree. If, therefore, any cleric does anything contrary to these decrees, let him be deposed.

32. Since it has come to our knowledge that in the region of the Armenians they offer wine only upon the holy table, not mixing water with it, they who perform the unbloody sacrifice, bringing forward the doctor of the Church John Chrysostom, who says these things in his interpretation of the Gospel according to Matthew: "Why did he not drink water when he arose, but wine?" he was indeed extirpating an evil heresy by the root. For since some had used water in the mysteries, he shows that when he delivered the mysteries he delivered wine; and when he arose and set before them a table without the mysteries, and a plain one, he used wine, "from the produce," he says, "of the vine"; and the vine produces wine, not water. ^B And from this they think the doctor to be overthrowing the addition of water in the holy sacrifice. So that they may not be held in ignorance from this time forward, we explain the Father's meaning orthodoxly. For the wicked heresy of the Hydroparastae (that is, of those who offered water), being an ancient one, which used only water in its own sacrifice instead of wine; this divine man, refuting the detestable doctrine of such a heresy and showing that it is directly opposed to the apostolic tradition, affirmed that which has already been mentioned. For even in his own Church, where the pastoral administration was committed to him, he taught that water must be mixed with wine when the unbloody sacrifice is to be performed, demonstrating the commingling of blood and water from the precious side of our Redeemer and Saviour Christ the God, which was poured out for the vivification of the whole world and the redemption of sins. ^C And in every Church also, where the spiritual luminaries have shone forth, this God-given order prevails. For indeed, James, the brother of Christ our God according to the flesh, who was first entrusted with the throne of the Church of the Jerusalemites, and Basil, the archbishop of the Caesareans, whose glory has spread over the whole world, having handed down to us in writing the mystical sacrifice, have published that the holy chalice is to be consecrated in the divine Mass from water and wine. And the holy Fathers who assembled at Carthage have made mention of this clearly and precisely: "That in the holy things nothing more than the body and blood of the Lord be offered, as the Lord himself delivered, that is, bread and wine mixed with water." If, therefore, any bishop or presbyter does not act according to the order delivered by the apostles, and does not mix water with wine, but thus offers the immaculate sacrifice, let him be deposed, ^D as one who proclaims the mystery imperfectly and innovates upon what has been delivered.

57. That honey and milk should not be offered at the altars.

58. Let no one of those who are assigned to the laity distribute the divine mysteries to himself when a bishop, or presbyter, or deacon is present. Let him who dares to do any such thing, as acting contrary to what has been ordained, be excommunicated for one week, being taught thereby not to think more highly than he ought to think. ^A

101. The divine Apostle proclaims with a great voice that man is the body of Christ and a temple created after the image of God. Therefore, transcending every sensible creation, he who has attained the heavenly dignity through the saving passion, in eating and drinking Christ, is transformed towards eternal life, sanctifying his soul and body through the participation of divine grace. Wherefore, if any one wishes to be a partaker of the immaculate body at the time of the synaxis, and in the participation to become one with it, let him approach, shaping his hands in the form of a cross, and so let him receive the communion of grace. For those who fashion receptacles out of gold or some other material in place of their hands for the reception of the divine gift, and through them partake of the immaculate communion, we do not admit in the least, as they prefer inanimate and subject matter to the image of God. But if anyone be found distributing the immaculate communion to those who bring such receptacles, let both him and the one who brings them be excommunicated. ^B

CAP. V. — How the clergy and laity give the peace.

CAP. VI. — Concerning those who do not indifferently receive communion from a married presbyter.

CAP. VII. — That it is permitted only to men of the priestly order to communicate at the altar, and that a woman is not permitted to enter the altar.

Concilium of the Sixth Ecumenical [Synod], canons 69, 70. 69. Let it not be permitted to any of those who are numbered among the laity to enter inside the sacred altar; yet the imperial power and authority is by no means prohibited from this, whenever he may wish to offer gifts to the Creator, according to a most ancient tradition. ^D

70. Let it not be permitted to women to speak at the time of the divine liturgy, but as the voice of the apostle Paul says, "Let them keep silence." For it is not permitted to them to speak, but to be in subjection, as also the law says. "For unto thy husband," it says, "shall be thy desire, and he shall rule over thee." But if they desire to learn anything, let them ask their own husbands at home.

CAP. VIII. — When finally chorepiscopi may offer communion.

CAP. IX. — That a deacon may not offer [the oblation], nor give communion to a presbyter.

CAP. X. — Concerning the dress and office of lectors, singers, and ministers; and that a minister may not bless the bread or the cup.

Council of the Sixth Ecumenical Council, canon 27. ^A 27. Let no one of those who are enrolled in the clergy wear an unsuitable garment, neither when living in a city, nor when journeying; but let them use the robes which have been already assigned to those who are enrolled in the clergy. If any one shall do such a thing, let him be excommunicated for one week.

Council of Nicaea II, canon 16. That an ecclesiastical man ought not to wear luxurious garments. 16. All luxury and bodily adornment is alien to the priestly ^B state and order. Bishops, therefore, or clerics who adorn themselves with brilliant and conspicuous garments ought to be corrected; and if they persist, to be delivered to a penance: likewise also those who use perfumes. But since the "root of bitterness" springing up has been a defilement to the Catholic Church—namely, the heresy of those who accuse Christians—and those who have accepted it have not only loathed the depictions of icons, but have also cast out all reverence and piety, ^C railing against those who live piously and honestly; and in them has been fulfilled what is written: "Godliness is an abomination to a sinner." If any, therefore, be found mocking those who are clothed in inexpensive and modest apparel, let them be corrected by some penalty. For from time immemorial every priestly man lived with modest and moderate attire. For whatever is assumed not for use but for ostentatious display, falls into the reproach of wickedness, as the great Basil ^D said. But no one wore a garment variegated with silken textures, nor were additions of another color fixed to the edges of their garments. For they heard from the God-speaking tongue that "those who wear soft clothing are in the houses of kings."

CAP. XI. — Of those who, while they stay in a city, yet for three weeks do not communicate. Canon 11 of the Council of Sardica.

^A 11. Hosius the bishop said: This also we ought to define, that when a bishop from another city travels to another city, or from another province to another province, for the sake of boasting, serving his own praises, or for the sake of religion, and wishes to spend a longer time there—and the bishop of that city is not skilled in doctrine—he should not despise him, or preach more frequently, striving to bring shame upon and bring into contempt the person of the bishop there (for this pretext is accustomed to cause disorder). Nor should he strive to secure and draw to himself another’s see by such craftiness, not hesitating to abandon the church committed to him and to cross over to another. Therefore, time must be defined for this matter. For it is considered inhuman and uncivilized not to receive a bishop. Remember, however, that our fathers in time past judged that if any layman staying in a city does not attend on three Lord’s days within three weeks, he should be removed from communion. If, therefore, this has been decreed concerning laymen, it is neither proper, nor fitting, nor even profitable for a bishop, if he has no more grave necessity or ^B difficult business, to be absent from his own church for too long and to sadden the people entrusted to him. All the bishops said: We decree that this opinion is also most fitting.

Canon 80 of the Sixth Ecumenical Council.

80. If any bishop, or presbyter, or deacon, or any of those enrolled in the clergy, or a layman, has no more grave necessity or difficult business, that he should be absent from his own church for too long, but while staying in a city does not attend on three Lord’s days within three weeks, if he be a cleric, let him be deposed; but if a layman, let him be separated from communion.

CAP. XII. — Of those who, having heard the reading of the Scriptures, do not remain until the final prayers and do not communicate. Canons 8 and 9 of the Apostles.

8. If any bishop, or presbyter, or deacon, or any from the priestly list, when the oblation has been made, does not partake, let him state the cause; and if it be reasonable, let him obtain pardon; but if he does not state it, let him be excommunicated, as one who has become the cause of harm to the people and has cast suspicion against him who offered, as if he had not offered aright.

9. All the faithful who enter and hear the Scriptures, but do not remain in the prayer and the holy communion, should be excommunicated, as bringing confusion upon the Church.

Canon 2 of the Council of Antioch.

2. All who enter into the church of God and hear the holy Scriptures, but do not communicate in prayer with the people,

^A or through some disorder turn away from the participation of the holy Eucharist, these are to be cast out of the Church until they have made confession, shown fruits of repentance, and by entreaty been able to obtain forgiveness. It is not lawful to communicate with those who are excommunicated, nor to assemble in houses to pray with those who do not pray in the Church; nor to receive into another church those who do not assemble in their own. And if any of the bishops, or presbyters, or deacons, or any on the list of the clergy, shall be found communicating with those who are excommunicated, he too shall be excommunicated as one who confuses the canon of the Church.

CAP. XIII. — Whether the possessed should communicate or not.

CAP. XIV. — Of those who offer or assemble outside the Church.

The 7th constitution of title 2, concerning the dead, and the 3rd of title 2 of the Novels, say that he who desires to build an oratory or a church must speak about this with the bishop of the city, and offer sufficient funds for the lighting of lamps, and for the sacred ministry, and for the

^A unspoiled preservation of the place, and for the sustenance of those who sit there. And then the bishop, having made the matter manifest to all, is to go there publicly, and with prayer set up a cross, and only then is the work to commence. And he who has begun to build a new one or to renovate an old one is compelled by the bishop, the steward, and the magistrate, along with his heirs, to complete what was begun.

If anyone should perform a sacred ministry in a private house, suburb, or village, or allow others to perform it, without clerics appointed by the bishop of the place, the place in which this occurred, with the knowledge of the master, is assigned to the Church, through the bishop, the steward, and the magistrate, according to the 3rd constitution of title 3 of the Novels. For the 6th constitution of the 1st title of the same Novels says it is to be confiscated; and the 15th constitution of the 3rd title of the 6th book of the Code (mentions this). But if the master was ignorant of what was happening, he is not punished; but the managers, lessees, and emphyteutae who know of it are exiled from the province, and their property is assigned to the Church; and the officials who knowingly permit these things ^B are fined fifty pounds, and the company likewise. It is permitted, however, for those who have oratories in their houses to pray in them, but not to perform the sacred ministries contrary to what has been said.

CAP. XV. — Concerning bishops or clerics who communicate or pray with heretics or Jews, or who permit them to perform a sacred act, or who accept their sacrifice.

Apostolic canons 10, 45, 46.

10. If anyone prays together with an excommunicated person, even in a house, let him be excommunicated.

45. A bishop or presbyter or deacon who has only prayed with heretics, let him be excommunicated; but if he has also permitted them to operate as clerics, let him be deposed.

46. We command that a bishop or presbyter who has accepted the baptism or sacrifice of heretics be deposed. For what harmony has Christ with Belial? Or what part has a believer with an unbeliever? [48. II Cor. vi, 14.]

Council of Antioch, canon 2.

2. All who enter the church, etc., as above, page 616.

Council of Laodicea, canon 33.

33. That it is not permitted to pray with heretics or schismatics.

The 4th constitution of the 3rd title of the Novels says that heretics who hold gatherings, and those who gather with them, suffer the penalties described in the laws; and the houses in which this is done are assigned to the holy Church.

CAP. XVI. — That it is not permitted for the holy elements to be sent to parishes by way of eulogiae.

Council of Laodicea, canon 14.

14. Concerning not sending the holy elements by way of eulogiae during the feast of Pascha to other parishes.

CAP. XVII. — That communion should not be given to the bodies of the deceased.

Council of Carthage, canon 18. 18. If any cleric be ordained, etc., as above. Council of the Sixth Ecumenical [Council], canon 83. 83. Let no one give the Eucharist to the bodies of the deceased: for it is written: Take, eat. But the bodies of the dead can neither take nor eat.

CAP. XVIII. — That a woman should not communicate during the days of her purification.

Dionysius’s Epistle to Basilides, cap. 2. 2. But concerning women who are in their separation, whether it is right for them in such a state to enter the house of God, I count it superfluous even to ask. For I do not think that they, being pious and faithful, would dare, when in such a state, either to approach the holy table or to touch the body and blood of Christ. For indeed, she who had the issue of twelve years did not touch Him for her cure, but only his fringe. For to pray, no matter how one may be, and to remember the Lord in whatever condition one may be, and to implore aid, is not reprehensible. But ^A to the holy things and to the Holy of Holies, the person who is not completely pure in both soul and body shall be forbidden to approach. ^B

Timotheus of Alexandria, canon 7. Interrogatio 7. If a woman perceives that her customary womanly flow has occurred, ought she to approach the holy mysteries on that day, or not? Responsio. She ought not, until she is purified.

CAP. XIX. — That the sacred offering should not take place in the presence of a heretic.

Timotheus of Alexandria, canon 9. Interrogatio 9. Ought a cleric to pray in the presence of Arians or other heretics? Or does it harm him not at all when he is making the prayer, or the offering? Responsio. In the divine offering, the deacon proclaims before the kiss: "Those who are not in communion, depart." They ought not, therefore, to be present, unless they profess that they will do penance and avoid the heresy. ^C

CHAPTER XX. — Whether one who has had a nocturnal illusion should communicate.

Dionysius from his Epistle to Basilides, cap. 4. 4. But as for those who have incurred an involuntary nocturnal flow, let these also follow their own conscience, and consider for themselves whether or not they have doubts concerning this. For just as with food, he says: He who makes a distinction, if he eats, is condemned; so also in these matters, let everyone who approaches God have a good conscience and speak freely according to their own conviction.

Timotheus, canon 12. Interrogatio 12. If a layman who has dreamt asks a cleric whether he should permit him ^D to communicate, or not?

Response. If indeed the desire for a woman is present, he ought not; but if Satan is tempting him, so that by this pretext he might be alienated from the communion of the divine mysteries, he ought to communicate; for the tempter does not cease from attacking him at that very time when he ought to communicate.

CAP. XXI. — When, or for how long, one must abstain from one’s wife for the sake of communion.

Dionysius, from the epistle to Basilides, cap. 3. ^B Those who are sufficiently instructed and have matured must be their own judges. For they have heard Paul saying that it is proper for them to abstain from one another by consent for a time, so that they may devote themselves to prayer, and then again come together.

Timotheus, canon 5, 13.

Interrogatio 5. If a woman has cohabited with her husband at night, or a husband with his wife, and coition has taken place, ought they to receive, or not?

Response. They ought not, since the Apostle cries out: "Do not deprive one another, unless with consent for a time, that you may devote yourselves to prayer; and again come together, so that Satan may not tempt you because of your lack of self-control."

Interrogatio 13. For those who are joined in the communion of marriage, on which days of the week is it necessary to propose that they abstain from mutual intercourse, and on which do they have authority?

Response. What I have said before, I say now again. The Apostle says: "Do not deprive one another, unless it be with consent for a time, that you may devote yourselves to prayer; and again come together, so that Satan may not tempt you because of your lack of self-control." It is necessary to abstain on the Sabbath and on the Lord's Day, because on these days the spiritual sacrifice is offered to God.

CAP. XXII. — Whether an oblation is made for one who has killed himself.

Timotheus, canon 14.

Interrogatio 14. If someone, not being of sound mind, has laid hands upon himself, or even thrown himself down from a height, is there to be an oblation for him, or not?

Response. The cleric ought to discern whether he truly did this while not of sound mind. For often those who are related to the one to whom this has happened, wishing to obtain the oblation and prayer for him, lie and say that he was not in his right mind; ^C and sometimes it has been done because of the insults of men, or in some other way out of negligence, and an oblation ought not to be made for such a one; for he is his own murderer. Therefore, the cleric must inquire with precision, so that he may not fall under judgment.

Textus. The civil law punishes him who has brought death upon himself, or has attempted to do so, out of fear of a crime—not, however, because of disease or weariness of life—as one who has killed another, and confiscates his property, as in lib. XLVIII, tit. 21, and lib. IX, cod. tit. 50.

TITLE IV. ON THE CATECHUMENS AND ON HOLY BAPTISM.

^ACAPUT I. — That one ought not to admit anyone to baptism after two weeks of Lent. Concilii Laodiceni canon 45. 45. That one ought not to admit anyone to baptism after two weeks of Lent.

CAP. II. — Concerning those who exorcise. Concilii Laodiceni canon 26. 26. That those who have not been promoted by bishops, whether in churches or in houses, may not exorcise.

CAP. III. — How one ought to baptize. Apostolorum canones 49, 50 [48]. 49 [48]. If any bishop or presbyter, etc., as above, pag. 442. 50 [49]. If any bishop or presbyter does not [baptize] with three immersions of one mystery, etc., as above, pag. 442. ^B Concilii oecumenici VI canon 59. 59. In an oratory, etc., as pag. 617.

CAP. IV. — That the baptized ought to profess a formula of faith. Concilii Laodiceni canones 46, 47. 46. That those who come to baptism ought to learn the faith, and on the fifth day of the Great Week to recite it to the bishop or to the presbyters. 47. That those who receive baptism while in sickness, after they have recovered, ought to learn the faith and know of what gift they have been made partakers.

Concilii oecumenici VI canon 78. 78. That those who are being illuminated ought to learn the faith, and on the fifth day of the week to recite it to the bishop or to the presbyters. ^C

Text. The 10th constitution, tit. 8, book 1, of the Code, commands that pagans who are small (still children) be baptized without delay; but those who have reached maturity should first be taught the Scriptures and the holy canons. It must be noted, however, that we do not find a canon that ordains such a thing. But the 2nd constitution of title 3 of the Novels, which is the second concerning the Samaritans, and is found in the text of the books existing in the Patriarchate, number 133, decrees that Samaritans are not to be received to holy baptism immediately; but those ^D who are capable of perceiving good doctrine [already by age], for two years are to be catechized, and

thus be baptized: but very young children, who are unable to understand doctrine, even without this observation, are to be deemed worthy of holy baptism.

^A

CAP. V. — That those who do not know if they have been baptized ought to be baptized.

Concilii Carthaginensis canon 72. *Concerning infants to be baptized, whenever there is doubt as to whether they have been baptized.*

72. Likewise, it has pleased [the council] regarding infants, whenever there are no reliable witnesses found who can say without doubt that they have been baptized, and they themselves, because of their age, are not fit to respond regarding the sacraments handed down to them, that they be baptized without any scruple, lest this hesitation deprive them of the purification of the sacraments. For the delegates of the Moors, our brothers, have consulted on this matter, because they redeem many such [children] from the barbarians.

^C Concilii œcumenici sexti canon 84. 84. Following the canonical decrees of the Fathers, we also decree concerning infants: whenever there are no firm witnesses found who can say without any doubt that they have been baptized, and they themselves, because of their age, are not able to respond fitly concerning the mystery handed down to them, that they ought to be baptized without any offense, lest doubt of this kind deprive them of the sanctification of such purification.

CAP. VI. — That the dead may not be baptized.

Concilii Carthaginensis canon 18. 18. If any cleric be ordained, etc., as above, page 482. Item, it has pleased that for bishops or clerics to be ordained, etc., as above, page 483.

CAP. VII. — Concerning those who sinned before baptism and concerning lapsed catechumens.

Concilii Nicæni canon 14. 14. Concerning catechumens and those who have lapsed, it has pleased the holy and great synod that for three years they should only be hearers, and after that time pray with the catechumens.

Concilii Ancyrani canon 12. 12. For those who sacrificed before baptism, and were baptized afterwards, it has been decided that they be advanced to rank, as those who have been washed.

Concilii Neocæsariensis canon 5. 5. If a catechumen entering the church stands in the order of the catechumens, but is seen to be sinning: if he is one who bows his knee, let him be a hearer, provided he sins no more. But if, even while a hearer, he still sins, let him be cast out.

^A

Basil's canon 20

Theophili ex commonitorio canon 4

Cyrilli ex epistola ad episcopos qui sunt in Libya et Pentapoli canon 4

The text of Constitution 1, tit. 12, lib. 1, of the Code says: That [if] a Jew, in order to escape a crime or debt, wishes to be made a Christian, he ought not to be received until he appears innocent or pays the debt. But Constitution 10, tit. 11, desires that pagans be baptized, and their children, if they are little ones, without delay; but if they have grown up, let them first be taught the canons and the Scriptures. Truly, Constitution 3, tit. 3, of the Novels wishes adult Samaritans to be instructed in the faith for two years.

Chapter 8. — On bishops or clerics who admit the baptism of heretics.

Apostolic Canon 46

CHAPTER IX. — Concerning those baptized in sickness

Canon 12 of the Council of Neocaesarea

Canon 47 of the Council of Laodicea

Council of Carthage Canon 45. On the sick who cannot answer for themselves.

Timothei canon 4

Chapter 10. On a woman baptized while pregnant.

Chapter 11. That anointing ought to be performed after baptism.

Chapter XII. On the preparation of the holy chrism.

Chapter XIII. On those who were baptized twice or not duly, and on those who do not baptize those contaminated by impiety.

Text. Regarding those who rebaptize and those who are rebaptized, the 1st and 2nd constitutions of title 3, book 1, of the Code treat this. For the one brings deposition to the bishop, but the other brings the ultimate punishment to the one who baptized and the one who was baptized, if indeed he is of age to be held responsible for the crime; but know that for one who is approaching puberty, in no cause is there relief: as book 29, tit. 5,

digest 14. ^A [It is handed down] Now puberty in the male is the fourteenth year completed, in the female the twelfth: as book 26, tit. 1, digest 5, and book 5 of the Code, tit. 60, const. 3, [and book] 1 of the Institutes, tit. 22, [teach]. But if for some persons until they become of age food is bequeathed, the male receives it until he has completed his eighteenth year, and the female until her fourteenth, as book 34, tit. 1, [digest. 14 has]. A minor ^B does not commit forgery: as book 47, tit. 10, digest 22. Adultery is committed after puberty: as digest 36, tit. 5, of the same 47th book. The 37th Novella, which treats of the African Churches, says that those who [re-]baptized cannot serve in the army, but do have room for penance.

CAP. XIV. — Which of the heretics who pass to the Orthodoxy are to be baptized, and which are only to be anointed.

Council of Nicaea, canon 19. 19. Concerning the Paulianists, etc., as on page 559. Council of Laodicea, canons 7, 8. 7. Those who are converted from heresies, that is to say Novatians ^C or Photinians, or Tessaresdecatites, whether they are catechumens or those who are called faithful among them, are not to be received before they have anathematized every heresy, and especially that in which they were held; and then from that point on, those who were called faithful among them, reciting the symbols of the faith and having been anointed with the holy chrism, are thus to communicate in the holy mystery. 8. Those returning from the heresy of those who are called Phrygians, even if they be in the clergy supposed among them, even if they be called, very great, such are with all care to be catechized and baptized by the bishops and presbyters of the Church. Council of Constantinople, canon 7 (45). 7. Those who are added to the Orthodoxy ^D and to the portion of those being saved from the heretics we receive, according to the underwritten sequence and custom. Arians indeed and Macedonians, and Sabbatians (46), and Novatians, who call themselves Cathari and Aristeri (that is to say, "Pure" or "Sinister"), and Tessaresdecatites, or Tetradites, and Apollinarists, we receive, on condition that they give libelli and anathematize every heresy which does not think as the holy catholic and apostolic Church of God thinks; and being sealed, or rather anointed, first with the holy chrism on the forehead, and the eyes, and the nostrils, and the mouth, and the ears; and sealing them we say: "The seal of the gift of the Holy Spirit." But the Eunomians, who are baptized into a single immersion, and the Montanists, who are called here Phrygians, and the Sabellians who maintain that the Father is the same

and the Son, confounding both together, and performing other grave and unworthy acts: and all other heresies: since there are many heretics here, especially those who come from the region of the Galatians; whoever of these wish to be ascribed to the true faith, we admit them as Greeks: and on the first day we make them Christians; on the second, catechumens; then on the third, we exorcize them, or adjure them, blowing three times simultaneously into their face and ears. And thus we catechize or initiate them, and take care that they remain for a long time in the church, and hear the Scriptures; and then we baptize them. ^B

Council of the Sixth Ecumenical [Synod], canon 95.

95. Those who come from the heretics to the true faith, and to the portion of those who are saved, we receive according to the subjoined sequence and custom: the Arians, that is, and the Macedonians, and the Novatians, who call themselves Pure, and the Aristeri, and the Tessareskaidecatitai, or Tetradites; and the Apollinarists we receive by giving them libelli, and anathematizing every heresy which does not hold as the holy, universal, and apostolic Church of God holds; sealing—that is, anointing—first with the holy chrism their forehead, and eyes, and nostrils, and mouth, and ears; and as we seal them we say: "The seal of the gift of the Holy Spirit." But concerning the Paulianists, it has been determined by the Catholic Church that they should by all means be rebaptized. The Eunomians, too, who are baptized into a single immersion, and the Montanists, who are here called Phrygians, and the Sabellians, who think the Son is the same as the Father and perform other grave acts, and all other heresies, because there are many, and especially those who have come from the region of the Galatians, we receive all of them who wish to approach the true faith as Gentiles. And on the first day we make them Christians; on the second, catechumens; then on the third we adjure them, at the same time breathing three times into the face and ears; ^C and thus we initiate them, and make them dwell in the Church for a long time and hear the Scriptures, and then we baptize them. Furthermore, we must also cause the Manichaeans, and the Valentinians, and the Marcionites, and similar heretics to make libelli, and to anathematize their heresy, and Nestorius, and Eutyches, and Dioscorus, and Severus, and the rest of the leaders of such heresies, and those who feel the same as they do, and all the aforesaid heresies; and thus let them become participants in the holy communion.

Council of Nicaea II, canon 8.

That the Hebrews ought not to be received unless they convert with a pure and sincere mind.

8. Since those who wander from the religion of the Hebrews have appeared to mock Christ our God, pretending to be Christians, but in fact denying Him clancularly and secretly, keeping the Sabbaths and performing other Jewish rites, we decree that they should neither...

to communion, nor be admitted to the church, but let them be openly Hebrews according to their own religion; and let them neither baptize their children, nor buy or possess a servant. But if one of them should turn from sincere faith, and confess with his whole heart, showing contempt for their customs and affairs, as though celebrating a triumph, so that others might be refuted and corrected, let such a one be received and baptized, and his children, and let them be cautioned to abstain from Hebrew studies and institutes. But if they do not conduct themselves in this way, let them not be admitted in any manner. ^A

Basilii canon 47. 47. The Encratites and Saccophori, etc., as above, page 446.

CAP. XV. — Whether one possessed by a demon or delirious in sickness should be baptized.

CAP. XVI. — That a woman should not be baptized during the time of her purgation.

CAP. XVII. — What if a catechumen has communicated before baptism.

TITULUS V. CONCERNING THOSE WHO CONTEMN CHURCHES, AND SYNAXES, AND MEMORIALS, AND CONCERNING THOSE WHO HAVE CUSTOMS IN CHURCH AND CONCERNING AGAPAE.

167 TITULUS V. CONCERNING THOSE WHO CONTEMN CHURCHES, AND SYNAXES, AND MEMORIALS, AND CONCERNING THOSE WHO EAT IN CHURCHES, AND CONCERNING AGAPAE.

CAPUT PRIMUM. — Concerning those who teach that the house of God and synaxes and memorials are to be held in mockery.

and the congregations within it, let him be anathema. ^A

20. If anyone uses arrogant disposition, and abhors the congregations of the martyrs, or the liturgies being celebrated in them, and their memorials, let him be anathema. ^B

Concilii œcumenici sexti canones, 76, 88, 97.

76. That it does not befit one to set up a tavern or to propose kinds of food—or to do other sales—inside the sacred precincts, keeping their veneration for the churches. For our Savior and God, while instructing us through His life in the flesh, did not permit the house of His Father to be made a house of trade; who also poured out the coin of the money-changers and drove out those who were making the temple a bazaar [Matt. XXI, 12; Mark XI, 17]. If anyone, therefore, is caught in the aforementioned transgression, let him be suspended. ^B

88. Let no one bring any beast of burden whatsoever inside a holy temple, unless, perchance, a traveler, owing to some greatest urgency of necessity and lacking a small house or inn, should lodge in such a temple. For if the beast were not brought inside, it might at times perish, and the man, by the loss of the beast and the resulting lack of means to continue his journey, would be surrendered to the danger of death. For we are taught that the Sabbath was made for man; so that, through all things, we must consider the salvation and security of man to be preferred. And if anyone is caught bringing a beast into the temple without necessity, if he be a cleric, let him be deposed; if a layman, let him be suspended. ^C

97. Those who indiscriminately make the holy places common, and behave contemptuously toward them, and thus remain in them, we order to be cast out even from the places of the catechumens in the venerable temples. If anyone does not observe this, if he be a cleric, let him be deposed; if a layman, let him be suspended. ^C

Chapter II. — That agape feasts should not be held in churches.

Concilii Laodiceni canon 28. 28. That it is not fitting to provide the so-called agape in the Lord’s houses, or in the churches, and to eat inside the house of God and to spread couches. ^D

Concilii Carthaginensis canon 42. 42. Concerning not holding banquets in the churches. So that bishops or clerics are not to banquet in the churches, unless perhaps, by chance, they lodge there while passing through out of a necessity of hospitality; and the people also, as much as possible, are to be restrained from such banquets.

Concilii œcumenici sexti canones 74, 76, 97. 74. That it is not fitting in Lord’s houses or in churches...

in the churches to hold what are called *agapai*, that is, acts of charity, and to eat inside the temple and to spread out couches. ^A Let those who dare to do this either cease or be excommunicated. 76. That it is not permitted within the holy precincts, etc., as above p. 630. 97. Those who live with their lawful wife, etc., as above p. 630. And the 3rd provision in Title 12, Book 1 of the Code forbids those who take refuge at the temples to eat or sleep within the nave, but [permits them] to dwell safely within the outer doors, in the courtyards, and colonnades, and baths, and gardens.

Chapter 3. — On those who despise the agape feasts, and that one ought not to take portions away from them.

TITLE VI. ON THE OFFERING OF FRUITS.

Chapter 1. — Apostolic Canons 3, 4, 71.

^A we decree that henceforth nothing of the sort be done by the faithful. For this is no honor to the Virgin, who in a manner transcending mind and speech gave birth in the flesh to the Word who cannot be contained, that we should define, measure, and describe by common things, such as those that happen to us, the matters relating to her ineffable birth-giving. If, therefore, anyone from this time forward be detected performing such an act, if he be a cleric, let him be deposed; but if a layman, let him be excommunicated.

40. Furthermore, we have learned that this occurs in the region of the Armenians, that some, cooking pieces of meat inside the holy altars, offer them as portions, distributing them to the priests in the Jewish manner. Wherefore, we, guarding the immaculacy of the Church, do decree that it is not permitted for any of the priests to receive pieces of meat set apart by those who offer them, but let them be content with whatever it pleases the offerer to give, such offering being made outside the church. If any person does not act accordingly, let him be excommunicated.

Cyril from the epistle to Domnus, ch. 2. Regarding money which has been unjustly extorted, etc., as in p. 579. ^B

The 38th ordinance of the 3rd title of the 1st book says that it is not right for bishops or clerics to compel anyone to offer fruits, or to perform compulsory services, or for these reasons to excommunicate, or to anathematize, or to withhold communion, or not to baptize, even if such a custom has prevailed. But the transgressor forfeits his place in the Church and its administration, and shall give ten pounds. These things hold only in the royal city and its territory, and in the places belonging to the metropolitans who are ordained by the patriarch, ^C or to the bishops who are created by these metropolitans; read what is noted in ch. 1, tit. 2 of this work regarding offerings, and those things which are given or left to holy houses.

CAP. II. Who ought to receive or give the offerings of fruits, and concerning those who take wax or oil from the church.

Apostolic canon 72. 72. If any cleric or layman shall take away wax or oil from the holy church, let him be excommunicated, and let him add the fifth part to what he took.

Council of Gangra, canons 7, 8. 7. If anyone wishes to receive or give ecclesiastical offerings outside the Church, contrary to the mind of the bishop, or of him who has been entrusted with such matters, and does not wish to act with his consent, let him be anathema. 8. If anyone gives or receives an offering outside the bishop, or him who is appointed for the administration of charity, let both the giver and the receiver be anathema. ^D

Theophilus from the Commonitorium, canon 7. 7. Let the clergy distribute those things which are offered for the sake of sacrifice, after those things which are consumed for the use of the mysteries; and let neither a catechumen eat from them—

eat or drink of these, but rather the clergy and the faithful brothers with them. ^A

CAP. III. — Regarding those who offer something to Jewish synagogues or to the temples of the gentiles. Apostolic Canon 71. 71. [70.] If any Christian, etc., as on page 170. Const. 1, tit. 9, lib. 1 of the Code says that whatever is bequeathed to the community of the Jews is not to be demanded. And Const. 9, tit. 11 of the same book says that if anything is donated or left for the establishment of paganism, the city shall take it. ^B

TITULUS VII. ON FASTING, AND THE FORTY DAYS (QUADRAGESIMA), AND PASCHA, AND PENTECOST, AND THE LORD’S DAY, AND THE SABBATH, AND THE BENDING OF THE KNEES.

CAPUT PRIMUM. — On fasting, and on those things that are prohibited or permitted during the Lenten fast.

Of the Ecumenical Council VI, canons 29, 32, 55, 56, 89.

29. ^A The canon of those in Carthage says that holy altars should not be celebrated except by fasting persons, with the exception of the one day in the year on which the Lord’s Supper is celebrated; perhaps at that time, due to certain reasons in those places useful to the Church, those holy Fathers used this dispensation. Since, therefore, nothing induces us to abandon strict observance, we decree, following apostolic and paternal traditions, that it is not right to break the fast on the fifth day in the last week of the forty days, and to do injury to the whole forty days.

52. ^B In all the days of the holy forty days of fasting, except for the Sabbath, and the Lord’s Day, and the holy day of the Annunciation, let the holy liturgy of the Pre-sanctified be performed.

55. ^C Since we have learned that those in the city of the Romans, in the holy days of the forty days, fast on the Sabbaths of this period, contrary to the handed-down ecclesiastical order, it seemed good to the holy synod that the canon which says: "If any cleric is found fasting on the holy Lord’s Day or on the Sabbath, except for one and only one, let him be deposed; but if a layman, let him be excommunicated," should hold its force in the Roman Church also, without being shaken.

56. Likewise we have learned that in the Armenian land and in other places, some on the Sabbaths and on the Lord’s Days of the holy forty days of fasting eat also cheese. It seemed good, therefore, that this also should be corrected, so that the Church of God throughout the whole world, following one order, might perform the fast, and abstain as from every slaughtered thing, so also from eggs and cheese, which are the fruits and products of those things from which we abstain. But if they do not observe this, if they be clerics, let them be deposed; if they be laymen, let them be excommunicated.

89. ^D The holy days of the Savior’s passion, observing them in fasting and prayer and contrition of heart, the faithful ought to fast until the middle hour of the night after the Great Sabbath; since the divine evangelists Matthew and Luke, the one through the phrase "late on the Sabbath," and the other through "very early in the morning," describe to us the lateness of the night.

From the sermon of Peter on the Pascha, canon 15.

15. No one shall blame us for observing the fourth and sixth days, on which it is reasonably commanded us by tradition to fast; the fourth day because of the council held by the Jews for the betrayal of the Lord, and the sixth, because he suffered for us. For the Lord’s Day...

we keep as a day of joy, because on it he rose; on which we have not even received the tradition to bend the knee. ^A Const. 5, tit. 12, lib. 5, of the Code says, that during the forty days preceding Pascha, all investigation of criminal cases shall cease. And const. 6, that the seven days which precede Pascha, and the seven which follow it, are court holidays; as are also the days of Christ’s Nativity, and the Theophany, and the days of the passion of the Apostles, and the Lord’s Day: on such days, no spectacles shall be exhibited, nor judicial sentence be pronounced; and during the fifteen paschal days, neither shall any debt, whether private or public, be exacted. But const. 7 permits manumissions and emancipations to be performed during those fifteen days, and legal acts to be drawn up regarding them. And const. 8 says also that during Quadragesima and on the Paschal day, criminals, and especially Isaurians, may be examined by torture, so that they might reveal their accomplices. And const. 3, tit. 4, lib. 1, of the Code says that during the paschal days, no one shall be imprisoned or bound, except an adulterer, a malefactor, a ravisher of virgins, a violator of sepulchers, an enchanter, a counterfeiter of money, a murderer, a patricide, and a person accused of high treason. And that these are indeed always to be arrested, but for others, leniency is granted just once.

CAP. II. — That neither a woman after childbirth, nor one who is totally invalid from illness, is to be forced to fast during Pascha.

CAP. III. — Of the day and hour of Pascha and of the Theophany.

-^Ace of the piety of the most god-fearing emperor Constantine, concerning the holy feast of the life-giving Pascha, are to be excommunicated and cast out of the Church, if they should persist in contentiously opposing what has been rightly decreed. And let this have been said concerning the laity. But if any of those who preside over the Church—a bishop, or a presbyter, or a deacon—should dare, after this decree, to act separately for the subversion of the people and the disturbance of the Churches, and to perform the Pascha with the Jews, the holy synod has from this moment judged him to be an alien to the Church, as one who has not only heaped sin upon himself, but has also become the cause of destruction and subversion to many. And it not only deposes such persons from the ministry, but also those who dare to communicate with them after their deposition. Moreover, those who have been deposed are to be deprived of the external honor of which the holy canon and the priesthood of God have been partakers. ^B

Canons 51 and 73 of the Council of Carthage. That the day of Pascha should be announced from the Church of Carthage.

51. Honoratus and Urbanus, bishops, said: Since all matters in our letter of instruction are known to have been discussed, we add also the command given to us concerning the day of Pascha, that we may always be instructed by the Church of Carthage, as is customary, and not within a short space of time.

Aurelius the bishop said: If it seems good to your holiness, since we remember that we long ago promised that we should meet together to deliberate every year, when we have come together in one place, then the day of the holy Pascha shall be announced through the delegates who are present at the council.

Honoratus and Urbanus, bishops, said: Now, in the present assembly, we ask that you deign to inform our province by letter regarding this day.

Aurelius the bishop said: It is necessary that this be done.

That the day of Pascha is to be announced on the day of the council.

73. Likewise it was agreed that the day of the venerable Pascha should be made known to all through the subscription of the official letters; but the day of the council itself ^C should be kept as it was determined in the Council of Hippo, that is, the tenth day before the Kalends of September; for it is necessary that this should also be written to the primates of all the provinces, so that when they summon a council among themselves, they do not impede this day.

^A Canon 89 of the Sixth Ecumenical Council. The days of the saving passion, etc., as above, pag. 638. Canon 15 of Peter. 15. No one shall accuse us, etc., as above, pag. 638. Canon 1 of Dionysius from his epistle to Basilides.

1. But as these things stand, we declare to those who consider them more accurately and subtly at what hour, or even what half-hour or quarter-hour, one ought to begin the joy over the resurrection of our Lord from the dead. We blame those who are over-hasty and rise before midnight as being contemptuous and intemperate, as those who cut short the course almost before it is time, as the wise man says: “It is no small thing in life which is near to being nothing.” But those who defer and endure for the longest time, even holding out until the fourth watch, in which our Savior appeared walking on the sea to those who were sailing, we receive as noble and tolerant of labor. ^B To those who rest in the meantime, as they are stirred or as they are able, let us not be very troublesome, since not even the six days of fasting do all people observe equally or similarly; but some indeed pass through all of them, remaining fasting; others two, others three, others four, others none at all. And for those who have labored greatly in passing through these, then grow weary and almost faint, pardon must be granted for tasting food sooner. But if some, not only not having passed through [the days] but not even having fasted, and instead having lived in luxury during the preceding four days, then having come to the last two, and having abstained from food for them alone, Preparation [Friday] and the Sabbath, think they are doing something great and extraordinary if they remain until dawn, I do not believe that their struggle has been equal to those who exercised themselves for more days beforehand. These things, as I think and advise, I have written concerning them.

Theophilus, from his discourse on the Theophany, chapter 4. Concerning Panuph, etc., as above, page 547. CAP. IV. - That spectacles ought not to be held on the Lord’s day, nor ought one to bend the knee on that day, nor during the days of Pentecost; and that one should refrain from work on the Lord’s day as much as one is able, but not on the Sabbath; and that the holy Scriptures should be read on the Sabbath.

Canon 20 of the Council of Nicaea. 20. Since there are some who bend the knee on the Lord’s day and on the days of Pentecost, so that all things may be observed similarly in every parish, it has seemed good to the holy synod ^C that they should offer their prayers to God standing.

Canon 29 of the Council of Laodicea. 29. That Christians must not Judaize and rest on the Sabbath, but should work on that day; but preferring the Lord’s day, if they can

they may rest as Christians. But if they be found Judaizing, let them be anathema from Christ. ^A

Canon 81 of the Council of Carthage. On shows, that they should by no means be celebrated on the Lord’s Day or other feasts of the saints.

71. Furthermore, it must be requested that the shows for theatrical performances on the Lord’s Day and the other most celebrated days of the Christian faith be removed; especially because on the octave day of holy Pascha the crowds gather to the circus rather than to the church, [and we request] that their appointed days be transferred if they happen to fall on those days, and that no Christian should be compelled to attend these shows. ^B

Canon 19, 66, 90 of the Sixth Ecumenical Council. 19. That those who preside over the Churches must, on every day, but especially on the Lord’s Days, teach all the clergy and the people words of piety and true religion, collecting from the Divine Scripture the understandings and judgments of truth, and not transgressing the already established limits or the tradition of the God-bearing Fathers. And if any controversy concerning Scripture should be raised, let them not interpret it in any other way than as the luminaries and teachers of the Church have expounded in their own writings; and let them seek more praise from these than by constructing their own discourses, lest at times, being at a loss in this [self-constructed discourse], they fall away from what is fitting. For through the teaching of the aforementioned Fathers, the people, arriving at a knowledge of the things that are good and to be desired, and of those that are useless and to be rejected, amend their lives for the better, and are not caught by the vice of ignorance, but by applying their minds to the teaching, they rouse themselves so that no evil may happen to them, and through the fear of impending punishments, they work out their own salvation. ^C

66. From the holy day of the Resurrection of Christ our God until the New Lord’s Day, for the whole week, the faithful must spend their time in the holy churches without fail, rejoicing in Christ with psalms and hymns and spiritual songs, celebrating the feast, attending to the reading of the Divine Scriptures, and enjoying the holy mysteries. For thus shall we be resurrected and elevated together with Christ; therefore, let no horse races or any other public spectacle be performed on the aforementioned days.

90. We have received it canonically from our God-bearing Fathers to not bend our knees on the Lord’s Days, honoring the resurrection of Christ. ^D Therefore, so that we may not be ignorant of the plain meaning of this observance, we make it manifest to the faithful that after the evening entrance of the priests to the altar on Saturday, according to the custom which is observed, no one should bend the knee until the following

evening on the Lord's Day; on which, after the entrance at vespers, we again bend our knees, and thus we offer our prayers to the Lord. For taking the night that follows the Sabbath as the precursor of our Savior's resurrection, we begin our hymns from that point spiritually, moving the feast from darkness into light; so that in a complete and whole day and night we may celebrate the resurrection. ^A

Petri canon 15. 15. Let no one reproach us, etc., as above page 638.

Theophili ex edicto de Theophania. And custom and honesty demand of us that we honor every Lord's Day, and celebrate it, since on it our Lord Jesus Christ bestowed upon us the gift of his resurrection from the dead. And therefore in the Holy Scriptures it is called "the first," as being the beginning of life for us, and "the eighth," as having surpassed the Sabbatism of the Jews. Since, therefore, it happened that this day was to be kept as a fast for the holy Theophany, let us use discretion and proceed wisely in regard to both, so that by taking a few dates, we may at once avoid the heresies which do not honor the day of the resurrection of our Lord Jesus Christ, and yet pay what is due to the fast day, awaiting the vesper assembly, which is carried out here, God willing; let us therefore gather here from the ninth hour. ^B

Textus. Const. 6, tit. 12, lib. 3, Cod. It says that the Lord's Day is a day of rest; and Const. 9 of the same title states that on that same day no one is to be summoned for debt, or from anyone surety be demanded, [nor] public or private debt extorted; nor is there to be legal action; nor scenic spectacles, an arenarian hunt, or a circensian contest celebrated. Moreover, if the birthday of the emperor falls on the Lord's Day, the spectacles are to be deferred. Whoever attends spectacles on the Lord's Day, and whoever as an official has transgressed the law, is to be deprived of his military service, and his patrimony proscribed. It is, however, permitted to make compacts and settlements on that day. It is stated, moreover, in lib. 1, tit. 9, const. 2 and 13, that Jews on the Sabbath, and on their other feast days, neither perform corporal service, nor do any work, nor are they brought to court for any public or private cause, nor do they bring Christians to court. ^C

CAP. V. — Why we bend the knee; why we do not do so on the Lord's Day or during the time of Pentecost: and why we pray with our faces turned toward the east.

Basilii ex quo de Spiritu sancto ad Amphilochium scripsit. Of the dogmas kept in the Church, etc., as page 462. And after other things. And this is the reason, etc., as above 462. Likewise, we perform our prayer standing, etc., as page 462. ^D

TITLE VIII. OF PARISHES, AND HOW BISHOPS AND CLERGY SHOULD BEHAVE, AND OF THEIR TRAVELS, AND OF ANNUAL SYNODS, AND OF RECEIVING GUESTS, AND OF DOCTRINE, AND ALSO OF COMMENDATORY AND PEACEFUL EPISTLES, AND WHAT THEY DO PRIVATELY OR PUBLICLY, AND HOW CLERGY SHOULD HONOR ONE ANOTHER.

^ACAPUT I. — De parœciis et de invectis principum decreto novitatibus.

Concilii Chalcedonensis canon 17. 17. Let rural or local parishes remain firm and unshakeable in the possession of the bishops who hold them, and especially if they have administered them for thirty years without violence. But if within thirty years there has been or shall be any dispute concerning them, it is permitted to those who claim to have suffered injury concerning them to bring the matter before the synod of the province. But if anyone is injured by his own metropolitan, let him litigate before the exarch of the diocese or the throne of Constantinople, as has been said before. But if also any city has been or shall be newly established by imperial authority, the order of the ecclesiastical parishes shall follow the civil and public forms. ^B

Concilii Carthaginensis canones 53, 56, 64, 71, 75, 82. That dioceses, unless by the consent of their own bishop, should not receive another bishop.

53. Epigonius the bishop said: In many councils it has been decreed by the priestly assembly that the multitudes in the dioceses held by bishops, which have never had their own bishop, should not receive their own guides—that is, bishops—except by the consent of the bishop by whom they were held from the beginning; ^C because some, through having attained a sort of tyranny, abhor the communion of their brethren, and when they have become depraved, they vindicate to themselves a lordship as if in a certain tyrannical citadel: for many, puffed up and foolish, even among the presbyters, raise their necks against their own bishops, inciting the multitude with banquets and malicious counsels, so that ^D with disorderly affection they might wish to establish them as their own guides. And we hold this to be a notably desired thing in your mind, most religious brother Aurelius, who have often suppressed these things, not regarding

^A their bad thoughts or the base counsels agreed upon—I say this, that the congregation which has always been subject to the ancient bishop and has never had its own bishop, ought not to receive a leader ^B of its own. Wherefore, if this which I have set forth pleases the whole most holy assembly, let it be confirmed.

Aurelius the bishop said: I do not resist the motion of our brother and fellow-priest; but I confess that I have both done and will do this regarding those truly who are in concord, not only with the Carthaginian Church, but with the entire priestly body. For there are very many who conspire with their own congregations, which they deceive, as has been said, by tickling their ears, flattering them to lead them astray; they are men of vicious life, or certainly puffed up, and separated from this body, who think they ought to brood over their own people; and sometimes, when summoned to a council, they refuse to come, fearing perhaps that their ^C shameful deeds might be laid bare. I say, if it pleases you, that regarding these men, not only are the dioceses not to be kept, but also that we must strive by all means, even with public authority, to have them rejected from their own Church, which has favored them in its wickedness, and removed from the very principal cathedras. For it is right that he who has adhered to all his brethren and the whole council, should possess not only his own [see] with full right, but also his dioceses. But those who think their own people suffice for them, and who, despising brotherly love, have not only lost their dioceses, but, as was said, even lack public authority in their own [churches] because they are rebels—let them be cast out.

Honoratus and Urbanus, ^D bishops, said: The highest foresight of your holiness has reached the minds of everyone, and I think that what you have deigned to propose should be confirmed by the response of all.

All the bishops said: It pleases us, it pleases us.

That bishops who have been ordained in dioceses may claim no diocese for themselves.

56. Honoratus and Urbanus the bishops said: We have heard the decision, that dioceses do not deserve to receive bishops, except by the consent of him under whom they were constituted: but in our province, when some have perhaps been ordained bishops in a diocese, with the consent of that bishop in whose power they had been placed, they then also claim dioceses for themselves: this ought both to be corrected by the judgment of your charity, and inhibited for the future.

Epigonius the bishop said: It has been observed for each bishop, as was fitting, that nothing should be snatched from the mass of dioceses, so that he might [not] have his own bishop

unless he himself has given consent to the concession. For it is enough if he has consented, that the same diocese which has been permitted should have its own bishop, and not claim for itself other dioceses; because, having been taken from the mass of many, it alone merited to receive the honor of a bishopric. ^A

Aurelius the bishop said: I do not doubt that it pleases the charity of you all that he who has been appointed bishop in the diocese by the concession of the former bishop, who held the mother church, should retain only that same people among whom he was ordained. Since, therefore, I believe that all matters have been thoroughly treated, if all things have met with your approval, confirm everything with your voice.

All the bishops said: These things have pleased us all, and we confirm them by our subscription.

And they subscribed. Aurelius, bishop of the Church of Carthage: I have consented to this decree, and having read it, I have subscribed. Similarly, the other bishops also subscribed. ^B

In this council, it was determined that a bishop should not travel without a commendatory letter. ^C

Under the consulship of the most illustrious Caesarius and Atticus, on the sixth day before the Kalends of July, at Carthage, it was agreed that no bishop should travel without a commendatory letter from the primate.

He who seeks the acts in the authentic copies will find them.

From this council, the legates to the emperors, the bishops written below, were sent.

Concerning manumissions to be celebrated in the Church, it must be asked of the emperor.

64. Concerning manumissions, clearly those to be proclaimed in the Church, if our fellow priests throughout Italy are seen to be doing this, and our confidence is manifest that their order should be followed: upon the granting of clear permission, with a legate being sent, so that whatever it may be possible to accomplish with due faith for the state of the Church and the salvation of souls, we shall praiseworthily accept these things in the sight of the Lord. All of which, if they please your holiness, decree; so that I may perceive that my suggestion is ratified by you, and that their sincerity may gladly accept our common consent. ^D

It was said by all the bishops: All these things that are enjoined to be carried out, and prudently expounded by your holiness, are pleasing to all, and ought to be executed.

190 On those who abandon their own peoples.

On defenders of the Churches to be requested from the emperor.

On manumissions.

Canons 25, 36, 37, 38, 39 of the Sixth Ecumenical Council.

The text of Constitution 6, title 2, book 1, of the Code says that whatever canonical doubts emerge throughout the whole of Illyricum, they ought not to be decided without the knowledge of the prelate of the city of Constantinople, which has the prerogatives of ancient Rome, and of his priestly assembly. ^D Moreover, constitution 16, title 2, of the same book abrogates whatever was instituted during the time of the tyranny against Zeno to the prejudice of the priests or the ecclesiastical state, and which were done against the sanctions of former princes; it renews what obtained before, and says that the Constantinopolitan holds the precedence before others. Constitution 35, title 3, book 3, says that each city [should have] its own bishop.

And if anyone should dare, by means of an imperial decree, to deprive a city of its own bishop, or of its surrounding territories, or of any other right, he shall be stripped of his assets and rendered infamous. The city of Tomis in Scythia is, however, excepted; for its bishop also takes charge of the remaining cities. Likewise, Leontopolis of Isauria is under the bishop of Isauropolis. That Constantinople also possesses the privileges of ancient Rome is stated also in Book 11 of the Code, title 21, constitution 1, and it alone. But Constitution 1 of title 17 of Book 1 of the Code says that it is called Rome itself.

CAP. II. — That a bishop may not travel rashly, nor a cleric live in an alien parish.

Apostolic Canons 14, 15.

14. It is not permitted for a bishop to abandon his own parish and cross over to another, even if he is compelled by many, unless there is some reasonable cause that compels him to do so, such as being able to confer some greater profit to those who live there by the word of piety; and this not of his own accord, but by the judgment of many bishops and with the greatest entreaty.

15. If any presbyter, or deacon, or anyone at all from the list of the clergy, having abandoned his own parish, goes away to another, and having moved completely, persists in another parish against the will of his own bishop, we command him to officiate no longer; especially if he has not obeyed his own bishop who calls him back to return, persisting in disorder; let him, however, communicate there as a layman.

Council of Ancyra, canon 18. If any bishops who have been ordained, etc., as above, pag. 506.

Council of Antioch, canons 3, 13, 22.

3. If any presbyter, or deacon, or anyone at all of the priesthood, having abandoned his own parish, goes away to another, and then, having moved completely, attempts to reside in another parish for a long time, he shall no longer officiate, especially if his own bishop calls him and exhorts him to return to his own parish, and he does not obey; and if he persists in his disorder, he shall be entirely deposed from his ministry so that he no longer has room for restoration. But if another bishop receives one who has been deposed for this reason, he too shall be penalized by a common synod, as one who dissolves the ecclesiastical traditions.

13. Let no bishop dare, etc.

22. A bishop shall not enter an alien city, etc.

Council of Laodicea, canons 41, 42.

41. That one must not let a member of the clergy or a cleric go on a journey without canonical letters.

^A Council of Constantinople, canon 2. 2. Bishops who are outside their diocese, etc., as above, page 470. Council of Chalcedon, canons 13, 23. 13. Foreign clerics and readers, in another city, shall not be allowed to minister in any way whatever without letters of commendation from their own bishop. 23. It has come to the ears of the holy synod that certain clerics and monks, having been entrusted with nothing by their own bishop—and sometimes even having been excommunicated by him—make their way to the imperial city of Constantinople, spend a long time there, creating disturbances and troubling the ecclesiastical order, and overthrow the houses of some. Therefore, the holy synod has decreed that such persons be first of all warned by the Defender of the most holy Church of Constantinople to depart from the imperial city. And if they persist in the same behavior, they are to be cast out by the same Defender, and to return to their own places even against their will. ^B Council of Sardica, canons 3, 11, 12, 16. 3. Bishop Hosius said: This also is necessary to be added, etc., as above, page 471. 11. Bishop Hosius said: We must also define this, etc., as above, page 606. 12. Bishop Hosius said: Since nothing should be omitted, let this also be defined. Certain of our brothers and fellow-bishops, in the cities where they are appointed as bishops, seem to possess very little of their own, but in other places they have large estates from which they are also able to provide aid to the poor. I judge therefore that it should be conceded to them that, if they intend to visit their own estates and harvest their crops, they may spend three Lord’s days, that is, three weeks, on their own properties. And in the church that is nearby, where a presbyter gathers the people, so that they may not appear to be without a congregation, they may gather and perform the divine offices; and they should not be absent too frequently from the city in which the bishop is stationed. For in this way, their own affairs will suffer no detriment on account of their absence, and they will appear to avoid the charge of arrogance and pride. All the bishops said: This constitution also pleases us. 16. Bishop Aetius said: You are not unaware of how great the metropolis of the Thessalonians is. Often, therefore, presbyters and deacons come to it from other provinces, and not satisfied with a short stay, they remain, and continue to spend all their time there; or they are scarcely forced to return to their own churches after a very long time. It must, therefore, be defined concerning them.

^A All the bishops said: "It pleases us." Hosius the bishop said: "Let these decrees, which have been established concerning the bishops, be observed also regarding these persons."

Canons of the Council of Carthage 23, 71, 74.

That bishops should not travel across the sea.

23. Item, that bishops shall not travel across the sea, unless they have consulted the bishop of the first see of their own province, that is, unless they receive from him the document which is called "formata," or a letter of recommendation.

Concerning those who abandon their own people.

71. Again it seemed good that it be not permitted to any bishop...

That an intercessor bishop should not hold the cathedra where he is an intercessor.

74. Item, it has been decided that it is not permitted for any intercessor to hold the cathedra to which he is appointed as an intercessor, by reason of any of the people's attachments or seditions; rather, he should strive to provide them with a bishop within a year. If he neglects this, after the year has expired, another intercessor is to be appointed.

Canons of the Sixth Ecumenical Council 17, 18, 20.

17. Since clergy of various Churches, etc., as above, p. 546. 18. Those who, on the pretext of a barbarian incursion, etc., as p. 547. 20. It is not permitted for a bishop to go to another, etc., as ibid.

Canon 10 of the Second Council of Nicaea.

That clergy ought not to abandon their own diocese and arrive in another without the knowledge of the bishop.

10. Since some of the clergy, circumventing the canonical ordinance, abandon their own diocese and run off into another—and most of all into this God-guarded and imperial city—and sit with the rulers, performing divine mysteries in their oratories, it is not permitted to receive these into any house or church without the consent of their own bishop and of the bishop of Constantinople. If anyone should do this and persist, let him be deposed. However, as for those who do this with the consent of the aforementioned priests, it is not permitted for them to undertake secular and worldly responsibilities, as they are prohibited from doing so by the divine canons. If any of them are found holding the so-called "greater" responsibilities, that is, as trustees, let them either cease or be deposed; rather, let them devote themselves to the teaching of children and servants, reading the divine Scriptures to them, for it is to this purpose that they attained the priesthood. ^D

^A

Canon 16 of the Synod which is called First and Second, assembled in Constantinople in the Church of the Holy Apostles.

On account of contentions and tumults, etc., as on page 486. ^B

Constitution 42, title 3, book 1 of the Code says: No bishop shall [come to] Constantinople for any business whatsoever without the command of the emperor, but he shall send apocrisiarii. He who transgresses is removed [from the priesthood] and incurs indignation. But Constitution 1, title 1 of the Novels says: No bishop shall be absent from his Church for more than a year, unless by imperial command; let the patriarchs compel them to remain in their own Churches. But if any person is absent beyond a year without an imperial command, let the patriarch of that region, observing the prescriptions of the sacred canons, summon him with customary edicts; and if he remains altogether disobedient, let him depose him from the episcopacy and appoint another. But if it is not a metropolitan, but another bishop who is absent, let the metropolitan do ^C what has been said regarding him. But if they plead that they must leave their Church on account of a personal or ecclesiastical lawsuit, let them send formal petitions to the imperial majesty through their stewards, clerics, or apocrisiarii, in order to obtain what they desire in ecclesiastical matters. Therefore, before a bishop has received the letters of commendation (as they are called), which bear witness to the necessity of his travel, from his metropolitan to the imperial majesty in accordance with the canons, let him not come to Byzantium. Let the metropolitan who is to travel receive patriarchal letters, and let them not refer [their business] by themselves to the imperial majesty; but let them communicate with the patriarch or the apocrisiarii of their own jurisdiction, and enter [to the emperor] with them. It is permitted to them, however, also to refer to the emperor through the referendaries of the great Church or through the apocrisiarii of these patriarchs.

Furthermore, Constitution 7 of the same title 1 of the Novels says: If a bishop has left his Church for a long time, let the steward not provide him with expenses; but let such expense be provided for ecclesiastical and pious causes. And constitution 3 of the same title says: If a bishop goes to Constantinople without the letters of his patriarch, he makes himself an alien to his habit. ^D

But Constitution 2 of the same title of the Novels says: Bishops who are about to travel for a necessary cause shall receive letters from their patriarchs or metropolitans, or shall travel by the command of the imperial majesty; and those who are subject to the patriarch of Constantinople shall not go to him without his permission. He who travels in this way shall not leave his Church for more than a year. Any bishop who arrives in Constantinople shall enter to the patriarch, and through him to the emperor. Against those who act otherwise, or who travel beyond the [permitted] time, let the stewards not provide expenses, and let the priests under whom they are registered exhort them through letters to return; if they delay, [they shall summon them] to the contests of [judicial]...

^A procedure, and if they do not return within the appointed time, let them be expelled and others ordained. The same holds also for clerics of any rank whatsoever. The 12th constitution of the same title of the Novels commands that, if clerics depart from any Church, others who are substituted in their place shall receive their rations; and if they return, they shall not receive them, nor shall those who provide this kind of distribution profit from them. But if [the distributors] embezzle anything from the rations, a definite portion of their possessions shall be assigned to the prince’s private estate, so that the distribution of the rations may be made from that.

CAP. III. — That bishops ought to investigate the causes for which bishops passing by them are traveling.

Canon 20 of the Council of Sardica

All answered: This opinion is suitable and pleases us. Moreover, this ^C will be most known and observed in practice if each of us bishops who are appointed near public roads or the thoroughfare inquires into the cause of a passing prelate, and whither he is traveling. And if he finds him setting out for the imperial court, let him inquire into the conditions mentioned above; and if he comes summoned, let no obstacle be made to him as he departs. But if he hastens to the court for the sake of ostentation, as has been said to your charity above, or because of the requests of some, let him neither sign his letters nor communicate with such a person. All said: Let this also be decreed.

CAP. IV. — Concerning bishops or clerics traveling to the emperor or his court.

Canons 11 and 12 of the Council of Antioch.

let him do so with deliberation and the judgment of the metropolitan of the province and of those who are in it, and let him set out furnished with their letters. ^A

12. If any presbyter, or deacon, or even a bishop, who has been deposed by his own bishop, or by a synod, dares to cause annoyance to the ears of the emperor, when it is fitting that he should turn to a greater synod of bishops and refer the justice which he thinks he has to more bishops, and await their examination and judgment: whoever, therefore, having despised these things, shall be troublesome to the emperor, he is worthy of no pardon, neither let him have a place for defending himself, nor let him expect any hope of future restoration. ^B

Canon 7, 8, 9, 20 of the Council of Sardica

7. Hosius the bishop said: Our intemperance, and much assiduity, and unjust requests have caused us not to have as much grace and freedom of speech as we ought to have. For many bishops do not cease to be present at the camp, and especially the Africans, who, as we have learned from our beloved brother and fellow-bishop Gratus, do not accept wholesome counsels, but so despise them that one man carries to the camp very many and various petitions which cannot benefit the Churches, and does not (as ought to be done and as is fitting) bring aid and assistance to the poor, and to laymen, or to widows, but seeks to acquire secular dignities and functions for certain people. This perversity, therefore, brings us no small danger and condemnation. I have thought it more convenient, therefore, that a bishop should offer his own aid to anyone who is subjected to violence by somebody, or if any widow is treated with injustice, or if any orphan is deprived of those things that belong to him; if indeed these names have a just cause and petition. If, therefore, beloved brethren, this seems good to all, decree that no bishop should be present at the camp, except for those whom our most pious emperor may call by his own letters. But since it often happens that some who are in need of mercy betake themselves to the Church, those who because of their own sins have been condemned to reclusion or deportation to an island, or have been given over by any other sentence; to such, help is not to be denied, but without hesitation and doubt one must seek pardon for such persons. If, therefore, this also is pleasing, all of you give your vote. All answered: Let this also be decreed.

8. Hosius the bishop said: Let your sagacity also judge this, that since it has been decided, so that no bishop who comes to the camp may fall under any condemnation, if any of them should have such petitions of the kind we have mentioned above, they should send them by their own deacon. For the person of the minister is not odious, and what is granted will be able to be conveyed more quickly. All answered: Let this also be decreed. ^{C D}

^A 9. Hosius the bishop said: I also think it consistent that if in any province bishops send petitions to their brother and co-bishop, the one who is in the greater city, that is to say the metropolis, should himself send his minister and the petitions, providing him with commendatory letters, writing obviously in accordance with this to our brothers and co-bishops who at that time may be in the places or cities where our most pious emperor governs public affairs. But if any of the bishops has friends in the palace court and wishes to obtain something which is most seemly to request, he should not be forbidden to request it through his own deacon, nor to give instructions to those whom he believes would wish to offer him their good assistance. Those, however, who arrive in Rome, as I have said before, must provide the petitions they have to our beloved brother and co-bishop Julius, so that he may first examine whether any of them are shameless; and thus, offering his own patronage and care, he may send them to the imperial camp. All the bishops answered that this advice pleased them and was very fitting.

^B 20. Gaudentius the bishop said: These things [are] salutarily [established], etc., as on page 666. Also, this will be most clearly known from there, etc., as on page 666. All said: Let this also be decreed.

Canons 104 and 106 of the Council of Carthage

Concerning those who seek from the emperor the cognizance of public trials

104. It pleased [the council] that whoever seeks from the emperor the cognizance of public trials should be deprived of his own honor; but if he asks the emperor for an episcopal judgment, let it not stand against him.

^C 204. That those proceeding to the court should take care to intimate their case either to the bishop of Carthage or to the Roman pontiff.

106. It pleased [the council] that anyone who wishes to travel to the court must be made known in the commendatory letter which is sent to the Church of the city of Rome, and that he may receive from there a commendatory letter for the court. But if a person, receiving a letter for Rome only, and keeping silent about the necessity for which he must travel to the court, wishes immediately to proceed to the court, he shall be removed from communion. But if a sudden necessity arises for him there in Rome to travel to the court, he shall set forth that very necessity to the bishop of the city of Rome, and shall carry with him the rescripts of this same Roman bishop. ^D Moreover, the commendatory letters which are given by primates or by any bishops whatsoever to their own clergy must contain the date of Easter: but if as yet the day of Easter of that year is uncertain, the previous one shall be added, in the way it is accustomed to be inscribed after the consulship in public records. It also pleased that, against the Donatists and pagans,

and their religions, the legates sent from this glorious council should obtain whatever they might see to be useful from the most glorious princes. It further pleased, at the request of all the bishops, that your Holiness alone should subscribe to all the letters to be issued by the council. And they subscribed. Aurelius, bishop of Carthage, said: "I have consented to this present decree, and having read it, I have subscribed." Likewise the rest of the bishops subscribed.

CAP. V. — On the reception of guests, and on peaceful and commendatory letters.

Apostolic canons 12, 33.

12. If any clergyman or layman, who has been excommunicated or otherwise not received, shall depart and be received in another city without letters of commendation, let both the one who received him and the one who was received be excommunicated.

33. No strange bishop, or presbyter, or deacon shall be received without letters of commendation; and when they are produced, let them be examined, and if they are heralds of piety, let them be received. If not, supply them with what is necessary, but do not admit them to communion; for many things are done by surprise.

Canons of the Council of Antioch 7, 8, 11.

7. Let no stranger be received without letters of peace.

8. Nor should presbyters who are in the country districts send canonical letters, or send letters to bishops only who are neighbors; but let the chorepiscopi, who are beyond reproach, give letters of peace.

11. If any bishop, or presbyter, or any one at all of the canon, etc., as above, page 666.

Canons of the Council of Laodicea 41, 42.

41. That a priest or cleric must not travel without canonical letters.

42. That a priest or cleric must not travel without the permission of the bishops.

Canon 13 of the Council of Chalcedon.

13. Foreign clergymen and readers in another city, etc., as page 659.

Canon 9 of the Council of Sardica.

Hosius the bishop said: I also think this is consistent, etc., as page 667.

Canon 23 of the Council of Carthage.

That bishops must not travel beyond the sea.

Item, that bishops must not travel beyond the sea, etc., as above, page 662.

Canon 17 of the sixth Ecumenical Council.

Since the clergymen of various Churches, etc., as page 545.

CAP. VI. — In what respect peaceful letters differ from commendatory letters.

Canon 11 of the Council of Chalcedon.

All the poor, and those who stand in need of assistance,

^A should travel only with peaceful ecclesiastical letters, and not with commendatory ones; since it is fitting that commendatory letters be provided only for those persons who are under suspicion.

Council of Carthage, canon 106. That those traveling to the imperial court should endeavor to make their case known to the bishop of Carthage or the Roman pontiff.

106. It has pleased [the council] that anyone whatsoever going to the imperial court, etc., see page 680.

CAP. VII. — To whom bishops ought to give aid; and concerning bishops, presbyters, and deacons who do not provide for the ecclesiastical poor.

Apostolic canon 59. 59. If any bishop or presbyter, when a member of the clergy is in need, does not supply the necessary things, let him be excommunicated; but if he persists, let him be deposed as someone who has killed his brother.

Council of Sardica, canon 7. 7. Hosius the bishop said: Our untimeliness [in arriving], etc., see page 667. Indigent heretics do not receive from the courts or the Churches those things which are called honorary, as in Book I, tit. 5, const. 8.

CAP. VIII. — Concerning synods, and those who do not attend them.

Apostolic canon 37. 37. A synod of bishops shall be held twice a year, and ^C they shall examine among themselves the decrees of religion and resolve occurring ecclesiastical controversies: once, indeed, in the fourth week of Pentecost, and a second time on the twelfth of Hyperberetæus, that is, according to the Romans, October.

Council of Nicaea, canon 5. 5. Concerning those who have been segregated from communion, whether of the order of clergy or of the laity, by the bishops in each province, let the opinion hold according to the canon which pronounces that those who have been ejected by some should not be admitted by others: but let it be examined whether they have been cast out of the congregation by pusillanimity or contention, or some such bitterness of the bishop. That this may therefore receive a proper examination, it has seemed right ^D that in each province twice a year synods should be held, so that when all the bishops of the province have gathered together in the same place, such questions may be examined, and thus those who are agreed to have offended the bishop may be seen by all to be justly separated from the congregation, until it seems good to the congregation of bishops to put forth a more humane judgment on their behalf. But let the synods take place, one indeed before the Lenten season, that, with all defilements of the soul removed, a pure gift may be offered to God; but the second in the autumn season.

^A

Canon 20 of the Council of Antioch.

Canon 40 of the Council of Laodicea.

Concilii Chalcedonensis canon 19.

Canons 18, 73, 76 of the Council of Carthage.

Concerning bishops who do not attend councils.

to be content with the communion of their own Church.

That a general council should not be held except by necessity.

95. It was decided that there should no longer be an annual necessity for the brethren to be worn out, but as often as a common cause—that is, of all Africa—shall demand, whenever letters shall be given from anywhere to this see regarding this matter, a synod ought to be gathered in that province where opportunity shall persuade; but causes that are not common should be judged in their own provinces.

^B From the Eighth Canon of the Sixth Ecumenical Council.

8. Desiring that all things established by our holy Fathers should also remain valid and firm among us, we also renew the canon that orders that for every province the synods of bishops be held annually, where the metropolitan bishop shall have judged better. But because, on account of the incursions of the Barbarians and certain other incident causes, those who preside over the Churches cannot hold synods twice in the year, it has seemed good that, by all means, once in the year—on account of ecclesiastical questions arising, as is likely—a synod of the aforementioned bishops should be held in each province, from the holy feast of Pascha up to the completion of the month of October in each year, in the place which, as has been said, the metropolitan bishop shall have judged more suitable. And those bishops who do not attend, while they are in their own cities and are in health, and are free from every unavoidable and necessary business, should be fraternally rebuked.

^C From the Sixth Canon of the Second Council of Nicaea.

Concerning the holding of a provincial synod from time to time.

6. Since there is a canon saying that canonical questions ought to be held twice in the year through the gathering of bishops in each province; because of the distress and the insufficiency of those who were gathered for the journeying, the Fathers of the sixth holy synod determined that, at all events and whatever the cause deferred, it be held once in the year, and that shortcomings be corrected. This canon, therefore, we also renew: and if any magistrate be found preventing this, let him be excommunicated. If, however, any metropolitan shall not ensure that this is done, except through force or necessity or some reasonable cause, let him be subjected to canonical penalties. When, however, a synod is held regarding canonical and evangelical matters, it is necessary that the gathered bishops give great care and diligence to the end that the divine and life-giving commandments of God be kept. For in keeping them there is great reward: for the commandment is a lamp, and the law a light, and the way of life is reproof and discipline; and the commandment of the Lord is clear, enlightening the eyes. And it is not permitted for the metropolitan to exact

any other form of payment; and if he is caught having done this, he shall pay quadruple. ^A

The 7th and 17th ordinances of the 1st title of the Novels wish for synods of the metropolitans to be held under the patriarchs, and of the bishops under the metropolitans, once or twice a year, in June or September; in which the causes that bishops, clergy, and monks have against one another are to be examined; and for matters concerning the faith, the canons, and ecclesiastical affairs, and other things, and for such things as are committed against the canons to be corrected. And the magistrates and their officials, if they do not urge the metropolitans and bishops who procrastinate in holding the synods, or do not report it to the emperor, shall be punished with the ultimate penalty. ^B

CAP. IX. — That a bishop or cleric should not rashly emancipate his own children.

Canon 35 of the Council of Carthage.

That bishops, or clerics, should not easily emancipate their children.

35. That bishops or clerics should not allow their children to depart from their power through emancipation, unless they are secure regarding their morals and age, so that their sins may henceforth pertain to them.

CAP. X. — How bishops may reclaim for themselves places occupied by heretics.

Canon 121 of the Council of Carthage.

Concerning those who neglect the congregations pertaining to them.

121. Likewise, it pleased that whoever neglects, for the sake of winning them to the Catholic unity, the places pertaining to their own see, should be summoned by the diligent neighboring bishops, that they may not delay in doing so. But if within the time limit of six months, from the day of the meeting concerning this, they accomplish nothing, they shall be ceded to whoever can win them over. Thus, however, that if he to whom they were seen to pertain ^C can prove that the negligence of the other was chosen purposefully so that they might be with the heretics with impunity, and that his own diligence had been anticipated, so that in that way his more anxious care might be avoided, when the judging bishops have learned this, they shall restore the places to his own see. Sane, if the bishops between whom the cause is being contested are of different provinces, he in whose province the place about which the dispute is held is located shall appoint the judges. If, however, they choose neighboring judges by common consent, either one shall be chosen, or three: so that if three are chosen, they shall follow the judgment of all, or of two.

The 37th Novel says: Let the Churches of Africa firmly hold their possessions; and if pagans or heretics ^D

have any of them, whether houses or vessels, let them be taken away from them, regardless of any prescription of long time. ^A

CAP. XI. — Readers shall not greet the people.

Council of Carthage, canon 16: That no bishop, etc., as on page 550.

CAP. XII. — Concerning bishops who do not convert heretics to orthodoxy; and concerning bishops and clerics who do not instruct the people; and that a bishop stands as an intercessor for the people before God; and when, because of the people's sin, the clergy are excommunicated.

Apostolic canons 36, 39, 58.

39. Let presbyters and deacons do nothing without the consent of the bishop; for he is the one trusted with the people of the Lord, and it is he from whom an account will be required for their souls.

58. ^B Let a bishop or presbyter who neglects the clergy or the people, and does not instruct them in piety, be excommunicated; but if he persists in his sloth, let him be deposed.

Council of Carthage, canons 123, 124: That if a bishop neglects his own diocese, he shall be deprived of communion.

123. If in the mother churches, that is, in the cathedrae, a bishop is found negligent against heretics, he shall be admonished by the diligent neighboring bishops, and his own negligence shall be pointed out to him, so that he may have no excuse. But if, from the day he is admonished, he does not take care within six months, provided an executioner is present in his province, to convert them to the catholic ^C unity, he shall not be communicated with until he fulfills this. But if the executor does not come to those places, it shall not be imputed to the bishop.

Concerning bishops who lied about having communicated with the Donatists.

124. If it is proven that such a one lied concerning their communion, by saying that they had communicated with those who it is shown to his own knowledge did not communicate, he shall also lose his bishopric.

Council VI Ecumenical, canon 19: That those who preside over churches ought, etc., as above on page 646.

CAP. XIII. — Concerning bishops and clerics who engage in any public or private business, or leasing, or stewardship.

Apostolic canon 6, 81: ^D Let a bishop, or presbyter, or deacon not take upon himself worldly cares; otherwise let him be deposed.

^A 81 [80]. We have said that a bishop or presbyter should not demean himself to public administrations, but remain occupied with ecclesiastical needs; let him therefore be persuaded not to do this, or let him be deposed; for no one can serve two masters, according to the Lord’s exhortation.

Canon 3 of the Council of Chalcedon

Canon 16 of the Council of Carthage

Canon 10 of the Second Council of Nicaea

Canon 11 of the Synod which is called First and Second, gathered in Constantinople in the Church of the Holy Apostles

The text of the Code, lib. 1, tit. 3, const. 17, forbids clerics to have access to public actions or those pertaining to the curia. And const. 40 of the same title forbids defenders of the churches to register final wills, and imposes a penalty of fifty pounds [of gold] on those who transgress. And the same title says that bishops, presbyters, deacons, and subdea-

subdeacons and monks, even if they do not have ordination, have complete immunity from tutelage and curatorship, provided they occupy themselves with their churches and their monasteries, and do not neglect the divine ministry. The second constitution of the first title of the Novellae says that a bishop or a monk may not become a guardian. But other clerics may be guardians of their own relatives, if within four months they accept the guardianship of their own free will before the competent judge, and they are not prejudiced regarding other guardianships. Nor shall they be tax collectors, or farmers of revenues, or stewards of others' estates, or house curators, or agents in a lawsuit, or sureties. For such matters, a bishop, or an oikonomos, or another cleric, may act in his own name, or in the name of his church or monastery. They may rent out or lease in emphyteusis properties adjacent to these venerable houses, provided all the monks and clerics in the contract or deed consent and manifest that what is done is beneficial. These venerable houses themselves may also lease or give in emphyteusis to their own clerics, except for persons prohibited by another law, and may receive the same from clerics. ^B Whosoever acts contrary to this, if he is a bishop, all his property shall be adjudicated to his church; but if he is an oikonomos or another cleric, he shall suffer a monetary penalty as determined by his bishop. Those who have entrusted administrations to them, or have accepted them as sureties, shall have no claim against them, or against their property, or sureties, or churches, or monasteries; but they shall also personally make restitution for any public loss that may occur.

CAP. XIV. — Regarding bishops and clerics who dwell with subintroduced women.

Canon 3 of the Council of Nicaea.

Canon 5 of the Sixth Ecumenical Council.

Second Council of Nicaea, canon 18.

^A for women to dwell in episcopal residences or in monasteries is a cause of every offense. If, therefore, anyone is found possessing a handmaid or a free woman in an episcopal residence, or in a monastery, to undertake some ministry, let him be rebuked; but if he persists, let him be deposed. If, moreover, it happens that there are women in suburban properties, and the bishop or the head of the monastery wishes to travel there, while the bishop or the head is present, let the woman by no means undertake any ministry at that time; but let her remain separately in another place until the bishop or hegumen departs, so that every occasion of reproach may be avoided.

From the Letter of Basil to Gregory, that he should separate himself from the woman living with him.

Constitution 19, tit. 3, lib. 1, of the Code says: Priests

^A and clerks shall live only with their own mothers, daughters, sisters, and those who were married to them before. And the 19th constitution of the 1st title of the Novels says: Let not deaconesses have living with them any who are called brothers, kinsmen, or those who are termed "beloved"; but let them dwell either alone, or with their true brothers, or uncles, or parents, or children. And if anyone is said to live with another under a pretext of a godly name, but with evil suspicion, let her not be ordained, and if she has already been ordained, let her be cast out from the habit, and be held liable, along with the cohabitant, to this law and to the others which punish ravishers. And the 2nd constitution of the same title of the Novels says: Let no clerk, if he has no wife, keep a strange woman in his house, except for his mother, daughter, sister, or those upon whom no suspicion otherwise falls. But if he does not observe these things, or if after being warned twice by the bishop or his fellow clergy he does not cast her out, and being accused is proven to have been living unbecomingly with her, let him be deposed and handed over to the council of the city in which he was a clerk. ^B An bishop, however, who lives with a woman is entirely deposed. Nor, indeed, can a deaconess live with anyone upon whom an unseemly suspicion might fall; and if she is warned by the bishop and delays in casting him out, she is deprived of her ministry and allowances, and is cast into a monastery for the whole of her life. As for her property, if she has children, it is divided proportionally between her and them, and the monastery takes the part fitting for her for her maintenance; but if she has no children, the church in which she was and the monastery divide them equally.

CAP. XV. — How bishops or clerks or those who are continent ought to approach women.

Council of Carthage, canon 30. That clerks or continent persons should not approach virgins or widows. 30. Let not clerks or continent persons approach widows or virgins, unless by the command and permission of their own bishop or of the priests; and let them not do this alone, but with fellow-clerics, or with those whom the bishop or priests have commanded; nor let the bishops and priests themselves have access to such women alone, ^C but only where there are also clerks present, or some worthy Christians.

Council of Nicaea, canon 22. That monks ought, if it happens that they must eat with women, to do so with thanksgiving and all shame and reverence. 22. To dedicate everything to God, and not to be slaves to one's own wills, is a great matter. For "whether you eat," says the divine Apostle, "or whether you drink, do all to the glory of God." Our Lord Christ, therefore, in His Gospels has commanded to cut off the roots of sins. For not only is adultery [condemned] by Him—

but even the movement of the mind toward the attempt at adultery is condemned, He saying, "He who looks upon a woman in order to lust after her, has already committed adultery with her in his heart." Being instructed, therefore, from this, we ought to purify our thoughts. For if "all things are lawful, but not all things are expedient," as we are taught by the apostolic voice. It is necessary, therefore, for every man to eat in order to live; and for those whose life consists in marriage, children, and a lay status, it is free from all reproach for men and women to eat together, provided they offer thanksgiving to the One who gives the nourishment, and not with certain theatrical pursuits, or rather, satanic songs, ^B and the strumming of lyres, and lascivious prostitute-like inflexions; against whom the prophetic execration pursues them, saying thus: "Woe to those who drink wine with harp and psaltery, but do not look upon the works of the Lord, and do not consider the works of His hands." And if there be any such persons among Christians, let them be corrected; if not, let the things that have been canonically delivered by those who preceded us prevail against them. But for whom the life is quiet and solitary, as for those who have resolved to take upon themselves the monastic yoke for the Lord our God, and to sit alone and in silence—indeed, and also for those who have chosen the priestly life—it is not permitted at all to eat with women apart, except when accompanied by certain God-fearing ^C and devout men or women, so that the meal itself may lead to spiritual correction; and let them do this same thing with relatives. If, however, it happens again that a monk or a priest is traveling and does not have the things necessary for essential needs, and on account of necessity wishes to stop at either a public inn or in someone’s house, it is permitted for him to do this, inasmuch as necessity compels it.

CAP. XVI. – Concerning the fact that a cleric is not permitted to attend the feast of those who marry either a second time or unlawfully.

Conciliar canon 7 of Neocaesarea. 7. Let not a presbyter feast with one who leads a woman into a second marriage, or who becomes a bigamist. For since the bigamist requires penance, who will be the presbyter who, by the fact of being accepted at the feast, gives his assent to the nuptials? ^D

Canon 11 of Timothy. Interrogation 11. If someone invites a cleric to join a marriage, but he hears that the marriage is unlawful, such as a marriage with an aunt, or that she who is to be joined in marriage is the sister of his deceased wife, ought the cleric to follow [the request] or to perform the offering? Response. I have said in a word: If a cleric hears that the marriage is unlawful, he ought not to participate in others' sins, as the Apostle says.

CAP. XVII. — That clerics perform nothing without their bishops.

Apostolic Canon 39. 39. That it is not permitted in villages, etc., as on page 682 [507].

From the fourth session of the Council of Chalcedon, where the chapter concerning the bishops from Egypt is examined, 1.

The magnificent and most glorious judges and the most ample senate said: 1. Since the most reverend bishops of the Egyptians, not as opposing the catholic faith, have deferred for the present to subscribe to the letter of the most holy archbishop Leo, but say that it is the custom in the Egyptian district that they can do nothing of this kind without the opinion and direction of the archbishop; and they ask that indulgence be granted to them until the consecration of the one who is to be the bishop of the great city of Alexandria; it has appeared to us reasonable and clement that they should wait in the royal city in the same status, and be given a deferment until the ordination of the archbishop of the great city of Alexandria. ^B

CAP. XVIII. — That clerics do not hold banquets by contribution.

Council of Laodicea, canon 55. 35. That it is not permitted for men in holy orders or clerics to hold banquets by contribution, nor even for laymen.

CAP. XIX. — Concerning the order among bishops according to the time of their advancement, and how clerics should sit and honor one another.

Council of Nicaea, canon 18. 18. It has come to the holy and great council that in some places and cities, the deacons give the Eucharist to the presbyters, etc., as on page 595.

Council of Laodicea, canons 20, 56. 20. That a deacon ought not to sit before a presbyter, but should sit at the command of the presbyter. Similarly, deacons ought to have honor from those in lower service and from all the clerics.

56. That presbyters ought not to enter the sanctuary and sit at the tribunal before the entry of the bishop, but enter with the bishop, unless the bishop is in poor health or is traveling.

Council of Carthage, canons 86, 89. Concerning the order of bishops, that those ordained later should not dare to prefer themselves to their predecessors.

86. Bishop Valentinus said: If the goodness of your patience permits, I shall relate in order those things which in the past time in the Church of Carthage... ^{C D}

^A have been done, and clearly confirmed by the subscriptions of the brothers, I profess that we too shall observe this. But we know that ecclesiastical discipline has always remained inviolate, so that no one of the brethren would ever dare to prefer himself to his predecessors, but that which has always been shown to the predecessors by the duties of charity, has been gratefully accepted by those who follow. May your holiness command that this order be better strengthened by your interlocutions.

89. Aurelius the bishop said: It would not have been necessary for us to repeat these things, unless by chance the inconsiderate minds of some had arisen, which sharpen our senses toward establishing these things: but because this is a new cause, which our brother and fellow-priest has now brought forward, that each of us may know the order ordained for him by God; and that those who are later should defer to those who are prior, and not presume to do anything without consulting them. Therefore I say, as far as the capacity of my mind holds, that those who have thought that anything should be presumed while despising their elders, should be competently restrained by the whole council.

Xantippus, bishop of the first seat of Numidia, said: The presence of all the brethren has heard the prosecution of our brother and fellow-priest Aurelius; what does he respond to these things?

Datimus the bishop said: That which the sentence of the elders has decreed shall be consigned to our assent, so that those things which are held in the acts of the past councils may be fully held fixed among all by the assent of our Carthaginian Church.

All the bishops said: This order has been kept both by the Fathers and by the elders, and by us, God willing, it shall be kept, saving also the right of the primacy of Numidia and Mauretania, concerning the archive and matricula of Numidia. Then it pleased all the bishops who have subscribed in this council, that the matricula and archive of Numidia should be both at the first seat, and in the metropolis, that is, Constantina.

That bishops who are ordained should receive letters from their consecrators, which indicate the day and the consul.

Then it pleased ^C that whosoever shall hereafter be ordained by bishops throughout the African provinces, should receive letters from those ordaining them, written by their own hand, containing the consul and the day: so that no altercation concerning those who are later or those who are prior may arise. ^D

697 ^A Canon 7 of the Sixth Ecumenical Council. 7. Since we have learned that in some churches deacons hold ecclesiastical offices, and from this fact some of them, puffed up by arrogance and license, sit before the presbyters, we decree that a deacon, even if he holds a position of dignity—that is, any ecclesiastical office whatsoever—shall not sit before a presbyter, unless he is present in another city representing his own patriarch or metropolitan regarding some specific matter; for then he shall be honored as one filling their place. But if anyone, moved by tyrannical audacity, dares to act in such a way, he shall be demoted from his own rank and be the last of all in the order in which he is enrolled in his own Church; ^B for the Lord instructs us not to be fond of the first places, according to the teaching set forth in the holy Gospel of Luke as having proceeded from our Lord and God Himself. For He spoke a parable to those who were invited, noting how they chose the first places, saying to them: "When you are invited by someone to a wedding, do not sit down in the first place, lest a person more honorable than you have been invited by him, and he who invited both you and him comes and says to you, 'Give place to this man,' and then you begin with shame to take the last place. But when you are invited, sit down in the last place, so that when he who invited you comes, he may say to you, 'Friend, go up higher'; then there will be glory ^C for you before those who sit at the table with you; for everyone who exalts himself will be humbled, and he who humbles himself will be exalted." This same rule shall be observed also for the rest of the hierarchical orders, since we know that spiritual things are more excellent than worldly dignities.

TITLE IX.

CHAPTER I. — Who may accuse bishops or clerics, and before whom?

and being scornful does not appear, let the synod pronounce against him what it sees fit, so that he may not seem to gain anything by avoiding judgment. ^A

Canon 6 of the Council of Constantinople

6. Since many who wish to confuse and subvert the ecclesiastical order, in an unfriendly and slanderous manner, invent certain charges against the orthodox bishops who administer the Churches, intending nothing else than to stain the good reputation of the priests and to stir up disturbances among peaceful populations; for this reason it pleased the holy synod of bishops who gathered in Constantinople not to admit accusers without careful investigation, nor to allow everyone to bring accusations against those who administer the Churches, nor, however, to exclude everyone. But if anyone brings a special complaint—that is, a private one—against a bishop, as one who has been damaged or has suffered some injury from him against justice, in such accusations neither the person of the accuser nor his religion shall be examined. ^B For it is necessary that the bishop's conscience be free in every way, and that he who says he has been wronged, of whatever religion he may be, obtain his rights. But if the crime brought against the bishop is ecclesiastical, then the persons of the accusers must be examined, so that first of all, it may not be permitted to heretics to bring accusations against orthodox bishops regarding ecclesiastical matters. We define heretics as those who were formerly cast out of the Church, and those who have subsequently been anathematized by us; and in addition to these, those who profess to confess the healthy faith, but have separated themselves and hold meetings against our canonical bishops. Furthermore, ^C if some of those from the Church have been previously condemned for certain causes and cast out, or are excommunicated, whether they be from the clergy or from the order of laymen, it is not permitted for them to accuse a bishop before they have cleared themselves of their own crime. Similarly, we order that those who have been previously charged and accused not be allowed to admit an accusation against a bishop or other clerics before they have shown themselves innocent of the crimes laid against them. But if some, being neither heretics nor excommunicated, nor previously condemned or accused of any crimes, say that they have some ecclesiastical charge against the bishop, the holy synod ^D commands them first to initiate the accusations before all the bishops of the province, and to prove the crimes of the bishop who is charged with certain matters before them. But if it happens that the provincials are unable to resolve the crimes brought against the bishop, then they should approach a greater synod of the bishops of that diocese summoned for this cause; and they shall not initiate the accusation before they set for themselves in writing an equal danger, if they are convicted of slandering the accused bishop in the matters being examined. If anyone, after what has been decreed as stated above, dares to disregard it, and if in the...

^A process he should trouble the ears of the emperors, or the courts of secular magistrates, or disturb an ecumenical council, having dishonored all the bishops of the administration, such a person is not at all to be accepted for an accusation, as having insulted the canons and ruined ecclesiastical good order.

Canons 9 and 21 of the Council of Chalcedon

9. If any cleric has a matter against a cleric, let him not abandon his own bishop and run to secular courts, but let him first have the case tried before his own bishop, or—by the judgment of the bishop himself—before those whom both parties may choose to conduct the trial. If anyone acts contrary to this, let him be subject to canonical penalties. If, however, a cleric has a matter or lawsuit against his own or even another bishop, let it be judged by the provincial synod. But if a bishop or ^B cleric has a controversy with the metropolitan of the same province, let him approach the exarch of the diocese or the throne of the imperial city of Constantinople, and let it be judged before him.

21. Clerics or laymen who accuse bishops or clerics are not to be accepted for accusation simply and without trial, unless their reputation has first been examined.

Canons 8, 11, 12, 14, 15, 19, 20, 30, 128, 129, 130 of the Council of Carthage

Regarding those who accuse the Fathers, and that it is permitted to no one who is defamed to accuse a bishop.

8. Numidius, bishop of Maxula, said: "There are many of not good behavior who think that the Fathers and bishops should be prosecuted as it happens—ought such persons to be admitted, or not?" ^C Aurelius the bishop said: "Does it then please your charity that someone who is entangled in some crimes, according to the voice of the Fathers, be debarred from an accusation?" It was said by all the bishops: "If he is a criminal person, let him not be admitted; it is approved."

If any presbyter, puffed up against his own bishop, should make a schism, let him be anathema.

11. It was said by all the bishops: If any presbyter is corrected by his superior, he ought by all means to complain to the neighboring bishops so that his case may be heard by them, and through them he may be reconciled to his own bishop. But if he does not do this, ^D but—which may it be far from him—puffed up by pride, shall choose to separate himself from the communion of his own bishop, and making a schism separately with some others, shall offer a sacrifice to God, such a one let him be held as anathema, and let him lose his place; and if he should...

provided that one must keep in mind that perhaps he may not have a just complaint against the bishop.

If any bishop shall be accused of a crime outside the time of a synod, such a one shall be heard by twelve bishops.

12. Felix the bishop said: I suggest, according to what was determined by the ancient councils, that if any bishop—which may it not be—shall fall into some crime, and there should be a great necessity that he cannot gather many [bishops], so that he does not remain under the charge, let him be heard by twelve bishops, and a presbyter by six bishops along with his own bishop, and a deacon by three. ^B

That one bishop from Tripoli may come as a delegate; and that a presbyter may be heard there by five bishops.

14. Likewise it pleased, that on account of the poverty of the province of Tripoli, one bishop may come as a delegate, and that a presbyter may be heard there by five bishops, and a deacon by three, as it was mentioned above, with his own bishop presiding.

Of the different orders serving the church: that if any one shall fall into a criminal matter and avoids the ecclesiastical court, such a one ought to be imperiled: and that the children of priests should not attend secular spectacles.

15. Likewise it pleased, that whoever among the bishops, ^C presbyters, deacons, or clerics, when a crime is instituted against him in the Church, or a similar cause has been brought forth, if, having abandoned the ecclesiastical judgment, he shall wish to be purged by public courts, even if a sentence for his sake should be pronounced, he shall lose his place; and this [holds] in a criminal action: but in a civil one, he shall forfeit what he gained if he wishes to retain his place. This also pleased, that if [an appeal] to other ecclesiastical judges, where there is greater authority, shall have been made from ^D any ecclesiastical judges whatever, it shall not harm those whose sentence was set aside, if they could not be convicted of having judged either with hostile intent, or having been depraved by any greed or favor. Truly, if judges shall have been chosen by the consent of the parties, even if they are fewer than the number established, it shall not be permitted to appeal: and that the children of priests should not exhibit secular spectacles, nor even watch them, although this is always interdicted to all Christians, and where there are blasphemies, they shall not approach.

In the event that a bishop is accused, the matter is to be referred to the primate of his province.

^A Aurelius the bishop said: If any bishop should be accused, the accuser must take the matter to the primates of that same territory; and the one against whom the crime is alleged shall not be suspended from communion, unless, having been summoned by letters to plead his cause on the day fixed for the judgment of those chosen to judge, he should by no means appear, that is to say, within the space of a month from the day on which it is established that he received the letters. But if he proves some true and compelling causes by which it is manifest that he could not appear, he shall have full liberty to plead his cause within another month; yet he shall not communicate after the second month until he is cleared. If, however, he should be unwilling to appear at the annual universal council, in order that his case might be settled there at least, he shall be judged to have pronounced the sentence of condemnation upon himself; and in the time that he does not communicate, he shall not communicate even in his own church or parish. But his accuser, if he never fails on the days for pleading the case, shall not be removed from communion; if, however, he should at any time fail, withdrawing himself while the bishop is restored to communion, the accuser himself shall then be removed from communion; yet in such a way that the faculty of carrying on the case is not taken away from him, if he can prove that he did not intend to fail to appear on the day, but that he was unable to do so. This, however, is clear: that when the case begins to be handled in the judgment of the bishops, if the person of the accuser is found to be culpable, he shall not be admitted to make an accusation, unless he wishes to assert his own personal grievances, but not ecclesiastical ones.

Concerning accused presbyters and clerics.

^B 20. If presbyters or deacons are accused, with the lawful number of chosen bishops from the neighboring places added to them, whom the accused shall request—that is to say, for the name of a presbyter six, and of a deacon three—together with their own proper bishop, they shall investigate their causes, the same form being observed concerning the days and delays and removals from communion and the discussion of persons between the accusers and those who are accused. As for the causes of the remaining clerics, the bishop of the place alone shall acknowledge and terminate them.

Concerning the accuser and the accused.

30. Likewise it has pleased, that the accused or the accuser, if he fears [violence] in the place from which the accused is,

let him choose for himself a nearby place, in which it is not difficult for him to produce witnesses, where his case may be brought to a conclusion.

*That those under excommunication ought not to be admitted to an accusation.*

^B 128. It pleased all, since in the preceding decrees of the councils regarding the persons of clerics who ought not to be admitted to an accusation, it has already been established, yet which persons were not to be admitted was not expressed: for this reason we define that he is rightly not admitted to an accusation who, after he has been excommunicated, and while he is still constituted in that very excommunication, whether he be cleric or layman, wishes to accuse.

*That slaves and freedmen, and all infamous persons ought not to accuse.*

129. Likewise it pleased, that all slaves, or their own freedmen, should not be admitted to an accusation; or all those whom public laws do not admit to accuse in public crimes; likewise all those sprinkled with the stains of infamy, that is to say, actors, and persons subjected to turpitude, also heretics, whether pagans or Jews; but yet to all those to whom accusation is denied, the license of accusing in their own cases [is] not to be denied.

*That he who has not proven one crime ought not to be admitted to another.*

130. It pleased, that as often as many crimes are objected to clerics by accusers, and they have not been able to prove one of them, concerning which they had first acted, let them not be admitted to the rest thereafter.

From the epistle of Cyril to Domnus, cap. 1.

Each of our matters, etc., as on p. 491. Generally concerning those who are prohibited from accusing any person whatsoever regarding a public crime, book IX of the Code, tit. 1, and book XLVIII of the Digest, tit. II, treats; but concerning criminal, pecuniary, and canonical questions, it is spoken of in the Code and the Novels. But he says in book I, tit. 2, const. 6, that if any canonical doubt should arise in the whole of Illyricum, it ought not to be decided without the knowledge of the prelate of the city of Constantinople, which enjoys the prerogative of ancient Rome, and of his ^C [priestly] council. And tit. 3, const. 22, that if anyone, by calumny, by accusing a bishop, [should force him] to appear before a competent judge, let him pay thirty pounds [of gold]. And const. 25, of the same title, that the clerics of Constantinople, if the plaintiffs do not wish to cite them before the patriarch, are to litigate only before the prefects: [and this whether] they are citing or being cited: [as well as whether the case be pecuniary, or even criminal], concerning the clerics...

^A or the church agent, they are to provide a surety, and no other, up to fifty pounds; and if the matter exceeds this, they are to make an unsworn declaration as to the remaining amount.

For the laws and the canons alike forbid a cleric to swear; and the steward, when sued, does not provide a surety, but he himself and the clerics give two solidi for the summons and the appointment of a representative, and they manage the other expenses more frugally. And the 32nd constitution of the same title states that bishops, clerics, and monks are not to be brought before foreign tribunals, but are to be convened before the governors of their provinces; and if found in Constantinople, they are to be convened only in trial before the prefects, where honor is maintained for them and they may have advocates. But if they are called to law in the provinces regarding their own affairs, they shall provide only the stewards or church agents as sureties; but when convened before the prefects for pecuniary matters, they shall either provide vicarious sureties or make guarantees under the obligation of their own property. Regarding ecclesiastical matters, only the steward is to be sued, who ought to be appointed by the bishop, and he provides the church agent as surety. And in lesser courts, the bishops and clerics give to the executors for a summons no more than a solidus. But if they are summoned in the provinces by an executor of the prefects by their decree, they give no more than two solidi for court fees. In Byzantium, a foreign cleric ^B gives three gold pieces for court fees, for whatever amount he may be sued. Any executor who insults or harasses any cleric is to be stripped of his belt and punished with the supreme penalty. And if any persons are found to have sued them unjustly, they shall pay them all the expenses that were incurred by them from the inception of the trial on account of these persons.

The 50th constitution of the same title says that clerics may rightly renounce in legal instruments the prescription of a forum; for in general, it is permitted to everyone to waive what has been granted for his own benefit. And the 2nd constitution of the 4th title of the same book says that if a cleric appeals before a final judgment, the treasury does not take from him the penalty of fifty pounds of silver prescribed by law against others, but it is distributed to the poor; and the 7th constitution of the same title says that only ^C in pecuniary matters between consenting parties, and not among unwilling ones, does the bishop judge effectively; and the 8th constitution says that the judgment of bishops is valid between those who have chosen them, and is similar to the sentences of prefects, from which it is not permitted to appeal; and the 13th constitution says that a plaintiff may—if he wishes, but not if he is unwilling—sue the steward or other clerics of the archbishop of Constantinople before him, whether he has a claim against them or against the church; and the 29th constitution says that no one should accuse a cleric in the first instance before the patriarch, but before his own bishop; but if ^D

he is suspicious of him, [let him go] to the metropolitan. And if he also is suspicious, it is necessary to judge with him, from the person of the whole synod, those three who are first in the order of ordination. And if the judgment is not accepted, the patriarch of the diocese must be called upon, and one must abide by those things judged by him, just as if he had judged the matter from the beginning; for the votes of the patriarchs are not appealed. The same must be said also regarding those who bring accusations against bishops. ^B

It is permitted to petition the patriarch so that he may send the case to the bishop by his own letters, and he [the cleric] receives no more than four keratia for "sportulae" [fees]; but a cleric being sent by the patriarch or metropolitan, or where the bishop who is sent may be, receives no more than six litrae for any cause or amount. The patriarch also hears appeals of the church from bishops or metropolitans who have judged by his mandate; whoever does otherwise pays double what was overcharged, and an ecclesiastical penalty is imposed by the patriarch or metropolitan, being cast out of the ecclesiastical catalogues. These things apply when the controversy concerns an ecclesiastical state. But if the dispute is civil, the plaintiff or accuser is not compelled to observe these things, but has the freedom to move [the case] before the authorities. However, the 4th constitution of the same title of the Novels says: If anyone has a pecuniary action against a cleric, let him approach the bishop under whom the defendant is subject, and let him judge without writing and without charge; and if the parties wish, the verdict is put in writing. ^C But if for some reason the bishop cannot resolve the matter, then the case is brought before the authorities, while the privileges of the clerics are preserved. If there is an inquiry about crimes, and if they are civil, the magistrates judge them, both in Byzantium and in the provinces, provided the case after the contestation does not exceed two months. And if the cleric is found to be worthy of punishment, let him first be stripped of his priestly dignity by the bishop, and thus let him be subjected to the hands of the law. But if the offense is ecclesiastical, let the bishop judge according to the canons, which the laws also follow. And let not the authorities interfere in the inquiry. And the 15th constitution of the same title says that he who has [a case] against any of the ascetics, or consecrated virgins, or women being in monasteries, let him approach their bishop. ^D And he, with solemnity, shall bring him or her through the abbots, or the apocrisiarii, or other upright men, and let him consider the matter. But a magistrate attempting to interject himself is not admitted, and he is penalized with a fine of ten litrae to the fisc, together with his staff; and the executors are shut into the bar and are appropriately disciplined, and are prevented by the bishops from exercising the office of executor in the future.

Know, however, that the 2nd constitution of the same 1st title, which is the most valid of all these, as it is also later-born, says: If anyone [intends to accuse one who is] about to be ordained bishop [or cleric]...

for any cause which according to the laws or canons could impede the ordination, let this be suspended; and let the one who is to ordain examine the cause, with the accuser present and pressing it, or delaying to fulfill the accusation for three months. And if he appears innocent, let him be ordained; but if guilty, let him be impeded. And the accuser who has not proven [the charge] or has withdrawn, shall be cast out of the province in which he dwells. But if the ordination occurs before the examination, the one ordained is cast out, and the one who ordained is separated from his ministry for a year, and all his property is adjudged to the Church to which he belongs. The same things are said by the 17th constitution of the same title, not only regarding the ordination of bishops and clerics, but also of abbots. But it varies [from the former], saying that if an accuser has not proven [the crime] but has withdrawn, if he is a cleric, he is cast out of his rank; if he is a layman, he is corrected. And that if the ordination takes place before [the] investigation, both the one who ordained and the one ordained are cast out of the priesthood. The same constitution 2, tit. 1 of the Novellae says: He who has a lawsuit against a cleric, or a deaconess, or a monk, or a nun, or an ascetic, shall approach his bishop, and let him judge; and if either party is satisfied, let the execution take place through the magistrate. But if one of the litigants objects within ten days, let the magistrate of the places examine the matter, and either confirm the vote and execute it, the one who was defeated a second time in this matter not being able to appeal; but if the magistrate judges contrary to the bishop, the magistrate’s vote is subject to appeal, and it is referred and examined according to the law; but if the bishop adjudges by command or order, the appeal brings his vote before the one who referred the matter. ^B Plane, if the bishop judges by order or mandate, the appeal refers his sentence to the one who delegated the controversy.

If a crime is moved against any of the aforementioned, if it be before the bishop and he finds the truth, let him cast him out of his rank, and then let the competent judge seize him, and by examining the case lawfully, let him put an end to it. But if it is first brought before the magistrate and proven, let the records be shown to the bishop; and if from them he finds the offense, let him separate him from his rank, and let the judge bring upon him lawful punishment. But if the bishop does not think that the things done have been justly established, let the accused be under lawful security, not being cast out of his own rank, until the imperial majesty, being informed of the matter through the bishop and the magistrate, commands that which appears to it. If the bishop delays to judge in pecuniary matters, the accuser has the right to approach the magistrate; and the accused does not give a surety, but makes a hypothecary acknowledgment without an oath. In criminal cases, the accused person is established under lawful security; but in ecclesiastical matters, the bishop acts according to the canons, the magistrate having no participation. ^{C D}

^A Bishops of the same synod who have a dispute among themselves are judged before their metropolitan and other bishops of the same synod; and if both parties do not remain satisfied, their patriarch shall examine the matter, nor shall anyone have the power to contradict what is decreed by him. The same rule applies if a cleric should bring an action against his bishop; but when a complaint is made against a metropolitan, his patriarch shall examine it in like manner. A bishop who is being judged neither provides sureties nor makes a confession. Oeconomi, ptochotrophi, nosocomi, and persons of this kind are subject to their own bishop; and whatever they are found to owe must be exacted from them, nor shall they have the power to withdraw to another court before the exaction is completed, but only afterwards, if they deem that they have been wronged. If a bishop has delivered the judgment, the metropolitan shall examine it; if a metropolitan has judged, the patriarch shall examine it. But if any of the aforesaid die before the rendering of accounts and the exaction, their heirs are held liable.

^B *Text.* Likewise, book 1, const. 41, which states: That every year the oeconomus shall render an account of his administration to the bishop. But const. 24, tit. 2 of the same book says that the oeconomi of the city of Constantinople must render their accounts to the *arcarii* every month, or at most every two months, otherwise they are in danger of falling under the jurisdiction of the prefecture.

Any bishop or cleric found in Constantinople by adversaries shall defend himself solely before the prefect of the praetorium or the one appointed for this duty by the imperial majesty; unless the lawsuit was initiated in the province, for then it is completed there. The pious apocrisiarii of the churches are not sued or proceeded against on behalf of bishops or churches on account of public or private debt, unless they bring an action themselves on the instructions of the bishops or oeconomi; for then they receive the summonses in their own names alone. But if they render themselves liable while making their responses, they then also incur the actions arising therefrom. Bishops and clerics who are abroad on account of an embassy or ordination are not to be sued until they have returned, on the condition, however, that those who hold them liable are not prejudiced by their absence regarding the statute of limitations for a long period of time.

^C Citations and writs of execution shall be served with respect upon clerics, monks, ascetriae, and ascetics in pecuniary, public, or private matters. No nun or ascetic shall be dragged from her monastery, but she shall state her case through a representative. A monk may conduct his own affairs or those of the monastery either by himself or through a representative. If anything is done contrary to these rules, the judge is stripped of his *cingulum* and must pay five pounds of gold to the private coffers of the prince; the bearer of the writ, moreover, is subjected to torture and sent into exile through the care of the bishop, who also reports the matter, while the magistrate defers the carrying out of the penalty; for in the case of a pecuniary or criminal citation, such persons…^D

in Constantinople and anywhere else, are not to give more than four keratia. But if anyone has been sent by imperial command, or by a magistrate or patriarch, to cite them, he shall receive no more than one solidus. And if many such persons are cited for one and the same cause, they shall give sportulae for one person only. A bishop who is sued regarding his own private affairs shall give sportulae, but for the affairs of his Church he shall not be harassed; rather, the steward or the person designated for this purpose shall do so. Anyone who takes sportulae beyond this amount shall return double, and if he is in the military, he shall be stripped of his belt, and if he is a cleric, he shall be deposed. A bishop shall not be led away or made to appear in either a pecuniary or a criminal suit without an imperial command; whoever orders this to be done, whether in writing or orally, shall be stripped of his belt, and penalized twenty pounds to be paid to the Church of the bishop, and the executor shall also be stripped of his belt and, upon being tortured, sent into exile. And the 17th constitution of title 1 of the Novellae says that if a bishop is accused, the metropolitan shall judge; if a metropolitan is accused, his patriarch shall look into it; but if a cleric or monk is accused, his bishop shall do so. And the offender shall be chastised canonically by the judgment of the one conducting the inquiry. The 30th novella regarding substitutes says that a nun, because of no legal suit, may be dragged from her own monastery. ^A

CAP. II. — How many and who may testify against bishops or clerics.

Canon 75 of the Apostles.

75 [74]. A heretic shall not be admitted to give testimony against a bishop, nor even should one single faithful person: "In the mouth of two or three witnesses shall every word be established."

Canons 20, 59, 131 of the Council of Carthage. On presbyters and clerics who are accused.

20. If presbyters or deacons are accused, etc.

On the fact that clerics, for the sake of the investigation of their own judgment, are not to be compelled to testify in public.

59. It is necessary to request, furthermore, that they deign to ordain that if any persons wish to pursue any cause in the Church by the apostolic right imposed upon the Churches, and perhaps the decision of the clerics displeases one party, it shall not be lawful for that cleric to be called to testify in court, who previously examined the same matter or was present while it was being examined; and that no person belonging to the ecclesiastical order shall be pressed to have to give testimony.

Who are to be admitted to testimony.

131. Witnesses are not to be admitted to bear testimony…

^A nor those who have not been permitted even to accuse, or those whom the accuser himself shall produce from his own household; nor let testimony within fourteen years of age be admitted.

The text, regarding what sort of persons those should be who give testimony in court, teaches in the 5th title of book 21, and the 20th title of book 4 of the Code, and the Novel regarding witnesses. The constitution ^B of the same title states that one single witness shall not be heard, even if he be prominent in rank. A heretic, moreover, shall not give testimony at all against an orthodox person, unless that orthodox person is summoned to court regarding his status as a decurion, as the 1st book of the Code, title 5, constitution 25, and the Novel concerning decurions and heretical tax-collectors—the 45th, which is related among the paratitles of title 3 of the Novels—declares.

CAP. III. — But what if someone, accusing a cleric of many crimes, is unable to prove the first point proposed?

Council of Carthage, canon 130.

That he who has not proven one crime should not be admitted to a second.

Likewise it was resolved, that as often as, etc., as on page 707.

CAP. IV. — Of those who do not obey their own bishops. And of bishops who receive a man driven out or excommunicated by his own bishop.

Council of Antioch, canon 6.

If anyone has been excommunicated by his own bishop, he must not be received by others until he has been accepted by his own bishop or, a synod having been held, he arrives, makes his defense, and having persuaded the synod, obtains a different sentence. But the same rule shall be observed ^C in the case of laymen, presbyters, and deacons, and all those who are listed in the order of the clergy.

Council of Carthage, canons 9, 29, 79, 132.

Of those who are properly cast out from the ecclesiastical assembly because of their misdeeds.

9. Augustus, Bishop, legate of the province of Numidia, said: "Deign to decree this, that if any who have been deservedly cast out from the Church because of their misdeeds, are received into communion by any bishop or presbyter, he himself shall be held liable to the same crime as them, fleeing the regular judgment of his own bishop." By all the bishops it was said: "It pleases everyone."

If any excommunicated person presumes to communicate before a hearing, he has brought condemnation upon himself.

29. Item, it ^D pleased the whole council, that he who, through...

his own neglect, has been cut off from communion—whether he be a bishop or any cleric whatsoever—if, in the time of his excommunication, he dares to enter into communion before a hearing, he shall be judged to have brought the sentence of condemnation upon himself.

On condemned clerics.

62. It is also necessary to request that they deign to decree that if any cleric of whatever standing has been condemned by the judgment of the bishops for any crime whatsoever, it shall not be allowed for him to be defended either by the churches over which he presided or by any person whatsoever; and that a penalty of loss of money and rank be imposed for this, so that they may order that neither age nor sex is to be allowed as an excuse.

On clerics who have not taken care to conduct their case within a year.

79. It was further established that as often as clerics have been convicted and have confessed to some crime—whether out of regard for those whose modesty is being spared, or for the shame of the Church, or for the insolent jeering of heretics and pagans—if they should wish to appear and assert their innocence regarding their own case, they must do so within a year of their excommunication; but if they neglect to clear their case within a year, no voice of theirs shall henceforth be heard at all.

That the sentence of chosen judges must not be scorned.

122. But it is not permitted to appeal against judges who have been chosen by common consent. And whosoever is found, having been challenged, to be unwilling through contumacy to obey the judges, when this has been proven to the bishop of the first see, shall have letters issued, so that none of the bishops shall communicate with him until he obeys.

CHAP. V. — On the judgments of bishops and clergy.

Apostolical canon 74 [73]. A bishop accused by men of faith, etc., as on page 698.

Canons 14 and 15 of the Council of Antioch.

14. If any bishop is judged for certain crimes, and then it happens that the bishops who are in the province disagree about him, some pronouncing him innocent, while others pronounce him guilty, for the purpose of settling the entire controversy, it has seemed good to the holy synod that the metropolitan bishop should summon others from a neighboring province to judge and resolve the controversy, and confirm with the provincial bishops what has been proven.

15. If any bishop, having been accused of certain crimes, is judged by all the bishops in the province...

and they all deliver a unanimous verdict against him, he shall no longer be judged by others, but the decision of the provincial bishops shall remain firm. ^A

Council of Chalcedon, canon 9, 17. 9. If any cleric has a dispute with a cleric, etc., see page 702. 17. Regarding the rural parishes in each Church, etc., see page 650.

Council of Sardica, canons 3, 5, 14. 3. Hosius the bishop said: It is necessary that this also be added, etc., see page 471. 5. Hosius the bishop said: It has pleased, that if any bishop is accused, etc., see page 471. The bishops answered: The things said have pleased.

14. Hosius the bishop said: That which always moves me, I ought not to pass over in silence. If any bishop is found to be prone to anger—which indeed ought to be absent from such a man—and, quickly becoming excited against a presbyter or deacon, should desire to eject him from the Church; provision must be made that he is not precipitately condemned and deprived of communion. ^B

All the bishops said: He who is ejected shall have the power of taking refuge with the bishop of the metropolis, that is, the metropolitan; but if the metropolitan is absent, to have recourse to the neighboring bishop, and to request that his case be accurately examined. For ears ought not to be withheld from those who request it. And that bishop, who justly or unjustly ejected him, ought to bear it with an even mind so that an examination of the matter may take place, and his sentence be either confirmed or corrected. But before the particulars have been diligently and faithfully examined, he who does not have communion ought not to arrogate communion to himself before the investigation of the case. ^C But if some clerics happen to see his pride and arrogance, because it is not fitting to suffer insult or unjust expostulation, they ought to correct him with sharper and graver words, so that they may serve and obey him who commands what is fitting. For just as a bishop ought to show sincere love and affection to his ministers, in the same way also those who are subject ought to show service and obedience to their bishops without deceit. ^D

Council of Carthage, canons 15, 28, 120, 121. Concerning the various ranks serving the Church, etc., see page 703. 15. Likewise it has pleased: that if any of the bishops, etc., see page 703. Presbyters, deacons, or clerics who, in their own case, think fit to appeal to places across the sea, shall by no means be received into communion. 28. Likewise it has pleased that presbyters and...

other lower clerics, in cases they may have, if they complain of the judgments of their own bishops, the neighboring bishops shall hear them, and with the consent of their own bishop, the bishops called in by them shall settle what is between them. But if they also think fit to appeal against them, let them not appeal to trials beyond the sea, but to the primates of their own provinces, ^B as has often been determined concerning bishops. And those who appeal to trials beyond the sea shall be received into communion by no one in Africa.

Of those who have made incursions upon peoples they think belong to them, against the will of those who hold them.

120. Likewise it has pleased that whatever bishops do not seek in such a manner the multitudes which they think belong to their see—so that they act with other bishops judging—but have made incursions upon peoples held by another, whether the peoples wish it or not, they shall suffer the loss of their own case. And whoever has done this, if the deliberation between the bishops has not been finished, but they are still contending about the same matter, let him depart from there ^C who it appears has made an incursion, ignoring the ecclesiastical judges. Nor let anyone flatter himself if he has obtained letters from a primate to retain [them]; but whether he has letters or does not have them, let him meet with the one who holds [the people], and take letters from him, so that he may appear to have held peacefully the Church that belongs to him. But if the other brings some challenge, let the case be finished by bishops acting as judges, whether those whom the primates provide to them, or those whom they themselves choose by mutual consent.

Of those who neglect the peoples belonging to them.

121. Likewise it has pleased that whoever neglects, etc. (as above, page 679).

Things that ought to be noted in this chapter I have joined to the annotations of the previous chapter. Therefore, when inquiring concerning pecuniary or criminal cases, read those.

CAP. VI. — Concerning the review of episcopal sentences.

^D Council of Antioch, canon 6.

If anyone has been excommunicated by his own bishop, etc., as on page 719.

Council of Sardica, canons 3, 4, 5, 14.

3. Hosius the bishop said: This also is necessary, etc., as on page 471.

4. Gaudentius the bishop said, etc., as on page 471.

5. Hosius the bishop said: It has pleased that if any bishop has been accused, etc., as on page 471.

^A The bishops answered: What has been said has pleased.

14. Hosius the bishop said: But that which he is always moving, etc., as on page 723. Canons of the Council of Carthage 14, 15, 23, 79, 99, 121, 125. That one bishop from Tripoli [may arrive] for legation, etc., as on page 703. 14. Likewise it pleased that from Tripoli, etc., as on page 234. 255 Concerning different orders serving in the Church, etc., as on page 703. 15. Likewise it pleased that whoever of the bishops, etc., as on page 703. Presbyters and deacons or clerics, etc., as on page 252. 28. Likewise it pleased that presbyters, etc., as on page 723. Concerning clerics who have not cared to plead their case within a year. 79. Again it was decreed, etc., as on page 722. That it may not be permitted to appeal from elected judges.

96. If however an appeal is made, let him who appeals choose judges, and along with him, let him against whom he appealed [choose judges], so that henceforth it may be permitted to no one to appeal against them. That the opinion of the elected judges should not be despised. 121 [122]. But from the judges, etc., as on page 722. 286 Concerning presbyters and clerics, that they may not appeal unless to the African councils. 125. Likewise it pleased that presbyters, deacons, etc., as on page 723.

Text. Constitution 8, title 4, book 1, says that the sentences of bishops are like the sentences of prefects, from which it is not permitted to appeal. And constitution 29 of the same title [says]: Whether the metropolitan alone, or with his synod, judges a bishop or cleric; and if the decisions are not accepted, the patriarch of the diocese shall oversee it, and those who are judged by him shall abide by it, as if he himself had judged from the beginning; for the votes of the patriarchs are not appealed. The same [is contained in] constitution 2 of title 1 of the Novels, which says: If any of those who are litigating before a bishop speaks against it within ten days, let the magistrate of the province examine the matter, and if he sees it was rightly judged, let him confirm the sentence and execute it, the one who was defeated a second time in this having no power to appeal further. But if the magistrate judges in the opposite manner to the bishop, the magistrate's sentence is subject to appeal and is referred and examined according to the law; but if the bishop judges by command or mandate, let the appeal of his sentence be referred back to him who delegated the controversy. ^C

CHAPTER VII. — What if a bishop, having a controversy with a fellow-bishop, does not contend by judgment, but acts by force?

Council of Carthage, canon 120.

Regarding those who infringe upon the people whom they believe belong to them, contrary to the will of those who hold them, it has likewise been determined that any bishops, etc.

CAP. VIII. — When it is permitted for a bishop to bring legal action against a bishop before a civil judge.

Concilii Carthaginensis canon 48. Of rebaptisms and reordinations, or the translation of bishops. "This however we suggest as a mandate, etc.," as on page 539.

CAP. IX. — Concerning bishops and clerics unjustly expelled.

Concilii Sardicensis canones 14, 18, 19. 14. Osius the bishop said: "But what moves me from every side, etc.," as on page 723.

18 [17]. Osius the bishop said: "At the suggestion of our brother Olympius, this also has been determined: that if any bishop, having suffered violence, should be unjustly ejected, whether on account of his knowledge, or on account of his confession of the Catholic Church, or on account of his defense of the truth, and should flee the danger, being innocent and sacred, and come to another city, he must not be prevented from dwelling there for so long as he may return, or until he can find liberation from the injury done to him. For it is harsh and very burdensome that one who has suffered unjust ejection should not be received by us; for such a one ought to be received by us with the greatest humanity and kindness." All said: "This also pleases us."

19 [18]. Gaudentius the bishop said: "You know, brother Aetius, that when you were constituted bishop, peace prevailed henceforth; lest any remnants of dissension regarding ecclesiastical matters should remain, it has seemed good that those who were constituted by Musaeus and Eutychianus, because no fault of theirs could be found, should all be received."

The text of Constitution 23, title 3, book 1 of the Code makes mention of Flavian, and ejects Eutyches. But Constitution 38 of the same title states that it does not behoove bishops or clerics to compel anyone to offer fruits or perform forced labor, or to harass, or to excommunicate, or to strike with anathema, or not to baptize, or not to provide communion because of these things, even if such a custom has prevailed. Whoever transgresses this falls away from the Church and its administration, and must give ten pounds of gold. And these things hold force only in the royal city and its territory, and in places pertaining to metropolitans who are ordained by the patriarch, or to bishops who are created by these [metropolitans]. And the 2nd constitution of the Novellae says: That a bishop or presbyter, who without a cause contained in the canons segregates anyone from communion, once the separation is annulled by a greater priest, shall himself be excluded from communion for as long a time as it appears proper to the priest to whom he is subject.

CAP. X. — Regarding those who are separated or expelled from the Church or from communion.

^A Apostolic Canons 12, 13, 32, 51.

12. If any cleric or layman who is separated, that is to say, not to be received, shall depart and be received in another city without letters of commendation, let both the one who receives and the one who is received be separated.

13. But if he is already separated, let the separation be extended for him.

32. If any presbyter or deacon is put under separation by a bishop, it is not permitted for another to receive him, except only for the one who separated him; unless it happens that the bishop who separated him should die.

51. If any bishop, or presbyter, or deacon, or anyone at all from the sacerdotal number, abstains from marriage, flesh, and wine, not for the sake of asceticism but because of a loathing—forgetting that all things are very good and that God created the human being male and female, but rather blasphemously slanders the work of creation—let him be either corrected or deposed and expelled from the Church. The same rule applies to a layman.

^B Council of Nicaea, canons 5, 12, 13, 16.

5. Regarding those who have been excluded from communion, etc., see page 674.

12. As for those who were called by grace and showed their first zeal, and laid aside their military belts, but afterwards returned like dogs to their own vomit—so that some even spent money ^C and used favors to return to military service—let these be prostrate as suppliants for ten years, after the three-year period of hearing. And in all these cases, it is fitting to examine the purpose and the character of their repentance. For those who demonstrate their conversion by fear, tears, patience, and good works, and by deed rather than by mere appearance, these, having completed the time of hearing that was defined, shall deservedly participate in the prayers; it being allowed to the bishop to also decide something more mercifully for them. But those who accepted this indifferently and thought the mere appearance of entering the church enough for their conversion, these must completely fulfill the time.

13. Regarding those who are departing from this life, the ancient and canonical law shall be observed even now, that if anyone is dying, he shall not be deprived of the final and most necessary viaticum. But if, having been given up for dead and having secured communion, he should return to the living, he shall be among those who participate in prayers only. In sum, concerning anyone who is departing and requesting participation in the Eucharist, the bishop shall, after examination, bestow the oblation.

16. Whoever presumptuously, etc., see page 512.

Synod of Antioch, Canon 6

Synod of Laodicea, Canon 36

Synod of Chalcedon, Canons 4, 16

16. It is not permitted for a virgin who has dedicated herself to the Lord God, nor likewise for a monk, to enter into marriage. If, however, they are found doing this, let them be excommunicated. We have decreed, however, that the bishop of that place holds the authority to extend humanity toward them.

Synod of Sardica, Canons 13, 14

14. Bishop Osius said: But what always moves me, etc., see page 723.

All said: He who is cast out shall have the power, etc., see page 723.

Council of Carthage Canon 65. On the condemned bishop Equitius.

65. Aurelius ^A bishop said: Since Equitius was long ago justly condemned by episcopal sentence, I do not believe the business of the legation should be passed over, so that if by chance our brother finds him in those parts, it may be his concern to do what is necessary, or wherever it is permitted, against him for the sake of the state of the Church.

The bishops all said: This prosecution is very pleasing; especially since Equitius was condemned long ago, and his impudent restlessness concerning the state and salvation of the Church should be more and more repelled everywhere.

And they subscribed: Aurelius, bishop of the Church of Carthage, I have agreed to this decree and, having read it, have subscribed: the rest of the bishops likewise subscribed.

Canon 21 of the Sixth Ecumenical Council.

21. Those who are held accountable for canonical crimes, and on that account are subject to complete and perpetual deposition, and are thrust into the rank of the laity, if they of their own accord look toward conversion and weep for the sin for which they fell away from grace, and make themselves entirely strangers to it, let them be shorn in the manner of a cleric. But if they do not choose this of their own accord, let them nourish their hair like laymen, inasmuch as they have preferred worldly conversation to the heavenly life.

^D Text. Const. 14, tit. 3, lib. 1. If (it says) anyone, by the judgment of bishops, has been thrust out of his bishopric and does anything against the public order and wishes to invade that same bishopric, he is to be thrust away from the city to a distance of one hundred miles: and he has no power to approach the prince or receive an imperial rescript; for even if he should obtain one, he derives no benefit from it and his defender incurs indignation. And the same title's constitution ejects Eutyches. And the 5th constitution, title [1] of the Novellae, ejects Peter, Anthimus, Severus and Zooras, threatening those who possess the writings of Severus and do not burn them with other penalties and the cutting off of their hands. And the 2nd constitution of the 1st title of the Novellae says that if a bishop, who through a cause recognized by the canons has fallen from the priesthood, should enter the city from which he was ejected, or abandon the place in which he was ordered to reside, he shall be cast into a monastery of another province.

Chapter 11. For what causes a bishop, cleric, or layman may be excommunicated. What if an accused bishop resigns his bishopric by petition? And that it is not expedient to reduce a bishop, whether justly or unjustly deposed, to the rank of presbyter.

SYNTAGMA OF THE CANONS. — TITLE IX, CHAPTER XI.

Apostolic Canons 5, 8, 9, 10, 12, 15, 16, 24, 36, 43, 45, 48, 54, 56, 57, 58, 59, 65, 66, 70, 71, 72, 73, 76, 84; Council of Nicaea, can. 16. ^A

5. A bishop, or presbyter, or deacon must not cast off his own wife under the pretext of religion; but if he cast her off, let him be excommunicated; and if he persists, let him be deposed.

8. If any bishop, or presbyter, or deacon, etc., as on page 606.

9. Whosoever of the faithful enters, etc., as on page 606.

10. If any person pray, even in a house, with an excommunicated person, let him be excommunicated.

12, 13. If any cleric or layman who is excommunicated or not to be received, etc., as on page 731.

15 [14]. If any presbyter, or deacon, or anyone at all from the catalog of clerics, etc., as on page 658. ^B

16 [15]. But if a bishop, making nothing of the suspension decreed against them, receives them as clerics, let him be excommunicated as a teacher of disorder.

24 [23]. A layman who has mutilated himself, let him be excommunicated for three years; for he is an insidiator against his own life.

36 [35]. If any person who is ordained a bishop, etc., as on page 506.

43 [42]. A subdeacon, or reader, or cantor doing similar things, let him either cease or be excommunicated. And likewise a layman.

45 [44]. A bishop or presbyter or deacon, who has prayed even alone with heretics, etc., as on page 610. ^C

48 [47]. If any layman, having cast off his own wife, takes another, or one divorced by another, let him be excommunicated.

54 [53]. If any cleric be discovered eating in a tavern [caupona], let him be excommunicated, unless he has stopped at a public inn on the road due to necessity.

56 [55]. If any cleric shall insult a presbyter or deacon, let him be excommunicated.

57 [56]. If any cleric shall mock a lame, or deaf, or blind man, or one who has a faltering gait, let him be separated. Similarly also for a layman.

58 [57]. A bishop or presbyter who does not take care of the clergy or the people, etc., as on page 682.

59 [58]. If any bishop or presbyter, etc., as on page 674. ^D

65 [63]. If any cleric or layman has entered into the synagogue of Jews or heretics to pray, let him be deposed and excommunicated.

66 [67]. If anyone has a virgin not betrothed by brought-in violence, let him be excommunicated; it is not permitted for him to take another, but he must retain her whom he chose, even if she be poor.

70 [69]. If any bishop, or presbyter, or deacon, or anyone at all from the catalog of clerics, fasts with the Jews, or keeps holy days with them, or receives from them gifts of the festival, as, for example, unleavened bread, or anything of that sort, let him be deposed. If he be a layman, let him be excommunicated.

74 [70]. If any Christian carries oil, etc., see page 631. 72 [71]. If any cleric or layman takes wax or oil from the holy Church, let him be excommunicated ^A and let him restore the fifth part beyond what he took. 73 [72]. A vessel of gold or silver, or a consecrated veil, etc., see page 575. 76 [75]. That a bishop should not [take] from a brother, etc., see page 507. 84 [83]. Whoever shall insult a king or a prince contrary to justice, let him pay the penalty: and if he be a cleric, let him be deposed; if a layman, let him be excommunicated.

Of the Council of Chalcedon from the Act concerning Photius, bishop of Tyre, and Eustathius, bishop of Berytus

Of the Council of Ancyra, canon 18

Of the Council of Neocaesarea, canon 1

From the epistle of Cyril to Domnus, cap. 1, 3

CAP. XII. — That for as long as a bishop does not communicate with one excommunicated by him, neither should other bishops communicate with the one who excommunicated him

Of the Council of Carthage, canon 133

Bishop Aurelius said: According to the statutes of the whole assembled council, and the opinion of my mediocrity, it is pleasing to conclude all matters, to draw up the formal statement of the aforementioned title, and let the Church’s acts receive the proceedings of this present day; but those things which have not yet been set forth, we shall write back on the following day through our brethren Faustinus the bishop, and Philip and Asellus the presbyters, to our venerable brother and fellow-bishop Boniface. And they subscribed.

CAP. XIII. — How many bishops depose a bishop. Of the Constantinopolitan Council concerning the bishops of Arabia.

Nectarius, bishop of Constantinople, said: The most pious bishop Arabianus has spoken commendably; for while a past judgment cannot be made undone, let us, without condemning the past, secure the future.

Arabianus, bishop of Ancyra, said: That which is past, the synod of the blessed Fathers who met at Nicaea condemns, commanding that there be not fewer than three to ordain, and not without the metropolitan. But it was out of fear for the future that I made the inquiry; I ask you, therefore, to declare clearly, and neither suspendedly nor dubiously, that it is not permitted for a bishop to be ordained or deposed by two men, consistently with the synod of Nicaea.

And after other things.

Theophilus, bishop of Alexandria, said: Against those who have departed, a sentence of indignation cannot be brought, since they were not present when condemned. ^B But if one considers concerning those who are to be deposed in the future, it seems to me that it behooves not only three to assemble, but, if possible, all the provincials, so that by the vote of the many, a more accurate condemnation of him who is worthy of deposition might be rendered, while he is present and under judgment.

Nectarius, bishop of Constantinople, said: When legitimate institutions and dogmas are being handled, it is consequent that such things should not be decreed because of personal causes. Therefore, just as the most holy bishop Arabianus has proposed, wishing to secure the future, the motion of the most holy bishop Theophilus has consequently and humanely decreed that it is not permitted henceforth, neither by three, let alone by two, for him who is under examination ^C to be deposed; but rather by the vote of a greater synod, and of the bishops of the province, as the apostolic canons have defined.

Flavianus, bishop of Antioch, said: What the most holy and religious bishop Nectarius and the most holy and religious bishop Theophilus have set forth is clear, and we all, the ecclesiastics, agree to it.

CAP. XIV. — For what causes a deposition is made.

3. If any bishop or presbyter, contrary to the ordinance of the Lord, concerning the sacrifice and ordination, etc., as on page 595.

^A 5. Let not a bishop, or presbyter, or deacon cast off his own wife under pretext of piety; but if he does cast her off, let him be excommunicated; and if he persists, let him be deposed.

6. Let not a bishop, or presbyter, or deacon undertake secular cares; otherwise let him be deposed.

7. If any bishop, or presbyter, or deacon shall celebrate the holy day of Easter before the vernal equinox with the Jews, let him be deposed.

11. If any one who is deposed, being a cleric, shall pray with a cleric, let him also be deposed.

23 [22]. If any one who is a cleric shall mutilate himself, let him be deposed; for he is a murderer of himself.

25 [24]. A bishop, or presbyter, or deacon, convicted of fornication, or perjury, or theft, let him be deposed, and not excommunicated. For the Scripture says: "Thou shall not avenge twice in the same thing." Similarly also for the rest of the clerics.

27 [26]. A bishop, or presbyter, or deacon who strikes those who sin, or infidels who have committed an injury, and through these things wishes to terrify, we command to be deposed; for the Lord nowhere taught us this; on the contrary, he himself being beaten did not strike back; being reviled, he did not revile in return; suffering, he threatened not. ^B

29 [28]. If any bishop through money, etc., as above, page 515.

30 [29]. If any bishop having used secular rulers, etc., as above, page 511.

31 [30]. If any presbyter, having despised his own bishop, shall gather an assembly separately, etc., as on page 583.

35 [34]. Let not a bishop dare to perform ordinations outside his own limits in cities and places not subject to him. But if he be convicted of having done this without the consent of those who hold those cities or places, let both he and those whom he ordained be deposed. ^C

42 [41]. A bishop, or presbyter, or deacon, giving himself to gaming and drunkenness, let him either cease or be deposed.

44 [43]. A bishop, or presbyter, or deacon, exacting interest from those to whom he has lent money, let him either cease or be deposed.

45 [44]. A bishop, or presbyter, or deacon, who has prayed even alone with heretics, etc., as above, page 610.

46 [45]. A bishop, or presbyter, who has received the baptism or sacrifice of heretics, etc., as above, page 610.

47 [46]. A bishop, or presbyter, [who has rebaptized] him who truly has baptism, etc., as above, page 622. ^D

49 [4]. If any bishop or presbyter, according to the ordinance of the Lord, etc., as above, page 442.

^A 50 [49]. If any bishop or presbyter shall perform not three baptisms of one mystery, etc., as above, page 442 and 613.

51 [50]. If any bishop, presbyter, or deacon, or anyone at all from the sacerdotal register, [abstains] from marriages, etc., as above, page 731.

52 [51]. If any bishop, presbyter, or deacon does not receive him who is turning from sin, but casts him out, let him be deposed, because he causes grief to Christ, who said: There is joy in heaven over one sinner who repents. 40

53 [52]. If any bishop, or presbyter, or deacon does not partake of meat and wine on festival days, ^B abhorring them, and not for the sake of exercise, let him be deposed, as one who has a seared conscience and has become a cause of offense to many.

55 [54]. If any cleric shall insult his bishop, let him be deposed: For, Thou shalt not speak evil of the ruler of thy people. 41

59 [58]. If any bishop or presbyter, when any of the clerics is in need, etc., as above, page 674.

60 [59]. If any one [uses] forged writings, etc., as page 590.

62 [61]. If any cleric, out of human fear, whether of a Jew, or a Greek, or a heretic, denies, ^C if indeed the name of Christ, let him be cast out; but if the name of cleric, let him be deposed; but upon repenting, let him be received as a layman.

63 [62]. If any bishop, or presbyter, or deacon, or anyone at all of the sacerdotal register, shall eat flesh in the blood of its soul, or that which has been caught by beasts, or that which has died of itself, let him be deposed; for this the law has forbidden; but if he be a layman, let him be excommunicated.

64 [65]. If any cleric be found fasting on the Lord’s day, or on the Sabbath, excepting one only, ^D let him be deposed; but if he be a layman, let him be excommunicated.

65 [63]. If any cleric or layman shall enter into a synagogue of Jews or heretics to pray, let him be deposed and excommunicated.

66 [64]. If any cleric shall strike someone in a fight, and kill him with a single blow, let him be deposed because of his rashness and temerity; but if he be a layman, let him be excommunicated.

68 [67]. If any bishop, or presbyter, or deacon shall receive a second ordination from anyone, let both him and the one who ordained him be deposed;—unless it be established that he has his ordination from heretics. For it is not possible that those who have been baptized or ordained by such should be believers or clerics.

69 [68]. If any bishop, or presbyter, or deacon, or subdeacon, or reader, or cantor shall [observe] the holy Paschal Quadragesima, etc., as above, page 635.

79 [69]. If any bishop, or presbyter, or deacon, or anyone at all from the register of the clergy, shall fast together with Jews, etc., as page 138.

81 [80]. We have said that a bishop or a presbyter ought not to lower himself into public administrations, but to be occupied with ecclesiastical needs; let him therefore be persuaded not to do this, or let him be deposed: for no one can serve two masters, according to the Lord’s commandment. ^A

83 [82]. A bishop, or presbyter, or deacon, who is occupied in military service and desires to obtain both, namely a Roman magistracy and the sacerdotal administration, let him be deposed: for what belongs to Caesar, to Caesar; and what belongs to God, to God.

84. Whoever shall insult the king, etc., as page 739.

Concilii Nicæni canones 2, 10, 17.

2. Since many, whether by necessity, etc., as page 499.

10. Whoever of those who have lapsed, etc., as page 547.

17. Since many who are examined under the canon, pursuing the desire for acquisition and filthy lucre, have forgotten the divine Scripture which says, "He has not given ^B his money for usury," and those lending exact percent-interest; the holy and great synod has judged that if any after this decree be found taking interest, or otherwise managing the matter, or exact-ing one and a half (percent), or inventing any other thing for the sake of filthy gain, he shall be deposed from the clergy and shall be alien to the canon.

Concilii Ancyrani canones 10, 14, 18.

10. Whatever deacons are appointed, if at the time of their appointment they testified and said that they needed to marry, being unable to remain so, these, having married afterward, shall remain in the ministry because it was permitted them by the bishop. But if any, having ^C passed over this in silence and having accepted at their ordination to remain so, have afterward come to marriage, they shall cease from the diaconate.

14. Those who are in the clergy, being presbyters or deacons, and who abstain from meats, it is resolved that they should partake of them and thus, if they wish, abstain from them. But if they are unwilling to eat even the vegetables offered with the meats, and do not yield to the canon, they shall cease from their order.

18. Whatsoever bishops have been appointed and have not been received, etc., as page 506.

Concilii Cæsareensis canon 1.

1. If a presbyter marries, etc., as page 739.

Concilii Antiocheni canones 1, 3, 4, 5, 13.

1. All those who dare, etc., as page 639. ^D

3. If any presbyter, or deacon, or anyone at all of the priestly order, having abandoned his own parish, etc., as page 658.

4. If any bishop, having been deposed by a synod, etc., as page 201.

5. If any presbyter or deacon, having despised his own bishop, shall have separated himself from the Church, etc., as page 583.

^A 13. No bishop shall dare, etc., as page 475. *Council of Ephesus, canon 2.* 2. If any provincial bishops have absented themselves from the holy synod and have adhered or attempted to adhere to the apostasy, or, even after they have subscribed to the deposition of Nestorius, have returned again to the assembly of apostasy, it has pleased the holy synod that these be entirely alien to the priesthood and fall from their rank.

*Council of Chalcedon, canons 2, 18, 27.* 2. If any bishop make an ordination for money, etc., as page 515. 18. The crime of conspiracy or faction is strictly forbidden even by secular laws, and it is therefore much more fitting that this should be forbidden in the Church of God. If, therefore, any clerics or monks are found to be plotting or forming factions or hatching schemes against bishops or clerics, they shall be completely cast out of their own rank. 27. As for those who seize women in the name of marriage, or who assist, or who cooperate with those who seize them, the holy synod has resolved that if they be clerics, they shall fall from their own rank; if they be laity, they shall be anathematized.

*Council of Sardica, canon 21.* 21. Bishop Gaudentius said: These things, ^B in a saving manner, etc., as page 666. Moreover, this also, from that source, will be most clearly known and will be fulfilled, etc., as page 666.

*Council of the Sixth Ecumenical, canons 3, 4, 5, 9, 10, 11, 86, 97.*

Concerning priests and clerics.

86. We decree that those who force harlots into the lapse of their souls and support them, if they be clerics, are to be deposed; if they be laymen, they are to be excommunicated. ^B

97. Those who cohabit with a wife, etc., as on page 630.

CHAPTER XV. For what causes someone may be excommunicated and deposed at the same time, or deposed and cut off from communion or from the Church.

Apostolic Canons 28, 29, 30, 63.

28 [27]. If any bishop, or presbyter, or deacon, having been justly deposed for manifest crimes, should dare to touch the ministry once entrusted to him, let him be altogether cut off from the Church.

29 [28]. If any bishop, etc., by means of money, as on page 515.

30 [29]. If any bishop, etc., by secular princes, as on page 511.

63 [63]. If any cleric or layman shall have entered into a synagogue of Jews or heretics in order to pray, let him be deposed and excommunicated.

CHAPTER XVI. For what causes a cleric or layman is anathematized.

Canon 20 of the Council of Gangra.

20. If any man, using an arrogant disposition, ^C should hate the congregations of the martyrs, abhorring the holy rites celebrated within them, and accuse their memorials, let him be anathema.

Canons 2 and 7 of the Council of Chalcedon.

2. If any bishop should perform an ordination for money, etc., as on page 515.

7. We have determined that those who have once been enrolled in the clergy, or in the monastic life, are to come to neither military service nor secular dignity; and those who dare to do this, and do not repent so as to return to that which they had previously chosen for God's sake, are to be anathematized.

From the epistle of Basil to Gregory the presbyter.

I have read your letter with all patience, etc., as on page 687.

Canons 5 and 6 of the Synod of Union.

5. Anathema to those who slander the holy Church, saying that it received a fourth marriage, by reason of the divine dispensation ^D of God’s good pleasure, and for the sake of the reception and union of our brothers, whom the cause of previous scandals had divided.

6. Anathema to those who dare to say that the Church does not preserve the purity and chaste sanctity of her holiness, but has incurred some stain by reason of the union of children brought about by the grace of God—children whom the scandal that had already occurred had divided, but whom the denial and rejection of this same scandal by all together hath joined.

CHAPTER XVII. That one should not judge twice concerning the same matter.

Apostolic Canon 25.

25. A bishop, or presbyter, or deacon, for fornication, or perjury, etc., as on page 743.

^A Basilian Canons 3, 32, 51. 3. A deacon who has committed fornication after his ordination shall indeed be cast out of the diaconate; but, having been thrust into the place of the laity, he shall not be debarred from communion. For it is an ancient canon that those who have fallen from their rank should be subjected to this one kind of penalty; as I suppose, those of old followed that commandment: *You shall not judge twice for the same thing.* And also for another reason: because those who are in the lay order, if they are cast out of the place of the faithful, are again received into the place from which they fell; but a deacon has the penalty of deposition lasting once and for all. Since, therefore, the diaconate is not restored to him, they settled upon this punishment alone. And these are the things which are gathered from the constitutions. But in all matters, a more true medicine is withdrawal from sin. Wherefore, if a man has cast away grace for the sake of bodily pleasure, if he, by mortifying the flesh and by leading it into all servitude according to the precepts of continence, withdraws from the pleasures by which he was overcome and prostrated, he will provide us with a full proof of his healing. Therefore, it behooves us to know both things—those which pertain to the strict interpretation of the law, and those which pertain to custom; but in those cases where the strict law does not apply, we must follow the handed-down form. 32. Clerics who commit a sin leading to death are demoted from their rank; but they are not excluded from the communion of the laity. *For you shall not judge twice for the same thing.* 51. As regards clerics, the canons have set forth indefinitely, ordering that one penalty be inflicted upon those who have lapsed, namely, ejection from the ministry, whether they were in a [higher] rank, or whether they were continuing in a ministry which is not conferred by the laying on of hands.

CHAPTER XVIII. — For what reasons expulsion may occur entirely.

Chapter 19. — When someone retains the chair and ecclesiastical status, yet in no way exercises the ministry.

Concilii Ancyrani canon 1, 2.

Canon 9 of the Council of Neocaesarea.

Canons 3, 26 of the Sixth Ecumenical Council.

On presbyters and clerics.

Basilii canones 27, 70.

CHAPTER XX. — Non esse credendum episcopo affirmanti privatim sibi clericum de crimine esse confessum.

Concilii Carthaginensis canon 132.

On the bishop who excommunicates him who confesses a crime to him alone.

believed, even if he says that he does not wish to commune with the one who denies it, out of a scruple of his own conscience.

CAP. XXI. – Regarding a bishop or cleric who eats meat with blood, or that which has died naturally, or has been killed by a beast.

^AApostolical Canon 63. 63. If any bishop, or presbyter, or deacon, or altogether anyone from the sacerdotal register, shall eat meat with blood, etc., as on page 746.

Council of Ancyra, Canon 3. 3. Those who have fled and been apprehended, or have been betrayed by their own people, or have otherwise been stripped of their possessions, or have endured tortures, or have been cast into prison, crying out that they are Christians, and have been torn asunder, or if those who were offering violence ^B put incense into their hands, or if they took some food out of necessity, while they still confessed at all times that they were Christians, and always displayed the grief of the occurrence by their entire comportment, by their dress, and by the humility of their life—these, as being without sin, are not to be hindered from communion. But if they have been hindered by anyone, for the sake of greater caution or because of the ignorance of some, let them be admitted immediately. This, moreover, applies similarly to clerics and other laymen. It was also examined whether laymen who fell into the same necessity might be promoted to an order; it seemed good, therefore, that these also, as having committed no sin, should be promoted, if their prior course of life is found to be upright.

Council of the Sixth Ecumenical [Synod], Canon 67. 67. Divine Scripture has commanded us ^C to abstain from blood, and from what is strangled, and from fornication; those, therefore, who for the sake of a dainty stomach, by some artifice prepare the blood of any animal whatsoever into something edible, and thus eat it, we fittingly punish. If, therefore, anyone from now on shall attempt to eat the blood of an animal in any way whatsoever, if he be a cleric, let him be deposed; but if a layman, let him be excommunicated.

CAP. XXII. – That bishops, and presbyters, and deacons, and all who handle sacred things, ought to abstain from their own wives.

Council of Carthage, canons 3, 4, 25, 70. On Continence. 3. Bishop Aurelius said: In the previous council, when the matter of the restraint of continence and chastity was being discussed, it seemed good that these three ^D grades, which are bound together by a certain tie of chastity through their consecration, I mean bishops, presbyters, and deacons, should, as becomes holy bishops, and priests of God, and Levites, and those who attend upon divine mysteries, be continent in all things, so that they may be able to obtain what they simply ask from God;

that we also may likewise preserve what was handed down by the apostles and maintained by antiquity itself. ^A

Concerning the different orders that ought to abstain from wives.

4. Faustinus, Bishop of the territory of Picenum, legate of the Roman Church, said: It pleases us that bishops, presbyters, and deacons, or those who handle the sacraments, being guardians of purity, should abstain from their wives.

Concerning bishops and the following orders who handle the most holy mysteries, it was decided that they should abstain from wives.

25. Aurelius the bishop said: I add, most beloved brethren, in addition to these things, since the incontinence of certain of the clergy—even including readers—regarding their own wives has been reported, it has been decided, as has been confirmed in various councils, that subdeacons who handle the most holy mysteries, and deacons, and presbyters, but also bishops, in accordance with their own rules, should abstain from their spouses, so that they may appear as not having them; and if they have not done this, let them be removed from their ecclesiastical office. But other clerics are not to be compelled to this, unless at a more mature age. It was said by the whole council: We confirm those things which your holiness has justly moderated, and which are holy and pleasing to God. ^B

Which clerics ought to abstain from wives?

70. Furthermore, since the incontinence of certain of the clergy regarding their own wives has been reported; it has been decided that bishops, and presbyters, and deacons, in accordance with prior statutes, must also abstain from their wives; and if they have not done this, let them be removed from ecclesiastical office. But other clerics are not to be compelled to this, but it ought to be observed according to the custom of each Church. ^C

Of the Sixth Ecumenical Council, canons 12, 13.

12. And this also has come to our knowledge, etc., as on page 514.

13. Since we have learned that it has been handed down in the Roman Church as a rule that those who are to be promoted to the diaconate or priesthood must publicly promise that they will no longer be joined to their wives; we, preserving the ancient canon of apostolic accuracy and order, desire that the lawful conjugal unions of men who are in sacred orders be henceforth firm and stable, in no way dissolving their union with their wives, or depriving them of cohabitation with one another at the appropriate time; so that if anyone is found worthy to be ordained subdeacon, or deacon, or presbyter, this man shall in no way be prohibited from being raised to such a rank if he is with a lawful wife

cohabiting with a lawful wife. Nor should such a man be required at the time of his ordination to promise that he will abstain from his lawful intercourse with his wife; lest we be forced to insult the marriage which was ordained by God and blessed by His presence, as the voice of the Gospel cries out: "What God has joined together, let no man put asunder," and the Apostle teaches: "Marriage is honorable and the bed undefiled," and "Art thou bound unto a wife? seek not loosing." We know, however, as those also who met at Carthage did, and who, taking care for the honesty of the lives of the ministers, said that subdeacons who handle the holy mysteries, and deacons, and presbyters, should abstain from their consorts according to their own terms, so that we also may keep that which was delivered by the apostles and kept from antiquity itself, knowing the time of all things, and especially of fasting and prayer. For it is ^B necessary that those who attend the divine altar should, in the time of handling holy things, be altogether continent, that they may be able to obtain that which they seek sincerely from God. If, therefore, anyone shall dare, acting contrary to the apostolic canons, to deprive any of those who are in holy orders, we mean presbyters, or deacons, or subdeacons, of the union and communion with their lawful wife, let him be deposed. Likewise, if any presbyter or deacon shall cast out his own wife under the pretext of piety, let him be excommunicated; and if he continues, let him be deposed.

CAP. XXIII. — Of a clerk who mocks the infirm.

CAP. XXIV. — Of a clerk who mutilates himself.

^A that has befallen him, he is compelled to an excision; for just as the first canon of the Council of Nicaea does not punish those who have been surgically operated upon due to disease, because of the disease, so too do we; we neither condemn priests who order the sick to be castrated, nor do we censure laymen who use their own hands for the excision. For we consider this to be a healing of a disease, and not the practicing of a snare against the creature, or an injury done to the handiwork of God.

Read what is noted above in chapter 14, title 1 of the present work.

CAP. XXV. — Concerning apostate clerics, and those who sacrifice, and magicians, and enchanters, and astrologers, and mathematicians, and concerning divinations, and sorceries, and amulets.

Apostolic Canon 62 [61]. If any cleric, for fear of man, ^B or of a Jew, or of a Gentile, or of a heretic, shall deny, etc., see page 746.

Council of Ancyra, canons 1, 2. 1. Presbyters who have sacrificed, etc., see p. 595. 2. Deacons similarly who have sacrificed, but afterward have struggled, etc., see page 755.

Council of Laodicea, canon 36. That those who are set apart for the priesthood or clerics ought not, magicians etc., ^C see page 734.

Text. Concerning sorcerers, mathematicians, and the like, tit. 18, book IX, Cod. Const. 1: It establishes this: It is worse to kill by poison than by the sword. Const. 2: It is useful to know geometry, but the mathematical art is forbidden and condemned. Const. 3: No craftsman or priest, or any of those who minister to such a rite, for any reason at all, shall enter into the house of another, even if he be his friend; otherwise he himself shall be burned, and he who summoned him shall, after the confiscation of his goods, be deported, and anyone may accuse him. Const. 4: Those who by magic arts plot against the salvation or chastity of men are punished; but not those who, through these arts, heal men or preserve the abundance of fruits, or ward off rain or hail. Const. 5: Let no one consult a prophet, or an haruspex, ^D or an augur; nor let a Chaldean, or a mathematician, or anyone similar divine. He who acts contrary to these things shall be beheaded.

Text. Const. 6: Those who disturb the elements or kill their enemies through demons are consumed by wild beasts. Const. 7: Since witchcraft is everywhere odious, those who are found in the imperial retinue—magicians, soothsayers, those who divine by interpreting dreams, or haruspices—are tortured, and if they deny and resist those who prove the crime, they are subjected to the rack and iron claws, being unable to have any privilege. Const. 8: It is forbidden both to learn and to teach such things. Const. 9: Whoever knows of any sorcerer, and has caught him in the act of sorcery, let him deliver him up. If, however, a charioteer or any other person shall do contrary to these things, or shall secretly punish him, he shall be most severely punished; for it is assumed that he has done this as

^A an enemy, or that he might not make his accomplices known.

It is also stated in Book I of the Code, title 4, constitution 3, that sorcerers are to be confined and bound even during the days of Easter. And constitution 10 of the same title states that mathematicians who do not burn their books before a bishop and approach the orthodox faith are to be driven from every city; and if they are found in a city, or if they publish the ceremonies of their own religion, they are to be deported.

And title 11 of the same book, constitution 2: Let no one divine by means of extispicy; for he is bitterly punished who, against the prohibition, seeks out the truth of things present or future. Book V, title 17, constitution 8: A husband finding his wife to be a witch, having sent a letter of divorce, rightly dissolves the marriage; and conversely for a woman, if her husband be a poisoner. Similarly also the novella which deals with repudiations. Book IX, title 65, constitution 2: One condemned for sorcery, if he is convicted by evidence, witnesses, and his own confession, cannot ^B appeal; but if he is convicted by witnesses, documents, and other evidence, but not by his own confession, or [if he has confessed out of] fear of torture, he is not prevented from appealing. Book IX, title 41, constitution 3: First the servants of others are tortured, and when they appear to speak convincingly about the crime, then he who is said to have poisoned is also tortured. And constitution 16 of title 47 of the same book: A sentence is not to be passed against poisoners before the crime is proven by the confession of the defendant, and by tortures, and by concordant testimonies.

And Book X, title 15, constitution 1: It is permitted for everyone in his/her own place to seek treasure without sacrifices or any art hateful to the laws; and the finder enjoys [what is found], nor is it permitted to report such a matter to the prince. ^C

Regarding apostates, title 7 of Book I of the Code, constitution 1, says that whoever has become a Jew from being a Christian, his goods are confiscated. Constitution 2: He who says that a deceased person could not make a will because he had become a Pagan or a Jew from being a Christian, must bring the action within five years. Constitution 3: He who has become a heretic from being an orthodox believer does not associate with men, neither gives testimony, nor has the legal capacity to make a will, nor inherits property, nor has the remedy of repentance as in other sins. However, Novella 37, which discusses the Churches of Africa, grants a time of repentance to those who, being orthodox, were baptized by heretics. Constitution 4: Whoever has apostatized from the Christian faith and has sacrificed, or ordered another to sacrifice, is accused by everyone, nor does the prescription of a long period of time serve as a defense; nor can he bestow gifts from the time he apostatized, nor does he defraud the law under the guise of a sale, ^D nor does he make a will, but everything falls to his own relatives intestate, to whom it is permitted to accuse him even after his death, even if a formal charge was not initiated while the wretched man was still alive; and their gifts and wills are overturned, and to those called by the law

^A they fall. Const. 5. Whoever shall have led a Christian, whether slave or free, against his will or by persuasion, into an illicit religious rite, is punished capitally and his goods are confiscated. Const. 6. Whoever, being an orthodox cleric or monk, shall have followed the dogmas of Eutyches or Apollinaris, is held by the laws passed against heretics, and, just as has been decreed for the Manichaeans, is banished from the Roman republic.

Text. Lib. 1, tit. 9, const. 18. A Jew who shall have led one who was not of the Jewish religion into it by contrary doctrine is condemned to the proscription of his goods and is punished in a miserable manner.

Moreover, treatment of such matters is also found in the Digest. For it says in lib. 9, tit. 2, digest 7, that he who gave poison to a slave instead of medicine is held to account for the price [to be paid] for him, as one who has provided the cause of death. You should know, however, that there is [also] room for an action if he gave the medicine wrongly, as the digest [says]. Similarly also concerning a midwife, digest 9, lib. 10, tit. 2, digest 4. In an inheritance, bad medicines found, or magic books or similar items, are not divided among the heirs: but are destroyed at the discretion of the judge. Lib. 18, tit. 1, digest 35. Bad poisons are not sold. If, however, mixed [with other materials] they are useful, as should be said of an antidote, they are sold. Lib. 47, tit. 10, digest 15. Those who have alienated someone’s mind with medicine are held liable for an action for injuries. But if anyone who practices astrology or some other forbidden divination, when consulted, calls someone a thief who was not one: he is held by the constitutions. Lib. 48, tit. 8, digest 2. He is held by the law [Cornelia] on assassins who, for the purpose of killing a person, [either] makes, sells, or possesses poison. There are, however, also poisons which heal, and those which are called love philtres. If, however, anyone, even if not with a malicious intent, has given a woman medicine for conception, and she [as a result] has died, he is relegated. [Similarly] also a druggist, who has rashly given anyone hemlock, salamander, aconite, pityocampa, buprestis, mandragora, or cantharides. ^C

Text. Digest 13. He who performs forbidden sacrifices is held by the law [Cornelia] on assassins. Lib. 48, tit. 19, dig. 28. Poisoners endowed with rank are deported; the rest are punished capitally. Digest 38. He who has given a philtre or an abortion potion without malicious intent: if he is of low status, is condemned to the mines: if of high status, he is relegated with the loss of a portion of his goods, but if anyone has died thereby, the supreme punishment is inflicted. ^D

CAP. XXVI. - Concerning bishops or clerics who are strikers or homicides.

Apostolic canon 27, 66. 27[28]. We command that a bishop, or presbyter, or deacon who strikes the faithful who are sinning, or who have done injury to unbelievers, and wishes to terrify them by such means, be deposed; for the Lord nowhere taught us this; on the contrary, He Himself being struck, did not strike back

when He was reviled, He did not revile in return; when He suffered, He did not threaten.

^A If any cleric in a fight strikes someone, and from one blow kills him, let him be deposed because of his rashness and temerity; if he be a layman, let him be excommunicated.

Of the First and Second Council assembled in the Church of the Holy Apostles in Constantinople, canon 9.

9. Since the apostolic and sacred canon subjects to deposition priests who attempt to strike believers who have sinned, or unbelievers who have done injury—those who are contriving to soothe their own anger, and who twist the apostolic constitutions—they have understood these to be those who strike with their own hand, even though the canon signifies nothing of the sort, nor does right reason permit one to understand it so. For it is truly absurd, and very dangerous, that one who has struck with his own hand three or four times should be deposed, but ^B when authority is given by command to strike, one who inflicts punishment cruelly and even to death is overlooked and unpunished. Wherefore, since the canon absolutely punishes striking, we likewise decree the same along with it. For it behooves a priest of God to instruct the unruly with teachings and admonitions, and sometimes also with canonical penalties; but not with whips and stripes to fall upon men's bodies. But if there be any who are completely insubordinate, and do not yield to the correction of penalties, no one prevents these from being chastised through an appeal to the magistrates of the place. For indeed the fifth canon of the Council of Antioch also ^C decrees that those who stir up tumults and introduce seditions into the Church should be corrected by the external hand.

Basil’s canon 55.

55. Those who stand against robbers, if they are laymen, are excluded from the communion of the good; but if they are clerics, they are deposed from their rank. For everyone, he says, who takes the sword, shall perish by the sword.

The text of the 2nd Constitution of the Novels indeed forbids bishops to strike with their own hands; but it does not define the penalty. The civil law, however, generally provides for anyone who strikes or does injury (Book XLVII, tit. 10; Book IX, tit. 35, Cod.), granting an action for injuries ^D against them, which is instituted by a filed document, both pecuniarily and criminally. The law also determines what kind of injury is atrocious and what kind is light. But it treats of homicides in tit. 1, lib. XLVII, and tit. 16, lib. IX, Cod. You should know, however, that homicide is considered by the intention. Whence it may be found that he who struck, even if he did not kill, is nevertheless punished as a homicide; and he who killed, if he only intended to strike, is not punished as a homicide. And such intention is considered from the instrument with which the person was struck. As for the penalty for voluntary homicide, for those of honorable status it is deportation and complete confiscation of all goods; but for those of low estate...

they are to be delivered to the sword and to wild beasts. For one who kills through negligence or carelessness, the penalty is five years of exile; for one who kills unintentionally, pardon is given. When, therefore, you inquire about homicides, read the aforementioned titles together with their ^A paratitla. It has been stated generally in the Digest, Book XLVIII, Title 19, Law 5, that in all crimes it is necessary to inquire whether something was committed by design or by chance, and accordingly to apply either the law or a milder punishment. And in the same book, Law 11, it is stated that if someone commits an offense by design, as one who creates a faction; or by impulse, as one who is angry; or by chance, as one who, while hunting, casts a weapon at a beast and kills a human, [it is to be evaluated accordingly].

CAP. XXVII. — Concerning bishops and clerics who are gamblers, or drunkards, or fond of spectacles, or plunderers of tombs, or thieves, or perjurers, or usurers, or those who take half-again, or who devise for themselves some other shameful profit.

The Canons of the Apostles 25, 42, 43. 25 [24]. If a bishop, or presbyter, or deacon be convicted of fornication, or perjury, or theft, etc., as on page 743. 42 [41]. If a bishop, or presbyter, or deacon spends his time in gambling and drunkenness, let him either cease or be deposed. 43 [42]. If a subdeacon, or reader, or cantor does the same, let him either cease or be excommunicated. Likewise also for a layman.

^B The Canon of the Council of Nicaea, 17. 17. Since many who are named in the canon, etc., as on page 747.

The Canons of the Council of Laodicea, 4, 54. 4. That it is not permitted for men of the clergy to take usury, or what are called half-again [the principal]. 54. That it is not permitted for those holding holy orders or any clerics to look at shows at weddings or banquets, but before the stage-players enter, they should get up and withdraw from there.

The Canons of the Council of Carthage, 5, 16.

Concerning Avarice.

5. Bishop Aurelius said: The desire for avarice, which no one doubts is the mother of all evils, must be restrained, so that no one should misuse the boundaries of others, nor that anyone should transgress the boundaries determined by the Fathers for the sake of profit, nor that it should be permitted in any way for any cleric to receive usury from any matter. Although recent proposals, which are either obscure or ^C hidden under a general category, will be examined and drafted in form by us; yet concerning those things which divine Scripture has most clearly decreed, it is not for us to pass judgment, but rather to execute them. Therefore, what is reprehended in laymen ought much more to be condemned in clerics. The whole council said: No one against the prophets, no one against the Gospels acts without danger. ^D

That no bishop, or presbyter, or deacon should take any usury, etc.

16. It has likewise seemed good that bishops, and presbyters, and deacons should not be usurers, etc.

Canon 10, 23, 24, 50 of the Sixth Ecumenical Council. 10. A bishop, or presbyter, or deacon, [who takes] usury, etc., as on page 750. 23. That no one, whether bishop or presbyter, etc., as on page 515.

Chapter 27

50. Let no one 59* of all, whether laity or clergy, play at dice from this time forth. If anyone be caught doing such a thing, if he be a cleric, let him be deposed; if a layman, let him be excommunicated.

Canon 4 of the Council of Nicaea II. Concerning the fact that bishops must abstain from all greed. 4. The herald of truth, Paul, etc., as on page 515.

Canons 10, 14, 17 of Basil. 10. Those who swear not to accept ordination, etc., as on page 503. 14. The one who takes usury, if he consents to spend the unjust gain upon the poor, and for the rest to be freed from the malady of avarice, is acceptable for the priesthood.

17. You inquired of us concerning Bianor the presbyter, whether he is acceptable into the clergy because of the oath. Now I know that I have already set forth a common rule regarding all those who swore together with him to the clerics in Antioch: that they themselves should abstain from public assemblies, but in private should perform the duties of presbyters. And this same thing provides him with freedom to exercise his own office, because his priesthood is not in Antioch, but in Iconium, which city, as you yourself wrote to us, he exchanged for Antioch for the sake of dwelling. Therefore that man may be accepted; provided that your piety demands that he do penance for the easy and ready soul for swearing, which he swore before an infidel man, not being able to bear the annoyance of that small danger.

The 34th ordinance of title 4, book 1 of the Code, says: "A bishop or cleric, who either plays at dice, or has dealings with dice-players, or sits among them, or watches theatrical or arena spectacles, is separated from every sacred ministry, and is deprived of his own provisions, and a time of penitence is appointed for him; and if within this time he is seen to have repented worthily, he is deemed worthy of priestly humanity; but if after the time he persists, completely 59* Can. apost. 42, 43

^A ejected from the clergy, he becomes a senator along with his property in the city of which he was a cleric; or if that city has no senate, he is assigned to the one in need among the neighboring cities; and if it has no authority, he becomes a commoner. The patriarchs, bishops, and church defenders, as well as the governors of each province, the magistrates, and the defenders, keep watch over these things and report them to the priests. It is necessary, however, that such matters be inquired into with accuracy before the Gospels, and that indignation be conceived against calumniators. Various penalties are ordained against governors, officials, and defenders, if, having learned of these things, they do not report them to the appropriate priests. Indeed, the 2nd constitution of the 1st title of the Novels says that for three years they should be withheld from their ministry and cast into a monastery, granting the priests authority, if penitence is shown, to reduce the time.

Text. Not only is a cleric prohibited from perjury, but from swearing in general. For it is stated in the Code, book 1, title 3, constitution 25, that clerics litigating give sureties up to fifty pounds [of gold], and if the matter ^B exceeds this sum, they make a declaration regarding the excess without an oath; for both the laws and canons prohibit a cleric from swearing—even though it is said in the same book, title 12, constitution 3, that those who flee [to the churches] should be exhorted and, having received an oath regarding their security, lay aside the weapons they brought with them; and the 6th constitution of the same book says that if there is a suspicion concerning a cleric that he has property of the one fleeing, he shall swear by the order of his bishop. But the prohibition against clerics receiving usury, it seems to me, is said everywhere regarding interest from loans or by agreement, but not regarding those things that are ^C silently fitting for delays in bona fide actions.

Text. Yet the 3rd constitution of the 2nd title of the Novels says that in pious legacies interest and fruits are to be exacted because of delay.

Accordingly, the law does not discuss the theft of clerics specifically. It deals generally with theft in title 2, book 6 of the Code, and title 5, book 47 of the Digest. There are two species of theft, of which one is called manifest theft, and the other non-manifest. A manifest thief is he who is taken with the stolen object by any person whatsoever before he carries it to where he intended on that same day, whether in a public or a private place. But if he has carried it to where he intended, ^D even if he is subsequently caught with it, he is not a manifest thief; and he who is not such is a non-manifest thief. The penalty for a manifest thief becomes fourfold the value of the stolen object, sometimes also that of the interest; for a non-manifest one, twofold. And from both, besides this penalty, the object is given [back] or its valuation.

Text. He who takes [something] from a fire or shipwreck, outside of the object [taken], within a useful year gives fourfold to the one from whom it was stolen, and fourfold to the treasury; but after a year, the simple amount, as book 6 of the Code

title 2, Constitution 18, and in title 9 of book 47, say. ^A Generally, thieves are accused criminally, as Digest 93 of the same title says, and the penalty of twofold or fourfold ceases. For it is said in Digest 57 of the same, that if anyone hands over a thief to the prefect of the watch or to the governor, and the condemned [thief] pays the item or its valuation, the action against him is lifted, as he has [already] risked [punishment]; but he who is condemned for theft, or is amicably released upon the giving of money, becomes infamous, as book 3, title 2, Digest 2, canon 6.

The 12th title of book 48 deals generally with violators of sepulchers, in which it says that they are subject [to punishment] both pecuniarily and criminally; and the pecuniary penalty is sometimes for 100, sometimes for 200, sometimes for the difference of the damage caused, and the condemned person becomes infamous. ^B And those who violate sepulchers, if [they do it] with arms, they are punished with capital punishment; but if without arms, up to the punishment of the mines; those who move the remains or bones, if they are of humble status, are punished with the supreme penalty; but if they are of higher standing, they are deported; those who commit other offenses regarding a monument, are exiled or condemned to the mines; the same title and the 7th [title] of the 11th book of the Digest teach how it is possible to move remains and beautify a monument without risk and without penalty. And sepulcher violators are subject also to the law concerning sacrilege, as book 48, title 13, constitution 5 of title 19 of book 9 of the Code, in which also the pecuniary penalties are increased, sometimes bringing about the deprivation of property, or field, or house, if material from a monument has been carried into them; sometimes bringing about a penalty of 10 pounds [of gold], and 20 for the governor not prosecuting; and in the days of Easter, sepulcher violators are locked up and bound, as book 1 of the Code, title 4, constitution 3.

CAP. XXVIII. — On those who revile marriage, or wine, or meat.

Apostolic canon 51, 53. 51. If any bishop, or presbyter, or deacon, or, in general, anyone from the priestly list, marriage and meat, etc. 53. If any bishop, or presbyter, or deacon, in the days of the feasts, etc. Council of Ancyra, canon 14. 14. Those who are in the clergy, presbyters or deacons, etc. Council of the Sixth Ecumenical [Synod], canon 13, 30. 13. Since in the Roman Church, etc. 30. Desiring that all things be done for the edification of the Church, we have determined to provide for the priests who are in the Barbarian Churches; so that if they think they ought to overstep the apostolic canon which [decrees] that one should not cast out his own wife under the pretext of piety, and to do more than what has been prescribed, and from this, having come to an agreement with their own wives, abstain from mutual intercourse,

we determine that they must no longer cohabit with them in any way, until they provide us from this with a perfect demonstration of their promise. ^A We have granted this to them for no other reason than out of consideration for their small-mindedness and their strange and not sufficiently firm character.

CAP. XXIX. — Concerning lawful and unlawful marriages. And that readers who have reached puberty should be asked whether they wish to marry. And concerning concubinage, fornication, and adultery.

Apostolic canons 17, 18, 19, 25, 26. 17 [16]. He who has been involved in two marriages after holy baptism, etc., see page 511. 18 [17]. He who has taken a widow, or a repudiated woman, or a harlot, or a servant, etc., see page 511. 19 [18]. He who marries two sisters, or a cousin, cannot be a cleric. 25 [24]. If a bishop, or presbyter, or deacon is involved in fornication or perjury, etc., see page 743. 26 [25]. Of those who have been promoted to the clergy unmarried, we command that, if they wish to marry, they shall be readers and cantors only.

Canon 10 of the Council of Ancyra. 10. Deacons who are appointed at the very institution, etc., see page 747.

Canons 1, 9, 10 of the Council of Neocaesarea. 1. If a presbyter marries, he shall be removed from his order; but if he commits fornication or adultery, he shall be utterly ^B cast out and led to penance. 9. If a presbyter who has previously sinned, etc., see page 547. 10. Likewise, if a deacon falls into the same sin, let him hold the rank of a minister.

Canons 14, 15 of the Council of Chalcedon. 14. Since in some provinces it has been permitted to readers and cantors to marry, the holy synod has decreed that it is not lawful for any of them to take a wife of a different creed: those, however, who have already had children from such a marriage, if they have already baptized the children born to them among the heretics, are to bring them to the communion of the Catholic Church; but if they have not baptized them, they shall not be able to baptize them among the heretics; nor shall they join in marriage with a heretic, or a pagan, or a Jew, unless the person ^C who is joining with the orthodox person promises to convert to the orthodox faith. If, however, anyone has transgressed this decree of the holy synod, let him be subject to canonical punishment. 15. A woman shall not be ordained a deaconess, etc., see page 550.

Canon 16 of the Council of Carthage. That no bishop, or presbyter, or deacon shall act as a bailiff, etc., see page 850. Likewise it was pleased that bishops, and presbyters, and deacons shall not be bailiffs, etc., see page 550. ^D

XXIX. Of the Sixth Ecumenical Council, canons 3, 4, 6, 12, 13, 48, 49.

Concerning priests and clerics.

3. Since our pious and Christ-loving emperor, etc., see page 511. ^A 4. If any bishop, or presbyter, or deacon, etc., see page 730. 6. Since it is found in the apostolic canons that of those who are promoted to the clergy unmarried, only readers and cantors may contract marriage, we also, observing this, decree that henceforth it shall be permitted to no subdeacon, deacon, or presbyter, after his ordination, to contract marriage. If any shall dare to do this, let him be deposed. But if any of those entering into the clergy wishes to be joined to a woman by the law of marriage, let him do so before he is ordained subdeacon, deacon, or presbyter. 12. And this also has reached our knowledge, that in Africa, etc., see page 514. ^B 13. Since in the Roman Church, etc., see page 759. 48. The wife of one who is promoted to the episcopate, having first separated from her husband by common consent, after he has been ordained and consecrated bishop, shall enter a monastery built far from the bishop's residence, and she shall enjoy the bishop's support. But if she appears worthy, she shall even be promoted to the dignity of the diaconate. 59. In an oratory, etc., see page 607. ^C

Basilii canons 3, 6, 69, 70.

3. A deacon who has committed fornication after his diaconate, etc., see page 753. 6. The fornications of those in canonical orders shall not be considered as marriage, but their union shall be broken by every means; for this is useful for the security of the Church, and will give the heretics no handle against us, as though we drew them to ourselves through license to sin. 69. If a reader has had intercourse with his betrothed before marriage, after having been suspended for a year he shall be accepted for reading, remaining without blame; but if he has stolen a marriage without betrothal, he shall be removed from service; and this is the same for a minister. 70. A deacon who has been polluted in his lips, etc., see page 755. ^D

Theophili from his Commonitorium, canons 4, 5.

4. Concerning Panuph, etc., see page 550. 5. Concerning Jacob, to be asked, etc., see page 550.

Text. Lib. 1, Cod. Tit. 3, Const. 5. If any person merely attempts to take a sacred virgin as a wife, he is punished by capital punishment. And Const. 44, of the same title: If a presbyter, or deacon, or subdeacon contracts marriage, he is held by the canons, which are of no less force than the laws, and he falls from the priesthood. Moreover, their children, as being born of illicit nuptials, neither

are legitimate nor illegitimate, nor do they inherit anything from their fathers by donation, succession, or any fictitious debt or other obligation; nor do their mothers—but rather that Church in which they served takes it. llbracketA It is also stated in Const. 13, tit. 1 of the Novels: If a monk becomes a cleric, let him not dare to advance to marriage, even if he has obtained a rank in the clergy in which it is permitted for clerics to contract marriage, [which is granted] to chanters and lectors. To all others, marriage is universally forbidden. But if he should contract a marriage, or keep a concubine, or live unchastely, he is to be expelled and become a layman. Let him not dare to turn to military service or another office. And Const. 1, of the same title: No one who has repeated a marriage is to be ordained a presbyter or deacon; nor he who cohabits with a wife who left her husband [after a divorce]; nor he who has a concubine. But [such a one] should lead a chaste life, or also cohabit with his wife, or have been the husband of only one [wife, her] chaste and [taken] from her virginity. Furthermore, if any presbyter, llbracketB deacon, or subdeacon, either openly or secretly, or under any pretext [to himself], introduces a wife or a concubine, he is to be immediately cut off from the sacred order and be a private person and a layman. A lector, however, who repeats a marriage may not advance [to higher ranks], nor arrive at third nuptials. And if he endeavors to advance after a repeated marriage, he is to be a layman.

He says likewise: Let deaconesses who are ordained be admonished [and] know that if they have contracted marriage or chosen another way of life [and] have dared to dishonor their ordination, they shall be liable to death, and their property shall be applied to their monasteries or churches. But those who have dared to lead them astray or defile them shall be subject to the sword, and the fisc shall seize their property.

Text. Const. 2, of the same title: If a decurion or a soldier, after having been a monk for fifteen years, becomes a cleric, [and] then contracts a marriage, [he is restored] to his former status. [This] same thing holds also in the case of others who have become clerics from [being] monks, [even] if they were not decurions or soldiers. He who ordains a celibate shall ask him llbracketC if he can live chastely without a legitimate wife. But he who, at the time of ordination, allows a deacon or subdeacon to marry after ordination, is expelled from the episcopacy; a presbyter, or deacon, or subdeacon who marries after ordination is expelled from the clergy, and with his possessions is handed over to the council of the city in which he was a cleric. A lector who repeats [a marriage], or takes a widow, or one separated by divorce, or one forbidden by laws or canons as his wife, shall not proceed to another rank; indeed, if he has proceeded, he is restored to the previous one.

He says further: Those who abduct, or seduce, or defile an ascetic, or a nun, or a deaconess, or one wearing another religious habit, and those who associate [with them] are punished with capital llbracketD punishment, and their property is delivered to the Church or the monastery of the designated region.

to be securely guarded. But if she is a deaconess having legitimate children, they take their legal portion. If, however, the venerable houses do not claim those assets within a year after the crime has become known, the fiscus takes them; and the official who neglects to prosecute them is stripped of his belt and fined five pounds [of gold to be applied to the prince's private affairs].

CHAPTER XXX. – On those who abduct women for the sake of marriage.

Apostolorum canon 67 [66]. If anyone, having used force, possesses a virgin not betrothed, etc., as on page 838.

Concilii Ancyrani canones 11, 25. 11. Concerning maidens who have been betrothed and afterwards carried off by others, it has been decided that they should be returned to those to whom they were previously betrothed, even if they have suffered violence at their [the abductors'] hands. 25. A man betrothed a maiden, committed defilement with her sister, so as to cause her also to conceive; he afterwards married his betrothed, but she who had been defiled hanged herself. Those who were aware were ordered to be received after ten years among the *consistentes*, according to the established grades.

Concilii Chalcedonensis canon 27. 27. Those who carry off women, etc.

Concilii œcumenici vi canon 92. 92. The holy synod has decreed regarding those who carry off women under the name of matrimony, or those who assist or cooperate with the abductors: if they are clergy, they shall fall from their own rank; if they are laity, they shall be anathematized. ^B Theophili ex Commonitorio canon 2. 2. Concerning a presbyter who has been appointed in Ereba, inquiry must be made; and if, while the husband was still living, he committed violence against a woman who had separated [from her husband], he shall not be permitted to be a presbyter; for he ought not even to communicate as a layman, since the Church is accustomed to separate such persons. This, however, brings no prejudice upon Bishop Apollo, if he ordained him through ignorance; since the holy synod has ordered that those who are convicted after ordination as being unworthy on account of a crime should be expelled.

Textus. Lib. 1, tit. 3, const. 5. If anyone shall have abducted, or even attempted to take as a wife, a consecrated virgin, he is punished with the capital penalty. And const. 53 of the same title: It is permitted to the parents, brothers, and guardians or curators of virgins, deaconesses, and widows consecrated to God, to kill their abductors, and those who provide assistance to them at the time of the invasion, if caught in the very act. But if they have escaped by flight, they are to be investigated: in Constantinople by the praetorian prefects [pretorium] and the city prefect [urbis]; in the provinces, however, all officials, both civil and military, and after the establishment

of the evidence, they put them to death, being unable to use the plea of the prescription of the forum or the right of appeal. ^A

Chapter XXX

And they are punished with the ultimate penalty, not being allowed the prescription of the forum, and the property of the abductor, as well as that of the one who aided him, is taken by the monastery or the asceterium, so that the victim of the violence might be supported from them there. But if the one who suffered violence is only a deaconess and not an ascetic or a nun, the Church which has jurisdiction over her receives the ownership, but she herself receives the usufruct. Those who aided her in any other way, or provided service, or were privy to it, or received them, or contributed effort in any way, are subject only to the ultimate penalty. These aforesaid rules hold good even if one of the aforesaid women was abducted willingly (Book I, tit. 4, const. 3). And in the days of Easter, the abductors of virgins are imprisoned and bound (Book III, tit. 24, const. 1). He who is not an illustrious person, but only a most clarissimus, if he has committed the abduction of a virgin in a province, is subject to the laws there, and does not use the prescription of the forum. ^B

Chapter XXXI

Title 41, const. 4: He who says that his wife has been abducted by a slave must not accuse the master, but the slave himself (Book VII, tit. 3, const. 3). If a slave has reported the abduction of a virgin, which had been hidden by a pact or dissimulation, he is granted freedom (Book IX, tit. 9, const. 7). A husband cannot institute proceedings as husband regarding the violent defilement of a virgin committed before marriage, unless she was his betrothed; but she herself may institute proceedings with her curators (Tit. 10, const. 1). If anyone defiles a woman who was under his guardianship, he is deported and his entire property is confiscated (Tit. 11, const. 3). If the betrothed of my son is abducted, I set in motion the law regarding force (Book IX, tit. 13, const. 1 and unica). If anyone abducts any woman whatsoever, whether free or slave, even if she was betrothed to him, he dies having been condemned to a capital sentence, and likewise those who have brought aid to him in the abduction. And to the fathers of the abducted ones, and to the brothers, guardians, uncles, or masters, it is permitted at the time of the assault to kill these men. If, however, they escape, they search for them: in Byzantium, the prefects and the urban prefect, and in the provinces, all the magistrates, praetores militum, and dukes, and after a trial put them to death, not being able to use the prescription of the forum or right of appeal. ^C

And if a slave or a freedwoman is abducted, the abductors are put to death, but they do not suffer the diminution of their property. But if a free-born woman has been abducted, all the property of the one who abducted her and of those who aided him is assigned to the abducted woman; and not even with the consent of the father can they marry the abductor. The same penalty of death and loss of property is incurred by those who accompanied them in her assault. But those who were privy, and the ministers, and those who received them, and those who in any way labored for them, of whatever nature, fortune, rank, or dignity they may be, suffer only capital punishment, even if the woman was abducted willingly. If, however, the parents of the abducted woman should endure it and concede, they are deported; ^D

Slaves, male or female, who serve in an abduction, are burned. Furthermore, since this constitution regarding the abduction of women, sacred virgins, and widows is sufficient, all things determined elsewhere concerning it cease to be in force. ^A

Text: And Book 46, Digest 2, 39: Whoever abducts or hides another’s slave girl who is a prostitute is held neither as a thief nor as a kidnapper; for he did not do this for the sake of theft, but for the sake of lust. Book 48, Digest 5, 26: The five-year period of time limited for the accusation of adultery has no place in defilement committed by force. For when public violence is committed, it is instituted without the limitation of time. Similarly Digest 5, Title 6 of the same book, when it says that abduction is more enormous than adultery. And that he who has abducted a married or unmarried woman is punished with the ultimate penalty: and this even if a stranger requests it, if the woman’s father, having been entreated, has connived. ^B

Moreover, it is said in Constitution 1, Title 1 of the Novels, that those who defile a deaconess are liable to the sword, and the fisc takes their property. And Novel 17, which discourses on the mandates of the presidents, forbids that the terms of asylum be reserved for the abductors of virgins. And Constitution 2 of the same title says that those who abduct, or seduce, or defile a consecrated woman, or a deaconess, or a nun, or one possessing another religious habit, and those who associate themselves with them, are afflicted with capital punishment. And their property is assigned to the Church or monastery of the affronted woman through the bishop, and the steward, and the magistrates and the ranks. She herself, with her property, is cast into a monastery to be safely guarded. But if she is a deaconess having legitimate children, they take their legitimate portion. But if the venerable houses do not claim the properties within a year after the abomination became known, the fisc takes them. The magistrate who neglects to claim them is deprived of his belt, and is fined five pounds of gold, to be applied to the private treasury. ^C But Novel 141, which discourses about an abducted woman who has married her abductor, says that such a woman cannot take the property of the abductor, nor that of those who were partners in the crime, but her parents take them, unless they specifically consented to the marriage; if they did consent, or if they do not survive, these same things are said to be confiscated.

CAP. XXXI. — Concerning men of sacred order who bathe with women.

Concilium of Laodicea, canon 30. 30. That it is not fitting for one who is sacred, or a cleric, or an ascetic, to be washed in a bath with women, nor any Christian or layman at all; for this is the first condemnation among the heathens. ^D

Council of the Sixth Ecumenical [Synod], canon 77. 77. That it is not fitting for those initiated into sacred things, or clerics, or ascetics, that is, exercitants or monks, to be washed with women, nor any Christian or layman; for this is the first condemnation

^A among the nations. But if anyone be detected in this, if he be a cleric, let him be deposed; if a layman, let him be excommunicated.

Text. Novella 117, which treats of repudiation, rightly gives the power, that if a wife, against her husband's will, bathes with men, he may send her a bill of divorce, and dissolve the marriage, and gain her dowry.

CAP. XXXII. — Concerning bishops and clerics who pass over to a lay state, or to civil dignities, or to military service.

Apostolic canon 83 [82]. A bishop, or presbyter, or deacon, who occupies himself with military service, etc., as on page 747.

Council of Nicaea, canon 12. ^B Those who, having been called by grace, etc., as on page 731.

Council of Chalcedon, canon 7. Those who are once enrolled in the clergy or are monks, etc., as on page 731.

Text. Book 1, of the same title, konstitutio 37. Slaves who by the will of their masters become monks obtain their freedom; but if they leave their ascetic practice and pass over to another state, they are drawn back into slavery. And konstitutio 52 of the same title: If anyone, while being a cleric, enters armed military service, or [having already] been deposed, goes over to military service, he is dismissed, and immediately becomes a decurion of his own city, or another city within the same province, if his city has many decurions. But if he hides, the decurions seize his property, and they take for themselves half of his established or expected revenues; ^C the other half is brought to the table of the prefects. The same also applies to a monk who in any way performs military service, or assumes a dignity, or pursues a forensic life.

Text. Konstitutio 53 of the same title. It is not permitted for parents to impede their children who wish to become monks or clerics, nor for this reason alone to disinherit them. But if they make a testament, they are required to leave them a fourth part; otherwise, the case is that of an intestate. But if [those persons] leave the churches or monasteries, and become worldly, all their rights belong to the monastery or the church. Truly the first konstitutio of title 1 of the Novellae also says that whether he be a presbyter, or deacon, or subdeacon, ^D or lector, if he wishes to abandon the clerical habit and pass over to another kind of life, he shall be ascribed to the curial condition with his goods, or if he is destitute, to a humble state. And the second konstitutio of the same title says: Let no one, leaving his own ecclesiastical lot, become a worldly man. Otherwise he shall be deprived of the dignity which perhaps may have come to him, or of his military service, and shall be delivered to the curia of his own city. If a slave is made a cleric with his master knowing and not objecting, he becomes free and free-born. But if the master was ignorant, and proves his fortune within a year, he receives him back. But if he, having thus been made free, passes over to the worldly life, he is handed over to the master into slavery. Likewise, if he who through mono...

for his master into servitude; and because he who has been freed through the monastery, if he becomes a layperson or wanders about in the fields, is restored to his own status. And constitution 13 of the same title states: If a slave, in accordance with the observance in that [handed-down] rule, having become a monk, attempts to leave the monastery and pursue another manner of life, it shall be permitted to his master, after proving his status, to drag him back and subject him among his slaves. But also constitution 1 of title 1 of the Novellae says: If a monk becomes a layperson, he is stripped of his military service and honor, and with those things which he acquired, he is sent by the bishop into a monastery. But if he should again leave the monastery, the governor of the province in which he was apprehended shall attach him to the provincial cohort.

CAP. XXXIII. — Regarding those who are privy to the crimes of clergy, and do not reveal them.

CAP. XXXIV. — That clergy who have given sureties are to be deposed.

CHAPTER XXXV. — Regarding clerics eating in a tavern or inn.

^A 9. No cleric is permitted to have a tavern, etc., as on page 750. Text. Novel 14, tit. 1, says that a monk who frequents a tavern should be chastised—in the provinces by the defenders of the cities, and in Constantinople by the prefect of the praetorium—and expelled from the monasteries by the abbots. This law is to prevail everywhere, and the prefects and governors [ought to] take care that it is observed.

CAP. XXXVI. — Concerning clerics who are contumelious toward an emperor, or a bishop, or a magistrate, or a presbyter.

Apostolic canons 55, 56, 84. 55 [54]. If any cleric shall have offered contumely to a bishop, let him be deposed. For, "You shall not speak evil of the ruler of your people" (Exod. xxii, 28). 56 [55]. If any cleric shall have offered injury to a presbyter or deacon, let him be segregated. 84 [83]. Whoever shall offend the king, etc., as on page 739.

Concerning the canon of the synod under Photius, canon 3. 3. If any of the laity, despising divine and royal mandates, and holding in contempt the fearsome ordinances and laws of the Church, shall dare to strike or imprison any bishop, either without cause or by fabricating a cause, let such a one be anathema.

Text. The civil law speaks nothing specifically concerning clerics who offer contumely. But it says in Book IX of the Code, tit. 7, constitution 1—and that the only one—that he who insults the emperor is not to be punished, nor shall he suffer anything harsh or severe. For [it says] either he spoke out of levity, and he is to be despised; or out of insanity, and he is held worthy of pity; or [he did it] as though he had suffered an injury, and he is pardoned. [The matter] is, however, referred to the emperor, and he himself judges from the quality of the person whether he ought to be forgiven or punished. For it is stated also in Book XLVIII, tit. 4, digest 7, that judges ought not to abuse the honor of the emperor [majestatis], but to look to the truth: namely, whether the person [could have done this], and whether he had done so before, and whether he had contemplated it, and whether he was of sound mind. For indeed, a garrulous person ought not to be easily punished unless the offense is such that it is punished by a definite law or by precedent. It is, however, more harsh when one rises up against soldiers. But generally, concerning those who offer contumely, or strike, or compile libelous [libels], or read them and do not tear them up, Book XLVII, tit. 10, and Book IX of the Code, tit. 35 and 36, and Institutes, Book IV, tit. 4, treat these subjects; in which it is stated that [the action for injuries] may be brought both pecuniarily and criminally. And that he who is condemned for injuries becomes infamous, even if he has done injury to another man’s slave, or if he has settled the matter by money given in friendship, as in Book III, tit. 2, digest, and [it is handed down]. And, that an atrocious injury is one which is [committed] against a magistrate, a consul, a priest, [or otherwise one] endowed with honor. And that ^D

^A only within a year may this action be brought. But against those who compose famous libels, or those who read them, or to whom some say they are read, a capital penalty is appointed: as book IX, tit. 36 [teaches].

CAP. XXXVII. — Concerning those who form conspiracies or sodalities.

Council of the Sixth Ecumenical [Council], canon 34. 34. And since this same priestly canon clearly declares that the crime of conspiracy or sodality is entirely forbidden by exterior laws, ^C much more is it fitting that it be forbidden to occur in the Church of God, and we strive to observe this: so that if any clergy or monks are found either conspiring, or entering into sodalities, or plotting evil against bishops or fellow-clergy, let them fall entirely from their own rank. The Civil law also punishes factions and conspiracies, as book XLVIII, tit. 4, digest 4, and tit. 19, digest 1, and book XVI [teach].

CAP. XXXVIII. — What sins are resolved by ordination.

CAP. XXXIX. — Concerning penance, and who has the authority to grant reconciliation to those who repent, and that it is permitted for a priest to diminish or increase canonical penalties.

Council of Nicaea, canons 11, 12. 11. Concerning those who have transgressed without necessity, or without the stripping of their goods, or without danger, or anything of that sort, which happened under the tyranny of Licinius, it seemed good to the synod, even if they were unworthy of humanity, nevertheless to use clemency and kindness toward them. Whoever, therefore, genuinely and...

^A faithfully repent, shall spend three years among the hearers, and for seven years shall prostrate themselves as suppliants; and for two years they shall be participants in prayers with the people, but without the oblation.

12. Those, however, who have been called by grace, et cetera, as on page 731.

Synod of Ancyra, canons 1, 2, 3, 4, 5, 6, 7, 8, 9.

1. Regarding presbyters who sacrificed, then later resisted, et cetera, as on page 595.

2. Deacons likewise who sacrificed, et cetera, as on page 755.

3. Those who fled and were captured, et cetera, as on page 758.

4. Regarding those who sacrificed, and furthermore partook of meals at the idols, whoever were led away and appeared in a more cheerful state, and used more sumptuous clothing, and partook of the prepared feast without concern: it seemed good that they hear for one year, be prostrate as suppliants for three years, and participate in prayer alone for two years, and then approach that which is perfect.

5. Whoever, however, with mournful garment approached, and reclining ate, meanwhile shedding tears during the whole time of their reclining, if they have completed the three-year ^B period of prostration, they shall be received without the oblation. But if they did not eat, and having been prostrate as suppliants for two years, in the third year they communicate without the oblation, so that they may receive that which is perfect in a three-year period. We decree, however, that the bishops, having examined the manner of their conversion, have the power either to exercise clemency or to add more time. Above all, however, both their preceding life and that which follows shall be examined, and thus let clemency be granted.

6. Regarding those who yielded only to the threats of punishment, or of the confiscation of their property, or of exile, and sacrificed, and up to the present time have not done penance, nor have they been converted; but now, around the time of the synod, they have come forward and have assumed the thought of conversion: it seemed good that they be admitted to hearing up until the Great Day, and after the Great Day they shall be prostrate for three years, and after another two years they shall communicate without the oblation, and ^C thus come to that which is perfect, so that they fulfill the entire six-year period. If any, however, were admitted to penance before this synod, let the beginning of the six-year period be reckoned to them from that time. But if a danger and the expectation of death should occur from sickness or any other cause, let these be received under the condition.

7. Regarding those who feasted at a pagan festival, in a place specifically assigned to the pagans, and brought their own food and ate: it seemed good that, having been prostrate for two years, they should be received; but whether they should [communicate] with the oblation, [is a question]. ^D

^A And it is for the bishops to examine each one, and to inquire into the life of each.

8. But let those who have sacrificed a second and third time under force, be subject to prostration for four years; let them communicate for two years without the oblation, and in the seventh year be fully received.

9. But whoever not only apostatized but also rose up and compelled their brothers, and were the cause of their being compelled, let these for three years receive the place of hearing; for another six years the place of prostration; and for another year let them communicate without the oblation, that having completed the decade, they may become participants of what is perfect: in this time, however, their life also must be examined.

Canon 2 of the Council of Neocaesarea

2. If a woman marries two brothers, let her be cast out until death; yet at the point of death, for the sake of humanity, if she says that if she recovers she will dissolve the marriage, she shall have the opportunity for penance; but if the woman dies, or the husband, while in such a marriage, the penance for the one who remains is difficult.

Canon 2 of the Council of Laodicea

2. Concerning those who sin in various transgressions and persevere in the prayer of confession and penance, and make a complete turning away from evils, according to the proportion of the transgression and the time of penance granted, such [persons] are through the mercies and goodness of God to be brought to communion.

Canons 6, 7, 27, 43, 45 of the Council of Carthage

That chrism should not be made by presbyters.

6. Bishop Fortunatus said: In previous councils we recall—it was said by all the bishops: "It pleases all. The making of chrism and the consecration of virgins," etc. ^{B C}

Concerning those who are reconciled while in danger

7. Bishop Aurelius said: If anyone, being in danger, asks to be reconciled to the holy altars, if the bishop is absent, the presbyter ought indeed to consult the bishop, and thus reconcile the one in danger according to his command: and this matter we ought to validate with a salutary decree. It was said by all the bishops: "That which your holiness has deigned to teach us as necessary, pleases us."

Presbyters and deacons who are convicted of a graver sin shall by no means receive the laying on of hands as laymen.

27. Likewise, it was confirmed that if at any time presbyters or deacons are convicted of any graver sin, by which it is necessary for them to be removed from the ministry, one should not impose hands upon them as upon penitent laymen, ^D

nor is it permitted for them, by being rebaptized, to advance to the rank of the clergy. ^A

Concerning penitents.

Concerning the sick who of themselves are unable to answer.

Basilian canons 5, 34, 74, 75, 76, 82, 84. 5. It is necessary to receive heretics who at the approach of death perform penance. To receive them, however, not without judgment,

^A but by examining whether they show true repentance, and whether they have fruits that testify to their zeal for salvation.

34. Our Fathers forbade the public exposure of women who have been defiled by adultery and confess it out of piety, or who are convicted in any way, lest we provide a cause of death for those who are convicted; but they ordered them to stand without communion until the time of their penance is fulfilled.

74. If, however, any one of those who have been involved in the aforementioned sins becomes zealous in confessing, the one who has been entrusted by God's kindness with the power to bind and to loose, if he becomes more compassionate—seeing the greatness of the repentance of the one who has sinned—in shortening the time of the penances, he will not be deserving of condemnation, since the history in the Scriptures teaches us that those who perform penance with greater labor quickly obtain ^B God’s mercy.

75. He who has been defiled with his own sister, whether by father or by mother, let him not be permitted to enter the house of prayer until he ceases from his lawless and forbidden act. After he has come to a sense and awareness of this terrible sin, let him weep for three years, standing by the doors of the houses of prayer, and begging the people who enter for prayer that each one may compassionately pour out fervent prayers to the Lord on his behalf. Beyond this, let him be admitted for another three years to hearing only, and after hearing the Scriptures and the teaching, let him be cast out and not be deemed worthy of prayer. Then, if he has sought it with tears and has prostrated himself ^C to the Lord with contrition of heart and strong humility, let the position of prostration be given to him for another three years. And thus, when he shows fruits worthy of repentance, in the tenth year let him be received into the prayer of the faithful without an oblation; and having stood for two years with the faithful at prayer, thus at last let him be deemed worthy of the communion of the Good.

76. The same rule applies also to those who take their own brides.

82. And concerning those who have perjured themselves, if they transgressed their oaths out of force and necessity, they are subject to lighter penances, so that after six years they may be received. But if they betrayed their faith without necessity, when they have wept for two years, and have heard [the Scriptures] for two years, ^D and have prayed in prostration for five, and have been admitted for two others to the communion of prayer without an oblation, thus, finally, having shown worthy repentance, they shall be restored to the communion of the body of Christ.

84. We write all these things so that the fruits of repentance may be tested, for we do not judge such matters entirely by time, but we pay attention to the manner of repentance; but if they are with difficulty torn away from their own habits, and prefer to serve the pleasures of the flesh rather than the Lord, and their life according to

^A the Gospel they refuse to admit, there is no common ground between us and them. For we have been taught to listen to a disobedient and gainsaying people, as we hear: "Save, save your own soul" (Gen. xix, 17). Let us not, therefore, allow ourselves to suffer destruction along with such people; but fearing the grave judgment and holding before our eyes the terrible day of the Lord’s retribution, let us not desire to perish together with the sins of others. For if the terrible things of the Lord have not instructed us, and such scourges have not brought us to the realization that it was for our iniquity that the Lord abandoned us and delivered us into the hands of Barbarians, and that the people were led away captive to the enemy and delivered over to dispersion—because these things were dared by those who carry the name of Christ—if they did not know nor understand ^B that because of these things the wrath of God came upon us, what common ground have we with them? We ought rather to bear witness to them, both night and day, and publicly and privately; but we must not allow ourselves to be swept along with their wickednesses, praying especially to gain them and to rescue them from the snare of the wicked one; but if we cannot do this, let us strive at least to save our own souls from eternal condemnation.

Canons 3, 4, 7, and 8 of Gregory of Nyssa

3 [4]. Of those sins which come to pass through desire and pleasure, there is the following division: the one sort is called adultery, the other fornication. Now, it has pleased some of the more precise minds to consider the offense of fornication also to be adultery, since there is but one legitimate union, ^C that of woman with man, and of man with woman. Therefore, everything that is not legitimate is altogether unjust and contrary to the law; and he who does not have his own, possesses what is alien. For to man, only one helper has been given by God, and to woman one head has been fitted. If, therefore, someone possesses his "own vessel," as the divine Apostle names it (1 Thess. iv, 4), the law of nature grants the just use of it. But if one should turn outside his own, he will altogether be in what is alien; and to everyone, that which is not his own is alien, even if he who is its master does not confess it. Thus, fornication is not far from the sin of adultery, as it has been shown by those who examine the matter with a more careful reasoning, since the divine Scripture also says: "Do not be much with an alien" (Eccles. ix, 12). However, since there was some condescension granted by the Fathers to the weaker ones, the offense was distinguished by this general division: ^D that "fornication" is spoken of as the fulfillment of desire or lust which happens without injury to another, while "adultery" is the treachery and injury brought against another. In this category, they also consider bestiality and sodomy to be included; for these also are adultery against nature. For the injustice happens against that which is alien and contrary to nature. Since, therefore, this division is made in this species of sin as well, the universal remedy is that a man, by repentance, may be cleansed from the agitation of such madness of pleasure which...

^A makes a man pure; but because there is no injury mixed with this sin for those who are polluted by fornication, ^B for this reason, the time of conversion prescribed for those who are defiled by adultery and in other forbidden evils—such as the mating with animals and the madness against the male—is double. For in these cases, as I said, the sin is doubled: the one consists in the illicit and nefarious pleasure, while the other consists in the injury that is done to another. There is a certain difference in the ratio of penance for those who have sinned by pleasure, which is as follows: he who of his own accord has been moved to confess his sins, inasmuch as he has desired to be the accuser of his own hidden deeds of his own volition, as one who has already begun to apply a remedy to his passion and has shown a sign of transformation toward what is better, is involved in milder punishments. But he who has been caught in the evil—either through some suspicion or having been convicted by accusation—is assigned a longer time of conversion, so that, having been perfectly purified, he may thus be admitted to the communion of the sacraments. The canon therefore is of this kind: that those who are polluted in fornication should be excluded from prayer altogether for three years; for three other years they should be partakers of audition only; and for three other years they should pray together with those who are prostrate in conversion, and only then be partakers of the sacraments. But for those who have employed a more diligent conversion and have shown, by their life, a return to what is good, it is permitted to the one who dispenses [the law], for the sake of the utility of ecclesiastical economy, to shorten the time of audition and lead him more quickly to conversion; and again, to shorten this time as well and return communion more quickly, so that by his own testing he may judge the constitution of him to whom the remedy is applied. For just as it is forbidden to cast pearls before swine, so it is absurd to deprive of the precious pearl him who has already become a man through alienation from vice and purification. The iniquity which occurs in adultery and in the remaining kinds of uncleanness, as has been said, shall be punished by the same judgment as the crime of fornication, but the time shall be doubled. In that case, moreover, the disposition of him to whom the remedy is applied shall be considered, just as in the case of those who have been entangled in the pollution of fornication, so that the participation in the good may come to them either sooner or later.

4. It remains, in addition to these, to propose for examination the irascible part of the soul, ^C when, having lapsed from the good use of anger, it falls into sin. Since there are many sins committed through anger, and evils of every kind, it pleased all our Fathers not to be too subtle in the other cases, nor to expend too much study and labor in healing all the faults that arise from anger; although Scripture not only prohibits the wounding blow, ^D but also every insult or blasphemy, and whatever else of that kind anger produces; but they introduced the safeguard of penalties only for the crime of murder. This evil is divided by the difference between voluntary and involuntary; and voluntary murder is that which is undertaken with premeditation by him who

^A has prepared himself to commit it, so that he might perpetrate the defilement. Next, that also is considered among voluntary acts when someone, in a scuffle and fight, both striking and being struck, inflicts a fatal blow by his hand; for he who is once mastered by his temper and yields to the impulse of anger, nothing of those things which could cut off the evil comes into his mind. Wherefore even in that case, one who has proceeded from a struggle considers the event of the murder as a voluntary act, and not as an accident. But involuntary acts have manifest indications, when someone, applying his effort toward some other matter, by accident has perpetrated some very grave evil. In these cases, therefore, the murder is indeed extended into a triple period for those who bring a remedy to their voluntary crime through conversion. There are thrice nine years, with a nine-year period of years being predefined for each grade, so that in the perfect segregation he remains prohibited from the Church for a nine-year time; for as many other years he remains in the hearing, deemed worthy only of the hearing of teachers and Scriptures, and of association with the people; but in the third nine-year period, ^B he prays with those who are prostrate in conversion, so that in this way he may reach the participation of the sacrament. And in the same, the same observation will be held by him who administers the Church; and in proportion to the conversion, the extension of the penalty for him also shall be shortened, so that instead of nine years in each grade, there may be but eight, or seven, or six, or five, if the magnitude of the repentance conquers the time and exceeds in the zeal of correction those who in the long established time slothfully wash away the stains they have incurred. Involuntary action, however, is judged as worthy of pardon, but not laudable. This, however, I have said, so that it may be clear that even if one should be involuntarily involved in the crime of homicide: the canon has pronounced that he, as one who has already become profane and polluted, must be expelled from priestly grace. But as much as is the time of expiation for simple fornication, so much also was it deemed right to hold for those who had committed involuntary murder; that is, in these cases too, with the will of the penitent examined; so that if the conversion is indeed worthy of faith, the number of years is not strictly observed; but with the prolixity of time cut down, ^C it is reduced by a shortened way to restoration to the Church and to the participation in the good.

7. The rifling of sepulchers is itself also divided into that which deserves pardon and that which does not deserve it. For if someone, sparing the resources of the dead and leaving the covered body intact, so that the obscenity of nature might not be exposed to the sun, should make use of some stones of those which had been cast before the sepulcher for the construction of some work, not even this is laudable, but custom has made it worthy of pardon, when the material has been transferred to something better and more useful to the commonwealth. But to search through the dust from the reduced flesh and to disturb the bones ^D in the hope of gaining some ornament from those buried, this is condemned by the same judgment by which simple fornication

^A is condemned, as has been divided in the preceding discourse; the oikonomos or administrator considering, from the very life of the person being treated, the medicine, so that he may shorten the period of penance fixed by the canons.

8. Sacrilege, however, in the ancient Scripture was not considered less tolerable than the condemnation for murder; for in the same way, whenever a person was convicted of murder, and one who had stolen things dedicated to God, both underwent the punishment of stoning. But in ecclesiastical usage, I do not know how, some condescension and leniency has arisen, so that the atonement for such a disease is thought to be more tolerable; for in a shorter time than for adultery, the tradition of the Fathers has prescribed the penance for such persons. But throughout this kind of punishment, one must look before all else at what the disposition of the one being treated is, and not think that time alone suffices for healing (for what medicine could ever come from time [alone]?), but rather [look to] the intent of the one healing himself through conversion.

These things, O man of God, having been composed ^B by us with much haste from sources at hand, because it is necessary to obey the mandates of the brethren, we have sent with haste; but do not cease to offer the customary prayers to God on our behalf; for you owe, as a grateful son, to him who begat you according to God, the provision of support through your prayers in his old age, according to the commandment which orders us to honor our parents, so that it may be well with you, and you may live a long time on the earth. 71 It is clear that you will receive this letter as a priestly symbol, and you will not despise the small hospitable gift, even if it is less than the excellence of your own nobility. ^C

Text. Constit. 3, tit. 7, lib. 1, Cod., abolished [the penalty for] orthodox persons falling into heresy. But Novella 37, which discusses the African Churches, gave a time of penance to such persons. Furthermore, Constit. 34, tit. 4, lib. 1, Cod., and Constit. 2, tit. 1, of the Novellae, gives the bishop power, if he sees the penance of a cleric who has played at dice or involved himself in public spectacles, to lessen the punishment and restore him to the sacred ministry before the appointed time is finished. But this is special to bishops. For civil judges have the power, in the very sentencing, both to increase and to decrease the penalty, provided that in either way they do not exceed the limit of reasonableness; just as in lib. XLVIII, tit. 19, Dig. it is passed down, although in the same book, tit. 16, dig. 4, and lib. L, tit. 1, Digest 15, it is said that the question of fact is committed to the judge, but not the execution of the law. Certainly, the one who has judged cannot overturn his sentence. For it is said in lib. VII, Cod., tit. 50, Const. 1, that no one can rescind his own sentence or that of his predecessor. And lib. IX, tit. 47, const. 15, that it is not permitted for a governor ^D to revoke a sentence of punishment which he has pronounced.

Text. In digest. 45, tit. 1, lib. XLII, the penalty

and it is stated that a sentence which has been pronounced can neither be increased nor diminished without the authority of the Emperor. And book 48, tit. 18, law 1, states that if a slave, fearing to return to his master, falsely confesses some crime, and after his condemnation, when he is questioned about his accomplices, ^A the truth appears, he is freed from the punishment and is sold by the guard on the condition that he does not return to his master, and the price is given to the master. A judge, however, who has condemned someone as guilty, cannot free a man found to be innocent. For no one revokes his own decision, even if it is a pecuniary matter. Therefore, in criminal cases, one must refer the matter to the Emperor; and book 47, tit. 19, law 9 and 27 of the same, states that a decurion is not to be condemned to the mines, nor to work in the mines, ^B nor is he to be subjected to the gallows, nor burned; but if anything of the sort has been adjudged, he is freed—not, indeed, by the judge, but by the Emperor, who, being informed of the matter, either changes the punishment or remits it; and the governors do not rescind their own decisions. If, however, someone has lied against himself, or has been condemned for lack of evidence, and subsequently proofs are found which help his case, the Emperor either frees him or reduces the punishment.

These things have been said about definitive sentences. For whatever a judge has decreed ^C in any part of a trial, he can entirely revoke and change, as is taught in book 42, tit. 1, dig. 14, and book 4, tit. 8, dig. 19, 20. And rightly so. For he who has decreed remains the judge, but he who has passed sentence has ceased to be the judge in that same matter, as is shown in book 42, tit. 1, dig. 55.

TITLE X. ON THE ADMINISTRATION OF ECCLESIASTICAL GOODS, AND ON THE ESTATE OF THE BISHOP.

CAPUT I. — That an oeconomus must be ^D of the clergy of the Church.

(Council of Chalcedon, canon 26.)

Since it has reached our ears that in some Churches bishops and oeconomi are managing ecclesiastical affairs, it has pleased that every Church having a bishop shall also have an oeconomus from its own clergy, managing the ecclesiastical affairs according to the will of its own bishop; so that the economy of the Church may not be without witnesses, and thus its goods be dissipated, and disgrace and reproach be cast upon the priesthood. But if he does not do this, let him be subject to the divine canons.

^A Council of Nicaea II, canon 11. That there must be stewards in the episcopal residences and the monasteries. 11. Being bound to observe all the divine canons, we are also bound to observe, in every way inviolate, that which commands stewards to be in every Church. And if each metropolitan appoints a steward in his own Church, it is well; but if not, it is permitted to the bishop of Constantinople, by special authority, to appoint a steward in his Church. Likewise also for the metropolitans, if the bishops subject to them are unwilling to appoint stewards in their own Churches. Let the same thing be observed also in the monasteries.

Theophilus, from his Commonitorium, canon 9. 9. To the end that by the will of the entire priesthood another steward may be appointed, in whom also Bishop Apollo consents, so that the goods of the Church may be expended upon those things on which it is necessary.

The text of the Constitution 32, tit. 3, book 1 of the Code says that the steward ought to be appointed by the bishop. And Constitution 41 of the same title, that he is to be appointed after investigation. And Constitution 24, tit. 2, that it is necessary for the steward to draw up accounts with the treasurers every month or at most every two months, otherwise he is at risk. ^B And that each steward seeks [an account of] the things that are under his own administration; but the others, according to the unwritten command of the patriarch, sign the accounts, as I have read above. And that which is brought into the account without such observation, the stewards must give from their own pockets. And 41, tit. 3, that every year the steward renders an account of his administration to the bishop and makes restoration if he appears to have caused damage or made a profit. But if he should die before the accounts are rendered, his heirs are held liable for these things. For they are held liable for negligence, or if he has let [the property] to those who are insolvent. Furthermore, Constitution 2 of the Novellae title forbids stewards, and orphanotrophoi, and the administrators of the remaining venerable houses, and moreover the chartularii of all of them, and their parents and children, and those joined to them by blood or marriage, from receiving emphyteuses, leases, and mortgages of the goods of the venerable houses, either through themselves or through intermediary persons; ^C for the transaction is rendered void, and all the property of the stewards, ^D chartularii, and administrators who are joined in the manner above mentioned, passes over, after their death, to the venerable house from which they received the thing.

CAP. II. — On the administration of ecclesiastical property.

or to bestow what is God's upon his own kinsmen or relatives. But if they are poor, let him distribute to them as to the poor; yet let him not sell what belongs to the Church under the pretext of that.

[39.] ^B Let the private goods of the bishop be manifest, if indeed he possesses any private goods; and let the properties of the Lord be manifest, so that the bishop, when dying, may have authority to bequeath his own goods to whomever he wishes and in whatever manner he wishes; and that, under the pretext of ecclesiastical affairs, the things belonging to the bishop may not be seized—he who sometimes possesses a wife and children, or relatives, or servants. For this is righteous before God and men: that the Church should not suffer any loss through ignorance of the bishop's affairs, nor should the bishop or his relatives be proscribed under the pretext of the Church, or those who belong to him fall into litigation, or his death be followed by slanderous and ill-omened words.

40 [40]. We command the bishop to have authority over the affairs of the Church. For if the precious souls of men are to be entrusted to him, much more should it be necessary to entrust to him the money, so that everything may be administered under his authority to those in need through the presbyters and deacons, and be distributed with the fear of God and all devotion; and that he himself may share in the necessities, if there be need for his own essential requirements and for the brothers who are entertained as guests, so that they may in no way be left in want. For the law of God has ordained that those who wait upon the altar live from the altar; since no soldier ever marches against the enemy at his own expense.

Canons 24 and 25 of the Council of Antioch

24. It is right that the things of the Church should be guarded for the Church with all care and good conscience and faith in God, who is the overseer and judge of all; and they ought to be administered with the judgment and authority of the bishop, to whom all the people and the souls of those who assemble in the Church have been entrusted. ^C But the things belonging to the Church must be manifest, with the knowledge of the presbyters and deacons who are around him, so that they may know them and not be ignorant of what specifically belongs to the Church, so that nothing may escape them; so that, if it should happen that the bishop departs from this life, since the things belonging to the Church are manifest, they may neither be lost or perish, ^D nor the things belonging to the bishop be harassed under the pretext of ecclesiastical affairs. For it is righteous and acceptable before both God and men that the bishop's private goods, to whomever he himself chooses, should be left; yet that the things of the Church should be preserved for it, and that neither the Church should sustain any loss, nor the bishop be proscribed under the pretext of the Church, or those who belong to him fall into litigation with it, which leads to them being pursued with every evil thing even after his death.

25. The bishop shall have authority over the affairs of the Church, so as to dispense them to all those in need with much care

^A and fear of God; he himself, moreover, should be a partaker of what is necessary for his own needs and those of the brethren being entertained by him, so that in no way may they be destitute, according to the divine Apostle who says: 'Having food and raiment, let us be therewith content.' But if he is not content with these things, and converts the property to his own private uses, and does not administer the revenues of the Church or the fruits of the fields with the consent of the priests or deacons, but grants the power to his own kinsmen, or brothers, or sons, so that through such means the accounts of the Church are secretly harmed, he shall render an accounting of this to the synod of the province. But if the bishop, or the priests who are with him, are accused of other things—namely, that they are appropriating to themselves what belongs to the Church, whether from fields or from any other ecclesiastical cause, such that the poor are oppressed and calumny and infamy are cast upon the word and upon those who govern in this manner—they too shall undergo correction, the holy synod examining what is fitting.

From the epistle of Cyril to Domnus, ch. 2. 2. Property unjustly taken by him, etc.

From the commonitorium of Theophilus, ch. 10. 10. Let widows and the poor and visiting strangers enjoy every rest; and let no one misappropriate what belongs to the Church; for the minister of God must be free from the love of money.

Much has been said regarding the administration of ecclesiastical affairs in title 2, book 1, of the Code and in various constitutions of the Novels, and you should read title 2 of the same Novels, and especially its 2nd and 3rd constitutions, which comprehend everything that pertains to ecclesiastical administrations and privileges.

CAP. III. — Regarding the property and revenues of vacant Churches.

Canon 15 of the Council of Ancyra. 15. Regarding what pertains to the Lord's house: whatever the presbyters sold while there was no bishop, the Lord's house is to be reclaimed; but it is to be left to the judgment of the bishop whether it is fitting that those who bought them badly should receive back the price, or not, since oftentimes the income from the things sold has rendered a greater price to them themselves.

Canon 25 of the Council of Chalcedon. 25. Since some of the metropolitans, as we have heard, etc.

Canon 35 of the sixth ecumenical council. 35. It shall not be permitted for any of the metropolitans at all, when a bishop serving under his throne dies, to take away or usurp his things or those of his Church; but they shall be under the custody of the clergy of the Church over which the deceased presided, until the promotion of another bishop, unless no clerics are left in the same Church. For then the metropolitan shall keep these things undiminished, returning everything to the bishop to be ordained.

CAP. IV. — On the alienation of ecclesiastical property.

CAP. V. — On property acquired by bishops or clerics after ordination.

from their kin, let them do with it what their purpose dictates; but if, after having so purposed, they turn backwards, let them be judged unworthy of ecclesiastical honor as reprobates. ^B

7. Canon of the First and Second Council held in Constantinople in the Church of the Holy Apostles.

7. We see many of the episcopates falling and in danger of being given over to complete disappearance, because those who preside over them expend all care and concern for them on new constructions of monasteries, and by tearing them apart and pulling them to pieces, and by contriving the usurpation of their revenues, they labor for the increase of those [monasteries]. Therefore, the holy synod has ordained that it is permitted to no bishop to invent a new private monastery to the ruin of his own episcopate. But if anyone be caught daring to do this, let him be subjected to the appropriate penalty, and let that which was newly constructed by him, as it did not have the right of a monastery from the beginning, be assigned to the episcopate as private property; for nothing of those things which are established illegally and inordinately can cause prejudice to those which are canonically established.

Text. Const. 33, tit. 3, lib. 1 of the Code, says: Whatever orthodox bishops and clerics acquire at the time they are under paternal power, even though they currently remain under that power, they possess as their own, nor do they contribute them, but they have the permission while living to alienate them, or to leave them to strangers by testament, or to transmit them to their descendants. And const. 41 of the same title: What is acquired after the episcopate, the bishop cannot alienate, nor make a testament regarding them (unless they came to him from parents, or uncles, or brothers), but they belong to his Church, and after his death, the accounts of these things are demanded from the stewards. But those things that were acquired before the episcopate, they may both alienate and make a testament regarding them. And const. 49: bishops and presbyters and deacons have quasi-castrense ^C [peculiar property], and rightfully make a testament regarding it, and the testament is not subject to a complaint of being inofficious.

And the 3rd Constitution of the 2nd title of the Novels says: That bishops are not to transfer to their own kinsmen or others in any way whatsoever the movable or immovable things acquired by them after their episcopate, but let them spend them on the redemption of captives, or the support of the poor, or for the benefit of their own Church. And as for the things remaining from these after their death, their Church makes them its own. But they have permission to alienate those things which they are proven to have possessed before their episcopate, and those which might come to them after their episcopate from kinsmen by whom they were able to inherit under intestacy up to the fourth degree. And these provisions hold regarding the administrators of orphanages, poorhouses, infirmaries, homes for the elderly, guesthouses, and all other managers of venerable houses, regarding the things which, in the time of their administration, ^D have come to them in the manner mentioned.

^A The second constitution of the first title of the Novels says more simply that property acquired by bishops after their ordination belongs to their own churches. It says that all clerics, that is, presbyters, deacons, readers, and cantors, have as their own whatever things they have acquired in any way whatsoever, even if they are under parental power, and they can donate them and make wills concerning them; provided, however, that their children, or if these do not exist, their parents, receive their legitimate portion. The third constitution of the same second title of the Novels says: If a bishop, or a cleric of any degree, or a deaconess of the Church dies without a will or without legitimate successors, their succession is assigned to the Church in which they were ordained.

Chapter VI. — Regarding the personal property of a bishop, and that he ought not to die intestate.

Apostolic Canon 40. 40 [39]. Let the personal property of the bishop be manifest, etc. (see page 819).

Council of Antioch, canon 24. 24. That the things of the Church remain for the Church, etc. (see page 819).

Council of Chalcedon, canon 22. 22. It is not permitted for clerics, after the death of their own bishop, to plunder the things that belong to him, just as it was prohibited for those who take them over; and those who do this are in danger of losing their own ranks. ^C

Council of Sardica, canon 12. 12. Hosius the bishop said: Since nothing is to be neglected, etc. (see page 659).

Council of Carthage, canons 22, 81. That bishops or clerics should bestow nothing upon those who are not Catholics.

22. And that even if they are their blood relatives, bishops or clerics should bestow nothing upon those who are not Catholic Christians through gifts of their own property.

Concerning bishops who appoint heretics or pagans as heirs.

81. Likewise it has been ordained that if any bishop should prefer strangers to his own blood relatives, or even heretics who are blood relatives, or pagans, over the Church, at least after his death an anathema should be pronounced against such as these, and his name should in no way be recited among the priests of God. Nor can he be excused if he dies intestate, because, once he has been made a bishop, he certainly ought not to delay the appropriate disposition of his property in accordance with his profession.

Read what is noted in the 5th chapter of the present title. ^D

Caput VII. — The churches that are among barbarian peoples are to be administered according to the prevailing custom.

Council of Constantinople, canon 2. 2. Bishops outside their diocese, etc., see page 470.

Council of Chalcedon, canon 28. The decree of the same holy synod promulgated in favor of the priests of the throne of the most holy Church of Constantinople. 28. Everywhere following the decrees of the holy Fathers, etc., see page 470.

Council of the Sixth Ecumenical [Synod], canons 37, 39. 37. Since at various times, etc., see page 487. 39. When our brother and fellow-minister John, etc., see page 474.

Council of Carthage, canon 52. On the visitation of provinces. 52. Honoratus and Urbanus, bishops, said: "And this also was entrusted to us by word, that since it was settled in the Council of Hippo that each province should be visited at the time of the council, you would also deign to visit the province of Mauritania, which you have postponed this year according to the order, or visit it another year." Aurelius the bishop said: "At that time we determined nothing concerning the province of Mauritania, because it is situated at the borders of Africa and is adjacent to barbaric territory; but may God grant from His abundance that we may be able to come to your province, even without having promised this. For you ought to consider, brothers, that if logic required that this be carried out, the Tripolitan and Arzugitan brothers could also have demanded it, had the situation permitted."

Council of Chalcedon, from the Fourth Act, where the chapter concerning the ^A bishops from Egypt is considered. The most magnificent and glorious officials and the most eminent senate said: 1. Since the most devout bishops of the Egyptians, etc., see page 694. ^B

Paschasinus, the most devout bishop, vicar of the apostolic throne of Rome, said: 2. "If your power commands, and you order that some act of kindness be shown to them, let them provide sureties that they will not leave this city until such time as the Church of Alexandria receives a bishop." ^C

The most magnificent and glorious officials and the most eminent senate said: 3. Let the judgment of the most holy Bishop Paschasinus remain firm; ^D wherefore, while remaining in their own condition, let the most devout bishops of the Egyptians...

^A either provide sureties, if this is possible for them; or let them be trusted upon oath, awaiting the ordination of the future bishop of the great city of Alexandria.

CAP. VIII. — That neither a bishop nor a cleric may bestow anything upon an heretic by way of gift or will, even if he should be his kinsman.

The canons of the Council of Carthage 22, 81. That bishops or clerics should not confer things upon those who are not clerics.

22. And that they should not confer things upon those who are Catholic, as on page 827. Concerning bishops who appoint heretics or pagans as their heirs.

81. It has been decreed, that if any bishop [appoints] kinsmen as heirs, etc., as on page 827.

Textus. Heretics are not only forbidden to receive from bishops and clerics, but also from others. For it is stated in Book 1, title 5, constitution 10, that an orthodox person may not in any way transfer to an heretic an immovable thing which contains an orthodox Church, otherwise [it] shall be confiscated. Again, constitution 3, title 2 of the Novels ^B says: If an orthodox person having a possession in which there is a holy Church shall alienate it, or leave it, or give it in emphyteusis, or lease it, or by any kind of administration provide it to a Jew, or Samaritan, or Pagan, or Montanist, or Arian, or in short to any other heretic, the Church of that same village shall lay claim to the ownership of it. Book 1, title 5, constitution 18. If an heretic, in order to obtain a military position or dignity, or to perform a public office, or to teach, or to plead cases, pretends to be an orthodox person and it is established that he has an heretical wife or children, he is expelled. But even if he remains hidden, he cannot donate any of his property, nor otherwise alienate it to an heretic. Indeed, the treasury claims those things, as well as his own inheritance which is deferred to an heretic. For in general, those who hold military service or dignity, those who [are engaged] in legal advocacy, [those who] perform a public office ^C or military magistracy, have only orthodox persons as heirs; and whatever comes from them in any way to heretics, the treasury exacts. Again, the same constitution says: If among the children some are heretics and others orthodox, only the orthodox are heirs. But if all are heretics, orthodox kinsmen take the inheritance. If there are none, the treasury succeeds. Constitution 19. An heretic who is the son of an heretic receives neither donation nor inheritance from his father. Constitution 22. Nor does an heretic receive an inheritance or legacy from the will of a soldier.

Textus. The Novel 102, which ordains the causes for disinheritance, says: If an orthodox parent perceives his own children not to be orthodox, he has ^D the faculty to disinherit them. If, on the other hand, the parent is an heretic, let him not have the faculty to write others as heirs, unless they are orthodox.

^A But if among the children some are orthodox and some are not, the estate passes to the orthodox, even if the father had written others as heirs. If, however, afterwards the heretical brothers become orthodox, the portion belonging to them is given, but not the past fruits, nor do they demand accounts of the administration. In the meantime, however, the orthodox cannot alienate the property ^B. But if they remain in their error until death, the orthodox and their heirs acquire full ownership. Plainly, if all the children are heretics, the orthodox kinsmen become heirs. If there are none of these, then, if the parents were clerics, the Church of the city in which they had their residence receives the property. But if the ecclesiastics neglect to claim the property within a year, the fiscus takes it. But if they were laymen, whether they have made a will or not, the fiscus takes the property. The same applies if a son, being orthodox, perceives his parents to be heretics when he himself is making a testament or succeeding to an estate.

^C The first [constitution] concerning the Samaritans, which is title 3 of the Novels, permitted the Samaritans both to receive by donation and testament, and to give and transmit to their own children, parents, and kinsmen who are Samaritans. But the last one concerning the Samaritans, which is the third [constitution] of the 3rd title of the Novels, says that Samaritans do not become heirs by testament or intestacy, nor do they receive legacies or donations; nor do they have Samaritans as successors in cases of intestacy, nor do they have those who feign to be orthodox but do not believe as such; nor may they make a testament or bequeath or donate, except to those who are orthodox both in faith and in ^D works. If these are not present, the goods after death go to the fiscus. But those Samaritans who till the land may write their ascendants and descendants as heirs, and may bequeath to them and to their collateral relatives, even if they are Samaritans. If there is no one [among these], the owner of the field in which the deceased was a farmer takes the property, inasmuch as he holds the place of the fiscus in this matter.

The third constitution of the 2nd title of the Novels says: Let no heretic, by lease, or emphyteusis, or purchase, or by any other means, take immovable property from the Church or any other venerable place. Otherwise, the heretic shall lose what he gave for such a cause, and the property shall return to the place from which it was given; and the administrator who gave it shall be barred from all further administration, and shall be cast into a monastery, and shall be separated from holy communion for a year. The same constitution also says that if any of the heretics—among whom are numbered the Nestorians, Eutychianists, and Acephali—dare to build a place of worship for their own religion, or if Jews [dare] to build a new synagogue, let the Church claim these for itself. But if any master has given such property in emphyteusis, or has leased it, or has committed it to the administration of such a person, and has done so knowing that he [the recipient] is a heretic, the Church of the city under which the property is located claims all the revenues for as long as the contract lasts; but if he is ignorant, no loss accrues to him. But the heretic, in either case, and the...

loss is incurred; but the heretic, in either case, is driven from his house and possession, and his property is confiscated. ^A

TITLE XI. ON MONASTERIES AND MONKS.

CAPUT I. – On the building of monasteries, and that these should not be of private right, and on the property of monks.

Concilii Chalcedonensis canones 4, 24. 4. He who truly and sincerely, etc., page 734. 24. Monasteries that have once been consecrated by the will of the bishop, shall remain monasteries for the future; and the property pertaining to them shall be preserved for the monastery, and they can no longer become secular dwellings; and those who permit this to be done are to be subject to the penalties of the canons.

Concilii œcumenici VI canon 49. 49. Renewing also this sacred canon, we decree that monasteries which have once been consecrated by the will of the bishop shall remain monasteries for ever; and the property pertaining to them shall be preserved for the monastery, and they can no longer be secular dwellings, nor may they be handed over by anyone at all to secular men. But even if this has been done up until now, we decree that it shall in no wise be maintained; and those who from this time forward attempt to do this are to be subject to the penalties of the canons. ^C

Concilii primi et secundi Constantinopoli in æde Sanctorum Apostolorum habiti canones 1 et 6. 1. A matter so venerable and honorable, etc., see page 118. 6. Monks must have nothing of their own, but all their property must be ascribed to the monastery. For blessed Luke says of those who believe in Christ, and who describe the monastic way of life, that no one said that any of the things they possessed were their own, but they had all things in common. And therefore to those who wish to become monks, permission is given to provide for their own property beforehand, and to transmit their own goods to whatever persons they wish, provided, of course, that those persons are not forbidden by law. For after they have become monks, the monastery holds the ownership of all their goods, and it is not permitted for them to have any concern for their own property or to dispose of it. But if anyone be found, any possession that has not been renounced ^D

to the monastery and he, having enslaved himself to the passion of wealth, [desires to] appropriate it, this should be taken by the abbot or the bishop, and in the presence of many be sold and distributed to the needy poor. But the holy synod has decreed that he who has meditated, like Ananias of old, to steal such property, should be punished with the appropriate penance. It is clear, moreover, that what the holy synod has canonically decreed concerning men who are monks, it has judged that the same must hold and be observed among women who are monks.

Council of Nicaea II, Canon 13.

That those who make monasteries into common inns are worthy of great condemnation.

3. Since, because of the calamity that has come upon our Churches on account of our sins, some hallowed houses—both episcopal residences and monasteries—have been seized by certain men and have become common inns, if those holding them are willing to return them so that they may be restored to their ancient state, it would be well and good; but if not, if they are of the sacerdotal catalogue, we order them to be deposed; but if they are monks or laymen, let them be excommunicated, as being condemned by the Father, and the Son, and the Holy Spirit, and let them be placed where the worm does not die and the fire is not quenched, because they oppose the voice of the Lord which says: "Do not make my Father's house a house of merchandise." 81

The 13th Constitution, Title I of the Novellae says that anyone wishing to build a monastery should first treat with the bishop of the places, so that he, arriving there, may make a prayer and fix a cross, and then the beginning of the building should take place; and the 3rd Constitution, Title II of the Novellae says that he who wishes to build a monastery should not otherwise begin the structure unless the bishop of the places shall offer prayer there and fix the precious cross; and he who has begun to build a new one or to renovate an old one is compelled to finish it. Read also what is noted in Chapter 1, Title II, and Chapter 14, Title III of the present work.

The 1st Constitution, Title II of the Novellae says: Let no one sell, or exchange, or give away a monastery in which an altar has been erected, or sacred ministry has been performed, or monastic exercise has taken place. Otherwise, what has been done shall be void, and he who receives it shall lose the money paid, and he who sells it shall be punished by the loss of the thing and the loss of the price, which shall be assigned to the most holy Church of the place and to the pious monasteries of the place, so that they may provide that what was wrongly alienated may be brought back again to the monastic habit. Nor should a mortgage on these hold, but it shall be void, and the monastery shall be assigned to holy ministry. And the 2nd Constitution, Title II of the Novellae says that the alienation of monasteries shall not occur in order that the sacred form may be transformed into private living, since they have the permission to possess the monastery and to restore it to its original form.

Book I, tit. 3, const. 38, says: "Those who abandon their own monasteries do not receive what they brought to them, of whatever quantity they be, even if there are no written records of documents made concerning them. But in the case of immovable property, the legal rights must be preserved, since the vindication of them does not perish for the one who gave them."

And const. 13, tit. 1 of the Novels says: "If any monk wishes to withdraw, the property which he provided when he entered will belong to the ownership of the monastery. And he who wishes to become a monk ought to make a pronouncement regarding his own property, for it accompanies him upon his entry, even if he does not expressly state as much. However, if he has children and happens to have donated some things to them, or if he has donated to them under the name of a dowry or a pre-nuptial gift, and these constitute the legal portion of his estate, the children shall have no share in the rest. But if he has donated nothing to them, or less than the legal portion, and after he has become a monk, the legal portion is owed to the children. If a husband or a wife becomes a monk, the other gains the share from their death." And: "If a monk goes into military service, or another form of life, his substance remains with the monastery, but he himself becomes a local civil functionary. But if one moves from monastery to monastery, his resources belong to the first monastery. The presiding authorities, however, must not receive him; and bishops and archimandrites must prevent this."

It also says in const. 52, tit. 3 of book I, that if anyone ^B is burdened with a substitution or a restitution because they are childless, and does not wish to marry on account of ascetic practice, he remains in possession of the property; he spends it during his lifetime, or leaves it as he wishes — provided it is for pious causes. But if it was left to him under the condition of procreation, he holds it even without producing children. The same is also true for those who take the vow of virginity. The same constitution says that if one of those living together takes the monastic vow, the other sends a bill of divorce, and the situation is settled according to the agreements made at death; and the gain from that point is preserved for the children who are expected to come from that same marriage, or the person who gained it does not come to a second marriage. And if a man becomes a monk, the wife may not marry another for one year. If, however, one of the betrothed becomes a monk, the earnest-money is returned simply, and no loss is suffered, as the 54th constitution of the same title [decrees]. ^C And the 117th Novel, which deals with divorce, says that if a woman sends a bill of divorce contrary to the causes mentioned by it, the dowry is given to the husband, either by way of ownership, or, if children are present, by way of usufruct. The woman, however, is handed over through the judge to the bishop of the city in which she dwells, and through him she is cast into a monastery for her entire life. And if indeed she has children, they take two-thirds of her estate, and the monastery the third. But if she does not have children, but has parents, the two-thirds is given to the monastery, and the third to the parents; unless those who have her under their authority agreed to the unreasonable bill of divorce. ^D

^B Text. And the second constitution of the first title of the Novels says that, if a slave, or an *enapographus* (registered colonus) according to the distinction, becomes a monk, the master receives the goods which he brought into the monastery. Male and female monastics do not dwell together, but the men are moved to other places, and the possessions are divided among them according to the legal right appropriate to them. But if anyone is encumbered by a legacy or restitution, under the condition of marriage or childlessness, or if anything is given to someone in this way, or comes to someone, and he or she becomes a monk or a nun, the restitution is extinguished. For even if they depart from the monasteries, nonetheless such goods, along with their others, belong to the monasteries. But if such a disposition was made for the redemption of captives, or the support of the poor, it is excluded from none of the previously mentioned modes. The goods of one who enters the monastery, if he has no children, belong to the monastery. But if he has children, and did not make a disposition concerning his own goods before he entered, he has the right to make a disposition even after this; and he cannot diminish the legal portion, yet he saves for himself the proportion of one child, which ought to be assigned to the monastery. But if he dies in the monastery before he makes the disposition, the children take the legal portion, and the monastery the remainder. No one among those betrothed is deprived of the dowry money on the pretext of becoming a monk. And the marriage, from the fact that one of the cohabitants takes the monastic habit, is dissolved without a bill of divorce, and the woman recovers the dowry and her other goods; but to the one who did not become a monk belongs the gain agreed upon in the event of death. If both renounce the world at the same time, neither gains from the other, unless one of his own accord gifts something to the other.

^C The 134th Novel, which discourses regarding vicars (vicarial delegates), says: If a woman is convicted of adultery, being subjected to the appropriate lashes, she is cast into a monastery, and the husband has the right to take her back within two years, the marriage not being harmed by what is done in the interim. But if the time passes, or he dies without having taken her back, she assumes the habit. And if she indeed has children, they take eight unciae, and the monastery four. But if she has only ascendants, who did not cooperate in the indecency, they take four unciae, and the monastery eight. But if they did cooperate, or if there are absolutely no ascendants or descendants, the monastery takes everything, with the terms in the marriage contract being preserved for the husband in all matters. If, however, anyone accused of adultery, by the betrayal of the judge or for another reason, escapes the penalties, and afterwards, while her husband is living or dead, behaves shamefully with her, or takes her for marriage, the marriage is not valid; but rather the man is punished by every governor as an adulterer, and the woman, being disciplined, ^D

^A is cast into a monastery for the whole time of her life; and the assets, as has been said, are divided at the risk of the count of private lands and the local provincial governors.

CAP. II. — Concerning monks who are taken from other monasteries for the clergy or for the dignity of hegumene.

Council of Carthage, canon 80. That it is not permitted to ordain as superiors of a monastery or as clerics those received from another monastery.

80. Likewise it has been resolved that, if any bishop should wish to promote one received from another monastery to the clergy, or shall appoint him as hegumene of his own monastery, the bishop who does this, being separated from the communion of the rest, shall be content only with the communion of his own people, and that man shall remain neither a cleric nor a hegumene.

Council of Nicaea II, canon 21. That it does not befit monks to abandon their own monasteries and move to others.

21. It does not befit a monk or a nun to abandon their own monastery and go off to another; but if this should happen, it is necessary that he be received as a guest, but to be received without the consent of his own hegumene is not proper.

CAP. III. — Concerning slaves who become monks, or who under the pretext of religion shun the service of their masters.

Council of Gangra, canon 3.

3. If anyone, under the pretext of piety, teaches a slave to despise his master, and to withdraw from service, and not to serve his master ^C with goodwill and all honor, let him be anathema.

Council of Chalcedon, canon 4.

4. Those who truly and sincerely, etc., as on page 754.

Council of the Sixth Ecumenical [Synod], canons 43, 85.

43. It is permitted for every Christian to choose the ascetic life, and, having put aside the turbulent storm of worldly affairs, to enter a monastery and to be tonsured according to the monastic habit, even if he should be found in any transgression whatsoever. For our Savior God said: "Him who comes to me I will not cast out." As, therefore, the monastic life describes for us a life of repentance, we consent to him who genuinely approaches it, and no manner of impediment shall be placed in his way to prevent him from fulfilling his own goal.

85. We have accepted from Scripture that every word shall be confirmed by two or three witnesses. Therefore, we decree that slaves who are manumitted by their own masters shall enjoy such honor in the presence of three witnesses, who, by being present, will bring strength and firmness to their liberty, and will ensure that faith is kept in those things which were done with them as witnesses.

The text of Constitution 36 of the third title of the first book of the Code says that those who are enrolled, without the consent of their masters...

have become monks, are subject to them just as if they had not become monks. Constitution 37 says: Slaves who have become monks with the consent of their masters obtain their freedom; but if, having abandoned the monastic life, they cross over to another state of life, they are again subjected to servitude.

The thirteenth constitution of the first title of the Novellae says: Let those who are candidates for the monastic life, whether they be free or slaves, wait for three years for their admission. ^B In the meantime, however, let them use the tonsure and the clothing of laymen, learn the Scriptures, and declare their state and the reason why they desire to become monks, lest perhaps it be a base one, and let them be admonished. And if they persevere through the three years, and appear worthy to become monks, then let them be tonsured and liberated from servitude. But if anyone, within the three years, should claim a person as his slave, saying that he had stolen something and fled to the monastery, let him not immediately drag him away, but let him first demonstrate that he is indeed a slave, and that he fled on account of theft or some outrageous crimes; and then let him take him away, along with the things which it is established he brought into the monastery; but let him give him assurance that he will do him no harm on this account. But if these things are not proven, and he appears honorable in the monastic life, even if the three years have not yet passed, let him remain in the monastery. Indeed, he who after three years appears worthy, whether he be a slave or a free man, let him persevere in the monastic life, and let him not, for that reason, even if he had previously committed some fault, be troubled by anyone thereafter. Nevertheless, what is established to have been taken by theft, wherever it may be, must be returned to the master.

And the second constitution of the same title says: To one who wishes to assume the monastic habit, if it is known that he is not subject to a condition of servitude, let the abbot give the habit when it seems appropriate; but if this is unknown, let him defer it. And if anyone within the three years proves that he is his slave, an *adscripticius*, or a colonus, he receives him, ^C along with the goods which it is established he had stolen, after giving him his word. But if no one appears within the three years, and the superior judges him worthy, let him give him the habit and let him not be troubled; but the master takes the goods which he had brought into the monastery.

The same constitution says: Let not the bishop appoint the abbot or archimandrite of any monastery strictly according to monastic rank, but [let him appoint] the one whom all the monks, or those who are of good reputation, have chosen, acting before the Gospels, that they have chosen him not through friendship or favor, but because they have known him to be orthodox, sober, and worthy of the administration, and able to preserve the discipline of the monks and the state of the monastery. The same is said also concerning women's monasteries and *asceteria*. The same things, it says, the thirteenth constitution of the same title adds, that the selection of the worthy person must be made starting from the first [in rank], and so on, step by step, through those who follow; for those who appear worthy first are preferred to those who come after them, as is set down in constitution 46, title 3, book 1. ^D Moreover, the constitution of the same title appoints that bishops oversee the superiors, and the superiors the monks.

and that the same person does not become the head of two monasteries.

CAP. IV. - That a monk should not leave the monastery without cause, nor transact business; and that monks are under the authority of the bishop.

The canons of the Council of Chalcedon, 3, 4, 8, 23. 3. It has come to the holy synod that some of those who are enrolled in the clergy, etc. 4. Those who truly and sincerely, etc. 8. The clergy of the poorhouses, etc. 23. It has come to the ears of the holy synod, etc.

The canons of the Sixth Ecumenical Council, 41, 42, 46.

41. Those who desire to withdraw and attend to themselves in solitude ^B must first enter a monastery and practice the ascetic way of life, and for a period of three years be subject to the superior of the monastery in the fear of God, and complete their obedience in all things as is right; and thus, having professed their intention concerning such a life, and that they embrace this voluntarily from their whole heart, let them be tested by the superior of that place. Afterwards, for another year, let them persevere outside the enclosure, so that their aim may be made the more manifest. For then they will provide full and perfect assurance that they are not seeking empty glory, but are pursuing this stillness for the sake of the truly good and honest quiet. After the completion of this time, if they persevere in the same intention, let them be enclosed, and let it no longer be permitted to them, whenever they wish, to depart from such a dwelling, unless they are drawn to do so by common utility and benefit, or some other necessity compelling them toward death; and even then, with the blessing of the bishop of the place. But those who without these aforementioned causes attempt to exit their dwellings, first, even against their will, are to be restrained in the aforementioned enclosure, and then, knowing that they must be treated with fasts and other hardships, according to what is written 85: "No one having put his hand to the plow, and looking back, is fit for the kingdom of God."

42. Those who are called hermits, ^C who go about the cities in black garments and with long hair, associating with secular men and women, and bringing insult to their own profession, we decree: if they choose to shear their hair and take up the habit of the remaining monks, let them be settled in a monastery and be numbered among the brethren. But if they do not choose this, let them be expelled from the cities altogether and inhabit the deserts, from which they also derived the name for themselves.

46. Those who choose the ascetic life and are settled in monasteries should not go out at all. But if some unyielding necessity draws them to this, let them [do so] with the blessing and permission of the superior.

For this reason, those who transgress the rule now established by us, whether they be men or women, let them be subjected to fitting penalties. ^A

Canons 2, 3, 4, and 5 of the First and Second Council gathered in Constantinople in the church of the Holy Apostles.

2. Since some pretend to put on the monastic life, not so that they might serve God purely, but so that they might obtain a reputation for piety through the dignity of the habit, and might thenceforth find abundant enjoyment of their own pleasures (for they merely cast off their hair and remain in their own homes, fulfilling none of the service or rule of the monastic life), the holy synod has decreed that no one at all shall be considered worthy of the monastic habit without the presence of the one who is the superior, whom he is obliged to receive into obedience, and who professes to accept lordship over him and cares for his soul's salvation—being, of course, a man who is godly, who presides over a monastery, and who is capable of saving a soul being properly brought to Christ. But if anyone is caught tonsuring someone without the presence of the superior who ought to receive him into obedience, let this person be subjected to deposition, as one who disobeys the canons and dissolves the good order of the monastic life. And let the one who was tonsured unreasonably and disorderly be handed over to [a life of] subjection in the monastery that the bishop of that region deems best. For unchecked and precipitate ^B tonsurings have both brought dishonor to the monastic habit and have caused the name of Christ to be blasphemed.

3. This is done wickedly, and is much worse when it is overlooked and neglected; it was judged that it must be corrected. The holy synod has decreed that if any superior of a monastery does not seek out those monks subject to him who are running away with great diligence, or if when finding them he does not take them back and strive to restore and strengthen the diseased one with the treatment appropriate and suitable to his failing, he is to be subject to excommunication. For if one who is entrusted with the care of irrational animals ^C and neglects the flock is not left unpunished, how will he who has been entrusted with the pastoral authority over Christ's lambs, and who sells out their salvation through sloth and negligence, not be made to pay the penalty for such daring?

4. In many ways the evil one has striven to make the venerable monastic habit a reproach; and he found great assistance in this during the time of the heresy that preceded it. For monks, abandoning their own monasteries by necessity of the heresy, ^D

^A some slipped away into other monasteries, while others fell into the lodgings of worldly men. But that which was then done by them for the sake of piety, and rendered them praiseworthy and blessed, having degenerated into an irrational habit, renders them ridiculous. For now that the religion is spread everywhere throughout the earth, and the Church has been delivered from scandals and offenses, some still depart from their own monasteries, and like some unrestrainable torrent, flowing here and there, they fill many monasteries with much disorder, and heap up much confusion for themselves, while tearing apart and destroying the dignity of obedience. But the holy synod, cutting off the instability and insubordination of these men, determined that if any monk, having fled from his own monastery, should either slip into another monastery or enter a worldly lodging, both he and the one who received him should be excommunicated, until the one who fled returns to the monastery from which he had improperly departed. But if a bishop, having been informed by suitable witnesses of the piety and uprightness of life of certain monks, should wish to transfer them to another monastery for the establishment of that house, or should judge that they be settled in a worldly home for the salvation of those living there, or should deem it proper to set them over others in any other place, this shall not be to the detriment of either those who receive them or the monks themselves.

5. We find that hasty and untested renunciations bring great harm to the monastic order. For those who throw themselves too readily into the monastic life, and perform the harsh and laborious training sluggishly, return miserably once again to a carnal and pleasure-seeking life. Therefore, the holy synod ^C has decreed that no one be deemed worthy of the monastic habit before the period of three years, left to them for probation, has shown them to be approved and worthy of such a life; and it has ordered this to be observed in every way, unless some serious illness occurring might require the periods of probation to be shortened, or unless a man should be already devout, and still leads a monastic life while in the secular habit. For such a man, a period of six months shall suffice for a complete probation. If anyone does otherwise than this, the superior shall forfeit his superiorship and find correction for his faulty observance of the order by living in obedience and subjection. The monk who has acted thus shall be handed over to another monastery, where he may observe monastic discipline accurately and perfectly.

Text. Const. 29, tit. 3, lib. 1 of the Code says: Only the apocrisiarii are permitted to leave the monasteries and enter the cities. And if they are seen to be disturbing the simpler folk through doctrines or counsel, they are to be legally punished. And Const. 38 of the same title: Those who abandon their own monasteries do not receive back the movable goods which they brought with them, of whatever quantity they may be, even if there are no records of deeds drawn up for them. In the case of donations of immovable things, the law is to be maintained.

since the right of reclamation does not perish for the one who gave. Indeed, the 2nd Constitution of Title 1 in the Novels also says: ^C By the providence of the bishop, neither monks nor nuns shall wander about in the cities, but remaining in their monasteries, let them provide their replies through their apocrisiaries. When a monk moves to another monastery, the things he had when he entered belong to the first monastery. Read also what is written in chapter 1 of this title and in chapter 32, title 9, of the present work.

CAP. V. – That monks should not marry, nor live with any persons as if they were sisters. Likewise, that those who have professed virginity should not live with men.

Council of Ancyra, Canon 19.

19. Those who have professed virginity and make their profession void, let them fulfill the penalty of digamists. We have, however, forbidden virgins to live with anyone as sisters.

Council of Chalcedon, Canon 16.

16. A virgin who has dedicated herself to the Lord God, etc., as on page 734.

Council of Constantinople VI (Quinisext), Canons 44, 47.

44. A monk convicted of fornication, or who takes a wife for the communion and society of marriage, shall be subjected to the penalties of fornicators according to the canons.

47. Neither woman shall sleep in a men's monastery, nor man in a women's monastery; for the faithful must be free from every occasion of offense and scandal, and must order their life according to what is decorous, honest, and pleasing to God. If anyone does this, whether he be cleric or layman, let him be excommunicated.

Canons of Basil 19, 20, 60.

19. We do not know of professions by men, unless some have enrolled themselves in the order of monks, who indeed seem by their silence to have accepted celibacy. ^D I believe, however, that in their case too, it is proper that this should be done first: that they be questioned and their clear and manifest profession be received, so that when they turn to a libidinous and voluptuous life, they may be subjected to the punishment of those who commit fornication.

20. Whatever women, while they were in heresy, professed virginity, etc., as on page 619.

60. She who has professed virginity and has fallen from her profession shall fulfill the time of the sin of adultery under the regulations for continence. The same applies to those who have professed the monastic life and fall.

Read what is noted in chapter 14, title 8, and chapter 29, title 9, of the present work.

CAP. VI. — Concerning monks who form factions or conspiracies.

CAP. VII. — That an ascetic man should not be in the bath with a woman.

CAP. VIII. — Concerning the guarding of sacred virgins.

Council of Nicaea, canon 18, 20, 22. That women should not dwell in episcopal residences or in monasteries of men. 18. "Be without offense," says the divine Apostle, etc., as on page 686. That from the present time no double monastery should exist, and concerning double monasteries. 20. From the present time we decree that a double monastery should not be formed, because this becomes a scandal and a stumbling block to many. If any, however, wish to renounce the world with their relatives and follow the monastic life, the men ought to depart to a monastery of men, and the women should enter into a monastery of women; for this is acceptable to God. But those that have existed as double up to now shall be maintained according to the canon of our holy Father Basil, and shall be governed according to his constitution. Let not monks and nuns live together in one monastery; for adultery is inherent in living together in the same place. Nor let a monk freely

converse with a nun in private; let no monk sleep in a women's monastery, nor let him eat with a nun alone. And when the necessities of life are brought from the men's side to the canonesses, the head of the women's monastery shall receive them outside the gate, together with some aged nun. But if it happens that a monk wishes to see some female relative, he shall converse with her in the presence of the head of the monastery in brief and few words, and shall soon depart from her. ^B That monks must eat with women, if it should happen, with thanksgiving and with all modesty and religion. 22. That all things are to be dedicated to God, etc., as on page 690.

Chapter 9. — On the defilement of sacred virgins.

18. Concerning virgins who have fallen, who have confessed a life of holiness to the Lord, and who, on account of having fallen into the passions of the flesh, make their own covenants of no effect; our Fathers indeed, accommodating themselves simply and gently to the infirmities of those who slip, decreed that they could be admitted after a year, judging them after the likeness of digamists. But it seems to me, since by the grace of Christ the proceeding Church becomes stronger, and the order of virgins is now multiplied, that the matter itself must be carefully considered, as it is manifest to one who is considering it, and the opinion of Scripture which can be found from the consequence. For widowhood is inferior to virginity: therefore also the sin of widows is far less than that of virgins. Let us see, therefore, what was written to Timothy by Paul: "But the younger widows avoid; for when they have begun to wax wanton against Christ, they will marry, having condemnation, because they have cast off their first faith." If, therefore, a widow is subject to a most heavy judgment as one having cast off her faith in Christ, what must we think regarding a virgin, who is the bride ^C of Christ, and a sacred vessel dedicated to the Lord? It is indeed a great sin even for a servant-girl, by giving herself to clandestine marriages, to fill the house with defilement, and to do injury to her master through her wicked life; but it is far more grievous for the bride to become an adulteress, and, having disgraced the union with her bridegroom, to give herself over to unchaste pleasures. Therefore, the widow is condemned as a corrupted servant-girl, but the virgin is subject to the judgment of an adulteress. Just as, therefore, we call him an adulterer who cohabits with another man's wife, not admitting him to communion before he has ceased from the sin, so clearly shall we also be disposed in the case of him who has a virgin. But it is necessary for us now to state in anticipation that she is called a virgin who has of her own accord offered herself to the Lord, and has renounced marriage, and has embraced the institution of holiness, ^D

^A and who has preferred a life in sanctification. We approve the professions from the time when the age has attained the fullness of reason. For it is not fitting that childish utterances be deemed entirely valid in such matters; but rather, one who has exceeded sixteen or even seventeen years of age, being mistress of her own judgments, having been examined for a long time, having then remained steadfast and urged with entreaties to be admitted, then it is proper that she be enrolled among the virgins, and that the profession of such a one be ratified, and its violation be punished inexorably. For many parents, and brothers, and some of the relatives bring them forward before the proper age, not having been moved of their own accord toward an unmarried life, but rather maneuvering for some worldly advantage for themselves; such as these ought not to be admitted easily, until we have openly examined their own inclination. 20. Whatever women, when they were in heresy, etc., see page 619. ^B 60. She who has professed virginity, etc., see page 854. Read the annotations of chapter 30 of title 9 of the present work.

CAP. X. — Concerning the age of those assuming the religious habit. Also, who is called a virgin?

Council of Carthage, canon 126. Concerning virgins who are even minors being veiled.

126. Likewise it pleased [the council] that if any bishop, on account of a necessity of virginal modesty being in peril—when either a powerful suitor or a ravisher is feared, or if she has been pricked by some concern of mortal danger, lest she die without being veiled—has veiled a virgin, or has veiled her within twenty-five years of age, the council 89, which has been established concerning this number of years, shall not be a hindrance to him.

Canons 40 and 45 of the Sixth Ecumenical Council. Concerning monks and nuns.

40. Since to cling to God ^C through withdrawal from the din and perturbation of life is very salutary, it behooves us not to admit those who choose the monastic life without examination, nor to admit them unseasonably, but to observe in them also the term handed down to us by the Fathers, so that we may admit in this case the profession of a life according to God only when it is already firm and made from one's own intention and judgment, after the completion of reason. He, therefore, who is about to take upon himself the monastic yoke must not be younger than ten years of age; the examination of this matter also remaining at the discretion of the presiding bishop, whether he judges that it is more beneficial for the time to be extended for [the candidate's] introduction and establishment in the monastic life. For although the great Basil, in his ^D sacred canons, decrees that she who of her own accord offers herself to God and embraces virginity, when she has completed her seventeenth year, is to be counted among the order of virgins; yet, following the example of widows and deaconesses, in the said...

^A time, by analogy and proportion, we have guided those who have chosen the monastic life. For it is written in the divine Apostle: "Let a widow be chosen in the Church of sixty years." But the sacred canons have decreed that the deaconess is to be ordained at forty years of age, since they saw that the Church of God had become more powerful and robust by the grace of God, and was advancing further, and that the faithful were firm and steadfast in the observance of the divine commandments. Which indeed, having also ourselves understood in the best way, we now decree that the blessing of grace be imprinted quickly as a kind of seal ^B upon him who is about to begin his struggles according to God, thereby leading him not to delay or procrastinate for long, or rather inciting him toward the choice and establishment of what is good.

45. Since we have learned that in certain women's monasteries, women who are to be deemed worthy of that holy habit are first adorned by those bringing them with silk and all kinds of garments, and moreover with ornaments varied by gold and precious stones, and thus approaching the altar, they are stripped of such apparatus of wealth, and immediately the blessing of the habit is performed upon them, and they are clothed in the black garment, we decree that this is no longer to happen from now on. For it is not holy that she who has already by her own ^C will laid aside all the pleasure and care of life, and has embraced the way of life according to God, and has confirmed this with unwavering reasoning, and thus has approached the monastery, should again be brought to the memory of those things of the perishable and flowing world which she had already forgotten; and from this become uncertain, and her soul be troubled like overflowing waves, turning this way and that: so that she can no longer, even when shedding a tear, show through her body the contrition in her heart; but even if some small tear should escape, as is natural, it might be thought by those observing it to have flowed not so much because of the ascetic struggle, as because of the fact that they are leaving the world and worldly things. ^D

Basilii canon 18. CAP. XI. — On monks passing to the clerical state, or to lay dignities, or to military service. Concilii Nicæni canon 12. 12. Those who have been called by grace, etc., as on page 731. Concilii Chalcedonensis canon 7. 7. Those who have once been appointed in the clergy, etc., as on page 751. Cyrilli ex epistola ad episcopos qui sunt in Libya et Pentapoli. Some others from those very monasteries, having been cast out as unruly and insolent, again seek ordinations

and having been made clergy, they enter into those very monasteries from which they were cast out, and wish to perform the oblation, and to do all those things which it is the custom for clergy to do, so that even some of those who know them avoid the assemblies and do not bring themselves to communicate when they are officiating.

Read the annotations to chapter 32, title 9, of the present work.

CAP. XII. — Concerning those who usurp the monastic habit and vilify those who use common clothing.

^AConcilii Gangrensis canon 12. 12. If any man because of a supposed ascetic exercise wears a cloak, and as if he possessed righteousness from this, condemns those who wear with piety those garments which are customary and in common usage, let him be anathema.

Text. It is said in Book 1, title 4, constitution 4: Let mimes, and those who earn a living by their bodies in public, not use the habit of holy virgins. And constitution 2 of the Novellae says: Let no layman, and least of all stage-players and harlots, use the monastic habit, nor let them imitate it. Otherwise they shall be punished with corporal penalties and be exiled.

^B

CAP. XIII. — Concerning a woman who puts on masculine attire for the sake of an ascetic life.

Concilii Gangrensis canon 13. 13. If any woman because of a supposed ascetic exercise alters her apparel, and instead of the customary feminine garment takes up a masculine one, let her be anathema.

CAP. XIV. — That women should not be shorn for the sake of an ascetic life.

Concilii Gangrensis canon 17. 17. If any woman because of a supposed piety shears the hair which God gave her as a reminder of submission, as if she were dissolving the command of submission, let her be anathema.

^C

CAP. XV. — Concerning him who, under the pretext of an ascetic life, does not support his children or parents.

Concilii Gangrensis canon 15, 16. 15. If any man abandons his own children and does not feed them, nor, as far as in him lies, brings them up in the piety that is fitting, but neglects them under the pretext of an ascetic life, let him be anathema.

16. If any children, under the pretext of piety, should withdraw from their parents—especially if they are believers—and not render to their parents the honor which is fair, piety toward God being evidently preferred by them, let them be anathema.

^D

CAP. XVI. — What civil business or management monks are permitted to handle.

Concilii Chalcedonensis canon 3. 3. It has come to the holy synod that some of those who are enrolled in the clergy, etc., as on page 683.

Read the annotations to chapter 3, title 8, of the present work.

(27) Berus seems to be Balsamon, the Bishop of Antioch, interpreting this passage to mean garments made of silk.

TITLE XII. ON HERETICS, JEWS, AND PAGANS.

CANON 1. - What is heresy, what is schism, and what is an illegitimate conventicle? Canon 1 of Basil.

^A 1. As for the issue concerning the Cathari, it has been spoken of previously, and you have correctly noted that one ought to follow the custom of each region, because those who examined these matters at the time arrived at different opinions regarding their baptism. But the baptism of the Pepuzenians seems to me to have no validity, and I have wondered how this escaped Dionysius, a man expert in the canons. For the ancients deemed that baptism was to be accepted which departed in nothing from the faith; whence they called some things heresies, others schisms, and others parasynagogues (or illegitimate conventicles). Heresies are those who have been completely severed and alienated in the faith itself; schisms are those who, for certain ecclesiastical causes and curable questions, have dissented among themselves; and parasynagogues are the gatherings held by insubordinate presbyters or bishops and by uninstructed crowds—as, for example, if one, upon being examined for a fault, is suspended from ministry and does not submit to the canons, but claims for himself the headship and ministry, and some leave the Catholic Church and depart with him, this is called a parasynagogue. Schism, however, is a disagreement regarding penance on the part of those who are still of the Church. Heresies are such as those of the Manichaeans, the Valentinians, the Marcionists, and these very Pepuzenians; for immediately the disagreement is regarding the very faith in God. It seemed good, therefore, to the ancients to reject utterly the baptism of the heretics, but to accept that of those who have schismed ^B as still being of the Church, and finally, those who are in the parasynagogues, if they have been reformed by worthy penance and conversion, are to be connected again to the Church; so that often even those who had attained a rank and gone over with the rebellious, once they have done penance, are admitted back into the same order.

The Pepuzenians, therefore, are clearly heretics: for they have blasphemed against the Holy Spirit, illegitimately and shamelessly attributing the name of Paraclete to Montanus and Priscilla. Whether therefore they are to be condemned for deifying men, or for insulting the Holy Spirit by comparing Him with men, they are in either case liable to eternal condemnation, because blasphemy ^C against the Holy Spirit is unforgivable. What reason is there, therefore, for their baptism to be accepted, given that those who baptize do so in the ^D

name of the Father and the Son and the Holy Spirit, but also of Montanus and Priscilla? For those who were baptized into things not handed down to us were not truly baptized. ^A Thus, even if the great Dionysius passed over this, we are not to imitate his error; for the absurdity of it is manifest there, and evident to all who possess even the slightest capacity for reasoning.

^B The Cathari, too, are among those who have been cut off; yet it seemed good to the ancients—I speak of Cyprian and our own Firmilian—to subject all these, the Cathari, the Encratites, and the Hydroparastatae, to one and the same judgment. For the origin of their separation occurred through schism; and those who had separated themselves from the Church no longer had the grace of the Holy Spirit on them, for the communication had failed because the succession had been broken. For those who first withdrew had received ordination from the Fathers, and by the laying on of their hands, they possessed the spiritual gift. But those who were cut off, having become laymen, had no power either to baptize or to ordain, being no longer able to impart to others the grace of the Holy Spirit from which they themselves had fallen. Wherefore, they commanded that those coming from their ranks to the Church, as having been baptized by laymen, should be purified by the true baptism of the Church. But since it has seemed entirely good to some of those in Asia, for the sake of the many, to receive their baptism by way of economy, let it be accepted. ^C However, we must understand the wickedness of the Encratites, who, in order to shut off their own return to the Church, set about to forestall it by their own baptism, and thus also violated their own custom. I think, therefore, since there is nothing explicitly ruled concerning them, that we ought to reject their baptism, and if anyone has received it from them, he should be baptized upon coming to the Church. But if this should prove an obstacle to the general economy, one must again use the custom and follow the Fathers who dispensed regarding matters that pertain to us. For I fear lest, while we desire to make them slow to baptize, we might become an obstacle to those who are being saved because of the severity of the ruling. But if they keep our baptism, let this move us. For we must not return like for like, but serve the accurate observance of the canons. By all means, however, let it be ruled that those who come from their baptism be anointed, of course, in the presence of the faithful, and so finally approach the mysteries. ^D I know, indeed, that we have received our brothers Izoius and Saturninus, who were of that order, into the rank and cathedra of bishops; so we can no longer separate those who are joined to their order from the Church, having, as it were, established a certain canon of communion with them through the reception of their bishops.

CAP. II. — What is a heretic?

The first constitution of the first title of the first book of the Code states that anyone who does not believe in the Holy Trinity as equal in one deity is not called a Christian, but is a witless man and an infamous heretic, and is punished. And the fifth title of the same book says that he who turns aside even a little from the orthodox faith is a heretic and is subject to the laws against heretics. And the twelfth constitution of the same title says that a heretic is he who is not orthodox; and the first constitution of the third title, *On the Dead*, calls all who are not in communion heretics.

^A The things concerning heretics are discussed at length in the fifth title of the Code, in which they are forbidden to have privileges, to teach, to create clergy, or to perform litanies publicly or in a private house; for if any such thing happens, the office of the prefect gives one hundred pounds [of gold], and the provincial officials fifty, if such a thing is done with their permission. It is contained in the same place that the orthodox Church shall take the places of their congregation. Moreover, that Manichaeans and Donatists are punished with the ultimate penalty and their goods are confiscated, and they may not make wills, or contract in any way, and their children, if they are not orthodox, may not inherit from them, and after death they are accused and their wills are invalidated. And that they are cast out of the cities, and that the houses in which heretics assemble by the consent of the owners are appropriated to the ^B Churches. And that they are not released from the duties of curials or cohortals. And that they may not build monasteries, nor serve in the military. And how those who write against the holy councils, or possess or read such things, are punished. And that they may not be buried in a lawful manner. And that they may not become holders of office, or advocates, or defenders, or fathers of cities, but rather become base and debased. And how they are compelled to raise their children, if they are orthodox, and to record them as heirs, and to give them a dowry and gifts before marriage. And that if the parents are in dispute, the one who wishes to bring the children to orthodoxy prevails, and that orthodox children who commit offenses against heretical parents are punished. And that heretics do not baptize, nor do they oversee or administer regions by themselves or through intermediaries, nor do they teach, nor may they inherit, nor do they transact business within the sacred precincts. And that they do not give testimony against an orthodox person in a legal trial, unless an orthodox person is dragged into a curia, as in the second constitution of the eighth title, *On the Dead*—there are forty-two in the total count—but they do testify in final wills and codicils. Read what is written in the eighth chapter of the tenth title of the present Syntagma.

Regarding the Jews, the ninth title of the first book of the Code deals with them, in which it says that their synagogues are not to be moved, nor are they to perform physical labor on their Sabbaths or their feast days; nor are they to be summoned to court, nor harassed by Christians, nor may they take Christian women in marriage; and that they themselves regulate their own [affairs], and that in marriages they do not keep their own law, and that they may choose Jewish judges only in pecuniary ^D cases. And that their primates introduce the corona gold tax at their own risk to the public treasury, and that they must not dare anything against Christians.

CAP. III. — Regarding the books of heretics.

69. All childish toys and mad ravings—the pseudonymous writings produced against the holy images—ought to be given to the bishop of Constantinople, so that they may be deposited with the rest of the heretical books. But if anyone is found concealing these, if he be a bishop, or priest, or deacon, let him be deposed; but if a layman or monk, let him be excommunicated.

Text. Const. 3, tit. 1, lib. 1, of the Code says: The books ^B of Porphyry and others against the Christians are to be burned. Also those of Nestorius, and whoever does not agree with the councils at Nicaea and Ephesus, and with Cyril of Alexandria, whose faith it is not permitted to exceed, do not harmonize. But those who have and read the aforementioned books are punished with the ultimate penalty. Tit. 4, const. 10: Mathematicians who do not burn their own books before the bishops, and do not accede to the orthodox faith, are expelled from every city; if they are found in cities, they are deported. Tit. 5, const. 5: Those things which Nestorius wrote against the council of Ephesus may not be held or copied by anyone, but are to be burned. Furthermore, when there is a dispute about the faith, no mention of them is to be made; nor must they be received in any private place. He who transgresses the law is confiscated. Moreover, Nestorians are not called Christians, but Simonians; just as the Arians, Porphyrians. Const. 8: It is permitted to no one to write, read, dictate, or hold books against the Chalcedonian council: otherwise ^C he is perpetually deported. He who approaches one for the sake of learning them pays ten pounds of gold to the treasury. And he who teaches forbidden things is punished with the ultimate penalty. And all the books of Eutyches and Apollinaris are to be burned. But if the governors, or their ranks, or the defenders of the cities do not observe this, they are fined ten pounds of gold to the treasury. Const. 16: He who holds the books of the Manichaeans and does not bring them out into the open to be burned, is punished. And constitution 5, tit. 1 of the Novellae commands that those who hold the writings of Severus and do not burn them, have their hands cut off. ^D Moreover, book 10, tit. 2, digest. 4 says: Magic books found in an inheritance are not divided among the heirs, but are destroyed at the discretion of the judge. And the 5th constitution of the 3rd title of the Novels permits the Jews in their synagogues to read the Scriptures in Greek and other languages according to the nature of the places: according to the tradition of the Seventy and Aquila. But he who prohibits such reading is confiscated and exiled.

^A

CAP. IV. — On destroying idols or shrines.

58. It is also requested of the emperors that they command the remains of idols throughout all Africa to be utterly cut off; for in many maritime places and various estates, the iniquity of this error still flourishes; so that it may be commanded that these too be wiped out, and that their temples, which are in the fields or in hidden places, standing without any adornment, be ordered by all means to be destroyed.

On the eradication of the remains of idols.

84. Likewise it pleased that it be requested of the most glorious emperors, that the remains of idolatry not only in images, but in whatever places, or groves, or trees, be by all means destroyed.

387. Constitution 1, tit. 2, lib. 1 of the Code commands that temples be closed.

^B

CAP. V. — On Nestorius, Musaeus, Eutychianus, Maximus, Porphyrius, and the heretics derived from their source, and on those cast out of the orthodox.

4. They also decreed concerning Maximus the Cynic and his petulance and insolence, which occurred at Constantinople, ^C so that Maximus was not nor should be bishop, nor those ordained by him in any grade of the clergy, whoever he may be; and all things that were around him and that were done by him are invalidated.

Concilii Ephesini canones 1, 2, 3, 4, 5.

1. Since it was necessary that those who left the holy synod, and remained in the cities or provinces due to some ecclesiastical or bodily impediment, should not be ignorant of what was decided concerning them, we signify to your holiness and love that, if any metropolitan of a province, having abandoned the holy and ecumenical synod, should attach himself to the assembly of apostasy, or should do so in the future, or has thought or thinks as Caelestius thinks, he shall in no way be able to do anything against the bishops of the province, as one who has already from that moment by the synod been cast out of all ecclesiastical communion, and is rendered ^D inactive; but he shall also be subject to the bishops of that province themselves and to the neighboring metropolitans who think rightly of orthodoxy, so that he is entirely cast out of his see and even from the grade of the episcopate.

2. If any provincial bishops, etc.

3. If any of the clergy in each city or region have been [excommunicated or deposed] by Nestorius and those conspiring with him.

and were prohibited from the priesthood because they correctly held the right opinion, we have judged it right that they too should receive back their own rank. In summary, moreover, we command that the clergy who agree with the orthodox and ecumenical synod should in no way or manner be subject to the bishops who have defected or who are about to defect.

4. If any of the clergy should defect, and should dare, either privately or publicly, to think the things of Nestorius or of Celestine, it has been decreed by the holy synod ^B that these too are deposed.

5. Whoever has been condemned for shameful deeds by a synod, or by their own bishops, to whom, contrary to the canons, Nestorius—who had no discernment of matters—and those who think as he does, have attempted or shall attempt to restore rank or communion; we have judged that these have achieved nothing, and that they remain and are nonetheless deposed.

Canon 19 of the Council of Sardica

19. Bishop Osius said: This is the opinion of my mediocrity; because we ought to be quiet and patient, and have perpetual mercy for all, those who have once been promoted to the ecclesiastical clergy by some of our brethren, if they do not wish to return to the Churches to which they were appointed, shall not henceforth be admitted. But as for Eutychianus, he shall not even usurp for himself the name of bishop; nor shall Musæus be considered a bishop. But if they should seek lay communion, ^C it is not fitting that it be denied to them. All said: It pleases us.

CAP. VI. That the holy offering should not be made in the presence of a heretic.

Timotheus canon 9. Question 9. Whether a cleric ought to pray when Arians are present, etc., as on page 611.

CAP. VII. Concerning heretical clerics who come to the bosom of the orthodox Church.

Canons 57, 68 of the Council of Carthage. That little ones baptized among the Donatists may be ordained as clerics in the Catholic Church.

57. Therefore, since your unanimity recognizes with me ^D that it was decreed in the higher council that those who were baptized as little ones among the Donatists, not yet able to know the perdition of their error, and after they have arrived at the age capable of reason, having acknowledged the truth and abhorring their falsity, have been received into the Catholic Church of God, which is spread throughout the whole world, by the ancient order through the laying on of hands; the name of the error ought not to hinder such persons from receiving the clerical office, since they had considered theirs to be the true Church, by approaching the faith and believing in Christ there, and having received the sacraments of the Trinity; all of which are true and holy.

in these all the hope of the soul consists. And even if the reckless boldness of the heretics, having been anticipated, ventures to deliver certain things in the name of truth, since these are simple, as the holy Apostle teaches by saying: "One God, one faith, one baptism" (Ephes. iv, 5), and since that which ought to be given once—it is not permitted to repeat—must not be repeated, once the name of error has been anathematized, they should be received through the laying on of hands into the one Church, the dove, as it is said, and the only mother of Christians; in which all those holy signs of grace are salvifically received as eternal and life-giving, which bring upon those who persist in heresy the great punishment of condemnation. ^B Thus, that which in the truth should have been for them lighter on the path to eternal life, becomes in error for them darker and more damning. Some have fled from this, and recognizing the direct path of the mother, the Catholic Church, they have believed in and received all those holy mysteries through the love of truth. To such, therefore, when the proof of a good life is forthcoming, without doubt the clergy will be awarded for the ministry of holy things; and especially in such a necessity of matters, there is no one who does not concede this. But if some clergy of the same sect desire to cross over to us with their multitudes and their honors, who by the love of honor either persuade themselves toward life or restrain themselves toward salvation, but this I judge should be left to the greater consideration of the aforementioned brothers; so that when they have weighed our suggestion with their more prudent counsel, they may deign to inform us what is pleasing to them in this matter. Only concerning those who were baptized as infants, we are anxious that our will, if it please them, might find agreement in the ordaining of them. Therefore, may your honorable fraternity weigh with me that all things which we have gathered above are to be carried out before the holy bishops.

That the clergy of the Donatists may be received into the clergy in the Catholic Church.

68. ^D Afterward it pleased that letters be sent to our brothers and co-bishops, and especially to the apostolic see, in which the aforementioned venerable brother and our colleague Anastasius presides, that he might know that Africa is in great need; so that for the sake of the peace and utility of the Church, even [if perchance] any of the Donatists themselves, whoever among the clergy, having corrected their purpose, should wish to cross over to the Catholic unity, according to the will and counsel of each individual Catholic bishop who governs the Church in that same place, if this should seem profitable to Christian peace, they may be received in their own honors, just as it is manifest that this was done in the previous times of the same division. Which—of many and almost all the African Churches in which such an error arose—

^A the examples bear witness; not that the council which was held in transmarine parts regarding this matter should be dissolved, but that it should remain for those who wish to pass over to the Catholic Church in such a way that no schism of unity be caused by them. But by whomever the Catholic unity in the places in which they dwell shall have been seen to be in every way perfected or aided by the manifest profits of brotherly souls, let it not hinder them that it was ordained in the transmarine council contrary to their honors (although salvation is withheld from no one), that is, that those ordained in the party of Donatus, if they should wish to cross over having been corrected to the Catholic Church, should not be received in their honors according to the transmarine council; but with the exception of those through whom provision is made for Catholic unity.

Basil canon 1. 1. The question concerning the Cathari, etc., as on page 866. The Pepuzeni, therefore, etc., as on page 866. The Cathari are, etc., as on page 867.

Theophilus from the Commonitorium, cap. 1. 1. Regarding those who communicate with the Arians and still hold the Churches, as the custom is, let it be done; yet so that others be constituted who shall bear witness in orthodoxy, and let them remain. Also concerning these, let it be managed as the orthodox bishops in the Thebaid did in other cities: let those who were constituted by the bishop Apollo and who communicated with the Arians holding the Churches be punished, if indeed they have done this by their own will; but if they obeyed their own bishop, let them remain, even if they did not know what is just. And if indeed all the people reject them with the others, let others be ordained; but if they retain them with those with whom they have communicated, let these also experience that custom which all the orthodox bishops in the Thebaid have used.

CAP. VIII. — Of bishops or clerics who communicate or pray with heretics, or allow them sacred ministry, or receive their baptism or sacrifice.

Apostolic canons 10, 45, 46. 10. If any one shall have prayed even in a house with one excommunicated, let him be segregated. 45 [44]. A bishop, or presbyter, or deacon who has even only prayed with heretics, etc., as on page 610. 46 [45]. A bishop or presbyter who has received the baptism of heretics, etc., as on page 610.

Council of Antioch canon 2. 2. All those who enter into the Church of God, etc., as on page 606.

Council of Laodicea canon 33. 33. That it is not permitted to pray with heretics or schismatics. Read what has been noted in cap. 15, tit. 3 of the present work. ^D

CAP. IX. — Concerning bishops or clerics who receive blessings from heretics or Jews, or who pray in the churches or monasteries of heretics, or of pagans, or of those who observe the Sabbath, or who celebrate festivals with the Jews, or who make offerings to synagogues or to pagan temples: and concerning the Angelites.

Apostolic canons 65, 70. 65 [63]. If any cleric or layman enters the synagogue of Jews or heretics to pray, let him be deposed and excommunicated. 70 [69]. If any bishop, or presbyter, or deacon, or anyone at all from the catalog of the clergy, fasts with the Jews, etc., as on page 738.

Council of Laodicea, canons 9, 29, 32, 35, 37, 38, 39.

9. It is not permitted that those who are of the Church should go into the cemeteries, or into what are called the martyria of any heretics, for the sake of prayer or veneration. But if such persons be believers, let them be excommunicated for a time; if, however, they are led by repentance and confess that they have erred, let them be received.

29. That Christians ought not to Judaize, etc. 32. That one ought not to receive the blessings of heretics, which are foolishness rather than blessings. 35. That Christians ought not to abandon the Church of God, and go away, and name angels, and hold assemblies; which things are prohibited. If anyone therefore be found occupied in this secret idolatry, let him be anathema, because he has abandoned our Lord Jesus Christ, the Son of God, and has approached idolatry. 37. That one must not accept festival gifts sent by heretics or Jews, nor celebrate festivals with them. 38. That one must not accept unleavened bread from the Jews, nor communicate in their impieties. 39. That one must not celebrate festivals with the pagans and communicate in their godlessness.

Council of the Sixth Ecumenical [Synod], canon 11. 11. No one who is numbered in the priestly order, nor a layman, shall eat the unleavened bread of the Jews, etc., as on page 738.

The 1st constitution of title 9, book 1 of the Code says that what is bequeathed to a university [corporation] of Jews cannot be claimed. But book 34, title 5, digest 8 also says: What is bequeathed to a lawful body or college is valid. The contrary, however, holds in the case of an unlawful one—unless it is bequeathed to individuals within that body, for then it is valid. Book 6, title 48 of the Code contains many legal positions of this kind. Furthermore, constitution 9, title 2, book 1 says: If anything has been donated or left to any places or persons for the purpose of establishing the error of the pagans, the city in which the persons dwell, or under which the places are situated, receives it, and it is spent after the manner of civil revenues.

CAP. X. — Of the bishop who says he knows that he communicated with a heretic.

CAP. XI. — That one ought not to go to the false martyrs of the heretics.

CAP. XII. — That heretics should not enter the church.

CAP. XIII. — Of the marriages of heretics with the orthodox.

Canon 72 of the Sixth Ecumenical Council. 72. It is not permitted for an orthodox man to be joined to a heretical woman, nor for an orthodox woman to be coupled to a heretical man. But if any such thing should appear to have been done by any person whatsoever, let them consider the marriage invalid, and let the unlawful union be dissolved. For it is not proper to mix things that should not be mixed, nor to join the sheep with the wolf, nor the lot of sinners with the portion of Christ. But if any one shall have ^C transgressed what has been decreed by us, let him be separated. But if any who are still infidels, and have not yet been enrolled in the fold of the orthodox, have been joined to one another in lawful marriage, then if the one having chosen what is good has hastened to the light of truth, while the other is held fast by the bond of error, not wishing to gaze with fixed eyes upon the divine rays, but the unbeliever is pleased to dwell with the believer, or vice versa, the unbeliever with the believer, let them not be separated.

^A Ex divina enim Pauli sententia: Sanctificatus est vir infidelis in muliere, et sanctificata est mulier infidelis in viro.

The civil law, even though it defines marriage most precisely—saying in Book 23, title 3, of the Digest that "Marriage is the union of a man and a woman, and a partnership for the whole of life, a communion of both divine and human law"—and though according to this definition those who are joined in marriage ought to be of the same religion, nevertheless recognizes and admits marriage between an orthodox person and a heretic. For it says in Book 1 of the Code, title 5, constitution 12, that when parents disagree, the one who wishes to bring the children to the orthodox faith is superior; and constitution 18 of the same title states that if one of the cohabiting spouses is orthodox and the other is a heretic, their children must be made orthodox. And in Book 5, title 1, constitution 5, it provides that if a betrothed woman refuses marriage due to a difference in religion, if she knew of the cause beforehand, she or her parents are liable; but if they were ignorant, or if the cause occurred after receiving the earnest money, the simple amount is returned; the same holds for the suitor. And constitution 6 of title 9, Book 1 of the Code, says that a Christian who takes a Jewess in marriage, or a Jew who takes a Christian woman, is accused of adultery. ^B

CAP. XIV. — On those returning from heretics to Orthodoxy, and whether it is possible for them to be ordained, and which of them are to be baptized and which merely anointed, and that one should treat heretics mildly for the sake of their conversion.

Council of Nicaea, canon 8, 19. 8. On those who call themselves Cathari, etc. 19. On those who are Paulianists, etc.

Council of Laodicea, canon 7, 8. 7. On those from the heresies, that is, Novatians or Photinians or Tessareskaidekatitai, who return [to the Church], etc. 8. On those returning from the heresy of those called Phrygians, etc.

Council of Constantinople, canon 7. 7. Those who are added to Orthodoxy, etc.

Council of Carthage, canon 47, 57, 66. On the children of Donatists who are baptized among the Donatists. 47. It pleased [us] that we should ask our brothers and fellow-priests Siricius and Simplicianus, etc., so that the little ones baptized among the Donatists may be ordained as clergy in the Catholic [Church]. ^C 57. Wherefore, since in the above-mentioned council it was decided..., etc.

^A *Ut cum Donatistis leniter agatur.* 66. Then, having examined and considered everything which seemed to contribute to the utility of the Church, with the approval and inspiration of the Spirit of God, we chose to act gently and peacefully with the aforementioned men, even though they have severed themselves from the unity of the Lord’s body by a restless dissension; so that, as much as lies in our power, it might become thoroughly known to all who have been snared in their communion and society throughout all the provinces of Africa, in what a miserable error they are bound: *Lest perhaps*, as the Apostle says, *God may give them repentance to know the truth* while we with gentleness correct those who think otherwise, *and they may recover themselves from the snares of the devil, who are held captive by him to his will*.

*Concilii œcumenici VI canon 95.* Regarding those who from the heretics come to the right faith, etc., see page 626.

*Basilii canones 1, 47.* 1. What therefore pertains to the Cathari, etc., see page 866. The Pepuzeni, therefore, are, etc., see page 866. The Cathari are also, etc., see page 867. The Encratites and Saccophori, etc., see page 466.

*Theophili ex epistola ad Aphyngium episcopum. De his qui dicuntur Cathari.* Your Piety has declared to me that certain of those who call themselves Cathari wish to draw near to the Church. Since therefore the great synod which was held at Nicaea by our holy Fathers ordained that those who draw near should be ordained, be willing to ordain those who wish to draw near to the Church according to this pattern, if indeed their life is upright and nothing stands in their way.

The synod [held in the time of] Cyprian decrees that every heretic who comes to the right faith is to be baptized, saying that the washing of heretics is not baptism.

^C *CAP. XV. — Non oportere ab episcopis vel clericis donari re aliqua, vel heredes aut legatarios institui hæreticos, etiamsi sint eorum propinqui.*

*Concilii Carthaginensis canones 22, 81.* That bishops or clerics, etc., see page 827. 22. And that those who are Catholic, etc., see page 827.

*De episcopis qui hæreticos vel paganos heredes instituunt.* 81. Likewise it pleased that if any bishop, [should leave] heirs as relatives, etc., see page 827.

Read what is noted in chapter 8, title 10 of the present work.

SYNTAGMA OF CANONS, TITLE XIII, CHAPTER I.

^A CAP. XVI. — Concerning heretics who seek repentance for their error.

Basil, canon 5. 5. Concerning those who seek repentance at the point of death, etc., as noted on page 803. Read what is written in chapter 39, title 9, of the present work.

^A CAP. XVII. — How bishops may reclaim places pertaining to them which heretics have occupied.

Canons 119, 121 of the Council of Carthage. That if a bishop, having delivered some diocese from heresy, shall have possessed it for three years, no one shall reclaim it against him. 119. Likewise it pleased that if anyone should convert some place to the catholic unity, and having kept it for three years without anyone reclaiming it, it should not be reclaimed from him thereafter; if, however, during that same three years there was a bishop who could have reclaimed it and was silent, he shall suffer the prejudice. But if there was none, no prejudice shall be held against the mother-church; but it shall be permitted, once the place has received a bishop which it did not have, to reclaim it within three years from that very day. Likewise, if a bishop has turned to the catholic [church] from the side of Donatus, the prescribed time shall not prejudice him, but from the day he turned, he shall have the power for three years to reclaim the places which belonged to his own see.

Concerning those who neglect the congregations pertaining to them. 121. Likewise it pleased that whoever neglects the places pertaining to their own see, etc., as on page 679. Read what is noted in chapter 10, title 8, of the present work.

^C CAP. XVIII. — Concerning those who strive to abolish the decrees of Ephesus.

Canon 6 of the Council of Ephesus. 6. Likewise also, if any should wish in any way whatsoever to overturn the things enacted concerning each individual by the holy synod at Ephesus: the holy synod has decreed that, if they be bishops or clerics, they shall completely fall from their own rank; but if they be laics, they shall be excommunicated. Read what is noted in chapter 3 of the present title.

^D TITULUS XIII. CONCERNING LAICS

CAP. I. — That a laic who, while staying in a city, has not attended church for three Sundays, shall be removed from holy communion.

^A *Council of Sardica, canon 11.* 11. Bishop Hosius said: We must also decree this, etc., as on page 606.

*Council of the Sixth Ecumenical [Council], canon 80.* 80. If any bishop, or presbyter, or deacon, etc., as on page 606.

CAP. II. — Concerning laics marrying a second or multiple times, and concerning illicit marriages and unions.

*Council of the Apostles, canons 19, 48.* 19 [18]. He who has taken two sisters, or a cousin, cannot be a cleric. 48 [47]. If any laic having cast out his wife takes another, or one put away by another, he shall be excommunicated.

*Council of Ancyra, canons 16, 17.* 16. Concerning those who have committed bestiality or are committing it. Whosoever have sinned before they were twenty years of age, having been prostrate and suppliant for fifteen years, let them obtain communion in prayers. Then, having persevered in communion for five years, then let them attain to the oblation. But let their life during their prostration be examined, and thus may they obtain humanity. But if there are those who have been unrestrained and malicious in their sins, let them have a long prostration. Whosoever, however, have passed this age, and having wives, have fallen into this sin, having been prostrate for twenty-five years, let them obtain communion in prayers. Then, having passed five years in the communion of prayers, let them attain to the oblation. But if there are some having wives, and having passed their fiftieth year, who have sinned, at the exit of life let them obtain communion. 17. Those who have committed bestiality, and are lepers, or who have caused leprosy, the holy synod has commanded to pray among those who are wintering.

*Council of Neocaesarea, canons 2, 3, 4, 7.* 2. If a woman marries two brothers, etc., as on page 802. 3. Concerning those who fall into multiple marriages, the time is indeed clearly defined. But their conduct and faith shorten the time. 4. If anyone has proposed, having desired a woman, to sleep with her, but his desire has not come to fruition, it appears that he has been rescued by grace. 7. A presbyter shall not feast at the wedding of a digamist, etc., as on page 691.

*Council of Laodicea, canons 1, 10, 31.* 1. Concerning the need, according to the ecclesiastical canon, that those who have been freely and legally joined in second marriages, not having committed clandestine marriage, after a short time has passed and they have occupied themselves with prayers and fastings, for the sake of indulgence, communion should be granted to them; this we have decreed.

^A 10. That those of the Church must not indiscriminately join their own children in marriage to heretics. 31. That one must not [marry] with any heretic, etc., Canon 16 of the Council of Chalcedon. 16. That a virgin having dedicated herself to God, etc., Canons 53, 54, 72, 98 of the Sixth Ecumenical Council.

53. Since a spiritual relationship is greater than the uniting of bodies, and we have learned that in some places certain persons who receive children from the holy and saving baptism subsequently enter into a marriage union with their widowed mothers, we decree that from the present time nothing of this sort be done. But if any, after this present canon, should be detected doing this, such persons shall ^B first of all abstain from this illicit marriage, and then be subjected to the penances of fornicators.

54. Since the divine Scripture teaches us so clearly: "You shall not approach any near kinsman of your flesh to uncover his nakedness," the God-loving Basil enumerated some of the prohibited marriages in his own canons, having passed over most in silence, and by both means brought us the advantage. For by avoiding a multitude of shameful names, so as not to defile the discourse with words, he embraced the impurities under general names, through which he pointed out to us the unlawful marriages in summary fashion. ^C Since, however, because of such silence, and because the prohibition of unlawful marriages could not be discerned, nature itself was confused, we have deemed it necessary to set forth the matters concerning this more openly, decreeing from now on that he who enters into a marriage union with his first cousin, or a father and son with a mother and daughter, or a father and son with two sisters, or a mother and daughter with two brothers, or two brothers with two sisters, shall fall under the canon of seven years, once they have obviously withdrawn from this unlawful cohabitation.

72. That it is not permitted for an orthodox man to be joined to a heretical woman, etc.,

98. He who leads into a marriage union a woman betrothed to another, while the one who betrothed her is still alive, shall be subject to the charge of adultery. ^D

Canons 1, 2, 3 of the Council of Union.

1. Let no one presume to add a fourth marriage to three; but let him utterly abstain from these, and remember that for such a deed he is excluded from all common ecclesiastical assembly, and indeed from any entrance into the holy house, for as long a time as he continues in that manner of life. For this pleased the holy Fathers before us, and we, rendering that opinion more manifest, declare him an alien to the Christian polity; but so much for the fourth marriage.

^A

2. The conditions of second and third marriages also require some excuse, as they are less congruent with Christian morals, and indeed were formerly censured by the Fathers themselves, not without a note of degradation. For since, because of greater modesty, that matter was not free from shame, nor had it yet, as it has now, passed into custom. For as happens to one who sees an obscene thing hidden in a remote part of the house, and comes to make little of it, or even speaks of it with freedom, so we too cast out and make less offensive whatever filth has adhered to us. Therefore, having regard to human weakness and exercising the modesty that befits Christians, we think such marriages should be avoided. For he who has reached ^B his fortieth year, and, having no regard for nature nor for the decorum which can never be absent from a Christian life, runs toward a third wife, stirred only by the goad of pleasure, we command that he be deprived of participation in the sacraments for five years with all severity. For he who has not blushed to play the part of an impure man in the Church of Christ in act and word is little worthy of enjoying clemency or of pursuing the indulgence of the Creator. For although he may have been admitted into the sacred assembly by grace, yet that reception will not be perfect without the benefit of the resurrection of our Savior and God; wherefore, by laboring in abstinence and continence, he shall return to a state of purity; provided that, where no children have been produced from previous marriages, marrying a third time after the fortieth year of life ^C is lawful—a thing which it would be unlawful to do where living children announce the previous marriage. For what is more unjust than that one, given over to inopportune lust, should neglect children born of previous wives as a burden and a nuisance, especially when there is an abundance of offspring? Therefore, he who, being thirty years old, after having children born from his wives, enters upon a third marriage, let him be without participation in the holy mysteries for four years, since it is clear that nothing else but concupiscence and unbridled lust impelled him to this marriage. But if afterwards he is allowed to enjoy the mysteries, he shall approach the Eucharist three times per year: first, at the time of the saving resurrection of Jesus Christ our God; a second time at the assumption of the immaculate Mother of God; and a third time at the nativity of Jesus Christ our God; on which days fasting shall be observed. ^D Deficient, however, in children, to enter upon third marriages is a reproach to no one, since it is honest and not worthy of reproach to exercise the rights of paternity. Let it suffice to have discussed these matters regarding third marriages.

3. Neither the first nor the second marriage bed is without its own dangers; for either one ought to be so ordered that

it has no base cause, such as abduction or the corruption of a previous secret defilement, but be done lawfully and in purity from such pollutions and the uncleanness of fornication. If, therefore, anyone, having despised the aforementioned standards, should come together in a first or second marriage, the Church of Christ, pure and without spot or wrinkle, subjecting him to the salutary examinations, will not receive him to the participation of the mysteries before he has exactly fulfilled the time appointed for fornication, unless perhaps the necessity of life demands an urgent departure—that is, until the seventh year is fulfilled. The priest who dares, contrary to the ordained condition, to deem anyone worthy of divine communion before this time, will risk his own rank—evidently by the one deemed worthy contrary to the ordained form of divine communion falling back again into the state of being uncommunicated until the completion of the seventh year. But these scandals, as has been shown, were brought about by those who reigned in the past. Now, however, by the benevolence and grace of the Father, and of the Son, and of the Holy Spirit, and by the intercessions of the all-pure God-bearer, and those of the great commander-in-chief, the serene reign of our God-crowned emperors, Basil and Constantine, has connected and united the priests and monks who had been torn away from ninety years ago for the aforementioned cause and pretext, and has made them one catholic and apostolic Church; whence it is necessary that those who have accomplished such a God-pleasing and noteworthy work be proclaimed and magnified.

Basilian Canons 4, 18, 23, 24, 41, 50, 53, 67, 68, 75, 76, 78, 79, 80

4. Regarding those who are thrice-married and polygamists, he set the same canon as for those twice-married, observing the proportion: a year for those twice-married, others say two years. But they sequester those thrice-married for three, or often four, years. They call this no longer a marriage, but polygamy, or rather a moderated fornication. Wherefore the Lord also said to the Samaritan woman, who had had five husbands in turn, "The one whom you now have is not your husband," as those who have fallen beyond the measure of being twice-married are no longer worthy to be called by the title of husband or wife. Now, indeed, by custom we have received the quinquennial sequestration in the case of those thrice-married, not from the canons, but following those who have preceded us. It is necessary, however, not to keep them entirely from the Church, but to deem them worthy of hearing the word for two or three years; and after these things to allow them to stand [in the assembly], but to abstain from the communion of the Good, and thus, having shown some fruit of repentance, to restore them to the place of communion.

18. Regarding fallen virgins, etc.

23. Concerning those who marry two sisters or those being married to two brothers, an epistle has been issued by us, a copy of which we have sent to your piety. But he who has taken his own brother’s wife will not be received before he separates from her.

24. A widow who has been enrolled in the number of widows—that is, who is provided for by the Church—the Apostle judged to be despised if she marries.

^A As for a man who has been widowed, no law is imposed; the penance for digamy is sufficient for such a person. However, a widow who has reached sixty years of age, if she chooses to live again with a man, shall not be deemed worthy of the communion of the good until she ceases from the passion of uncleanness. If, however, we have enrolled her before she was sixty, the fault is ours, not the woman’s.

41. A woman who has power over herself in widowhood may live with a man without reproach, if there is no one who might dissolve the union, since the Apostle says: "If her husband be dead, she is at liberty to be married to whom she will; only in the Lord." 9

50. There is no law of trigamy, so a third marriage is not contracted by law; but such things we view as stains upon the Church. We do not, however, subject them to public condemnations, as they are preferable to the unbridled fornication.

53. A widow who has been a servant has not greatly sinned by choosing a second marriage in the guise of abduction, so she should not be accused on this account; for it is not the outward forms that are judged, but the intention. It is clear, however, that the penance for digamy remains for her.

67. Incest with a sister shall perform the time of a homicide.

68. The establishment of a marriage within prohibited degrees of kinship, if it is discovered to have been committed in sin, shall receive the penances of adulterers.

75. He who has been defiled with his own sister by his father or by his mother, etc., as on page 806.

76. The same rule applies also to those who take their own daughters-in-law.

78. The same rule shall also apply to those who take two sisters into marriage, even if at different times.

79. Those who rage for their own stepmothers are subject to the same canon as those who rage for their own sisters.

80. The Fathers passed over polygamy in silence, as being bestial and altogether alien to the human race; but to us it appears that this sin is greater than fornication. Therefore, it is appropriate that they be subjected to the canons, namely, that after having spent a year among the mourners, and three among the hearers, and three among those who prostrate themselves, they should thus be received.

From the same, from his letter to Diodorus of Tarsus, regarding those who marry two sisters, or women who are married to two brothers.

Letters came to us bearing the inscription of Diodorus, etc., as on page 455.

From the letter of Theophilus, Archbishop of Alexandria, to Agathon.

Maximus asserts that, ignorant of the laws of the Church, he had been joined in an unlawful marriage; and because it troubles him that he is barred from communion, he declared that, since he did the unlawful thing in ignorance, he would abstain by mutual consent from that unlawful union, with her also consenting to this. If, therefore, you confirm that they are doing this by consent, and are not deceiving, [since—]

the time is decennial; if you consider them to be obliged to associate with the catechumens, then dispense them in this way. But if you see that they desire to deceive, and that there is still need for severity in their case, which God suggests to you, do this, always being guided by what is appropriate; for being present in those places, you are able to know their minds better than anyone else.

The civil law does not punish a second or multiple marriage, but it brings upon parents who marry a second time, while they have children from a previous union, a loss of profits, concerning which the 9th title of the 5th book of the Code and the Novella on marriages treat at length. ^B Moreover, a woman is compelled on account of the commingling of blood to observe a year of mourning, that is, one year, on account of the confusion of offspring; this does not apply to a man. Therefore, she who marries before the completion of the year after the death of her husband is rendered infamous, and can no longer give to the second husband, or leave by will, more than a third of her estate; and she herself shall have nothing from an inheritance, or legacy, or gift; but these are taken by the heirs of him who left the estate. And if the first husband left her anything, the ten persons—ascending, descending, and collateral—take it according to rank, up to the second degree; from an intestate inheritance, one succeeds to her relatives only up to the third degree, and she is deprived of every dignity and of whatever came to her from the first husband by pretext of betrothal or by the will of the deceased; if none of the aforementioned ten persons is found, place ^C to the fiscus. Nor does she enjoy the dowry propter nuptias. But if she was also written as an heir, if it was in part, her portion remains with the co-heirs; if she was written alone, the inheritance goes to those who succeed ab intestato. But the infamy is dissolved if she herself offers petitions to the emperor and he grants that favor. But if children to her from a previous union survive, she will not otherwise obtain such favor, nor will she be freed from other penalties and infamy, unless she donates to the children, by use and ownership, the substance she possessed when she remarried, as in book 5 of the Code, title 9, constitutions 1 and 2, and in the Novella on marriages. There is also, however, a way to marry within the year of mourning without danger and without penalty, that is, by order; and when she gives birth within the year of mourning, as in book 3 of the Digest, title 2, [digests] 10 and 11. Concerning illicit and forbidden marriages, book 5 of the Code, titles 5, 6, and 7, and book 23, title 2, of the Digest, [digests] 38, 51, 55, and 67, treat of them.

CAP. III. — On women who think their husbands have died, and marry.

Concilii œcumenici VI canon 93.

93. A wife who cohabits with another, the husband having departed and being ^D nowhere to be found, before she is certain of his death, commits adultery. Similarly, the wives of soldiers who have married while their husbands were missing, are under the same

reasoning, just as those who do not wait for the return of their husbands due to their long absence; yet the matter here carries some pardon, because there is greater suspicion of his death. ^B But she who, while her husband was away for a time, married another through ignorance, and was subsequently dismissed because the previous husband reached her, has indeed committed fornication, but through ignorance; she shall not be barred from marriage, though it is better if she remains as she is. But if, sometime after a long period, the soldier returns, whose wife has been joined to another man because of his long absence, if he wishes, he may take back his own wife, with pardon being granted to her because of her ignorance, and to the man who took her into his home in a second marriage.

Basilian canons 31, 36, 46. 31. She who has cohabited with another while her husband has departed and is nowhere to be found, before she is certain of his death, commits adultery. 36. Wives of soldiers who have married while their husbands were missing, are under the same reasoning as those who do not wait for the return of their husbands due to their long absence; yet the matter here admits some pardon, because there is greater suspicion of his death. 46. She who, being left for a time by her husband, has married through ignorance, and is then dismissed because the previous husband has returned to her, has indeed committed fornication, but through ignorance; she shall not be barred from marriage, but it is better if she remains as she is.

The Novel 117, which discusses ^C cases of divorce, states: If a soldier, a scholar, a foederatus, or any other person in the armed forces spends any number of years on expeditions, his wife should wait for him, even if she receives no letters or response from him. If, however, she hears that he has passed away, she must not marry until she has first questioned the priors of the unit in which he serves, and the chartularies and the tribune, either by herself, or through her parents, or another trustworthy person, as to whether he is truly dead. They must, with the holy Gospels set before them, declare him dead and record the proceedings in a formal instrument. ^D The woman shall take this document, and after receiving it, she must wait one year, and then she may marry lawfully. If she marries against this prescription, both she and the man who took her shall be punished as adulterers. But if those who gave the testimony are proven to have lied, they shall be dismissed from the military and shall pay a fine of ten pounds of gold to the person whom they claimed was dead; and that person has the right, if he wishes, to take back his wife. If the man was a scholar, the said deposition must be made by the priors of the school and the actuary; if a foederatus, by his own option.

CAP. IV. — Of those who divorce.

Council of Carthage, canon 102.

102. It has been decided that, according to the evangelical and apostolic discipline, neither the husband dismissed by his wife, nor the wife dismissed by her husband, should join themselves to another; but let them remain as they are, or else be reconciled to one another. But if they despise this, let them be brought to repentance. In which matter, it is necessary to request that an imperial law be promulgated. ^A

Council of the Sixth Ecumenical [Council], canon 87.

Basilian canons 9, 35, 48, 77.

she has gone to another man. He who has been left is worthy of pardon, and she who lives with such a one is not condemned. If, however, the husband who has departed from his wife has gone to another, he himself is also an adulterer, because he causes her to commit adultery; and she who lives with him is an adulteress, because she has drawn another man’s husband to herself.

35. Regarding/^A the husband left behind by his wife, one must consider the cause of the separation; and if it appears that she departed without reason, he is worthy of pardon, but she of a penalty. Pardon, however, shall be granted to him so that he may communicate with the Church.

48. She who has been left by her husband, according to my opinion, ought to remain unmarried. For if the Lord said: *If anyone leaves his wife, except for the cause of fornication, he makes her commit adultery* (Matt. v, 32), by calling her an adulteress, He has precluded her from communion with another. For how can the husband be held responsible as the cause of adultery, while the wife remains blameless, she whom the Lord has called an adulteress because of her association with another man? ^B

77. Whoever leaves the wife lawfully joined to him and takes another, according to the sentence of the Lord, is subject to the judgment of adultery. But it has been decreed by the canons of our Fathers that such persons should weep for one year, hear for two years, be prostrate for three years, and in the seventh stand with the faithful, and thus be deemed worthy of the oblation, if they have done penance with tears. ^C

On the Dissolution of Marriage

The law gives a bill of divorce for every cause, but Christ not for every cause, but only permits separation from an adulterous wife. The same must be said below regarding those things related from the laws concerning concubinage.

^A If, against the imperial majesty, any person should plan conspiracy, or being aware of such by others, does not reveal it to the throne by himself or through another; if in any way whatsoever he should plot against her life, or being aware of such by others, does not reveal it to her and strive to bring a legal action according to the laws; if, with respect to her chastity, he should strive to plot so that she might be defiled by adultery; if the husband, having accused her of adultery, fails to prove it: in this case, the husband is not only deprived of the donation before marriage, but also suffers the loss of another third of his other property; and he undergoes the penalties which the wife would have suffered had she been condemned. If another woman lives in the same house or in the same city, and being reminded of this by the wife or by someone else, he does not desist: even in this case, the wife gains another portion of the donation before marriage, while he retains the ownership [of the donation] for the children born of the marriage. If, therefore, the husband sends a bill of divorce without these reasons, he loses the donation and another third of it. But if the wife sends an unreasonable bill of divorce, she loses her dowry, and furthermore, she is committed to a monastery for the duration of her life, and her property is divided: the children receive eight ounces, and the monastery receives four. If there are no children but there are parents who do not agree to the divorce, they receive four ounces, and the monastery receives eight. If, however, they consented, the monastery receives the entire estate. It is possible to say these things also in the case of a husband who divorces unreasonably, according to the 117th Novel, which says that the penalties for unreasonable divorces are equal, and that the husband is similarly liable to the penalties established against the wife. ^B The marriage is dissolved without penalty if the husband, for three years after the beginning of the marriage, is unable to have intercourse with his wife, and because of entering a monastery, or if the husband becomes a prisoner of war and it remains unknown for five years whether he is alive.

Regarding the dissolution of marriage by mutual consent as agreed upon, it was spoken of formerly; but it was abolished by the aforementioned 117th Novel, yet later it was renewed by Justinian the Emperor. And the husband who unreasonably casts out a wife who brought no dowry gives her a fourth of his pure property; but if it happens that there are more than three children, she does not receive a fourth but the proportion of one child. ^C The amount given to her cannot exceed one hundred pounds of gold. However, the woman who brought no dowry is not subject to these provisions if she leaves the husband unreasonably, as the same 117th Novel [states].

So unimpeded is the dissolution of marriages that it is stated in Book 45, Title 1, Law 15, that if one of those living together agrees to a penalty in the event that the marriage is dissolved through his fault, it is not valid. For the penalty specified by the law in such cases is sufficient; unless, perhaps, the stipulation also contains as much. And Law 134 of the same title says that one does not rightly stipulate a penalty from someone if she does not marry me, nor likewise that which ^D

concerns a woman making a stipulation to her husband. And Book VIII of the Code, title 38, Constitution 2 states that it is invalid for anyone to contract that it shall not be lawful for him to divorce, and the penalty stipulated for this is void. ^A

Chapter V. On fornication, adultery, defilement, and sodomy.

Apostolic Canon 61. 60. If any accusation of fornication, or adultery, or any other prohibited action is brought against a believer, and he is convicted, let him not be promoted to the clergy.

Council of Ancyra, Canon 20. 20. If someone's wife has committed adultery, or if he has committed adultery, it is fitting for him to attain that which is perfect in seven years, according to the advancing degrees.

Council of Neocaesarea, Canon 8. 8. If the wife of a layman, etc. (see p. 555).

Sixth Ecumenical Council, canons 86, 87, 98. 86. As to those who in the decline of their souls, etc. (see p. 751). 87. She who has abandoned her husband is an adulteress, etc. (see p. 906). 98. He who takes to wife a woman betrothed to another, etc. (see p. 894).

Canons of Basil 7, 18, 21, 22, 25, 26, 30, 34, 37, 39, 49, 58, 59, 62, 77. 7. Those who commit sodomy and bestiality, as well as murderers, poisoners, adulterers, and idolaters, are held worthy of the same condemnation. Therefore, keep the same form that you have for the others, and observe it for these as well. Indeed, as for those who have done penance for thirty years for the impurity which they committed in ignorance, we ought not even to hesitate to receive them. For both ignorance makes them worthy of pardon, and their voluntary confession, and the length of time that has passed; for they were given over ^B to Satan for almost their whole human life, so that they might learn not to act shamefully. Therefore, command that they be received now without delay, especially if they have tears that move your mercy, and show a life worthy of compassion.

18. Concerning fallen virgins, etc. (see p. 858). 21. If a man living with his wife, later not being content with marriage, falls into fornication, we judge such a one a fornicator, and we extend the penances imposed upon him longer; yet we do not have a canon to subject him to the charge of adultery if the sin is committed with someone who is free from marriage. This is because, it says, the polluted adulteress shall be polluted, and she shall not return to her husband; and, He who keeps an adulteress is foolish and impious. ^C But he who has committed fornication shall not be excluded from cohabitation with his own wife. Therefore, the wife shall receive her husband returning from fornication, but the man shall cast the defiled woman out of his own house; and ^D

the reason for this is not easy, but custom has prevailed thus. ^A

22. Those who take women by abduction, if they have been betrothed to others and are carried off, they must not be received until they have been taken from them and returned to the power of those to whom they were betrothed from the beginning, so that they may decide whether they wish to take them or to refrain. But if anyone takes a woman who is unattached, she must be taken away and restored to her own people; and one must defer to the judgment of her people, whether they are her parents, or brothers, or anyone else who serves as a guardian for the maiden. And if they choose to surrender her to him, the cohabitation may be established; but if they refuse, he must not use force. Whoever holds a woman through a corruption (whether clandestine or violent) must necessarily acknowledge the penalty for fornication. ^B The penalty for those who commit fornication is set at four years. In the first year, they must be expelled from prayers and wail at the doors of the church; in the second, they are to be admitted to hearing; in the third, to repentance; in the fourth, to stand with the people while abstaining from the offering; then they are to be permitted the communion of the good.

25. He who retains a woman corrupted by himself as his wife shall undergo the penalty for the corruption, but he shall be permitted to keep the woman.

26. Fornication is not marriage, nor even the beginning of marriage; therefore, if it is possible for those who are joined in fornication to be separated, this is best. If, however, they are content with the cohabitation in every way, let them acknowledge the penalty for fornication; but let them by no means be separated, so that nothing worse may happen. ^C

30. Regarding those who abduct, we do not have an ancient canon, but we have made our own judgment: both they and those who abduct along with them shall be outside the prayers for three years. But that which is done without violence is not liable to penalty, provided that neither corruption nor theft precedes the matter. A widow is in her own power, and the authority to follow is hers; therefore, we must have no concern for pretenses.

34. Regarding those who have been adulterated and who confess, etc.

37. He who marries after taking away another’s wife shall be accused for the first adultery; on the second, he shall be held unaccountable. ^D

39. She who lives with an adulterer is an adulteress for all time.

49. Defilements that occur by constraint shall be unaccountable; thus, even if a slave-girl is violated by her own master, she is unaccountable.

58. He who has committed adultery shall be debarred from the sacraments for fifteen years: four years wailing, five years hearing, four years prostrate, and two years standing without communion.

59. A fornicator shall be debarred from the sacraments for seven years: two years wailing, two years hearing, two years prostrate, and one year standing; only in the eighth year shall he be admitted to communion.

^A 62. Whoever has committed indecency with men, the time of the one living in adultery unlawfully shall be managed.

77. He who leaves, etc., p. 907. Of Gregory of Nyssa, ch. 3. Of those sins which are committed for desire and pleasure, etc., as on p. 807.

Text. The law treats of defilement, adultery, and sodomy, in Book IX of the Code, tit. 9, and Book XLVIII, title 5, imposing capital punishment upon those who transgress in these matters. Where it is stated that the accusation of adultery is brought not only for the defilement of a lawful wife, but also in the case of an unstable and illicit marriage, and betrothal, and concubinage.

Text. Furthermore, fornication is not praised by civil law, yet it is not prohibited. Indeed, it is stated in Book XII, tit. 5, const. 4, that what is given to a harlot is not returned; for since she is a harlot, it is not disgraceful to receive her, even if it is disgraceful to be a harlot. And Book XXXIX, tit. 5, const. 6, that a gift is rightly made even for a dishonest cause, such as to a harlot, and it is valid. And Book XLVIII, tit. 2, const. 39, that he who has abducted or hidden another’s female slave who is a harlot, is not held as a kidnapper, nor as a thief; for he did not do this for the sake of theft, but for the sake of pleasure. For if someone breaks the doors, and others enter, not brought in by him, and steal her property, ^B he is not held as a thief.

Text. It also says in Book XXXVIII, title 8, that those born of fornication succeed not only to their mother, but also to their maternal relatives, and are succeeded by them. However, a noblewoman who has legitimate children and children born of fornication, can provide nothing to those born of fornication, neither while she lives nor when she dies, as Book VI of the Code, tit. 57, const. 5, hands down. Moreover, one born of fornication is not even said to have a father, as Book I, tit. 23. Yet concubinage is legal, and we are able to have as concubines women without scandal, with whom illicit acts are not committed: such as the concubine of one’s own father or grandfather, or the daughter of one’s own sister, as Book XXV, tit. 7, and Book XXIII, tit. 2, const. 55, and Book XLVIII, tit. 3, const. 11 teach. But in concubinage there can be freedwomen, and freeborn women of obscure station. Whoever keeps a freeborn and honorable woman in concubinage ^C ought to make a formal deposition regarding this; otherwise, he is deemed to have her as a wife; or if he refuses this, he commits defilement with her, for the name of concubinate is recognized by the laws; whence it is said in Book VI of the Code, tit. 67, const. 5, that a free woman who is lawfully in concubinage with a free man, shall have the children born from such a union as heirs along with the legitimate children. In short, the law in the Code and the Novels contains many things regarding those born of concubines—that is, illegitimate and natural children—teaching who they are, and how they can become legitimate to their father, and when and how much they can receive of the father’s property. ^D

^A We are able to have slaves as concubines. For it is said in Book 6, Title 5, Constitution 4, that if a woman who has cohabited with her master as a concubine until his death—having no legal wife—is taken, together with her children, into a status of social standing, she receives the *peculium* which she had at the death of the master according to the legal measure. And the children, or the heirs, or the relatives of the deceased have no paternal right over her. And Book 7 of the same Code, Title 15, Constitution 3, says that he who has had a slave as a concubine until his death can, while he is still alive, do what he wishes concerning her and those who have naturally been born of her, and in his last will bequeath her to another, or expressly to his heir. But if he should die having said nothing, she and those who were naturally born of her are snatched into freedom—provided that the deceased did not have a legal wife. ^B For he who has a legal wife cannot keep either a free woman or a slave as a concubine. And an accusation of adultery is also brought for the defilement of a concubine, as in Book 48, Title 5, Digest 12 and 13. A concubine is she who lives lawfully with someone without marriage, while a woman of lesser standing is called a bedfellow (*parakoitis*), as in Book 50, Title 12, Digest 144.

CAP. VI. — What if a layman’s wife is an adulteress.

Council of Neocaesarea, canon 8. 8. If the wife of a layman commits adultery, etc. Read what is noted in Chapter 32, Title 1, of the present work.

CAP. VII. — Concerning defilement, and the marriage of a widow, and who is called a widow.

CAP. VIII. — Concerning those who abduct women for the sake of marriage, or who commit violent defilement upon virgins, and concerning their accomplices.

30. Regarding those who abduct: we have no ancient canon, etc. 53. The slave widow, etc. Read what is written in chapter 30 of title 9 of this present work.

CAP. IX. — Of those who marry against the will of their own parents or masters.

CAP. X. — Of women who destroy their offspring conceived from fornication.

measure of ten years; yet to define this cure not by time, but by the mode of repentance.

8. ^A He who has used an axe in a fit of rage against his wife is a murderer. You have rightly admonished me, and as your wisdom deserved, that I should speak more fully of these things, because there are many distinctions between voluntary and involuntary acts. For it is entirely involuntary, and removed from the intent of the one who began it, for a stone thrown at a dog or a tree to hit a man. ^B For the impulse was to drive off the beast or to shake down fruit, but the passer-by who happened to be there met the blow spontaneously; hence such an act is involuntary. Yet it is also involuntary if someone, wishing to castigate another, strikes him not harshly with a strap or a stick, and the one being struck dies; for the intent here is regarded, that he wished to correct the sinner, not to kill him. That is also reckoned among the involuntary acts when, in a fight, someone pushing another with a stick or a hand, without sparing, directs the blow against vital parts so as to injure him, but not to kill him entirely. But this already approaches the voluntary; for he who has used such an instrument for defense, or who did not strike the blow with restraint, is clearly shown to have failed to spare the man because he was overcome by his passion. ^C Likewise, he who has used a heavy stick or a stone larger than human strength can manage is counted among the involuntary, as one who intended one thing but did another; for because of his rage he dealt such a blow that he even killed the one struck, although perhaps his intention was to crush him, but not altogether to destroy him. But he who has used a sword, or anything whatever of that sort, has no excuse; and especially he who has thrown an axe. For it appears he did not even strike by hand, so that the measure of the blow might be under his control, but he threw it; so that by the weight of the iron, and the edge, and the force from a distance, the blow necessarily became lethal. Furthermore, it is entirely voluntary and without any doubt when it is done by robbers and in warlike incursions; for these men kill for the sake of money, avoiding detection. And those who in wars go to commit murder do not intend to frighten, nor to discipline, but openly propose to kill their opponents. And yet, even if for some other meddlesome reason someone should mix a drug and kill, we consider this voluntary; as women often do, who with certain incantations and amulets try to draw some men to their own love, and give them drugs that cast darkness upon the mind. ^D These women, if they kill, even if they intended one thing and did another, are nevertheless reckoned among voluntary murderers because of the meddlesome and forbidden nature of the pursuit. And so, those who provide drugs that cause abortion are murderers, both they themselves and those who receive the poisons that kill the fetus. These things, then, up to this point.

52. She who has neglected [the care of] a fetus on the way, if she despised it when she was able to save it, or thinking that from this she would conceal the sin, or with a beast-like and inhuman...

^A thought, let her be judged as in a case of homicide; but if she was unable to preserve it, and the child perished due to isolation and the lack of necessities, the mother is to be pardoned.

It is stated in Book 47, Title 11, Edict 4, that she who intentionally induces an abortion is temporarily exiled. The same is stated in Book 48, Title 8, Edict 8. And in Edict 39, Title 19 of Book 48, it is said that she who has driven away the child for money is punished with capital punishment; but she who, after a divorce, has done this out of hatred for her husband, is sentenced to temporary exile. And in Edict 38 of the same title, it is stated that he who has administered a potion for abortion, if he is of low status, is condemned to the mines; if he is of high status, he is exiled with the partial confiscation of his goods. If, however, someone is killed thereby, the supreme punishment is inflicted. [And] these things [apply] even if the abortion medication was given without intent to harm.

Cap. XI. — Concerning those who revile marriage, meat, and wine.

Apostolic Canon 51 [50]. If any bishop or presbyter, etc., as in page 731.

Canons of the Council of Gangra 1, 2, 4, 9, 10. 1. If anyone reviles marriage, and ^B abhors or finds fault with a woman who is faithful and devout, and sleeps with her husband, as if she could not enter the kingdom of God, let him be anathema. 2. If anyone condemns one who eats meat, except for meat with blood, or meat offered to idols, or strangled meat, [but eats] it with piety and faith, as if by partaking of it he has no hope, let him be anathema. 4. If anyone judges against a married presbyter, [contending] that it is not fitting to communicate in the oblation when he celebrates, let him be anathema. 9. If anyone practices virginity or abstinence, withdrawing from marriage as from something abominable, and not on account of the beauty and holiness of virginity itself, let him be anathema. 10. If any of those who remain virgins for the sake of the Lord should act insolently toward those who have married, let him be anathema.

Canons of Basil 28, 85. 28. That, however, seemed ridiculous, that someone should vow to abstain from swine's flesh. Wherefore, deign to teach them to abstain from foolish vows and promises; but allow that the use is indifferent. For no creature of God is to be rejected, which is received with thanksgiving (I Tim. IV, 4). Wherefore, the vow is ridiculous, and the abstinence is not necessary. 85. To the elegant Encratites, in regard to their solemn problem, "Why do we not eat all things?" let this answer be given: that we also avoid our own excrement. For as far as dignity is concerned, meat is [the same as] the herbs of the field to us; but according to the discernment of what is beneficial, just as we separate the harmful from the healthful in herbs, so too in meat...

for hemlock is an herb, just as vulture flesh is meat; but nevertheless, no one in his right mind would eat henbane, nor would he touch dog meat, unless a great necessity forced him; and he who eats it in such a case does not sin.

CAP. XII. — Concerning the laity who mutilate themselves.

CAP. XIII. — Concerning the laity who eat things sacrificed to idols, or meat with blood, or things strangled, or things caught by wild beasts, or carrion.

Gregory Thaumaturgus, from the canon concerning those who eat things sacrificed to idols, canon 1. 1. Food does not weigh upon us, holy father, ^C if the captives ate these things which their masters set before them; especially since there is one report among all, that the Barbarians who made incursions into our regions did not sacrifice to idols. But the Apostle says: "Food is for the stomach, and the stomach for food; but God will destroy both it and them." [1 Cor. vi, 13]. But the Savior also, purifying all foods, says: "Not that which enters," he says, "defiles a man, but that which comes out" [Matt. xv, 11].

Basil, canon 81. 81. Since many in the incursion of the Barbarians violated the faith in God, ^D swearing heathen oaths and tasting of certain abominable things which were offered to them in the magical temples of the idols, these are to be dealt with according to the canons already issued by our Fathers. For those who endured great violence through tortures and, not bearing the pains, were dragged to denial, let them not be received for three years, and [let them] hear for two, and when they have been in subjection for three years, thus let them be admitted to communion. But those who, without great violence, betrayed the faith in God, and touched the table of demons, and swore heathenish oaths, let them indeed be cast out for three years, [and] let them listen for two years; but when they have prayed for three years in the state of prostration,

they shall thus be admitted to the communion ^A of the good.

CAP. XIV. — Concerning a layman who reviles the king.

CAP. XV. — Concerning the orthodox receiving blessings from heretics or Jews, or communicating in the feasts of the Jews. And that one should not refrain from work on the Sabbath, but if possible on the Lord’s Day. And concerning those who pray in the monasteries or churches of heretics.

*Concilii Carthaginensis* canon 60.

Concerning the banquets of the pagans.

it is a shame even to say it—they perform wicked dances in the fields and public squares, so that the honor of matrons and the modesty of countless women, who come devoutly to the holy day, is attacked by wanton insults, so that the approach to the very holy religion itself is almost fled from. Read what is written in chapter 15 of title 3 of this present collection, and chapter 4 of title 7.

CHAPTER XVI. Concerning laymen who seek to ensure that the clergy of monasteries, poorhouses, and martyrs' shrines are not under the authority of the bishops in the cities.

CHAPTER XVII. Concerning laymen who adhere to presbyters who are separated or schismatic, and who set up altars without the permission of their own bishops.

CHAPTER XVIII. Concerning perjurers, and when it happens that those swearing do not swear rightly.

29. That men endowed with power swear that they will do evil to those over whom they preside, this it is most necessary to remedy. Now the remedy for them is twofold: first, that they be taught not to swear readily; second, that they do not persist in wicked resolves. Therefore, if someone has been preempted by an oath to do harm to another, let him show repentance for the rashness of the oath, but let him not, under the pretext of piety, confirm his own wickedness. For it did not profit Herod that he kept his oath, he who, in order not to be a perjurer, became the murderer of the prophet 29. While a total ban on swearing is decreed 30, it is much more consistent that what is interposed for evil should be condemned. Therefore, he who has sworn ought to change his intention, not make it his aim to confirm his own impiety. For consider more broadly the absurdity. If someone were to swear that he would gouge out a brother's eyes, is it noble for that person to bring such an oath to completion? Or if one swears he will commit murder? Or if one swears he will violate any commandment at all? For I have sworn and have determined not to commit sin, but to keep the judgments of thy righteousness 31. For just as a commandment must be confirmed with unchangeable resolves, so it is fitting that sin be utterly nullified and done away with.

64. The perjurer shall not be in communion for ten years: weeping for two years, listening for three, prostrate for four, and standing for one only; and then he shall be deemed worthy of communion.

82. And concerning those who have sworn falsely, etc. It is said concerning perjurers in Book XII, Title 2, and Book IV, Title 1. The general statement desires that [one] should not inquire into perjury, yet there are certain exceptions. For it is said in Book XII, Title 2, Digest 31, that in doubtful cases the judge is accustomed to tender an oath and thus to pass judgment. If, therefore, [a person] condemned in this manner says afterwards that he has found documents and wishes to make use of them alone, ^B he moves [the case] from the beginning; but if his adversary tenders the oath, the matter is not reviewed.

There is, however, to be found in Book IV of the Code, Title 1, Constitution 13, that an oath taken through the tendering of the adversary may be retracted; for it says: If anyone should demand a legacy, while the testament is not appearing, and should swear at the tender of the heir that it is owed to him, and should receive it: but if afterwards, when the testament is found, it is discovered that nothing had been left to him, or that something had been left indeed, but that because of the Falcidian [portion] he ought not to have received the whole, he gives it back.

The 120th Novella, also, which deals with the purity of judicial oaths, gives permission within four months for a matter to be reviewed—that is, for the falsehood of the one who swore to be exposed. And it is said in Book XII, Title 2, Digest 13, that he who has sworn concerning money matters by the Emperor, and has perchance sworn falsely—either that he does not owe, or that it is owed to him, or that he will give it within a set time, and has not done so—is beaten with rods. In Book II of the Code, Title 4, Constitution 41: He who, being of age, violates a transaction completed by his own free will by swearing by God or by the Emperor, by petitioning the Emperor or magistrates, or by not doing what was agreed upon, is marked with infamy, falls from his action, and loses those things which he was to gain from the transaction, and in addition gives the established penalty. But those who persist in their agreements take everything. And Constitution 42: If a pact or transaction has been entered into based on false instruments, although an oath has been ^C interposed, it is overturned, even if the forgery has been investigated in a civil manner, unless a transaction has been made concerning that very matter.

And in Book IV of the Code, Title 1, Constitution 2: Even if someone, owing to a certain heat, swears falsely by the salvation of the Emperor, he is not punished, nor is he held for the crime of high treason. And in Book IX of the Code, Title 8, Constitution 2: He who has sworn that he will always be angry with his own slave is not held for the crime of high treason if he lays aside his anger. But it says also in Book II, Title 14, Digest 7, that it is not permitted to pact or to bequeath against common law. And if anyone should swear not to take action concerning these matters, it is not valid. ^D The Novella concerning stage players says that stage players, even if they have sworn that they will never desist from fornication, may withdraw from it, not fearing the penalty for perjury. And it adds by way of rule that in shameful matters one ought not to keep an oath.

CHAPTER XIX. — On those who swear oaths and swear in the Hellenic manner.

^A Concilii œcumenici VI, canon 94. The canon subjects those who swear by the sacraments of the Gentiles to penance, and we likewise decree excommunication for them.

Basilii canon 81. [81.] Concerning those who are in the incursions of the Barbarians, etc., as on page 926.

Textus. In Dig. 5, tit. 2, lib. XII, [it] is stated: I rightly refer it to you, that you should swear by your own salvation. For every lawful oath rendered from a delation is kept. Likewise, that which one has sworn by his own religion is not kept.

Chapter 20. — On apostates, those who sacrifice, magicians, enchanters, astrologers, mathematicians, diviners, and amulets.

^B Apostolorum canon 62 [61]. [62]. If any cleric, through human fear, etc., as on page 746.

Concilii Nicæni canones 11, 12. 11. De iis, qui sine necessitate, etc., as on page 798. 12. Those who are called by grace, etc., as on page 731.

Concilii Ancyrani canones 3, 4, 5, 6, 8, 9, 12, 24. 3. Concerning those who flee and are arrested, etc., as on page 758. 4. Concerning those who sacrificed by force, etc., as on page 799. 5. Those who approached with mournful attire, etc., as on page 799. 6. Concerning those who yielded only to the threat of punishment, etc., as on page 799. 8. Those who sacrificed a second and third time, etc., as on page 802. 9. Those who not only fell away, etc., as on page 802. 12. Regarding those who sacrificed before baptism and were baptized after this, it has seemed good for them to be promoted in rank, as persons who have been washed. 24. Those who consult with diviners, and follow the customs of the nations, or bring some into their houses for the discovery of witchcrafts or for cleansing, let them fall under the canon of five years, according to the appointed grades: three years of prostration, and two years of prayer without oblation.

Concilii Laodiceni canon 36. 36. That it is not permitted for priests to be magicians, etc., as on page 734.

Concilii Carthaginensis canon 45. Concerning the sick and those unable to answer for themselves. 45. That the sick, if they are able to answer for themselves, etc., as on page 619.

Concilii œcumenici VI, canones 61, 65. 61. Those who give themselves over to diviners, or to so-called hecatontarchs [centurions], or to any such persons, as though by their

^A arts they might learn whatever they wish to be revealed to them, shall fall under the six-year canon 34, according to what was formerly decreed regarding them by the Fathers. And those who lead about bears or similar animals for the amusement and harm of the simple-minded, and who prattle of fortune, fate, genealogy, and a crowd of such words, according to the nonsense of deceit, as well as those who are called expellers of clouds, enchanters, providers of amulets, and soothsayers, must likewise be subjected to this same penance. But those who persist in these things, and do not turn away and flee from such ruinous and Hellenic practices, we decree shall be entirely expelled from the Church, even as the sacred canons declare. For what fellowship has light with darkness, as the Apostle says, or what harmony has the temple of God with idols, or what part has a believer with an unbeliever? And what concord and agreement has Christ with ^B Belial? 33

65. We decree that the fires which some are accustomed to kindle before their workshops and houses at the new moons, over which they also foolishly and mindlessly leap according to an ancient custom, shall henceforth cease. Therefore, whoever does any such thing, if he be a cleric, let him be deposed; but if a layman, let him be excommunicated 444. For it is written in the fourth book of Kings: And Manasseh built an altar to all the host of heaven in the two courts of the house of the Lord, and he made his sons pass through the fire, and he used lots and auguries and omens, and he made ventriloquists or pythons, and he multiplied diviners, that he might do evil before the Lord, to provoke him to anger 34.

The Canons of the Blessed Peter, Archbishop of Alexandria and Martyr, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, which are found in his discourse on penance

1. Since the fourth Pascha has already overtaken the persecution, it is sufficient for those who have been denounced and cast into prison, and have endured unendurable torments and intolerable scourges and many other grievous necessities, but who were later betrayed by the weakness of the flesh—even if they were not initially received back because of the great fall that followed—nevertheless, because they have struggled much and resisted for a long time, for they did not reach this state willingly, but were betrayed by the weakness of the flesh, and since they show the stigmata of Jesus in their own bodies, and some have already been mourning for the third year: that there be enjoined upon them, from the time of their approach, by way of reminder, another 40 days, which our Lord and Savior Jesus Christ also fasted after He was baptized and was tempted 445 by the devil. In these [days], they themselves, having been greatly exercised and having watched more intensely, shall henceforth be vigilant in prayers, meditating upon what was said by the Lord to him who tempts Him, so that he might adore Him: "Get thee behind me, Satan," for it is written:

Thou shalt adore the Lord thy God, and Him only shalt thou serve.

^B 2. But for those who, after being committed to custody and enduring in prison, as if in a siege, grievous afflictions and stench, subsequently became captives without the warfare of tortures, and were broken by excessive lack of strength and a certain blindness, a year added to the other time will suffice; for they themselves also have surrendered their lives to be afflicted for the name of Christ, even if they have received much consolation from the brethren in the prison. These, indeed, they will repay manifold, desiring to be delivered from the most bitter captivity of the devil, remembering especially Him who says: "The Spirit of the Lord is upon me, because of which He has anointed me: He has sent me to evangelize to the poor, to preach liberation to the captives, and recovery of sight to the blind, to send away the broken in forgiveness, to preach the acceptable year of the Lord, and the day of retribution."

^C 3. But for those who have suffered nothing of this kind, nor showed any fruit of faith, but have rather deserted to wickedness, being betrayed by cowardice and fear, and who now come to repentance, it is necessary and fitting to set before them the parable of the unfruitful fig tree, as the Lord says: "A certain man had a fig tree planted in his vineyard; and he came seeking fruit on it, and found none. And he said to the vinedresser, 'Behold, three years have I come seeking fruit on this fig tree, and I find none. Cut it down; why does it even occupy the ground?' But he, answering, says to him, 'Lord, let it alone this year also, until I dig about it and put dung; if it shall bear fruit, well; but if not, in the future you shall cut it down.'" Taking this before their eyes, and showing fruit worthy of repentance, they will be helped all the more within the interval of such a time.

^D 4. For to those who are utterly desperate and impenitent, and who possess the skin of an Ethiopian, which cannot be changed, and the spots of a leopard, there shall be said what was said to the other fig tree: "May there never be fruit from you forever," and therefore it immediately withers away. For in them is fulfilled what was said by Ecclesiastes: "That which is crooked cannot be adorned, and that which is wanting cannot be numbered." For unless what is crooked is first made straight, it is impossible for it to be adorned; and unless what is wanting is first supplied, it is impossible for it to be numbered. Whence also, in the end, there shall befall them what is said by the prophet Isaiah: "And they shall see," he says, "the corpses of the men who have transgressed against me; for their worm shall not die, and their fire shall not be extinguished, and they shall be a spectacle to all flesh." Since, even as was foretold by Him, "the unjust shall fluctuate like a boiling sea, and they shall not be able to find rest. There is no joy for the impious, says God."

^B 5. As for those who feigned, like David, who pretended to be an epileptic that he might not die, though he was not in truth an epileptic; and who did not openly record a denial, but in great straits, like children endowed with counsel and prudence among foolish children, mocked the devices of their enemies—whether they passed by altars, or as those who had signed a document, or as those who had put forward pagans in their own stead—even if some of the confessors, as I have heard, granted them forgiveness, since they had avoided with the greatest caution the act of casting fire with their own hands and offering incense to impure demons; since, therefore, it escaped them that they performed this through ignorance, yet a penance of six months in repentance shall be imposed upon them. For in this way they will be more greatly benefited, meditating on the prophetic word and saying: "A child is born to us, a son is also given to us, whose government is upon his shoulder, and his name is called the Angel of Great Counsel." Which, as you know, in the sixth month of the conception of the other child, who preached repentance for the remission of sins before the coming of Him, He also was conceived to preach repentance. For we hear both of them ^C preaching in the first instance not only of repentance, but also of the kingdom of heaven; which, as we have learned, is within us, by the fact that the word which we believe is near us, in our mouth and in our heart, that Jesus is Christ; believing in our heart that God raised Him from the dead: so that those who hear it may know that "with the heart one believes unto righteousness, and with the mouth confession is made unto salvation."

As for those who have subjected Christian slaves in their place, the slaves, as being under hand and in a way themselves also in the custody of their masters, terrified by threats from them, and having fallen into this through their fear, shall show the works of repentance for one year. Henceforth, learning as slaves of Christ to do the will of God and to fear Him; hearing especially that "whatever good any one does, this he will receive from the Lord, whether he is a slave or free."

^D 7. But the free shall be examined in repentance for three years, both because they dissembled and because they caused their fellow-slaves to sacrifice, as those who have not obeyed the Apostle, who wishes masters to do the same things to their slaves, desisting from threats. "Knowing," he says, "that their Lord and yours is in heaven, and there is no respect of persons with Him." If, then, we all have one Lord, with whom there is no respect of persons; since Christ is all and in all, among Barbarians and Scythians, slaves and free, they ought to consider what they have done, wishing to save their own soul; those who...

^A have drawn our own people into idolatry, who could have escaped it themselves, if they had offered them justice and equality, as the Apostle also says.

8. For those who have been betrayed and have fallen, and who have themselves approached the struggle, confessing they are Christians, and have been thrown into prison with tortures, it is reasonable that we should strengthen and commune with them in everything, in heart-felt rejoicing, in prayers, in the participation of the body and blood of Christ, and in the exhortation of the word, so that those who have struggled more constantly may themselves be deemed worthy of the prize of the upward calling. For it says: "Seven times shall the righteous man fall, and rise again." 18 And if all those who had fallen had done this, they would have shown a most perfect and whole-hearted repentance.

^B 9. Also for those who, as if from sleep, leap forward into the struggle, laboring and intending to pull others in, and bringing temptation upon themselves—a struggle on the sea and a great inundation of waves—or rather, lighting coals of sinners for their brothers, for these also one must commune with them, seeing that they come to this in the name of Christ; even if they do not attend to his words, who teaches us to pray not to enter into temptation 19 and to say to the Father in prayer again, "And lead us not into temptation, but deliver us from the evil one." 20 For perhaps they are also ignorant of the fact that the Master of the house and our Teacher often withdrew from those who wished to plot against him; and that there were times when he did not even walk with boldness ^C because of them; and that when the time of his passion approached, he did not surrender himself, but waited until they came to him with swords and clubs. He says to them: "Are you come out as against a robber with swords and clubs to take me?" 21 And them, he says, they delivered to Pilate. 22 According to his likeness, it also happens to those who walk according to his goal, keeping in mind his divine words, by which, strengthening us concerning persecutions, he says: "Take heed to yourselves; for they will deliver you up to councils, and in their synagogues they will scourge you." 23 They will deliver you, he said, but not "you yourselves will deliver." "And you will be brought before governors and kings for my name's sake," 24 but not "you yourselves will lead." For he wishes us to move from place to place when there are those who persecute us for his name’s sake. As again we hear him saying: ^D "And when they persecute you in this city, flee into the other." 25 For he does not want us to desert to the lackeys and bodyguards of the devil, lest we become the cause of more deaths for them, as if compelling them to become even harsher and to carry out deadly works; but rather to wait and take heed to ourselves, to watch and to pray, that we may not enter into temptation. 26 Thus Stephen, the first to take up the martyrdom following in his footsteps, having been seized in Jerusalem by the lawless ones, and brought into the council, was stoned to death in the name of Christ, glorifying—

^A Him, and saying: "Lord, do not lay this sin to their charge." Thus, James the second, having been seized by Herod, was beheaded with a sword. In this way, Peter, the foremost of the apostles, having been frequently seized, delivered into custody, and treated with ignominy, was finally crucified in Rome. Similarly, the illustrious Paul, having been often delivered up and brought into danger of death, and having suffered many evils and gloried in many persecutions and afflictions, was himself also beheaded with a sword in the same city; he brought to an end his life in those very things in which he had gloried; and [he recounted] how he was let down in a basket by night through the wall in Damascus, and escaped the hands of him who sought to take him. For their primary resolution was to preach the gospel and to teach the word of God, in which they strengthened the brethren to remain in the faith, and they also said this, that "through many afflictions we must enter the kingdom of God." For they sought not their own advantage, but that of the many, that they might be saved; and much could be said to them in this regard, to act according to the word, if, as the Apostle says, the time did not fail us while we ^B told the tale.

10. Therefore, it is not reasonable that those who from the clergy have fled of their own accord, or who have lapsed and struggled in vain, should still remain in the sacred ministry, inasmuch as they have abandoned the flock of the Lord and brought reproach upon themselves—a thing which no one of the apostles did. For when the blessed apostle Paul had endured many persecutions and displayed many prizes of his struggles, knowing that "it is far better to depart and be with Christ," he adds and says: "But to remain in the flesh is more necessary for your sake." For, considering not his own advantage, but that of the many, that they might be saved, he deemed it more necessary than his own rest to remain with the brethren and to take care of them; he who also desires that he who teaches should be in his teaching "an example to the faithful." ^C Whence those who, struggling in prison, have fallen from the ministry and have struggled in vain, are clearly devoid of sense. For how do they seek what they have abandoned, when they could have been useful to their brethren in such a time of storm? As long, therefore, as they remained firm and stable, pardon was granted to them for that which they had done contrary to reason; but when they lapsed, as those who conducted themselves wrongly and brought reproach upon themselves, they can no longer perform the sacred ministries. And therefore, let them rather take care how they may live their lives in humility, ceasing from vainglory. For communion, performed with rigor and precision in both respects, is sufficient for them; and this is so ^D that they may not appear to be affected by resentment—thereby seizing upon the dissolution [of their ministry]—and that no those who have lapsed may find an excuse, as if they were slackened because of the occasion of the punishment; they who, more than all others, will have disgrace and shame, like that man who "laid a foundation and was not able to finish it." For, he says, "All those who pass by will begin to mock him."

^A 11. For those who first rushed forward in the heat of persecution, standing round the judgment seat and observing the holy martyrs hastening toward the prize of the upward calling, were incited by a noble emulation to deliver themselves to this same end, using great boldness. They looked especially upon those who were being subverted and falling away—men because of whom they were inwardly stirred and, as it were, called to combat the adversary who was raising himself up against them. They strove for this, lest any should seem to be prudent according to his own judgment in matters where, through craftiness, he appeared defeated, even if he did not realize that he was being overcome by those who endured the torments of the scrapers and whips, the sharpness of the sword, the burning of the fire, and the drowning in waters. ^B And it is right to give consent to prayers and supplications being made according to faith, whether for those who have been tortured in prison and betrayed by hunger and thirst, or for those outside the prison who were tortured at the judgment seat by scrapers and whips and afterwards were conquered by the weakness of the flesh. For to suffer with and to grieve together with those who lament and groan for those who were conquered in the struggle by the great force of the evil devil—whether for parents, or brothers, or children—harms no one at all. For we know that, through the faith of others, some have attained to the goodness of God, both in the remission of sins, and in health of body, and in the resurrection of the dead. Mindful, therefore, of their many labors and miseries, which they endured in the name of Christ, and of their torments, and not only this, but also that they have repented and mourned for what they did through betrayal, in the weakness and deadness of the body, and furthermore that they have testified that they were strangers to the city in their own lives, we pray together and join in pleading for their reconciliation along with other fitting duties, ^C through Him who is our advocate with the Father, showing himself propitious for our sins. For "if anyone sins," he says, "we have an advocate with the Father, Jesus Christ the righteous, and he himself is the propitiation for our sins."

12. For as for those who have given money so that they might be entirely undisturbed by any evil, no charge can be brought against them; for they sustained the loss and waste of their money lest they should suffer harm to their soul or lose it; something which others did not do, because of shameful greed. And this, although the Lord says: "For what will it profit a man if he shall gain the whole world, yet forfeit or lose his soul?" and that "you cannot serve God and mammon." For in those men it appeared that they were serving God, since they hated, trampled upon, and despised their money; and in this they fulfilled what is written: "The ransom of a man's soul is his own"

^D [index: entries preserved]

^A. For we read also in the Acts of the Apostles that those who were dragged instead of Paul and Silas in Thessalonica before the politarchs were released after much satisfaction had been given; for after they had burdened them much on account of the Name, and had disturbed the crowd and the politarchs, they took, he says, sufficient security from Jason and the rest, and released them; and the brethren immediately sent Paul and Silas away by night to Beroea.

^B The salvation of the soul and those who have withdrawn can be blamed, as if others had been detained on their account. For indeed, in Ephesus, they again seized Gaius and Aristarchus in the theater instead of Paul, who were traveling with Paul, who wished to go to the people; since on his account, who had persuaded and turned a great crowd to the worship of God, a sedition had taken place, and the disciples, he says, would not allow him. Moreover, even some of the Asiarchs, who were his friends, sent to him and urged him not to give himself up to the theater. But if any should persist in contending with those who bring a sincere mind to Him who says, "Diligently save your soul, and do not look behind you" ^C, let Peter, the prince of the apostles, also be brought to their mind, who had already been cast into prison and delivered to four quaternions of soldiers to guard him; who, having fled by night and been saved from the hand of the murderous Herod, and from all the expectation of the people of the Jews, by the command of the angel of the Lord—when day broke, he says, there was no small tumult among the soldiers as to what had become of Peter. Herod, when he had sought him and had not found him, examined the guards and ordered them to be executed, on whose account no blame is attached to Peter; for it was possible for them, once they had seen what had been done, to flee. Just as also all the infants who were in Bethlehem and in all its borders, if their parents had known what was to come, might have escaped from the cruel murderer Herod, by whom they were taken away so that the one infant who was sought by him might perish—who himself also escaped by the command of the angel of God, having already begun quickly to take spoil and quickly to plunder, according to the invocation of the name, just as it is written: "Call his name, quickly take spoil, swiftly plunder; for before the child knows how to call father or mother, he will take the power of Damascus and the spoils of Samaria before the king of the Assyrians" ^D. The Magi, therefore, as already despoiled and vexed by these depredations, worship the infant humbly and suppliantly, opening their treasures and offering to him most opportune and magnificent gifts, gold and frankincense and myrrh, as to a King and God and man; whence they did not wish to return again to the Assyrian king, being forbidden by Providence. For being divinely warned, he says, in a dream not to return to Herod, they departed into their own region by another way. Whence, when the bloodthirsty Herod saw that he had been mocked by the Magi, he was greatly moved. And sending, he says, he killed all the infants who were in

Bethlehem and in all its borders, from two years old and under, according to the time that he had diligently inquired of the Magi. With whom, seeking also to kill another infant born before Him—though he did not find him—he murdered his father, Zacharias, between the temple and the altar, while the child had escaped with his mother, Elizabeth; for which they ^A are in no way reproached.

14. But if any have suffered much violence and necessity, having taken iron into their mouths and bonds, and have remained steadfast in their disposition of faith, and have also endured for their hands to be burned, being led by force to the profane sacrifice—just as the thrice-blessed martyrs from prison wrote to me concerning those in Libya, and other fellow-ministers also—those who, with the testimony of the remaining brethren, can be in the holy ministry ^B set among the confessors; just as those who have been deadened by many torments, and have no longer been able to speak, or to utter a sound, or to be moved to resist those who were applying violence in vain; for they did not consent to their abomination, as I again heard from fellow-ministers. And every one who lives according to Timothy shall be set among the confessors, being also himself obedient to him who says: "But follow after righteousness, godliness, faith, love, patience, gentleness. Fight the good fight of faith, lay hold on eternal life, whereunto thou art also called, and hast confessed the good confession ^C before many witnesses."

Basilian canons 7, 8, 41, 44, 45, 65, 72, 73, 81, 83.

7. Corrupters of men and animals, and murderers, etc. 8. He who [gives himself] to the axe or to anger, etc. 41. She who has power over herself in widowhood, etc. 44. A deaconess who has committed fornication with a Greek is to be admitted to repentance; but she shall be admitted to the oblation in the seventh year, if, that is, she lives in chastity. But a Greek who, after receiving the faith, approaches sacrilege again, returns to his own vomit. And we no longer permit the body of a deaconess, ^D as being consecrated, to be in carnal use. 45. Whoever, having taken the name of Christianity, insults Christ, the appellation profits him nothing. 65. He who confesses sorcery or witchcraft shall undergo the time of a murderer, being dealt with in such a way as one who has convicted himself in that sin. 72. He who gives himself over to diviners or to such like, he also shall be dealt with for the time of murderers. 73. He who has denied Christ, and violated the mystery of salvation...

^A must weep for the whole time of his life and is obliged to make confession; at the time when he departs from life, he is to be deemed worthy of the sacrament, trusting in the philanthropy of God. 81. Since many, in the incursion of the barbarians, etc., as on page 926. 83. Those who consult divination, and follow the customs of the nations, etc., as on page 934.

Gregory of Nyssa, chapters 1 and 2

1. Since these things have been thus examined in the manner mentioned, whatever sins touch the rational part of the soul have been judged by the Fathers to be more grievous and worthy of a greater, more enduring, and more laborious conversion; just as if someone has denied the faith in Christ and has appeared to have defected to Judaism, or to idol-worship, or to Manichaeism, or to any other such kind of impiety. He who has voluntarily rushed into such evil, and then condemns himself, has his whole life as a time for penitence. For never, ^B when the mystical prayer is celebrated, will he be deemed worthy to worship God together with the people, but he shall pray separately; and he shall be entirely alien to the communion of the sacraments; yet at the hour of his departure from life, then he shall be deemed worthy of the portion of the sacrament. But if it happens that he lives beyond expectation, he shall again live under the same judgment, remaining without part in the mystical sacraments until the end of his life. But those who were tortured by agonies and heavy punishments are to be punished for a set time, the holy Fathers having used clemency toward them in such a way as if the soul had not fallen, but bodily weakness had not withstood the tortures. Wherefore, the measure of those who have sinned in fornication, and the transgression forced by pain, was measured in their conversion by the same duration.

2 [3]. Those who go to prestidigitators, or diviners, or those who promise to perform certain purgations and averting rites through demons, ^C these are to be interrogated with precision and examined as to whether, remaining in the faith in Christ, they were driven to that sin by some necessity, when some affliction or intolerable loss had cast that spirit into them; or whether, having entirely neglected the testimony entrusted to us, they had betaken themselves to the fellowship of demons. For if they did that to weaken the faith and so as not to believe that the God worshipped by Christians is God, they shall be subject, of course, to the judgment of apostates. But if some unbearable necessity, having overcome their smallness of soul, led them into this—having been deceived by some false hope—likewise there shall be clemency for them also, ^D after the manner of those who were unable to withstand tortures at the time of their confession.

Read what is annotated in chapter 25, title 9, of the present work.

CHAPTER XXI. — Concerning stage players and mimes and others of this kind, when they repent.

Concilii Carthaginensis canones 46, 63. ^A

Concerning stage players who come to repentance and are converted to the Lord.

46. That to stage players and mimes and other persons of this kind or apostates who come to repentance and are converted to God, grace and absolution should not be denied.

Concerning mimes who have become Christians.

63. It must further be requested concerning these persons that, if anyone should desire to come to the grace of Christianity from any kind of theatrical profession, and to remain free from that stain, it may not be lawful for anyone to persuade or force such a person to engage again in those same exercises.

Concilii œcumenici vi canon 51. ^B

51. This holy and ecumenical synod altogether prohibits the so-called mimes and their spectacles; furthermore, it prohibits the viewing of wild animal hunts [venationes] and dances performed on stage. But if anyone should despise the present canon and abandon himself to any of these forbidden things, if he is a cleric, let him be deposed; but if a layman, let him be excommunicated.

Textus. Constitution 33, title 4, book 1 of the Code, and 123 and 129, title 4, book 5, and 32 and 46, impose great penalties upon procurers and upon those who compel slave girls or free women to associate with mimes ^C or to stand in common in theatres; and they grant them the right to withdraw, and with the intervention of marriage contracts—even among the illustrious, if they can—they grant the power to marry and to be freed from their infamy. Concerning theatrical spectacles and procurers, there is a special title, 41, book 11 of the Code. Furthermore, a stage [scena] is a place where someone stands or moves about, exhibiting a theatrical art, whether in a public or private place, or in a village; into which place, however, people gather indiscriminately for the sake of the spectacle. And infamous are all those who descend into the contest for the sake of gain, and who go onto the stage for the sake of reward. But he who hires himself out to the theatrical art, and does not perform, is not disgraced. And he who hires himself out to fight with beasts is disgraced, unless the beast happens to be a lion that has been made tame. Not so, however, he who fights with beasts without a wage, unless he agreed to receive a fee in the hunt. He who has hired himself out, even if he does not fight with beasts, is disgraced; but not he who receives a wage to fight against ^D a wild beast that is harming the province outside the arena. But the theatrical art is not, nor is it ignominious, the profession of athletes, and of those who recite their works at the Olympics, and of those who compete in the gymnasium, and of the charioteers, and of others who perform in the sacred games, and of those who sprinkle water for the horses, and of the judges of the games. A procurer [leno] is he who makes a base gain from slaves or free persons, whether he conducts this business primarily, or whether under the pretext of another occupation he possesses such persons; as for instance, if a

stable-keeper or a bath-keeper [should be such]. Even one who was a pimp while in servitude is marked with infamy once he has been made free. All these things are to be found in book 3, tit. 1, digest 1; and tit. 2, digest 4; and book 23, tit. 2, digest 48. A pimp also is one who does not dismiss his own wife when she is defiled by adultery, nor indeed one who merely suspects her; as in book 9 of the Code, tit. 9, const. 2.

CAP. XXII. — On spectacles and games.

62. The so-called Calends, and those called Vota, and those termed Brumalia, and the assembly which is performed on the first day of the month of March, we wish to be entirely abolished from the way of life of the faithful: but also the public ^B dances of women, which bring much harm and ruin; and further, the dances and rites performed in the name of those who are falsely called gods among the Greeks, whether by men or women, according to an ancient custom and one alien to the life of Christians, we reject and expel; decreeing that no man from now on shall be clothed in feminine attire, nor a woman in attire suitable to men. But neither shall one put on comic, or satyrical, or tragic masks; neither shall they invoke the name of the detestable Bacchus when they crush the grapes in the winepresses; nor, by pouring out wine into the vats, should they stir up laughter, performing out of ignorance or vanity those things which proceed from the imposture of madness. We therefore command that those who from now on attempt to perform any of these things, when they have come to the knowledge of them, if they are clergymen, be deposed; but if they are laymen, be excommunicated.

65. Concerning those in new moons, etc., as on page 935. 71. Those who are taught the civil laws, that they ought not to follow the customs of the gentiles, nor be led into the theater, nor perform those things which are called cylistrae, nor wear for themselves garments beyond common usage, nor at the time when they begin their studies, or reach the end of them, or, to speak briefly, in the middle of such instruction. If anyone however from now on shall dare to do this, let him be excommunicated.

96. Those who have professed to imitate the manner of life of Christ in the flesh. Those therefore who adorn their hair to the detriment of those who see them, with cunningly devised plaits and

^A arrangements, and by these means provide bait for unsteady souls, we treat with pastoral care through a suitable penance, instructing them and teaching them to live temperately, so that, having abandoned the deception and vanity that arise from matter, they may perpetually transfer their mind to the deathless and blessed life, and in fear keep a pure conduct, and draw near to God as far as is possible through the purification of their life; and so that they may adorn the inner rather than the outer man with virtues, and with good and blameless characters, so as to bear in themselves no remnant of the perversity of the adversary. But if anyone should act contrary to the present canon, let him be excommunicated.

100 ^B "Keep thy heart with all vigilance," Wisdom commands (Prov. IV, 23). For the senses of the body easily pour their own images into the soul. Therefore, we command that pictures which dazzle the eyes—whether on panels or in any other way—and corrupt the mind, and move it toward the kindling of shameful pleasures, shall in no wise be fashioned from henceforth in any place whatsoever. And if anyone should attempt to do this, let him be deposed.

How spectacles are conducted, and how the expense for them is made, and that the governor can for a time divert the expenses of the spectacles toward the repair of walls, is stated in book XI of the Code, titles 41, 42, and 46. Title 43 abolishes the spectacles of the gladiators.

CAP. XXIII. — Concerning thieves, tomb-robbers, and robbers.

Basilian canons 61, 66.

61. If a man who has stolen, on his own accord should repent and accuse himself, he shall be barred only for one year from the communion of the holy things; but if he is convicted, for two years. And the time shall be divided for him into prostration and standing, and then he shall be judged worthy of communion.

66. He who is a tomb-robber shall be without communion for ten years, weeping for two, hearing the scriptures for three, prostrating for four, and standing with the faithful for one; and then he shall be received.

Gregorius Nyssenus, canons 6, 7, 8.

6. The other species of idolatry (for thus does the divine Apostle call covetousness [Ephes. v, 5])—I know not how it has been left unheeded by our Fathers ^C without any remedy of penance; and yet such an evil seems to be an affection of the tripartite constitution of the soul. For the reasoning faculty, straying from the judgment of what is beautiful, imagines that what is good is in matter, not looking up to a beauty separated from matter; and the desire flows towards things below, falling away from what is truly to be sought after; and the contentious and irascible disposition takes many occasions from such a sin. And to speak in general, such a disease agrees with the apostolic definition of covetousness; for the divine Apostle declared it to be not only idolatry, but also the root of all evils. ^D

^A Yet this species of disease is overlooked and left neglected; wherefore this infirmity abounds in the Churches, and no one inquires into those who are being brought to the clergy, lest they might have been defiled by such a kind of idolatry. But as for these matters, since they have been passed over by our Fathers, I think it sufficient to heal the covetous infirmities—like certain diseases resulting from repletion—by the public discourse of doctrine, purifying them through the Word. We consider only theft, the plundering of tombs, and sacrilege as vices, because the tradition has come down to us in this way from the succession of the Fathers; ^B and yet, according to divine Scripture, both excess and usury are among the forbidden things, as well as to acquire for one's own possession the property of others through some power, even if such a thing happens to be done under the pretext of a contract or a transaction. Since, therefore, we are not worthy to attain to the authority of the canons, we shall now add a canonical judgment to what has been said regarding things which are admittedly forbidden. Theft is divided into robbery, or depredation, and house-breaking. The design of both is the same, namely, to take away what belongs to others; but there is a great difference between them in their intentions. For the robber even adopts homicide as an ally to what he is striving to achieve, preparing himself for this very purpose with arms, and forces, and the advantage of location, ^C so that such a man is subject to the judgment of murderers if, through repentance, he returns to the Church of God. But he who usurps another's property by secret removal, if he then manifests his sin through confession to a priest, cures the infirmity by changing his zeal for vice into the opposite; I mean by bestowing what he has upon the poor, so that, in pouring out what he possesses, he openly shows himself free from the disease of avarice. But if he has nothing else except his body alone, the Apostle commands that he cure such a disease through corporal labor. The context of the passage is as follows: "Let him who steals steal no longer; but rather let him labor, working with his hands what is good, that he may have something to give to him who is in need."

7. And the plundering of tombs, etc. 8. And sacrilege, etc.

Read what has been noted in chapter 27, title 9, of the present work. Text: Regarding robbers, it is said in Book 47, title 19, of the Digest, 28: "Those who make assaults for the purpose of plundering are like robbers. ^D And if they do this with iron [weapons], and frequently, and on the roads, they are punished capitally; the others are sent into exile or are deported. As for notorious ones, they are hung on a gallows in the places where they committed robbery, or they fight with beasts." It says something wonderful in Constitution 2, title 18, Book 6 of the Code, that for those who are of the family of robbers, and who have become slaves through imperial generosity or the authority of the fisc, freedom is denied.

CHAPTER XXIV. — That there be no dances or leaping at weddings.

CHAPTER XXV. — That men ought not to be in the bath with women.

CHAPTER XXVI. — Concerning him who mocks the infirm.

CHAPTER XXVII. — That women must not enter the sanctuary, and that it is permitted only to the clergy to communicate at the altar.

CHAPTER XXVIII. — That feasts ought not to be held by contribution.

CHAPTER XXIX. — Concerning dice-players or drunkards.

The first constitution of Title 43, Book 3 of the Code, says that he who has been defeated at dice is not bound [to pay]; and if he has paid, he may recover it from the victor and his heirs perpetually, even after thirty years. But if they do not wish to recover it, then anyone, and especially the father or the defender of the city in which this was done, shall exact it and spend it on the works of the city; and the security given for the gamble is void and shall be returned. If, moreover, anyone also [has played] at dice, in the guise of [representing] lupines...

^A materia, for the sake of sustenance, he is not held liable. Bishops, ^B however, have the faculty of inquiring into this with the aid of the governors, the fathers, and the advocates. Therefore, it is permitted to play only with the *monobolon*, the *kontomonobolon*, the *kintanon*—that is to say, the fibula—and the *perichyten* and the equestrian game, without craftiness or cunning inventions. The very rich, indeed, play for one solidus for each stake, but the rest for much less. Anything played beyond this is not exacted, and what has been given is returned. The governors have the care of these matters, and a penalty of ten pounds is incumbent upon the transgressors and those who permit the transgression. The Constitution, moreover, of the same title says: Neither with the so-called wooden equestrian [pieces], as they are called, nor any other kind of gaming is it lawful to play, beyond those which were permitted in the preceding constitution. Otherwise, the places in which such equestrian games are played become public property, and what has been given is returned; or, if those who gave it are unwilling to take it back, it is exacted by the prefect and the governors of the provinces and applied to the works of the cities.

Chapter 30. — On those possessed by demons, or those feigning it.

^C Apostolorum canon 79. 79. Si quis dæmonem habeat, ne fiat clericus, etc., ut pag. 503.

Concilii œcumenici VI canon 60. 60. Cum clamat Apostolus, quod qui Domino adhæret, unus est spiritus (I Cor. VI, 17); clarum est, quod qui etiam cum contrario init familiaritatem ac consuetudinem, cum illo conjunctione unum sit. Eos ergo, qui se dæmone correptos esse simulant, et morum improbitate eorum figuram et habitum simulate præ se ferunt, visum est omnimodo puniri; et ejusmodi afflictionibus laboribusque eos subjici oportere, quibus ii, qui vere a dæmone correpti sunt, ut a dæmonis operatione liberentur, jure subjiciuntur.

Timothei canones 2, 3, 14, 16. Interrogatio. Si catechumenus a dæmone corripiatur, etc., ut pag. 627. Responsio. Si is qui a dæmone corripitur, etc., ut pag. 627. Interrogatio. Si quis cum sit fidelis, etc., ut pag. 607. Responsio. Si mysterium non enuntiet, etc., ut pag. 607. Interrogatio. Si quis, cum sui compos non esset, ut pag. 614. Responsio. Hoc debet clericus discernere, etc., ut pag. 614. Interrogatio. Si alicujus uxor spiritu corripitur, ut ferreos etiam compedes gestet, vir autem dicat, non possum continere, et velit aliam accipere; debetne aliam accipere an non?

15. ^A Response. Adultery intervenes in this matter, and I have nothing, nor do I find anything, to answer regarding it. But according to spiritual judgment, he ought not.

The text: It is said in book 5 of the Code, tit. 70, const. 4, that if a woman who is of her own right is mad, only the husband can send a bill of divorce. But the Digest, book 22, tit. 3, says: If one of the spouses begins to be mad, he himself [the mad person] cannot send a message; and if the madness, whether perpetual or coming by intervals, is bearable, and he is not of sound mind, he ought not to send a message. If, however, he should send one, he falls into the penalties of unjust divorce. But if the madness is intolerable and there is no hope of recovery remaining: on account of the fear of the madness and the desire of procreating offspring, it is lawful to dissolve the marriage by divorce without damage to either side. Indeed, if the ^B husband does not dissolve the marriage, but neglects his mad wife, he is compelled by the magistrate to feed her according to the quantity of the dowry and to see to her healing, and to omit nothing of those things which it is fitting for a husband to provide. But if he dissipates the dowry, she is sequestered, insofar as the woman and her family may have competent comfort from it: with the provisions (namely the dotal pacts entered into from the beginning) being kept. But these things do not proceed today, nor is marriage rightly dissolved on account of madness; since Novel 117 regarding bills of divorce recites certain causes, and besides these, subjects the one who sends a bill of divorce to the loss of nuptial contributions and other penalties.

Chapter XXXI. — On a segregated layman who has been received by another, against the will of him who had segregated him.

Of the Apostles, canons 12, 13. 12. If any clergyman or layman, ^C having been segregated or not to be received, etc. 13. If however he is segregated, etc. Of the Council of Antioch, canon 6. 6. If any one has been made excommunicate by his own bishop, etc.

Chapter 32. — On those who fast on the Sabbath or the Lord's Day.

Of the Apostles, canon 64. 64. If any clergyman be found fasting on the Lord’s day, etc. Of the Council of Gangra, canon 18. 18. If any one for the sake of supposed asceticism fast on the Lord’s day, let him be anathema. Of the Sixth Ecumenical Council, canons 55, 56. 55. Since we have learned that those in the city of the Romans, in the holy days of Lent, etc. 56. Likewise we have learned that in the region of the Armenians, etc.

Chapter 33. — On those who teach that the house of God and the assemblies gathered there are to be held in contempt.

^A

*Council of Gangra, canons 5, 20.* 5. If anyone teaches that the house of God is to be held in contempt, etc., see page 630. 20. If anyone, using arrogance, etc., see page 630.

*CAP. XXXIV. — Concerning laymen who try to invalidate the acts of the Council of Ephesus.* *Council of Ephesus, canon 6.* 6. Similarly, if any wish to, etc., see page 890. Read what is noted in cap. 14, tit. 3 of the present work.

*CAP. XXXV. — Concerning those who, upon hearing the reading of the Scriptures, do not wait for the end of the liturgy, nor communicate.*

*Apostolic canons 8, 9.* 8. If any bishop or presbyter or deacon, or any from the sacerdotal list, etc., see page 606. 9. Whoever among the faithful enters and listens to the Scriptures, but does not remain, etc., see page 606.

*Council of Antioch, canon 2.* 2. All who enter into the Church of God, etc., see page 606.

*Council of Carthage, canon 46.* *Concerning the passions of the martyrs.* 40. It is permitted even to read the passions of the martyrs, when their anniversary days are celebrated.

*CAP. XXXVI. — Concerning those who congregate privately.*

*Council of Gangra, canon 6.* 6. If anyone, apart from the Church, wishes to hold an assembly, etc., see page 607.

*Council of the Sixth Ecumenical [Council], canons 31, 59.* 31. Clerics who [are] in oratories that are within houses, etc., see page 583. 59. In an oratory, which is within a house, etc., see page 607. Read what is noted in cap. 14, tit. 3 of the present work. ^C

*CAP. XXXVII. — Concerning him who has desired to have relations with a woman, but has not done so.*

*Council of Neocaesarea, canon 4.* 4. If one proposes to desire a woman, etc., see page 891.

*CAP. XXXVIII. — Concerning those who do not fast during Holy Lent, or on the fourth day, or on the Preparation [Friday].* ^D

*Apostolic canon 69 [68].* 69 [68]. If any bishop, or presbyter, or deacon, etc., see page 635.

*CAP. XXXIX. — Concerning those who take wax or oil from the church.*

*Apostolic canon 72 [71].* 72 [71]. If any cleric or layman takes wax or oil from the holy church, let him be excommunicated; and let him add the fifth part to that which he took.

*CAP. XL. — Concerning laymen who have been put out of communion on account of their injustice. And that laymen must by no means teach.*

[From Theophilus, from his epistle to Menas the bishop.]

The presbyters in the village of Geminum have acted justly, if Eustathia, who brings the matter forward, speaks the truth; for she says that because Cyradium was committing an injustice and was unwilling to desist from it, they separated her from the communion. Since, therefore, I have found that she, taking care for her own evil state, desires to communicate, arrange it so that she first lays aside this injustice and prepares her mind to do penance, and if you perceive that she approaches the communion according to the law of God, permit her to communicate with the people.

64 Concilii œcumenici VI, canon 64. ^B That a layman ought not publicly to dispute or teach, laying claim to the authority of teaching for himself, but should yield to the order handed down by the Lord, and open his ear to those who have received the grace of the teaching office, and be taught the divine things by them. In one Church, God has made diverse members, according to the voice of the Apostle, which Gregory the Theologian, interpreting it, clearly sets forth the order in these things, saying: Let us revere this order, brethren, let us keep this order. Let one be the ear, another the tongue, another the hand, or something else. Let one teach, and let another learn. ^C And a little later: And let the learner be in docility, and the benefactor in cheerfulness, and the minister in alacrity. Let us not all be tongue, which is the readiest thing; let us not all be apostles, nor all prophets, nor let us all interpret. And after some words: Why do you make yourself a shepherd, when you are a sheep? Why do you become the head, when you are a foot? Why do you attempt to command, when you are enrolled among the soldiers? And elsewhere, Wisdom commands: Be not swift in your words, ^D and do not, being poor, overreach yourself with the rich, nor seek to be wiser than the wise. And if any one be caught violating the present canon, let him be excommunicated for forty days.

TITLE XIV. CONCERNING FAULTS WHICH CAN BEFALL ALL MEN.

CAPUT I. — On Avarice. Gregorii Nysseni canon 6. 6. The other species of idolatry, etc.

CAPUT II. — On those who lie with beasts. Concilii Ancyrani canones 16, 17. 16. Concerning those who have committed or do commit, etc., as on page 891.

^C 17. Those who have acted against nature, etc. ^B Basilii canon 63. 63. He who confesses his own impiety in brute acts shall observe the same period of penance. 476 Gregorii Nysseni cap. 3. 3. Concerning those sins committed through desire and pleasure, etc., as on page 807.

CAP. III. — On murderers and robbers.

^A 55. Concerning those who oppose robbers, etc. 56. He who has murdered voluntarily, and afterwards repented, shall be for twenty years without communion of the sacraments. And the twenty years shall be dispensed for him as follows: for four years he ought to bewail, standing outside the doors of the house of prayer, and begging the entering faithful to offer up prayer for him, confessing his own transgression; and after four years he shall be received among the hearers, and for five years he shall go out with them. For seven years he shall go out praying with those who are in the state of prostration. For four years he shall stand only with the faithful, but shall not partake of the oblation. And when these are completed, he shall partake of the sacraments.

57. He who has murdered involuntarily shall be for ten years without communion of the sacraments; and the ten years shall be dispensed for him as follows: for two years he shall weep; for three years he shall persevere among the hearers; for four years in prostration; and he shall stand for one year only; and thereafter he shall be admitted to the holy sacraments.

^B Gregorii Nysseni canones 4, 5. 4. Restat ad haec ut irascentem, etc., ut pag. 810. 5. If, however, anyone should depart this life without having completed the time appointed by the canons, the clemency of the Fathers commands that he, having become a participant of the sacraments, not be sent forth void of provision for that final and long pilgrimage. But if, after he has become a participant of the sacrament, he should return to life, he shall await the prescribed time, remaining in that same grade in which he was before the communion given to him out of necessity.

^C

CAP. IV. — That those who are punished with the penalty of excommunication ought, however, to communicate at the point of death. And what is to be done with them if, being admitted to communion for this reason, they happen to recover?

Concilii Nicaeni canon 13. 13. Concerning those who are departing this life, the ancient and canonical law shall be observed even now, etc., ut pag. 731. Gregorii Nysseni cap. 5. 5. If anyone, not having completed the time, etc., ut supra.

^D

CAP. V. — Concerning one who has experienced a nocturnal illusion; or one who wishes to communicate after having had relations with his wife; and for how many days they ought to refrain from each other for this reason.

Dyonisii ex epistola ad Basilidem, cap. 3, 4. 3. Those who are married are sufficient, etc., ut pag. 614. 4. But those who are in an involuntary nocturnal flux, etc., ut pag. 611. Timothei canones 5, 12, 13. 5. Interrogatio. If a woman has relations, etc., ut pag. 614. 12. Interrogatio. If a layman has dreamt, etc., ut pag. 611. 13. Interrogatio. For those who are joined into the communion of marriage, etc., ut pag. 614.

^A CAP. VI. — Whether an oblation may be made for one who has killed himself. Timotheus, Canon 14. 14. Interrogation. If someone, not being in his right mind, etc., ut pag. 611. CAP. VII. — Concerning one who has a demoniac wife and wishes to take another. Timotheus, Canon 15. 15. Interrogation. If a wife is much troubled by a spirit, etc., ut pag. 963. End of the 14 titles.

OF PHOTIUS, PATRIARCH OF CONSTANTINOPLE,

MONOCANON

EXPOSITION OF THE SACRED AND DIVINE CANONS

"Obey those who rule over you, and submit: for they keep watch over your souls," says the great apostle Paul, that doctor of the Church. But when most sacred princes and holy patriarchs command that we should obey and submit in a servile manner, it is required much more, inasmuch as it is owed. Wherefore, we too, being commissioned by our divinely-crowned holy emperor, the Lord Manuel Comnenus, and

^A by our most holy lord and ecumenical patriarch, who was chief of the philosophers, the Lord Michael Anchialus, to examine the sacred canons and to clarify and interpret those things in them which are obscure and appear to be in conflict with the laws; likewise also to investigate with great care those things written by that most holy patriarch, the Lord Photius, and presented in the fourteen titles and summarized before the canons; and to point out which of the legal enactments set forth therein are in force, and which have become obsolete and were not accepted in the final purgation of the laws that was accomplished by the celebrated emperor, the Lord Constantine Porphyrogenitus, so that those who encounter them might not be deceived and accept laws that have become inoperative as if they were operative and practical, and from thence, as wanderers, turn aside from the straight and royal ^B path—a danger which nearly befell our said most holy lord, who is wiser than all the wise men of our generation, in the case of that metropolitan of Amasea, the Lord Leo—we have boldly undertaken the present work, relying upon the assistance and prayers of those who enjoined it upon us. And first, having examined the legal enactments written in the aforementioned fourteen titles by the patriarch who composed the Nomocanon, before the purgation of the laws, as has been said, we divided them into two parts and clarified which of them are in force, as being placed in the imperial collection of the sixty books of laws, and which, because they were not accepted in the purgation, are completely void and without effect; this we have made clear and manifest. Next, ^C we indicated which of these were previously placed in the fifty books of the Digest and the twelve books of the Codes, and in which books and titles of the Basilika they are now found to be set. Similarly, we have also resolved those things that appeared to be in apparent conflict among them, according to the ancient interpretations and our own humble knowledge. Just as we have also removed, as a stone of stumbling, those things from the Justinianian Novels that were not accepted in the purgation but were recorded by the patriarch as being in force. And finally, we have also inserted into this work some other useful and effective decrees issued after the purgation, from both imperial commands and ^D Novel constitutions, and also from synodal acts, so that those who read them might have firm and unshakable certainty from every side. If, therefore, anything has perhaps been written in these, or in the interpretations of the canons, that is not seemly, let it be held worthy of forgiveness. For this mass of lucubrations is not the result of our boldness, but the offspring of necessary obedience.

TITLE I. ON THEOLOGY, THE ORTHODOX FAITH, CANONS, AND ORDINATIONS.

^A CHAPTER I. — On theology and the orthodox faith. Apostolic canon 49 and 50; council of Constantinople canon 1, 5; council of Ephesus canon 7; council of Carthage canon 2; council of the Sixth (Trullan) canon 1, 73, 81. Text. Book I of the Code, tit. 1, constitutions 1, 5, 6, 7, 8, 9. Scholium. The first constitution of tit. 1, book 1 of the Code is chapter 1 of book 1 of the Basilica, which says thus: He is a Christian who believes that the Father, the Son, and the Holy Spirit are one Godhead of equal power. But he who teaches otherwise than as stated is a heretic. The 5th, 6th, 7th, 8th, and 9th constitutions were not placed in the Basilica.

^B CHAPTER II. — How many canons ought to hold force? Council of Chalcedon canon 1; council of Carthage canon 1; council of the Sixth (Trullan) canon 2; council of Nicaea the Second, canon 2. Text. Constitution 3, tit. 2 of the Novels, etc., up to the point where it says they are void. Scholium. The third constitution of tit. 2 of the Novels is a novel of Justinian (131) placed in book 5 of the Basilica, tit. 3, chapter 1, topic 1, which reads thus: We decree, therefore, that the holy ecclesiastical canons which have been promulgated or confirmed by the seven holy councils shall have the force of law. Indeed, by the council of the three hundred and eighteen Fathers at Nicaea, in which Arius, ^C who was named after his madness, was smitten with anathema; and that of the one hundred and fifty holy Fathers at Constantinople, by whom the Spirit-fighter Macedonius was branded; and the first at Ephesus, in which Nestorius was condemned; and that at Chalcedon, by which Eutyches, together with Nestorius, was smitten with anathema. To these, moreover, [is added] the second at Constantinople, by which Origen, along with his writings, and certain other impious men were made an example; and furthermore the third at Constantinople, which, having triumphed over many heresies, confirmed the divine dogmas of the earlier holy councils; and above all, the second at Nicaea, from which those who raged against the holy images were, like the preceding heretics, cast out from the Catholic Church of God. For we receive the dogmas of the aforementioned holy councils just as the divine Scriptures, ^D and we keep their canons as laws. The 44th constitution of tit. 3, book 1 of the Code was not placed in the Basilica, nor were the 1st and 4th constitutions of tit. 1 of the...

^A New Constitutions, of which the former is the 6th of Justinian and the latter is the 80th of the same. Do not you, either, apply your mind to these; first, because they do not even contradict Justinian’s 131st Novel, and second, because they were not received into the Basilica.

Another scholium. Regarding the laws mentioned in the present 2nd chapter, things have been written that are also reasonable. Know, however, that some have spoken differently, even in the presence of our holy emperor, namely, that the canons should not prevail where they contradict the laws, because they were written before the purification of the laws and thus, as things not in harmony with them, they were useless. But others, having produced canons that are contrary to the laws and having employed the present 131st Novel—which is set down in book 5 of the Basilica, tit. 3, chap. 1, and which declares that the canons are to be observed like laws and like the divine Scriptures—have stopped the mouths of those who oppose them. ^B When those others said that such a Novel was inadmissible, as being said to have been made by Justinian and as mentioning the councils after Justinian, and thus as supposedly constructing some absurdity, these people said that the argument is caught by this very thing: that the emperor who performed the revision and purification of the laws appropriated to himself what the Novel teaches. For if this were not so, he would not have added that the canons of subsequent councils should prevail as laws and as divine Scriptures. But he also added this, just like other Justinianic Novels, so that it might be idle because of not having been set down in the Basilica, which he also received, and which he also approved of in the presence of our holy emperor. Note that the present Novel says that not only the canons set forth by the seven holy ^C councils are to prevail as laws, but also those that have been confirmed by them, namely, the canons of the provincial councils. And read the 2nd canon of the 6th Council, which confirms not only the provincial councils, but also the writings of other holy men. Mark the present interpretation, and keeping it in memory, say that the canons have greater force than the laws. For the canons, indeed, since they were set forth and confirmed by emperors and holy Fathers, are received like the divine Scriptures. But the laws were received or compiled by emperors alone, and therefore they will not prevail over the divine Scriptures or over the canons.

CAPUT III. — That unwritten ecclesiastical custom should be observed as law, and that we have no need to observe the laws of the Mosaic law.

The 81st canon of the 6th Council; Basil from the letter to Diodorus, and from the 27th and 29th chapters of the letters to Amphilochius concerning the Holy Spirit.

Text. And in civil law, etc., up to *custom*.

Scholium. The 4th constitution of tit. 3, ^D of book 1 of the Digest is book 2 of the Basilica, tit. 1, chap. 41, saying thus: Regarding those matters for which no written law exists, one must observe

custom and usage. But if this too is lacking, one should follow those things which are near to and resemble the matter in question. If even these are not found, then the legal practice which the city of Rome uses must be observed. And ^A them. 2, inveterate custom is kept as law.

Another scholium. See them. cap. 41, tit. 1, lib. 2, which says: Just as the enactment of law refers to written, or does not refer to written, so too its abrogation happens either through written law or through unwritten, that is, through desuetude. And cap. 42: For those causes for which there is no written law, inveterate custom holds as law. And cap. 43: We then use the custom of a certain city or province, when, having been called into dispute, it has been confirmed in court. And cap. 44: And those things which have been approved by long custom and observed for many years, are observed no less than written laws. And cap. 45: That those things which have been so well approved that it was not necessary to commit them to writing [are observed]. And cap. 46: In the interpretation of laws, the custom of the city must be heeded. And cap. 47: [It must also be examined] how it has been judged perpetually in similar cases.

Furthermore, Stephanus ^B teaches a most excellent lesson in cap. 42, and resolves the apparent contradictions concerning unwritten custom, saying thus: Long-standing custom holds as law when it does not conflict with written law. And do not think this to be contrary to the purpose of the aforementioned ordinance. For there, speaking of desuetude, he says that it can abrogate a law. Here, however, he speaks about custom and says that custom does not introduce a new law if it conflicts with some old law, nor does it use one in a contrary way. For it is possible not to use something out of disuse; it is not possible, however, to use it in a contrary manner. Note, therefore, this doctrine, as it is both admirable and frequently used in courts. The 1st, 2nd, and 3rd ^C constitutions of tit. 52, book 8 of the Code, were not put into the Basilica. But the 102nd constitution of tit. 17, book 5 of the Code is chapter 183 of tit. 3, book 2 of the Basilica, which has it thus: We change custom reluctantly, yet certainly because equity demands it. But you should interpret this law according to the laws inserted later into this present chapter, and say then that long custom is changed for some useful reason when it has not been confirmed in court, and that it will hold as written law. For this reason, it was added here too: "Reluctantly, yet because equity demands it, we change custom." There is no written law ^D that mandates that if any woman wishes to be shorn and to divorce her husband, she should not be shorn immediately, but rather that she be led away to a monastery and be tested for a three-month period, so that she might not perhaps, in the heat of a quarrel, have requested the tonsure. But it has been received from unwritten custom, having been many times tested and confirmed in court, that the tonsure is not permitted to a woman otherwise than if, after three months, she is asked whether she wishes to remain in this good intention. And indeed, matters concerning this were argued at length before the imperial tribunal. For when many said that certain women’s blonde hair ought to be tonsured immediately, because they firmly

believed her to be of sound mind, and as she was forty years old, and since there was no written law regarding that three-month period, our God-crowned, most potent, and holy emperor accepted the long-standing custom, which, as has been said, was confirmed in place of written law, and he supported it with a formal note; so that then, an unwritten custom ^A of the kind that encounters justice—that is, when reasonable causes are set forth—is transgressed when it has not been confirmed by judicial discernment. For I have seen an unwritten custom that was not thus confirmed being set aside. For as it had been the custom that those who became monks from among the clergy, since they had previously been enrolled in the priestly ministry, should—after taking up the monastic life—be counted among the body and college of the ministries and associate with the lay clergy, our most holy lord, Master Michael, considered this long custom as nothing, and decreed that ministries should be appointed only from among the lay clergy, and that monks should be diligent in their own monasteries. As it had been the custom for Jews to litigate only before the prefect of the narrow streets, our mighty and holy emperor decreed that they should litigate according to the laws before any tribunal whatsoever. ^B And the custom was considered as nothing, because it had not been legally confirmed.

Note the present interpretation concerning unwritten custom as most necessary, because various laws legislate regarding long-standing custom and contradict one another—some saying that a long custom, even if confirmed in court, is void when it is contrary to a written law, while others command that it prevail even if it is contrary to a written law—the present sixth theme of chapter 48, title 1, of the second book of the *Basilika* resolves the apparent contradiction. For it says that the introduction of a law is unwritten or written, and likewise its annulment; ^C and indeed, if the introduction is burdensome to the subjects, it is annulled by an unwritten custom—that is, through the disuse brought about by an unwritten custom—on account of humanity, so that it might not be ineffective, while an annulment through a custom, or an unwritten law, is not rendered useless on account of it being contrary to a humane law. Thus, resolving the apparent contradiction in accordance with the discussed chapter, the interpretation of Stephanos, and the law which says that laws should be interpreted more humanely, understand these things concerning that custom which has been confirmed in a court of law.

CAP. IV. That canons are not promulgated by one bishop but by the community of bishops.

Basil’s canon 47, near the end; Gregory of Nyssa’s canon 6, toward the middle.

CAP. V. Concerning patriarchs, metropolitans, and those called the private ones of Africa.

Apostolic canon 34; Council of Nicaea, canons 4, 6, 7; Council of Antioch, canon 9; Council of Constantinople, canons 2, 3; Council of Ephesus, canon 8; Council of Chalcedon, canons 9, 17, 29.

Concerning the order of the patriarchs, etc.

Sardicense canon 3, 4, 5; of the Council of Carthage canon 17, 39; of the Sixth Council canon 36, 39.

Text. Regarding the order of the patriarchs, etc., up to ^A “and which provinces it has.”

Scholium. The 7th constitution of title 1, book 1 of the Code was not placed in the Basilika. But the 6th constitution of title 2 of the same book is chapter 6 of title 1, book 5 of the Basilika, and it speaks as follows: “It is necessary for those who raise a canonical question in Illyricum to refer it to the archbishop of Constantinople, and by him it is to be distinguished by a priestly synod and by holy judgment and divine law.” But the 20th and 24th constitutions of the same title and book were not placed in the Basilika. The 2nd constitution of title 1 of the Novels, however, is Justinian’s 123rd Novel, located in book 3 of the Basilika, title 1, chapter 9, which holds as follows: “Before all else we decree that this be guarded, that no one be ordained a bishop through the giving of gold or other things. But if anything of this sort should be sinned, both they themselves—they who give and they who receive—and their intermediaries submit themselves to condemnation according to the divine Scriptures and the divine canons. And for this reason, both the giver and the receiver and the intermediary of the priesthood or of the clerical ^B honor should be removed. But that which was given on account of this cause to the church should be claimed by the church for which he wished to purchase the priesthood. But if a layman is the one taking or acting as an intermediary in the matter, regarding the things given, we command them to be demanded back in double from him, to be claimed, of course, by the Church. We order not only that the things given in this way be reclaimed, but also that every bond of guarantee exposed in any way whatsoever, and the obligation of pledges and of a surety, and finally every other action of any kind should be void. And furthermore, he who has accepted the promise must not only return the confession, but also pay as much again as the confession contains, to be given to the Church. If, however, any of the bishops, whether before his own ordination or after the ordination, should wish to offer his own property, or a part of it, to the Church whose priesthood he holds, not only do we not forbid it, and decree him to be free from all condemnation and penalty by this law, but we also judge him worthy of all praise: since this is not purchase, but an offering.” The 16th constitution of title 2, book 1, is not placed in the Basilika; nor is the 8th constitution of title 1 of the Novels, which is the 11th Novel of Justinian. The 3rd constitution of title 2 of the Novels is the 131st Novel of Justinian, which is placed in book 5, title 3, chapter 1, ^C theme 2, in this manner: “And for this reason we decree according to their definitions that the most holy Pope of elder Rome be the first of all the priests, and the most blessed Archbishop of Constantinople of new Rome hold the second rank after the most holy apostolic see of elder Rome, and be preferred before all the others. And the most blessed archbishop for the time being of Justiniana Prima, our fatherland, shall always have under his jurisdiction the bishops of the provinces of Dacia ^D

Mediterranea, and Dacia Ripensis, Praevalia, ^A and Dardania, and Mysia Superior; and they shall be ordained by him, and in these same provinces subject to him, he shall hold the place of the apostolic see of Rome, according to those things defined by the holy Pope Vigilius. In a similar manner, we also command that the archiepiscopal office, which we have given to the bishop of Justiniana of Carthage in the African diocese, from the time when God restored it to us, be preserved. Note, however, from the present Justinian novella, the privileges of the archbishop of Bulgaria; for he is the archbishop of Justiniana Prima, the fatherland of the Emperor Justinian. And Bulgaria is for this reason called Justiniana, because the Emperor Justinian restored that region to the empire of the Romans. For this reason the present chapter makes mention in its superscription of the "privata" of the Carthage of Africa, that is to say, of its privileges. For "privatum" is said in Latin for *to idikon* (what is proper). Read also the end of the scholion of the present chapter, which is a part of the ^B Justinian novella, and establishes that the Church of Carthage should have the privileges of the apostolic see.

CAP. VI. — Who and where bishops or clerics are ordained, and if one ordained refuses the episcopate by a written petition.

The Apostles' canon 1, 2, 35; of the Council of Nicaea, canon 4; of the Council of Antioch, canon 13, 19, 22; of the Council of Laodicea, canon 5, 12; of the Council of Ephesus, canon 8, and the epistle [sent] to the Pamphilian council; of the Council of Sardica, canon 6; of the Council of Chalcedon, canon 28; of the Council of Carthage, canon 13, 18, 49, 56; of the sixth council, canon 33, 37; of the second Council of Nicaea, canon 2; of the first and second council gathered in Constantinople in the church ^C of the holy Apostles, canon 16; Basil's epistle to the bishops of his jurisdiction; Cyril's from the epistle to Domnus, canon 1, 3; Cyril's from the epistle to the bishops of Libya and Pentapolis, canon 1, 3; Theophilus's from the commonitorium, canon 3.

Text. Lib. Cod. 1, tit. 3, constit. 12, 30, 42, 47, 52, and tit. 1 of the Novellae, constit. 1, 2, and 17.

Scholion. Constit. 12, 30, 42, 47, 52 of tit. 1, lib. 1 of the Code are not placed in the Basilica. But the first title of the Novellae, and its constitutions 1, 2, and 17, are placed in the Novellae of Justinian 6, 123, and 137. However, 6 is not placed in the Basilica. 123 is ^D chapter 9, tit. 1, lib. III, which has been placed by us in chapter 5 of the present title, which you should seek. But the Novella 137 is chapter 8, tit. 1, lib. III, which is sprinkled in scholion 8 of chapter 8 of the present title, near the end, which you should also seek.

^A CAP. VII. — That it is not permitted to leave the election of priests to the promiscuous crowd. Canon 13 of the Council of Laodicea; canon 3 of the Second Council of Nicaea.

CAP. VIII. — Concerning the objection that arises at the ordination of a bishop. Canon 19 of the Council of Antioch; canon 49 and 53 of the Council of Carthage.

Text. Title 1 of the Novellae, constitutions 1, 2, 17, etc., up to that concerning the superiors of monasteries, as on page 495.

Scholium. The 1st constitution of title 1 of the Novellae is Justinian’s Novella 6, which is not placed in the Basilica. The 2nd constitution of the same title of the Novellae is Justinian’s Novella 123. That particular chapter of it is also not placed in the Basilica. The 17th constitution is Justinian’s Novella 123, placed in book III of the Basilica, tit. 1, cap. 8, which holds as follows: "Furthermore, if anyone should institute any accusation against someone who is about to be ordained bishop, or presbyter, or deacon, or other cleric, or superior of a monastery, for any cause whatever, which might be able to impede his ordination according to the laws or canons, such ordination is to be deferred, and an examination of the accusation is to be interposed first, with the accuser also present and pursuing to the end those things which were brought into charge by him. Moreover, even if the accuser should absent himself or weave delays, nonetheless, in this case also, he who is about to perform the ordination shall have a most exact inquiry into the matter within three months. And if he finds the one who has faced the accusation to be blameworthy, whether according to the divine canons or according to our laws, the ordination is to be prohibited. But if he appears blameless, let the ordination be celebrated, whether the accuser is present or absent. But if the accuser, being present, does not prove it, or has abandoned the instituted accusation: if indeed he is a cleric, let him be thrust from his own grade; if he is a layman, let him undergo suitable correction. But if anyone ordains the accused before the examination, both he who ordained and he who was ordained, each shall be thrust from the priesthood."

Note, however, regarding the present Novella, that it subjects him who has hindered the ordination of a bishop with the intent of calumny to perpetual excommunication. This is indeed something new, and on that account it was also abrogated. For neither the 6th Novella of Justinian, nor that chapter of Novella 123 which commands that the accuser be cast out of the province in which he dwells, were accepted into the Basilica. But a more benevolent chapter of the same Novella, which establishes that such a calumniator, if he be a layman, is to be corrected, or if a cleric, is to be deposed, has been accepted.

Another scholium. That an accusation introduced against one who is to be ordained must be decided within three months, whether the accuser is present or absent, is a special rule, and [was established] for the sake of the expediency of the ordination. I think, therefore, that the later laws, which specify that accusers [should be called] through thirty days' notices...

and the other matters which have been legislated concerning accusers, have no place in the present case. For if this were granted, the examination which is expected to take place within the space of three months would be rendered superfluous. However, since the giving of written documents will be unavoidable, the accuser must be called by written messages [issued] within a few days, [and it will be] impossible not to issue them.

CAP. IX. — Within what time bishops must be ordained.

Scholium. Const. 2, tit. 1 of the Novellae is Justinian's Novella 123. This provision of it was not placed in the Basilica. However, you should know that our most holy lord and ecumenical patriarch, the lord Michael, made use of this law when he three times impelled the metropolitan of Amasea, the lord Leo, by edict, because he would not appoint anyone to the bishopric of Aminsus, which had already been vacant for a year. For he said that since a year had passed and Aminsus had not been appointed by the metropolitan, but three proclamations had been made to him [to act] by this order, for him to appoint the bishop, and he had not done this properly according to the summary of such a law, in order that he might appoint one and perform the ordination, when also some were saying that such an interpretation of the Novella was not received in the Basilica, and hence was of no effect, he nevertheless persisted, saying that it was not right that a single jot of those things written in the Nomocanon, which the church considers as tablets written by God, should be abolished, but rather that, after having learned [about it] from the imperial decrees and from the leading members of the senate—which he had previously heard ^B and had hastened to the compilation of the present work, as we have indicated in the prologue—the aforementioned Novella now being ineffective, canon 25 of the Council of Chalcedon prevails.

Scholium. The time contained in the present canon concerning the ordination of a bishop is interpreted in two ways. For canon 25 of the Council of Chalcedon ordains that bishops should be proclaimed for vacant churches within three months. But canon 14 of the sixth council teaches concerning the time of the bishop's age. The transgression of the former subjects one to an ecclesiastical penalty, but the transgression of the latter subjects one to deposition. ^C

CAP. X. — That no one should be ordained bishop, or presbyter, or deacon, before he has made all those in his house orthodox Christians.

^A Scholium. The 18th constitution of title 5 of the first book of the Code was not placed in the Basilica, nor was the 10th of the 11th title of the same book. One might perhaps ask, since the 36th canon of the Council of Carthage decrees that no one should be received into the number of the clergy unless he makes all those in his house Christian, how the present constitutions, which say that those who have become Christians from being pagans are to be punished unless they bring their wives, children, and all those in their households to holy baptism, are not placed in the Basilica, even though they agree with the canon in these things. [The answer is:] they were not taken into the Basilica because of the command of the holy Apostle, which decrees that the marital union of infidels should not be dissolved if one of them becomes a believer. "For how do you know, O believer," he says, "whether you might bring your infidel spouse to the faith, or vice versa?" But the canon intended to prevent a person who was never an infidel, but [always] of the orthodox faith, from cohabiting with an infidel, and much less so after he has been [admitted] into the clergy; and for that reason, it does not permit his admission into the clergy. Indeed, other canons also do not allow a believer to be joined [in marriage] to an infidel. There is, therefore, a difference between the person who, having been an infidel, has converted to the faith, and one who has been a believer from birth. For the former is deemed worthy of pardon if he does not cast out the infidels related [and necessary] to him, hoping to turn them as well to the orthodox faith; but the latter is punished as one who has intercourse with infidels, and is not permitted to be assumed into the clergy. Read also the 72nd canon of the Council in Trullo, which thus divides believers, and at the end discusses these things: "For the infidel woman is sanctified by the husband." Read also the passage from Paul's epistle to the Corinthians concerning this, saying: "Brethren, if any one has an infidel wife," and the rest, and say of all those who live with him that they must be duly deemed worthy of the priesthood.

CAP. XI. — Of those who are made bishops from the lay state.

CAP. XII. — How a Gentile, or one who is ill, or recently baptized, or any one [coming] from evil conduct, is ordained bishop or cleric.

^A

CAP. XIII. — How a bishop without a see may come to a vacant bishopric.

CAP. XIV. — When a eunuch, or one otherwise physically afflicted, may be made a bishop or cleric.

Scholium. Constitutions 1 and 2, tit. 42, lib. IV of the Code are placed in the Basilics, book XIX, tit. 1, cap. 17, which reads as follows: The directive commands that no Roman be made a eunuch, nor even outside Roman territory, nor that anyone buy a Roman who has been made a eunuch, but that both the one who made him a eunuch, and the buyer himself, and the notary who drew up the contract for this, and the tax-collector who received any duty for this, should be punished. But barbarian slaves castrated outside Roman territory may be bought and sold by any merchants whatsoever. Furthermore, title 8, book XLVIII of the Digest is in the Basilics, book LX, tit. 38. These chapters, however, have been omitted and not included. Moreover, Justinian's Novel 142 is placed in the Basilics, book LX, tit. 51, cap. 4; which reads as follows: We decree that in any place in our empire, whoever presumes or has presumed to castrate any person—if they are men who have presumed or do presume to do this—shall suffer the same thing that they have done to others. And if they escape unharmed, their goods shall be confiscated to the ^B public treasury by him who at the time holds the prefecture of your glory, and they themselves shall be sent to the gypsum mines, where they shall be obliged to spend the entire duration of their lives. But if they are women who have done this, they shall likewise suffer punishment, and their goods shall be confiscated to the public treasury by him who at the time holds your prefecture, and they shall be sent into exile, so that from that [gain] which they thought or intended to acquire as a profit of impiety, they may suffer punishment and the loss of their own property. We command, however, that those who have given the orders, or offered persons for this purpose, or have provided houses or any place for this, or are providing them—whether they be men or women—shall undergo the same punishments, as they have become witnesses and accomplices to this unjust act. But as for the eunuchs themselves, although it would have been appropriate for them to be free from older times, yet we command that those who have been castrated since the tenth indiction of the current cycle, in any places of our empire, shall be free: and in no way or by any kind of contract shall they be dragged into slavery, nor shall any instrument concerning them, whether public or written by private hand, in any way whatsoever, whether made through fraud or [otherwise], be valid. But neither shall those so-called "inquiries" (anakriseis) regarding such persons take place, nor shall any that have taken place be valid. But also all such contracts ^{C D}

serving thereafter in this ministry, we command to undergo the above-mentioned penalties. ^A Furthermore, if it happens that a slave is castrated because of a disease, we command that he also obtains his freedom. For those who are free from the beginning, if they happen to fall into this kind of disease, have power over themselves, so that they may apply whatever remedy they wish to themselves. We command, therefore, that in our commonwealth, those who have been castrated from the aforementioned time be sought out, no matter with what person they may be, and that they be free, and never again be drawn back into slavery. But if any persons presume to detain with them any of those castrated, after our present law, we grant to the castrated themselves—seeing that they have once obtained their freedom by our present law—the authority to approach the imperial majesty, and the most holy patriarch of the time, and to report the matter to our most glorious officers of the empire; and in the provinces, to the most religious bishops of the places and their governors: ^B so that by the providence of our magistrates, and at the risk of the cohorts obeying them (whether in Constantinople or anywhere else in our commonwealth), they may be given their legal vindication according to their freedom, and the freedom granted to them by our present law may be preserved. For we will by no means tolerate in our commonwealth so many murders being committed with conniving eyes, under the pretext of those who dare to do such things. For if the Barbarians, as soon as they heard of our mandates regarding this, kept them—how then shall we permit that, after the legislation of so many princes before us, such a thing should again be committed, or even be left unpunished in our commonwealth?

Cap. XV. — That he who has a demon shall not become a cleric.

Cap. XVI. — Concerning him who does not obey his own bishop, who wishes to ordain him to a higher rank.

Cap. XVII. — Concerning a bishop or cleric who has been ordained, but is not received by the inhabitants, or who does not accept them, or cannot depart.

Cap. XVIII. — That a dying bishop cannot ordain another in his own place.

Cap. XIX. — That a bishop should not be appointed recklessly in a small city or village.

^A CAP. XX. — That there should not be two metropolitans in one province, or two bishops in one city, or one cleric in two cities. Council of Nicaea, canon 7; Council of Chalcedon, canons 10 and 12; Council of Nicaea II, canon 15. The text: Helenopontus has two metropolitans, etc., up to constitution 39 of the same title, as on page 510.

Scholium. Novella 28 is placed in book 6 of the *Basilica*, title 12, chapter 1. It is not set down here by us, because the conditions of the regions mentioned therein have been much altered by the impious barbarians, and for that reason the novella has become ineffective. Novella 29 was written in book 6 of the *Basilica*, title 13, chapter 1, but it is not set down here for the same reason. Furthermore, constitution 35 of title 3, book 1 of the Code is chapter 3, title 1, book 3 of the *Basilica*, which says: "Whoever deprives any city—whether it be an ancient one or one recently founded—of the right of having its own bishop, or strips it of any other privilege, even if he does so by imperial commission, the constitution brands him with infamy and inflicts the confiscation of his goods, and at the same time renders his attempt void." It excepts, however, the provinces of Scythia and Leontopolis in Isauria. ^B Thereafter, constitution 39 of the same title and book was not included in the *Basilica*. Take note of the law set down here—that is, chapter 3 of title 1, book 3—do not pay attention to it. For it was abrogated by canon 17 of the Council of Chalcedon and by canon 38 of the Council in Trullo. Read, therefore, that canon 38 and its interpretation. For there were inserted into it the words of the sovereign, which explain how it is granted to emperors to alter ecclesiastical rights and privileges. Constitution 39, title 3, book 1 of the Code, which decrees that no prelate shall be of two monasteries, though it ought to be of no effect because it is not placed in the *Basilica*, yet it has efficacy from the interpretation of canon 14 of the Seventh Council, which determines that no one ^C shall be a cleric in two churches of one city. For if it is not permitted to anyone to be enrolled as a cleric in two churches, much more shall a superior not preside over two monasteries, just as one head does not have two bodies. But that the superior of the Pantokrator oversees many monasteries does not stand opposed to the canon; for those many monasteries are reckoned as one, because they accrued to the Pantokrator by way of addition.

CAP. XXI. — Of those who ordain in cities or provinces that are not under them. Council of the Apostles, canon 35; Council of Antioch, canons 13 and 22; Council of Ephesus, canon 8.

CAP. XXII. — Of those who occupy churches through the patronage of magistrates. Council of the Apostles, canon 30; Council of Nicaea II, canon 3. ^D Scholium. Read chapter 1, title 8 of the present work, and what is noted therein.

CAP. XXIII. — Of those who are not ordained as bishops or clerics on account of marriage or concubinage.

^A Apostolic Canon 17, 18, 19; Council of the Sixth (Trullan) Canon 3, 12; Basil’s Canon 12.

Text. Read Title 1, Novella Constitutions 1, 2, 17, in which it is said, etc., as far as "having married a virgin," as on page 515.

Scholium. Constitutions 1, 2, and 17 of Title 1 of the Novellae are placed in Justinian’s Novellae 6, 12, and 137. However, those pertaining to Novella 6 are not placed in the *Basilica*. But those pertaining to Novella 123 are placed in the *Basilica*, Book 3, Title 1, Chapter 27, which says thus: "We do not permit clerics to be ordained otherwise than if they know letters, and possess the orthodox faith and an honorable life, and have not had nor have a concubine, nor natural children, but either live chastely, or have had or have a lawful wife, and her one and first, and not a widow, nor one separated from her husband by divorce, nor otherwise forbidden by the laws or holy canons." ^B And the things of Novella 137 are placed in Chapter 7 of the same book and title, which reads thus: "We decree that whenever there is need for a bishop to be ordained, the clerics and the primates of the city for which the bishop is to be ordained shall assemble, and with the holy Gospels set before them, for three persons they shall make a decree, and each of them shall swear by the holy Scriptures, and include that in the decrees themselves, that they chose them neither by payment, nor by promise, nor by friendship, nor by favor, nor by any other such passion, but because they know them to be of the orthodox and catholic faith and of honorable life, and to be over thirty years of age; and that they know them not to have had nor to have a wife, or a concubine, or natural children. But if any one of them had a wife, yet she was his only one, and not a widow, nor separated from a husband, nor otherwise forbidden by the laws or honorable canons, and further that they know them not to be a curial official or a cohortalis among those being voted for. Unless he has spent no less than fifteen years in a monastery practicing the monastic life blamelessly, that is to say, with the observation previously stated by us, to be made in the decrees concerning them, and to be guarded in these persons: so that from those three persons, who are elected by decrees in this way, the better one may be ordained by the election and judgment of him who possesses the authority of ordaining." ^C Someone might perhaps ask: since the present Novella of Justinian is accepted in the *Basilica*, and it decrees that no bishop shall be ordained otherwise than by a decree having been made by the clerics and primates of the city regarding three persons, and each of them having sworn by the holy Gospels regarding them confirming those things which are contained in the Novella: how is it that none of this obtains [in use] today? Through the canon of the Council of Nicaea, and the canon of the Council of Antioch, and of Laodicea, which decree that a bishop must be judged and ordained by bishops at their own discretion: that which requires decrees to be made by clerics and citizens regarding bishops with the holy Gospels set before them is rendered void. For that reason (as it seems), even those things [which are] in the sixth book... ^D

^A of the law defining that the judges should adjudicate with the holy Gospels set before them are not in force. But that the votes [today] from the bishops come to be in the presence of three persons, is, as I believe, forced by the current Novel.

CAP. XXIV. — Regarding those who are ordained for money, or who undertake offices.

^B Council of Chalcedon canon 2; apostles' canon 29; council of the Sixth, canon 22, 23; letter of Tarasius the archbishop to Adrian, Pope of Rome; council of Nicaea II, canon 4, 5, 19; Basil from his letter to his bishops; of Gennadius and the council with him, from the encyclical letter to the most holy metropolitans.

Text. Read book 4, tit. 3, const. 30, 41, and tit. 1 of the Novels, const. 1, 2, 11, wherein it is said, et cetera, to offer to the Churches.

Scholium. Const. 30 and 41, tit. 3, lib. 1 of the Code were not placed into the Basilica, and for this reason they are void. But the 1st, 2nd, and 11th const. of tit. 1 of the Novels are the Novels of Justinian 6, 123, and 56; and indeed the 6th of these, the present chapter, was not put into the Basilica, likewise neither the 56th Novel which teaches about the ^C fees given at Byzantium by the clerics there being ordained. But the 123rd Novel was placed [there], as has been often said, in book 3 of the Basilica, tit. 1, chap. 9 and following; which chapter of the present title was inserted extrinsically, namely in the Scholium, which you may read, as it teaches about those who are ordained for money. But regarding the daily payments that are given, look for the same book and tit. chap. 35 and 36, which are as follows: "Moreover, we do not permit a cleric of any rank to give anything to him by whom he is ordained, or to any other person. He shall only give to the ministers of the one who ordains, and to those who are accustomed to receive by custom, [those things] which however do not exceed one year's daily payments. In the most holy Church to which he is chosen, he shall fulfill the sacred office, and he shall give nothing at all to his colleagues for his own appointment, ^D nor shall he be deprived on this account of his own wage, or of other things which accrue individually. But neither shall we permit a xenodochos, or a ptochotrophos, or a nosocomos, or the administrator of any other pious house, or anyone whatsoever handling an ecclesiastical concern, to give anything to him by whom he is appointed, or to any other person whatsoever, for the administration entrusted to him. And whoever, contrary to these things which we have established, either gives or receives, or has become a mediator for the priesthood—that is, for the clergy—or for any administration entrusted to him, shall be stripped of what was given; [the things] being claimed for the holy place to which such a person received the ordination, or care, or administration. But if it be a layman who receives [it], or who has become a mediator in the business, double of what was given shall be demanded, and [it shall be given] to the holy place in which

^A such person received the administration, or the ordination, or the care. But if any cleric of any rank, or an administrator of any sacred house, should desire—either before his ordination or after the administration or care has been entrusted to him—to offer any of his own possessions to the church in which he is ordained, or to the place whose administration or care he undertakes, we not only do not forbid this to be done, but we even urge them again and again to do such things for the salvation of their own souls. For we forbid only those things to be given which are offered to certain private persons, and not those which are offered to the most holy churches and other sacred places. Read also the end of chapter 9, title 1, book III, in chapter 5 of the present title, because the present law has been inserted therein.

[al. Another scholium.] Note: The present novella subjects to deposition those who are canonically ordained, or who receive any other ecclesiastical charge for money; and it renders the laymen who acted as mediators in these matters liable to the exaction of double what was given to them. But the 2nd canon of the Council of Chalcedon subjects to anathema the laymen who act as mediators in such things. However, that laymen who receive the administration of sacred places for money are to be punished is evident from the present novella. Now, what layman is there who receives the administration of a sacred place, or clerical ministry, or becomes a cleric, or is admitted into a monastic cell without giving or procuring, I do not know; and therefore, with bended knees, I pray to God that he might be willing to deliver us from such threats, ^C crying: If thou, O Lord, shalt mark iniquities, who shall sustain it?

CAP. XXV. — That ordinations should not be repeated.

CAP. XXVI. — That a bishop or cleric should not move from city to city.

Text. Read Constitutions 9 and 10, title 1 of the Novellae, etc., as far as "let the clerics be transferred," etc., as on page 547.

Scholium. Constitution 9, title 1 of the Novellae, is the 3rd novella of Justinian, and it is set forth in the Book of the Basilica 3, title 2, chapter 1, which, when it had enumerated that clerics ought to be in the Great Church and other sacred edifices, and prohibited the transition of clerics from one church to another, speaks in these words: "For if in sacred monasteries we prohibit anyone from moving from one to another, much less shall we permit this to the most reverend clerics, lest such a desire for this kind of thing should bear the appearance of profit and trafficking." But if at any time this kind of transition or blessedness

^A or the sovereignty of the time should deem it fit that this be done, it must not be done otherwise than by first having it reduced to the number we have specified, so that the transition may fill the place of one who is lacking, and no supernumerary person may slip in at all. For we permit this to happen by no scheme and in no way. Now, the 10th Constitution, title 1, of the Novels, is the dead Justinianic Novel 16, and it was placed in Book 3 of the *Basilika*, title 3, chapter 1, which you may also read, as it teaches almost the same thing and that clerics who are lacking should be recruited from the supernumerary ministers. Note that by the present Novel, it is granted to the Archbishop of Constantinople alone ^B to accept clerics from other churches and enroll them in his own clergy, or even to make them bishops. This privilege is also granted to the Bishop of Carthage. And consider this: seek to accept clerics from other churches and enroll them in one's own clergy, or even create bishops. This was also granted to the Bishop of Carthage. Read also canon 55 of the Council of Carthage and canon 10 of the Seventh Ecumenical Council, and what is written in them; then it may be said that the Bishop of Constantinople and the Bishop of Carthage can claim clerics from other dioceses against the will of those who ordained them when there is a lack of clerics. Which, for the time being, the region of Constantinople does not have ^C because of the multitude of its clergy, and because it is entirely free from want on all points. Even when necessity compels them to take an alien cleric, they will not be able to do this otherwise than if the number of their own clerics is deficient. How, then, the abolition of the number of clerics occurs today without danger, I do not know.

Chapter XXVII. — Concerning him who was ordained while he was subject to sin.

Chapter 28. — On the age of those to be ordained, whether they be male or female.

Text. Read Constitution 9, title 1, book 4 of the Code. It does not permit, etc., up to *has exceeded 30 years*.

Scholium. Constitution 9, title 1, book 1 of the Code was not placed in the *Basilika*, nor was the 1st Constitution of title 1 of the Novels, which is the 6th Justinianic Novel, as has been explained. ^D The 2nd Constitution of title 1 of the Novels is the 123rd Justinianic Novel, and it is found in book 3 of the *Basilika*, title 1, chapter 29, which reads as follows: "A Deaconess is not to be ordained in the holy Church who is less than forty years of age, or who has come to a second marriage." Likewise, it says, chapter 28 of the same title, which is a part of the same Novel, says this: "We do not permit a Presbyter to be made younger than thirty years, nor indeed a Deacon or Subdeacon younger than twenty-five, nor likewise a Reader younger than eighteen." However, you must know that Justinianic Novel, as it is found at length, says that a reader may be made who is eight years of age, and a bishop who is thirty-five. Just as this present book says this, in the revision the time for the bishop was entirely omitted, and the time for the reader was increased; for instead of eight years, it says the reader should be eighteen years old. You ought, therefore, to pay more attention to the

things written in the Basilics than to what is contained in the books which held authority before the purification, ^A but are now void.

11. Another scholium. Constant. 17, tit. 1, of the Novels, is the novella of Justinian 137, which is placed in book II of the Basilics, tit. 1, cap. 8, which same chapter is interspersed in cap. 23 of the present title, beginning in this manner: "We decree that as often as there is need to ordain a bishop." Regarding that person who is to be ordained bishop, that chapter explicitly says in this part: "But let them know the candidates are of the right and catholic faith, and of honest life, and have chosen those who are over the thirtieth year of age." This novella therefore abrogates, in so far as it pertains to the age of the bishop, novella 123.

Another scholium. From the present chapter ^B and what is written in it, you have learned the ages of those who ought to be ordained. But concerning those who in immature age receive offices or dignities, an edict of our Lord Alexios Komnenos, ever to be celebrated as emperor, has been deposited in the public secretum. You, however, know this also. It has it word for word: "Many, when they have announced some benefit to the republic, or have sought out of ambition to take, exchange, or sell any dignity or office whatsoever, transfer these to small children. So that this may not happen, nor such persons be seen to deceive or cheat, my Majesty decrees that whoever receives a dignity or office, whether because of a denunciation, or because of some benevolence, or because of ^C an exchange, or as a gift and largesse of my Majesty, or because we are pleased in our heart, shall not accept into his place any person who is being honored who is less than twenty years of age. But let all who receive either a dignity or an office for these same causes be older than twenty years. When, however, my Imperial Majesty, not for such a cause but with no intervening cause, has honored someone or presented them with an office, even if the one honored is less than twenty years of age, nevertheless, without doubt, let the insignia be bestowed upon him. Let this present document therefore be placed among the papers of our secreta, to show the manner of commanding and governing of my Imperial Majesty, and that in this way it may have force henceforward for all future time. But it must be added to the document ^D of him who is honored without a middle cause: 'Let it be bestowed.' And thus the aforementioned edict regarding those who are honored by my Imperial Majesty while less than twenty years of age will not be impeded. And let this be the sign of those who (as has been said) are honored without a middle cause: as though my Imperial Majesty had known this. In the month of January, indiction fifteen, by the Emperor."

Another scholium. The other chapters of the laws laid down herein concerning the ages of bishops, priests, deacons, and subdeacons are indeed upheld and are valid, because these things also pleased the canons. But why that which concerns the age of readers does not obtain, I do not see. For although the law says that a reader ought to be eighteen years of age

yet today those who are six and sometimes even three years of age are marked with the title of reader. Read therefore the 14th and 15th canons of the Sixth Council, which subject to deposition those who ordain deacons or subdeacons before they have completed their twenty-fifth year, or priests before their thirtieth year. But those who say that it is no sin if readers are marked before having completed their eighteenth year of age, because the canons make no mention of them, speak falsely. For where the canons determine nothing, we ought to follow the laws, or to infer similarities from similar cases. ^A

CAP. XXIX. — On the creation of those who are under bishops, and when and how they offer or communicate, and whom they ordain or not.

Canon 13 of the Council of Ancyra; canons 13, 14 of the Council of Neocaesarea; canon 10 of the Council of Antioch; Basil from his epistle to the bishops subject to him. ^B

CAP. XXX. — That there should be only seven deacons, even if the city is great.

Canon 15 of the Council of Neocaesarea; canons 12 and 16 of the Sixth Council.

Text. Const. 1, tit. 1 of the Novels, etc., up to “seventy-five doorkeepers,” as on p. 355.

Scholium. Const. 1, tit. 1 of the Novels is Novel 6 of Justinian. But this chapter of it was not placed in the Basilica. But the 9th constitution of the same title is Novel 3 of Justinian, placed (as it is) in Book 3 of the Basilica, tit. 2, cap. 1, in the penultimate section, which reads thus: “Wherefore we decree, that hereafter there be in the Great Church no more than sixty presbyters, and one hundred male deacons, and forty females, and ninety subdeacons, and no more than one hundred and ten readers, and twenty-five chanters: so that the entire number of the most reverend clerics of the Great Church consists of four hundred and twenty-five persons, ^C and one hundred besides the doorkeepers (as they are called).” And constitution 10, tit. 1 of the Novels is Novel 16 of Justinian, placed (as it is) in the Basilica, III, tit. 3, cap. 1, which you may also read, if it seems fit. For because it has ceased to be in use at all, it is not inserted here. Nor has this law alone ceased to be in use, but also the novel of Heraclius, of which mention is made in the present chapter. For on account of the inequality of circumstances, the Church has received another number of clerics from custom. For there is no one who does not know that, had the mercy of our excellent and holy emperor, and of his father (likewise) our holy emperor, not succored the Great Church, the number of clerics, on account of the straits of circumstances, would have been reduced to an altogether ^D small quantity, as it has been everywhere. Wherefore, we must pray for them, and not heed the ancient legislations concerning the number of clerics. For it is sufficient if we follow long-standing custom, and act according to it.

CAP. XXXI. — What clerics or persons of ecclesiastical ^A rank there are.

Canon 24 of the Council of Laodicea.

Text. Constitution 2 of Title 14 of the Novels says that presbyters, deacons, readers, cantors, are clerics. Nay, Constitution 6 of Title 3 of Book 1 of the Code mentions even exorcists and ostiaries.

Scholium. Constitution 2 of Title 1 of the Novels is the 123rd Novel of Justinian, placed in Book 3 of the Basilika, Title 1, Chapter 42, which does not contain exactly such a thing as the chapter says in the text, but explicitly sets forth these matters: "We command that presbyters, and deacons, and subdeacons, and readers, and cantors, whom we all call clerics, may hold under their own power the property which has come into their ownership in any way whatsoever, after the likeness of military *peculia*, so that they may be able both to give them as gifts according to the laws and to make dispositions concerning them. If, ^B however, they are under the power of their parents, yet in such a way that their children, or if these do not exist, their parents, may receive their legitimate portion."

Constitution 6, Title 3, Book 1 of the Code is placed in Book 3 of the Basilika, Title 3, Chapter 5; but the exorcists were omitted in the revision; for that chapter runs in this manner: "Every cleric, up to the ostiaries, shall be excused from personal duties." And these things are thus. But you, however, must know that the Church today recognizes other ostiaries and porters, and therefore we ought not to heed what has been written concerning these, but rather the prevailing custom. Those, however, are still called clerics today whom Chapter 42 of Title 1 of Book 5 enumerated, which was also partially inserted above.

Note. From this present law, and from it alone, it is evident that no one is freed from the power [patriarchal] by the fact that he is enrolled among the clergy. But do not interpret the fact that a cleric ^C who is subject to paternal power possesses property acquired by him in any way whatsoever in full ownership and right of usufruct after the likeness of military *peculia*, to mean that property which has come to them from legacies, inheritances, or gifts—which are called *profectitia* or *adventitia peculia*—is unacquirable; but rather [interpret it] solely of those things which have accrued to them on account of their office in the clergy. For thus must the expression "in any way whatsoever" be understood, so that the laws concerning *peculia* are not overturned by the present law. But seek also the 32nd canon of the Council of Carthage, which teaches something different from the present law regarding things that devolve upon clerics by reason of their clerical office and regarding things that ought to be left by them in wills; for I believe that the prescriptions of the canon should be preferred, even if this is not done by custom. ^D And these things are for the sake of the property of clerics and their subjection to paternal power. Furthermore, the Patriarchs of Constantinople, and he alone, liberate clerics from paternal power by the insignia of their magistracy. Concerning this matter, read what has been written by us in Chapter 36 of the present title. For the dignity of the episcopacy, immediately upon ordination itself, [liberates] from paternal power

just as we have explained more fully regarding this matter in the same chapter. ^A

*Another scholium.* Note that the Patriarch who composed the Nomocanon, when about to teach who the clerics are, referred [the reader] to canon 24 of the Council of Laodicea, which counts monks among the clerics. But I do not depart from what I wrote on canon 14 of the Seventh Council; read those things. I add to what has been written this too: that if it be granted that monks become readers by tonsure alone, then all tonsured monks, without distinction, would perform the duties of readers—even though they were tonsured by monk-priests who are not superiors of monasteries, nor have they received the authority to tonsure from a bishop; which is absurd. Indeed, this right would have to be granted to female monastics as well on account of the tonsure, which is far more absurd. Do not, therefore, listen to a bad custom, but seek [its] correction.

CAP. XXXII. — That he whose wife has committed adultery may not be ordained, and if a cleric's wife has committed adultery.

*Scholium.* Title 9 of book 9 of the Code was placed in book 60 of the *Basilika*, title 37, chapter 42. However, this chapter was omitted. The Novella of Justinian is placed in book 28 of the *Basilika*, title 7, chapter 1, theme 7, which in part says: "The woman who has committed adultery, subject to the appropriate penalties, is to be cast into a monastery; and if her husband wishes to take her back within two years, we give him the license to do so, that he may have her in marriage, and fear no danger from this—the marriage also not being harmed by those things which happened in the meantime." And this is the civil law. But understand this Novella to concern laymen. For the ecclesiastical law, or rather canon 8 of the Council of Neocaesarea, neither allows the husband of the adulterous woman to enter into the priestly ministry, nor does it allow a priest whose wife has committed adultery after his ordination to be a priest thereafter, but compels him to put away his adulterous wife if he wishes to continue serving in the priesthood. ^C

CAP. XXXIII. — That a cleric should not be ordained without a charge [absolutus], but strictly to a [certain] church or monastery.

CAP. XXXIV. — Concerning the circuitors, and the churches of the villages.

*Scholium.* Constitution 11, of title 3, of the Code was placed in book 3 of the *Basilika*, title 3, chapter 6, which has it thus: "From the same village in which the church is, according to the proportion

of the types, let clerics be ordained by the judgment of the bishop, and let them acknowledge their own capitation." The 16th constitution of the same title and book was not placed in the *Basilika*. But the 2nd constitution of the 1st title of the *Novellae* is the 123rd novella of Justinian, and it was placed in book 3 of the *Basilika*, title 1, chapter 38, which has it thus: "We allow those who are *ascriptitii* in those possessions only where they are *ascriptitii*, to become clerics even against the will of their masters: on this condition, however, that while becoming clerics they nonetheless fulfill the agriculture imposed upon them." Know, however, that this novella, which treats of the *ascriptitii*, had a different form before the *Corpus Novellarum* was compiled, and was written differently in the *Corpus*, and was transposed into the *Basilika*. For previously it made mention of the capitation (which is also called *capita* by the Latins), and it was ordained that the *ascriptitii* perform rural duties through substitutes. But in the *Corpus* [of the *Novellae*], the ^A other of these (namely, concerning the capitation) is not included.

Wherefore, as concerns the capitation or the *canonarium* tribute, you ought to refer to the law inserted above, and placed in book 3, chapter 6; but as concerns the *ascriptitii*, you ought to refer to the 57th canon of the Council of Laodicea, and to the 123rd novella of Justinian, or chapter 38, title 1, book 3 of the *Basilika*, which is likewise inserted above. Regarding the *canonarium* tribute, and the customs which are given for an ordination, the golden bull of that illustrious emperor Isaac Komnenos holds force in the republic to this day, which reads in part: "My imperial majesty has decreed that even in the ordination of priests and in the *canonaria* tributes, the old form should retain its authority: and that the bishop who ordains should receive nothing more in an ordination than the estimated coin of my imperial majesty, namely seven gold pieces: one, to wit, when he makes him a simple cleric or reader; three, when he ordains him a deacon; another three when he makes him a priest or presbyter. Likewise, for the *canonarium* tribute, from a village having thirty households, a similar gold piece, two silver, one ram, six *modii* of barley, six measures of wine, six *modii* of flour, thirty chickens: from a village which has twenty households, two-thirds of a gold piece, and for two silver, one silver *mesarnon*, half a lamb, four *modii* of barley, four measures of wine, four *modii* of flour, and twenty chickens: finally, from ^B a village which has ten households, five silver, one lamb, two *modii* of barley, two measures of wine, two *modii* of flour, and ten chickens: just as these are written down in the seals of the ancient *Actuarii*. And the consistent deposition of all the themes has presented this to my majesty." Along with such a golden bull, a synodal record was also created on the 15th of the month of November of the 10th indiction, by that most holy patriarch Lord Nicholas, commanding that the *canonaria* tributes and those for ordination be given according to such a golden bull.

Note. This is necessary for the canonical questions among the archpriests, and perhaps [that which is] not being given, for the majority of the laity do not willingly give to their archpriests the canonical [fees], citing the evangelical word, "Freely you have received, freely give," which is inapplicable, for it is not a wage that is given from sustenance to an archpriest as grace.

CAP. XXXV. — That the clergy of poor-houses, monasteries, and chapels be under the bishop of the city.

CAP. XXXVI. — Concerning slaves who become clergy.

Text. The 36th constitution, tit. 3, book 1 of the Code, it says, etc., up to *quis liberetur* (who may be liberated), as on page 559.

Scholium. Tit. 3, lib. 1 of the Code was placed in book 3 of the *Basilica*, cap. 2. However, this chapter was omitted in the revision and was not put [there]. The 2nd constitution of tit. 1 of the *Novellae* is Justinian’s *Novella* 123. It was put into book 3 of the *Basilica*, tit. 1, cap. 37, having [content] as follows, as it was summarized: That *ascriptitii* (registered slaves) are to be liberated is part of the same novella 123, and it was placed in book 3 of the *Basilica*, tit. 1, cap. 11, which has it thus: "But after the ordination, we order that the bishops are to be free from the servile *ascriptitii* status, unless he was ordained as a *cohortalis* (member of a military cohort) contrary to the afore-mentioned observation. For we order such persons who are moved from the bishopric to be restored to their order, lest an indignity to the priesthood arise from such a status." Furthermore, Justinian’s 81st novella is placed in book 31 of the *Basilica*, tit. 5, cap. 1, which in the beginning has: "We decree that ordinary consuls..." And the same novella subsequently commands that whoever has magistracies, dignities, and offices should be of their own right, even if they have not been emancipated by their father. ^A Yet the 9th, 10th, and 11th *Novellae* of the Emperor Lord Leo the Wise command that if a slave, without the knowledge of his master, has been made a cleric, or a monk, or a bishop, he shall be restored to his former master. Therefore, when you have learned from the 11th chapter of tit. 1 of book 3 of the *Basilica* that even those who are of servile *ascriptitii* status [yet] honored with the episcopal dignity are liberated, do not oppose it to the 37th chapter of the same title and book, which says that the slave is not otherwise to be liberated, even if he be enrolled [in the clergy], unless a notification to the master also follows; but understand that chapter according to this. For those who say that the slave is liberated because of the episcopal dignity, even if he becomes a bishop against the will of his master, do not speak correctly. ^B For such a chapter is interpreted from the subsequent chapter: for both are of one novella, and the prior chapter, namely the 11th, shall certainly be interpreted by the later one, namely the 37th chapter. And the *Novellae* of the Emperor Lord Leo the Wise, which you should read with diligence, restore both the one who is enrolled [in the clergy], and the one who has become a monk, and the one who has become a bishop—if the slave were deemed worthy of any such thing while the master was in ignorance—to his former servile status. Moreover, after I found the 10th novella of the same Emperor Lord Leo the Wise (which formerly could recall a fugitive slave who had become a monk up to three years; but this at the time ^C ... ^D

of its expiration, the master did not recall him, and he is consequently excluded), I sought with the greatest ^A diligence for the law of the three-year period, but did not find it, save that one which is placed above, which says that the master can investigate his own servant within a year as to whether he has become a cleric. Therefore, I am forced to follow what has been established by the Wise One. I truly believe that if anyone wishes to attenuate that, he would not be in great ambiguity. For if it says this, that the master investigates the fugitive servant who has become a monk until he appears, completely the opposite ^B of the claim that the servant who is not in flight, but is manifest, the master will recall only within three years: and if he has not done so, he will be excluded from this—which the dicta of Justinian’s novella declares must be done within a year. If you interpret it in this way, the novellae of the Emperors will be reconciled, except for the time alone, which is extended to three years for the sake of consoling the master. From Justinian’s novella 123 (which, as has been said, is placed in Lib. III Basil., tit. 1), it is established that after their ordination, bishops are free from the condition of adscriptitii (serfs) ^C of the soil: and likewise from novella 81 (which is placed in Lib. XXXI, tit. 5, cap. 1), which commands that whosoever has been honored by the emperors with dignities or prefectorial offices be liberated from paternal power even without the father's will—from this, I say, some have said that ecclesiastical magistrates also, as soon as they have been distinguished with dignity, are both illustrious and are called so, and become independent of others: using also the novella oracle of the most famous emperor and apostle-like holy Constantine to the holy Sylvester, who was Roman ^D Pope at that time, which has been inserted by us in the scolion, cap. 1, tit. 8 of the present work, which declares that the Roman Pope has the power to honor with dignities the clerics who are under him, just as the emperor honors those who are established under him; and that the holy synod is the same as the emperor’s senate. And likewise by the laws similarly inserted by us, which declare that the Church of Constantinople has the privileges of ancient Rome. Others, however, on the contrary, using the end of novella 81, which is placed in tit. 5 of lib. XXXI, and which states this word for word: "But it is manifest that there is no one who is ignorant that, before all things, even to the most religious bishops, along with their ordination, the right of power accrues (for who are the spiritual Fathers of all, how could they still be subject to the power of others?)"—have attempted to assert that bishops are free from paternal power solely by the episcopal dignity: but that ecclesiastical magistrates do not become independent of others by the patriarchal seal. For surely, they say, this would also have been added to the novella. But it seems to me that these men do not speak correctly. For the novella oracle of holy Constantine,

^A which established that the Roman Church is glorious in dignities just as the imperial majesty itself, was not abrogated by Justinian’s novella. But since episcopal dignity is conferred not only by patriarchs, but also by metropolitans, and because some were on this account hesitant as to whether all bishops become independent (*sui juris*), Justinian’s novella decreed that all bishops become independent, even if they are not ordained by patriarchs. Whence I also say, without a doubt, that the magistrates of the Great Church are illustrious, and that they ought to be honored like the fathers conscript of the sacrosanct senate, according to the oracle of divine Constantine and the other laws mentioned above. And this is a ^B specific privilege for the magistrates of the throne of the Church of the Constantinopolitans, by reason of the ordinance of holy Constantine. For the magistrates of other patriarchs, and moreover even those of metropolitans and bishops, shall not be deemed worthy of the same privileges.

Another scholium. From the novellae inserted into this present chapter, gather and say that slaves who are made clerics, or even bishops, against the will of their master, return to their former master even against their will, and gain no advantage from their ordination. Say likewise that the master cannot recall these indefinitely, but within a triennium, to be calculated after he has learned of the matter. ^C Furthermore, say that although the law teaches that the one interrogated, who does not contradict but remains silent, is held to consent in a matter that is advantageous to him, but is held to refuse in a matter that is damaging; in the present case, however, one who knows of the ordination of his slave and does not contradict, even if he is damaged, is regarded as consenting. And this is a special provision for the sake of liberty. Finally, say that it is by ordination to the episcopate alone that those who are subalterns become independent, and not by ordination to just any clerical rank. Furthermore, the insignia of the magistrates of the Patriarch of Constantinople emancipate those who are subject only to his patriarchal authority. But the fact that the revocation of an ordained slave is extended to the master for a ^D triennium is taken from the novella of the lord emperor Leo the Wise; and although it is burdensome for liberty and brings an impediment to it, it nevertheless has force on account of law and equity.

Chapter XXXVII. — On deaconesses, and that a woman may not become a priest.

Chapter XXXVIII. — On the sins which are remitted through ordination.

TITLE II.

CONCERNING THE CONSTRUCTION OF CHURCHES, CONCERNING SACRED VESSELS AND DONATIONS, AND CONCERNING CLERICS WHO ERECT ALTARS AGAINST THE WILL OF THE BISHOPS.

CHAPTER I. — On the construction of churches, and the dedication of martyria holding no relics of the saints.

Text. In chapter 14, title 3, of the present work, etc., up to *[debere] magis- ^A tratus cogere*, as on page 663.

Scholium. Constitution 15, tit. 2, lib. 1 of the Code is placed in Book V of the Basilica, tit. 1, chapter 7, having the form in which it is compendiously proposed in the text. Read, however, the chapter of title 3, book V of the Basilica, which is a novel of Justinian, and establishes virtually the same thing as is inserted in the next following scholium. Constitution 45, tit. 3, lib. 1 of the Code is not placed in the Basilica, and you should not attach yourself to it.

In the month of March, indiction 14, a certain novel was issued by our holy emperor, the lord Manuel Comnenus, which in part establishes these things: With these we also join, by way of confirmation, those things which have been written before. Many men, in their final testaments, leave behind ^B procurators or executors of those things which they have prescribed, and to them, having written down "Christ"—that sweet and pure and saving name—as their heir, they enjoin the dispensation and administration of their goods. They seem to do this when they command their wealth to be distributed to the poor. For when a beggar receives, Christ stands by, and together with him [of the giver] empties the hand. For in that he says: " inasmuch as you did it to one of these least brothers of mine, you did it to me." We therefore command that whenever such procuratorial dispensations and distributions for pious causes are proposed, which tend toward the right guidance of the soul, and toward the education and support of orphans, the elderly, and the poor: in these cases, delays of judgments ^C and the resulting empty lapses of time shall have no place. For it happens from this that the souls of the departed suffer harm, and the laws established for the common good and utility of all are turned into the opposite. For my imperial majesty does not judge it just that the order which prevails in other trials should be usurped in cases of this kind: but that the ambition of such matters ^D

^A should be resolved from there, without a petition being presented, but with an announcement of three days, or even extending to a fourth; for with no judicial matter being introduced, there shall be an examination of the rights belonging to each, and both parties shall be summoned without any deferral of the day, and both parties shall be required to present whatever they deem to contribute to their case without any delay, and thus, within a short time—perhaps monthly, or even extending to a second month, according to what seems proper to the judge—the emerging ambiguity should receive a fitting resolution, while the laws naturally remain in their proper standing and stability. Those who do not demand that the successors of the deceased be dragged into court immediately after his death, but after the passage of some days, as has been more fully prescribed concerning these [matters] for the imperial [officers]. If, however, an administrator should seem to be maneuvering for delays, and should be caught acting craftily, and should proceed to postponements, not doing as the testator directed, he shall be removed from the administration and stewardship of the things of the deceased, and this shall be entrusted to those whom the emperor shall appoint; or, if he perhaps is away, the eparch of the city, together with the steward of the most holy Church, shall perform his administration and management, being required to render an account of the things managed in such cases to the emperor, or, if perhaps he is away, to the most holy patriarch, if it happens that the emperor is away, and they do not fulfill the wishes ^B of the deceased according to his command.

Text. The 3rd constitution of the 2nd title of the Novels, etc., up to the 45th constitution, establishes it, as on page 566.

Scholium. The 3rd constitution of the 2nd title of the Novels is a Novel of Justinian, [and it is] placed in Book V, Title 3. But those things which are proposed in summary are of the same title, chapter 9, which has [it] thus: "But if anything has been left for the redemption of captives, and the testator has not stated by name through whom the redemption ought to be performed, we likewise command that the bishop of the places and his steward take the things left for this, and fulfill such a pious work. For in all such pious intentions, we also wish the most religious bishops of the places to provide care, so that all things may proceed according to the will of the testator, even if it has been strictly forbidden to them by the testators or donors to have any business with them. But if those who have been ordered to carry these out, being admonished once and again ^C by the most blessed bishop of the places and his stewards through public persons, delay to fulfill the things that have been arranged, we command that they lose all the profit left to them by the one who ordered these things; but the most religious bishops of the places shall vindicate all the things which have been assigned to such pious causes, as it is said, with the fruits and the additions of the intervening time, and the aforementioned temporary profit, and fulfill what the testator has arranged, knowing that if they themselves should act more negligently, they will be about to render an account to God for all these things. Indeed, if the most religious of the places

^A bishop should omit anything of what we have spoken, it shall be allowed also for his most religious metropolitan to demand and fulfill these things, and for any other person it shall be permitted to move such an inquiry and to strive so that in every way such pious causes may be fulfilled. But if the heir does not fulfill what has been left for pious causes, saying that the patrimony left to him does not suffice for these, we command that all of the profit that is available from the Falcidian portion, whatever is found in such property, shall, through the providence of the most holy bishop of the places, proceed entirely into the causes for which it was left. But if a legacy should be left by someone for pious causes, we command that within six months, to be counted from the publication of the will, this be provided by all means to those for whom it was left. But if those who are burdened with this should delay in providing such a legacy, both the fruits and the interest, and every legitimate increment, shall be exacted from them from the time of the death of the one who left it. ^B If an annual legacy should be left to any venerable house, if indeed those who were bidden to give it, or the place from which it was bidden to be provided, is in the same or a neighboring province, we command that such a legacy should in no way be alienated. But if the places or persons from which or by whom this was bidden to be given are in more remote parts, then it shall be entirely for those to whom it was left, if also the party involved consents, to exchange the legacy and take in its stead some fertile return near at hand, and with an addition which contains no less than the fourth part of the quantity left, and that is not burdened with many public charges. But if they wish to sell such a legacy, let them take no less in the name of the price than is gathered from such a legacy over thirty-five years: provided, however, that such a price proceeds to the benefit of the aforesaid venerable house to which it was left. ^C Likewise also chapter 7 of the same book and title, which reads thus: If anyone in his last will should ordain that an oratory, temple, or xenon, or almshouse, or orphanage, or hospital, or other venerable house be built, we command that the oratory be completed within five years, by the providence of the bishop of the places and the civil magistrate; but let the xenon, or almshouse, or other venerable house be built within one year. If within a year the heirs do not make the xenon or any venerable house whatever, which the testator ordained to be built, we command that they either buy or rent a house where they may be able to carry out what was bidden, until such a venerable house is completed. And if indeed the testator himself defined who should be the xenodochi, or almshouse-keepers, or other dispensers of that kind, or has granted his heirs the option in this matter: we command that by all means the heirs satisfy those things which were arranged by him: ^D with the most blessed bishops of the places to inspect whether the administration proceeds properly; and, even if they should discover those who have the administration to be worthless men and of no good standing, they shall have the license, so that without loss

if the administration proceeds well, and if they find the administrators are not useful, they have the liberty, without penalty, to appoint others suitable in their place. Note, from the novels inserted here, that the typika made by the founders, if they are not contrary to the canons, are valid; and that the bishop of the place, and his steward, compel—even if they are unwilling—not only the successors of those who donated certain things for the sake of a pious cause, but also the very donors themselves, to give what was donated, even if this was not granted to them by the testator: indeed, even if it was forbidden, and that those things which are left for pious causes do not admit the Falcidian portion; and that it is permitted for bishops to remove from the administration of venerable houses those stewards left by the possessors, if it is evident that they are wicked, and to appoint others. Having noted these things, say that those things written in the typika by the possessors for the sake of not allowing the local bishops to participate at all in the monasteries founded by them, are null and void. Likewise, also, the memoranda of the bishops that stipulate that the bishops who come after them ^B should not participate in the monasteries, and the excommunications brandished on account of this from transgression, are overturned as groundless upon the heads of those who excommunicated.

Text. It says, Book I of the Constitutions, tit. 8, etc., up to *nor can it be sold*.

Scholium. The 1st Constitution of the 8th title of the 1st Book of the Constitutions is Book XLVI of the Basilika, title 3, chapter 1, having it just as it was written. The 6th constitution is chapter 8 of the same book and title, which in every respect is similar to the constitution. Likewise also the 8th, 9th, and 10th, from the 1st and 6th title of the 2nd Institution, are as they were written in the Institutes. Seek, therefore, from these to learn more perfectly those things written in the present treatise.

But that which has become sacred without the consent of the priests is not sacred, as I think, but only in so far as it is considered episcopal, and has the privileges of the Catholic Church, and is not considered private; since, so that it may not be recalled to common uses—even if it is not named sacred—it is nevertheless holy. And that which was built without the prayer of a priest, even if it falls down, as it is holy, it will not again be led to common uses. The 7th constitution of the 16th title of the 1st Book of the Constitutions is Book VI of the Basilika, title 2, chapter 9, having it just as it was written. The 60th constitution of the 14th title of the 2nd Book is Book XI, chapter 60, saying the same things. The 21st constitution of the 2nd title of the ^C Book is Book XV, title 1, chapter 23, theme 2, having it just as it was written. The 14th constitution of the 1st title of the 8th Book is Book LVIII, title 1, chapter 14, last theme, having it in the same way. The 36th constitution of the 7th title of the 19th Book of the Constitutions is Book LIX of the Basilika, tit. 1, chapter 3, last theme, saying: “Society is dissolved when the persons, or the thing, or the action, or the intent is destroyed.” Of a person in the case of a major or medium change of status, or death; and the thing is destroyed when it is either entirely non-existent, or ^D

^A consecrated or published. Digest 5 and tit. 1, book XVIII, Digest is book XIX, tit. 1, cap. 4, which says the same. And the 73rd decree of the same title and book is book XIX, tit. 1, cap. 73, which reads as it is written.

Know that things which are not consecrated, although they are holy, are sold, given as gifts, and acquired by usucapion, and are possessed by right of time. But sacred things are in no way subject to the dominion of any person; and he who steals a sacred thing is punished as a sacrilegious person, but he who steals a private holy icon is held as a thief. There are also many other differences between these things. Yet if someone asks, how are monasteries and reliquaries sold? Let him hear that no such thing is either bought or sold. But the right which pertains to someone in these things is both sold and bought. For he who knowingly buys a sacred place or vessel loses the price [paid] and is punished. And consult the book, title, and chapter. ^B For from certain reasonable causes, sacred things are sometimes also sold. And consult the 1st and 2nd titles of the 5th book. For they teach concerning churches, monasteries, and venerable houses: [then] also concerning their property and legal rights: and [lastly] concerning the alienation and emphyteusis of ecclesiastical property. ^C

Text. And book, tit. Digest 5. Correct, etc., up to that more powerful one, at page 567.

Scholium. Digest 5, tit. 1, book XXIV, Digest is book XXX, tit. 1, cap. 5, theme 8. If I have given a monument of great value, not yet dedicated, to my wife, the [donation] is valid, after she has buried someone in it. But if she herself has been buried in it, it becomes religious by reason of the burial; [therefore] I also rightly give to my wife for an offering to God: or a place in which she may perform a public work which she has promised, or a sacred temple: and the place becomes ^D sacred. Digest 10, tit. 1, book XXVII is book XXXVIII, tit. 10, theme 2, cap. [and] 11 and 12, which have it thus: A curator of a madman may rightly alienate his own property as if it were the madman's; but not the madman's as if it were his own. Yet he may pledge it for the benefit of the madman, but he cannot dedicate the madman's property. Digest 39, book XXX, is book XLIV, tit. 1, cap., last theme: If anyone bequeaths public or private sacred things of the prince, he seems to be mad: nor is their value paid, since they are by no means sold. But indeed [private property] of the prince [is sold] not without his own command. Digest 1, tit. 1, book XXXIX, Digest is book LVIII, tit. 1, cap. 1, theme 2. A change in new work pertains to future works. For if [something] has already been done, [an interdict] which [is applied] if by force or secretly, what has been done [may be restored, or that] from a religious place, or from a sacred place, or from a public river, or from a public bank, has a place. Digest 17, tit. 3, is book LVIII, tit. 13, cap., theme 14, near the end: If a sacred place, or a sepulcher, or a holy site, is situated between us, servitude cannot exist. Dig. 31, tit. 1, book XLI is tit. 2, cap., theme 2, book L. I cease to possess what another has taken from me and [where a monument] has been placed, and what has been made sacred. Take note, however, in

^A therefore, that in the purification, the part of the law that says: "Even if we do not hold it as such, we hold it as private property," was not included in the text. And for this reason, you ought to pay more attention to what is set forth in the Basilika. The ninth decree of the third title is book L, title III, chapter IX: Corporal things are acquired by prescriptive possession through the passage of time, with the exception of sacred or holy things, or public things, or those of the Roman people, or of a city, or of free men. ^B The 80th and 2nd decree of the first title of the 43rd book of the Statutes is book LVIII, title XIV, chapter II, the penultimate theme: Legitimate interdicts are applicable for the sake of divine law, just as it is: "Do not do anything in a sacred place; or, should it have been done, that it be restored; or concerning the bringing in of a dead body or the building of a tomb." The first decree of the third title is title XV, chapter I, of the 58th book, which reads as follows: "The praetor says: I forbid doing anything in a sacred place or bringing anything into it." This is appropriate for a sacred place, not for a profane one, not because it is meant to be adorned, but so that it might not be damaged. For the care of sacred places belongs to those who look after them. The second decree of the 8th title of the 43rd book is book LVIII, title VIII, chapter V, ^C themes 11 and 12, which read as they are written in the text. The third decree of the title of the 45th book is book XXVII, chapter IX, saying what is written in the text. Someone will ask: "For what reason was the part of this law that says, 'Even if we do not hold it as such, we hold it as private property,' not included in the Basilika?" It was legislated in chapter 13 of the 4th title of the 40th book that the possessor in good faith, having received notice that he is possessing another person's property, should not have that prescriptive possession interrupted. For this reason, then, it seemed unjust to the author of the purification if the possession of the good-faith possessor should be broken because that which he possesses in good faith has been consecrated to God. And this seemed indeed much more ^D unjust if someone had not sensed this from a judge and had possessed it as if it were private. And on account of this, the part of the law which has, "Even if we do not hold it as sacred, but as private property, we possess it," was not received. Here, by "holy things," do not say "private holy things," but rather monuments, which are also called religious. For private holy things, provided they are not consecrated, are subject to ownership.

Text. Book XLV, tit. I, digest. 38: "Rightly I ask of you, etc."

Scholium. The 38th decree of the 1st title of the 45th book is book XLIII, tit. I, cap. 17, theme 5, which reads as follows: "Rightly I stipulate from you that you produce him, or that you build a sacred temple or a religious place." For leasing in such places is valid. And the 83rd decree thereof is book XLIII, title I, chapter 83, theme 4: "I cannot stipulate for a sacred thing, nor for a religious one, nor for one set apart forever for public use; nor for a free human being, even if a slave might become free; and the sacred or the public is private. For if I am asked for a private place or a slave and it happens that the place is consecrated or the slave is freed without my fraud, I am freed."

And theme 7 of the same chapter says: I cannot stipulate for a free man under the condition that he will become a slave, nor for a sacred or sepulchral place that it will become private. For we can only stipulate for those things which, at the time of the stipulation, can be subject to our uses and dominion. The 91st decree is book 43, title 1, chapter 11, theme 2, containing almost the same things which the patriarch wrote more fully. The 137th decree is of the 43rd book and title, chapter 137, theme 4, saying: I stipulate invalidly under a condition which is prohibited by law, for instance: "Will you give, if Peter sells a sacred thing, or a sepulcher, or one set apart for public use?" even though it is possible that the law concerning such things may be changed. The same holds if the condition is impossible by nature. However, a lease concerning a sacred thing is valid if it is entered into for the sake of constructing the sacred place, but not for handing over the sacred place itself. For if anyone hires a monastery under a lease, not only will he not derive any benefit from the lease, as it is unlawful and invalid, but he will also be punished. For those who hire, and those who take over monasteries through agreements, as they have entered into a contract reprobated by law, should fear the condemnation of God and the law. ^A

Text. Lib. 47, tit. 22, and lib. 57, tit. 4, Dig. "He who with arms," etc., to "are not public," as on page 570.

Scholium. Dig. tit. lib. 47 is lib. 60, tit. 32, cap. 2: Whoever has formed a college against the law is liable to the same penalty to which those are held who occupy a public or sacred place with arms. Dig. 4, tit. 4, lib. 48 Digest. is lib. 60, tit. 36, cap. 1: The law concerning those who plot against the majesty of the state is similar to the law concerning sacrilege. And that person is liable who has committed some act against the Roman people. And whoever has caused, with evil intent, that hostages should be killed without the prince's order; that armed men should be in the city against the city; that some place or temples should be occupied, or a seditious gathering formed; that a magistrate should be killed. And whoever has sent a message or letters to the enemies, or given them a signal, or otherwise aided and flattered them. Finally, whoever has stirred up soldiers to sedition or tumult against the republic. Dig. tit. lib. is lib. 2, tit. 2, cap. 17, which says thus, near the beginning: Among public things are not contained sacred things, nor religious things, nor those which are destined for public uses: but if there are any belonging to cities, such as their property. ^B

Text. Lib. 33, tit. 1, digest. 20: If I shall have bequeathed, etc., to "the heir shall be compelled," as on page 570.

Scholium. Dig. 20, tit. 1, lib. 33 Digest. is the final theme of cap. tit. lib. 44, which stands as it is set forth in the summary. Dig. tit. lib. 24 is Basil. lib. 44, tit. 14, cap. ^C

17, which has the following, just as it was compendiously proposed. Digest 35, tit. 12, lib. 40 is lib. 48, tit. 8, cap. 35: When someone built an oratory and assigned slaves to it, these shall be the heir's. Digest 5, tit. 1, lib. 24 is Basil. lib. 30, tit. 1, cap. 5, theme 8, which partly has it as set forth in the text. Digest 37, tit. 2, lib. 34 is Basil. lib. 44, tit. 15, cap. 37, the final theme, which has it thus: If I should say that crosses are to be made from a hundred pounds and dedicated in this temple, and all that are in the same temple are of silver and bronze, the heir ^A is compelled to make the silver ones, but he does not give the bronze, and then the gold ones.

Text. Lib. 35, tit. 2, Digest 1: In these things, etc., up to “and by group.” ^B

Scholium. The 1st constitution of tit. 2 of the 35th book of the Constitutions is Basil. lib. 41, tit. 1, cap. 1, theme 3, saying in part that even things bequeathed to God are subject to the Falcidian portion. Outside of this same chapter, Palæus expresses the same thing as follows: The Novella 131 concerning various ecclesiastical chapters does ^C not permit the Falcidian portion to diminish things bequeathed for pious causes. The Scholiast, however, says: I think these things, as with the present constitution, were abrogated by the 131st Novella which is found in tit. 3 of book 5, and he immediately teaches more broadly how this law was abrogated. And these things indeed were said by the Scholiast and Palæus; but it seems to me that they did not correctly understand the Novella. For things left for pious causes are not given without the Falcidian portion being maintained indiscriminately; but if the heir should act craftily ^D concerning the giving of the bequest, he loses the Falcidian portion due to him and gives the bequests, as the Novella says; but if he acts in good faith concerning the giving of these, he receives the Falcidian portion due to him. For the same Novella says, being placed in book 5, tit. 3, cap. 9, in these express words: But if the heir does not fulfill what was left for pious causes, saying that the patrimony left to him is not sufficient for these, we order that all the profit that is vacant from the Falcidian portion, whatever shall be found in such property, shall by the providence of the most holy bishop of the places proceed entirely to the causes for which it was left. Seek also the whole of chap. 9, and read it, as it is necessary. The 2nd constitution of the 12th tit. of the 50th book of the Constitutions is Basil. lib. 54, tit. 14, cap. 2, having it as it was written in the text. The 1st constitution of the 2nd tit. of the 1st book of the Code is cap. 1 of the 1st tit. of the 5th book, having it as it was summarized in the text. The 13th constitution of the same title and book was not placed in the Basilika.

Text. Const. 19: What donations, etc., up to “receives what was left.”

Scholium. The 19th constitution of the 2nd tit. of the 1st book of the Code is cap. 8 of the 1st tit. of the 5th book of the Basilika, having it verbatim as it was written in the text. Note, however, that

the 22nd constitution was placed into book 5, tit. 1, cap. 10, though not as it is in the text, but differently: for it states: "Let not a church, or a pious house, or a monastery be inscribed for profit." Note, therefore, that this is very useful regarding those who endow monasteries, and those who sell and buy pious houses. Constants 23 and 25 ^A were not placed into the Basilika. But you should know that, even if such a constitution determines that pious houses are to be rejected only by a cycle of one hundred years, yet cap. 1 of Justinian’s 141st novella, or the final chapter of tit. 2, book 5 of the Basilika, expressly decrees these things: "Every claim pertaining to a venerable house, whether personal or mortgage-based, does not exceed the forty years of temporary prescriptions which apply to each such pious house, while observing, however, their own respective times."

Text. And tit. 3 of the same book, constitution 24, says "ratum," etc., unto constitution 55, as on pages 572-574.

Scholium. Constitution 24, tit. 3 of book 1 of the Code is book 44, tit. 18, cap. 34. It was not placed into the Basilika as the Code suggests, but the Basilika says it thus: "What is left to the poor should not be considered as uncertain." Constitution 28 was not placed into the Basilika. Constitution 3, tit. 2 of the Novellae is Justinian’s novella 131, which is placed in book 5 of the Basilika, tit. 3, cap. 8, which reads thus: "But if anyone, for the redemption of captives, or the sustenance of the poor, leaves an inheritance or legacy in items movable, or self-moving, or immovable, whether once or annually, and in all ways according to the testator’s wish, let it be fulfilled by those who were ordered to do this. But if he has not specifically said to the poor of which place he left these things, we command the most holy bishop of the city in which the testator had his domicile to receive those things and distribute them among the poor of the same city." Furthermore, constitution 45, tit. 2 of the Novellae was not placed into the Basilika, likewise neither was constitution 55 of the same title and book. ^B

Text. But constitution 3, tit. 2 of the Novellae says concerning such a legacy: "Si qui," etc., unto "relictum est," proceed as on page 574.

Scholium. Constitution 3, tit. 2 of the Novellae is Justinian’s novella 131 and is placed in book 5 of the Basilika, tit. 3, cap. 9, which is also inserted in its entirety at the beginning of the present chapter, beginning thus: "Sed et si quis pro redemptione captivorum."

Text. Constitution 48, tit. 3 of book 1 says: "Quod quis," etc., unto "modorum hanc" is excluded, as on pages 574-575. ^C

Scholium. Constitution 48, tit. 3, book 1 of the Code is not placed in the Basilika; but constitution 3, book 3 of the Novellae is Justinian’s novella 131, placed in book 5 of the Basilika, tit. 3, cap. 8, which was also inserted in the second scholastic note above. Constitution 52, tit. 9 of book 1 of the Code is not placed in the Basilika.

Text. But constitution 3 of the 2nd title of the Novellae, etc., unto "relictum est."

Scholium. The 3rd constitution of the 2nd title of the Novellae is Justinian’s novella 131, lying in book 5 of the Basilika, tit. 3, cap. 9, which was laid out in its entirety at the beginning of the present chapter, beginning thus: "Si autem pro redemption captivorum." ^D

Text. But the 48th constitution of the 3rd title of the 1st book says, etc., unto "excluditur modorum."

Scholium. The 48th constitution of the 3rd title of the 1st book was not placed into the Basilika. But the 3rd constitution of the 2nd title of the Novellae is Justinian’s novella 131, lying in book 5 of the Basilika, tit. 3, cap. 8, and was laid out in the previous passage recorded. The 1st constitution of the 2nd title of the 1st book of the Code is not

^A put into the Basilika. However, the 2nd constitution of the 17th title of the Novels is Justinian’s Novel 123, and it was placed in book 4 of the Basilika, tit. 1, cap. 5 and 6, almost just as it stands here.

Text. The 1st and only constitution of the 48th title of the 4th book of the Code says, etc., until... the damage that has occurred.

Scholium. The 1st constitution of the 48th title of the 6th book of the Code is placed in book 44, tit. 18, cap. 30, and you should seek this out, for it treats around the middle everything written in the text. But the things said to be comprised in the 27th title of the 3rd Institute were not placed into the Basilika. However, the 2nd constitution of the 2nd title of the Novels is chapter 18 of the 2nd title of the 5th book, and it says almost the same things. But the 1st constitution of the same book of the Novels was not placed into the Basilika.

CAP. II. — Concerning sacred vessels and offerings.

Apostolic canon 73; of the 1st and 2nd council assembled in the church of the Holy Apostles, canon 1 and 40; from the letter of Cyril to Domnus, cap. 2.

Text. The 17th constitution of the 2nd title of the 1st book of the Code says, etc., until... except for the ransoming of captives.

Scholium. The 17th constitution of the 2nd title of the 1st book of the Code was not placed into the Basilika, nor was the 21st. The 62nd constitution of the 1st title of the 17th book of the Digest is book 19 of the Basilika, tit. 1, cap. 62, theme 2, which has it as it is written in the text. The 1st title of the 2nd Institute was not placed into the Basilika. The 1st constitution of the 2nd title of the Novels is Justinian’s Novel 131; but this chapter of it was not placed into the Basilika. ^B

Text. The 2nd constitution of the same title says, so that the sacred vessels, etc., until... and an action does not arise from this.

Scholium. The 2nd constitution of the 2nd title of the Novels is Justinian’s Novel 120, placed in book 5 of the Basilika, tit. 2, cap. 21, having it just as it was taken into the text. The 13th constitution of the 18th title of the 1st book is book 6, tit. 1, cap. 42, which has it thus: "Let the governor take care of the peace, seeking out sacrilegists, kidnappers, thieves, and receivers, and pursuing them for their crime with punishment." The 4th constitution of the 2nd title of the 10th book is book 42 of the Basilika, tit. 3, cap. 4, theme 2, saying: "With debts excepted, the remaining ^C things are brought into the court of division of an estate, and evil medicines, and magic books, and similar things. And it is the duty of the judge to destroy such things immediately. But things acquired by sacrilege, or things stolen from the people, or acquired by force or by assault, are not divided. But you should know that everything that the deceased possessed in good faith is not brought into the court for partitioning an estate, but is kept for its own master undiminished." The 26th constitution of the 1st title of the 45th book is cap. 24 of the 1st title of the 43rd book, saying the same things. ^D

"Shameful stipulations are of no validity, as when someone agrees to commit a crime or sacrilege; for no lawsuit arises from such obligations." ^A

Another scholium. The 1st constitution of the 4th title of the 48th book of the Digest is the 60th book of the Basilika, title 36, cap. 1, which says: "The law concerning those who plot against the majesty of the state is similar to the law concerning sacrilege; and he is held liable by it who has committed an offense against the Roman people; and whoever has by malice, contrary to the command of the emperor, caused hostages to be killed, or that armed men be in the city against the city, or that some place or temples be occupied, or a seditious assembly be convened, or that a magistrate be killed; and whoever has sent a messenger or letters to the enemy, or given them a signal, or otherwise aided them, or has intrigued with or stirred up soldiers to sedition or riot against the government." The 1st constitution of the 13th title of the same book of the Digest is the 60th book of the Basilika, title 45, cap. 2: "The action for peculation is moved against him who has taken anything from sacred, religious, or public funds, or has converted it to his own use, or who has by malice caused any of these things to occur; except for those things permitted by law, and those who have maliciously prepared for any of these things to happen, and he who has mixed brass or any other harmful substance with public gold or silver." The 4th constitution is not placed in the Basilika. ^{B C}

Positive law. Digest 6: "Ex sacra aede privatas, etc.," up to "conveniri" [in suit].

Scholium. The 6th constitution of the 4th title of the 48th book of the Digest is the 60th book of the Basilika, title 45, cap. 6, and it says: "To steal private money from a sacred place is not sacrilege, but theft." The 16th constitution of the 59th title of the 48th book of the Digest is the 60th book of the Basilika, title 51, cap. 16, which says: "The place makes the theft or the sacrilege." And these chapters appear to be contrary, but they are not; rather, he who steals private money, even if he steals it from a sacred place, is a thief. But he who steals what is dedicated to God, even if he steals it from a private place, is held as a sacrilegious person. However, since there are certain sacred things not dedicated to God, such as images which pertain to us privately and the rest not yet dedicated to temples or monasteries, according to this the 16th chapter of the 51st title of the 60th book says that the place makes the theft or the sacrilege. For he who steals a holy image that is in our cell is not a sacrilegious person, but a thief. But if we do not interpret this in this way, we must necessarily say that he who steals coins bearing the image of Christ or the Theotokos is to be prosecuted as sacrilegious; which is absurd and false. The 3rd constitution of the 2nd title of the 5th book of the Code is the 60th book of the Basilika, title 6, cap. 20, which says: "He who steals a thing not yet dedicated is held for theft; for he who steals what has not yet been consecrated is not yet a sacrilegious person." ^D

^A From this chapter, therefore, it is apparent that the contradiction of chapters, which seemed to exist above, has been rightly resolved.

Text. Lib. XLVIII, tit. 13, const. 7: The penalty for sacrilege, etc., down to the place where it is a matter of inquiry, as on page 582.

Scholium. Digest 7, tit. 13, lib. XLVIII, is not placed in the Basilica, nor is 11. But the thirteenth chapter is at tit. 45 [sic], lib. LX, which has what is written in the text. Similarly, [chapter] 16 is the 16th chapter of the same book and title, which recounts the same things.

^B CAP. III. — De clericis schisma facientibus, et citra voluntatem episcoporum altaria erigentibus. (Concerning clerics who make a schism, and who erect altars against the will of the bishops.)

Apostolic canon 31; Council of Antioch canon 5; Council of Carthage canon 10; Sixth Council canon 31; Council [held] in the church of the Holy Apostles, canon 12, 13, 14, 15.

TITLE THREE.

ON PRAYERS, CHANTING, READING, OBLATION, COMMUNION, AND VESTMENTS, AND THE MINISTRY OF LECTORS, CANTORS, AND MINISTERS.

^C CAPUT PRIMUM. — Quales preces populus audiat, et quapropter in orientem prospicientes precemur. (Chapter I. What kind of prayers the people should hear, and why, looking toward the east, we pray.)

Council of Laodicea canon 5, 19; Basil from ch. 27 of *De Spiritu Sancto*.

Text. Const. 17, tit. 1 of the Novellae says: That the prayers of the most holy communion and of the most holy baptism ought to be distinctly heard by the people.

Scholium. Const. 17, tit. 1 of the Novellae is cap. 21, tit. 1, lib. III of the Basilica, which reads thus: Additional to these, we command all bishops and presbyters to celebrate the holy oblation and the prayers used in holy baptism ^D not in a silent manner, but with a clear voice, which may be heard by the most faithful people; so that from this, the souls of those who hear may be lifted up to greater compunction and to the glorification of the Lord God.

CAP. II. — Quos, quomodo, qualia canere, precari, aut legere oporteat. (Chapter II. Who, how, and what kind of things they ought to chant, pray, or read.)

Apostolic canon 60, 85; Council of Laodicea canon 15, 17, 18, 19, 23, 59; Council of Carthagi-

Carthage canon 24, 46, 103; Sixth Council canon 33, 63, 75, 81; Seventh Council of Nicaea canon 14. ^A

Chapter III. — That on the Sabbath the Gospel ought to be read with other [sacred] Scriptures.

Chapter IV. — Concerning the holy oblation and communion.

Chapter V. — When clergy and laity give the peace.

Chapter VI. — Of those who doubt to receive the sacrament of the Eucharist from married presbyters.

Chapter VII. — That to those alone who are of the priestly order is it permitted to communicate at the altar, and that a woman may not enter the altar.

Chapter VIII. — When vicars of bishops offer and administer communion.

Chapter IX. — That a deacon may not offer, nor administer communion to a presbyter.

Chapter X. — Concerning the clothing and ministry of readers, singers, and ministers; and that it is not fitting for a minister to give the [sacred] bread, or to consecrate the chalice.

Chapter XI. — Of those who are in the city and do not communicate during three weeks.

Chapter XII. — Of those who hear the Scriptures but do not remain for the final prayers and do not communicate.

Chapter XIII. — Of those who are possessed by a demon, how they may communicate, or not.

Chapter XIV. — Of those who offer outside the churches, or who convene assemblies.

Text. Constitution 7, title 1 of the Novels, etc., up to *being forced by the heirs*, as on page 860.

Scholium. Constitution 7, title 1 of the Novels is Justinian’s Novel 67, and it is not placed in the Basilika. Constitution 3, title 2 of the Novels is Justinian’s Novel 131, and it is in book V of the Basilika, title 3, chapters 4 and 5, which also have what is succinctly set forth in the text.

Text. But if anyone in a private house, suburb, or field, etc., up to *do the things stated*, as on page 610. ^B

Scholium. We discussed the 3rd constitution of title 2 of the Novels in the preceding scholium. The 6th constitution of title 1 of the Novels, which says that the place where some sacred rite is celebrated beyond the knowledge of the bishops is to be confiscated—that is, made public property—is Justinian’s Novel 38, which has also been rendered void, as it has not been placed in the Basilika. Constitution 15 of title 3, book 1 of the Code, is not placed in the Basilika.

CAPTER XV. — Of bishops or clergy who communicate with heretics or Jews, or join in prayer with them, or permit them to perform sacred acts, or receive their sacrifices.

Apostolic canon 10, 45, 56; Council of Antioch canon 2; Council of Laodicea canon 33.

Text. The 4th constitution of title 6 of the Novels says: That those who, etc., up to *be adjudged to the Church*, as on page 610.

Scholium. The 4th constitution of title 6 of the Novels is Justinian’s Novel 122, which is placed in book 1 of the Basilika, title 1, final chapter, and is called the *Edict concerning the Faith to the Constantinopolitans*: it prohibits conventicles and the adulterated baptisms of heretics. Furthermore, it delivers whatever is comprised in the text. ^C

CHAPTER XVI. — That it is not fitting for the holy [offerings] to be sent to other parishes under the name of eulogies.

Council of Laodicea, canon 14.

CHAPTER XVII. — That the sacrament of the Eucharist should not be given to the bodies of the deceased.

Council of Carthage canon 18; Council of the Sixth [Ecumenical] canon 83.

CHAPTER XVIII. — That it is not fitting for a woman to communicate in the days of her cleansing.

Dionysius from the epistle to Basilides, chapters 2, 4; Timothy, canons 6, 7.

CHAPTER XIX. — How one to whom semen has flowed in sleep should communicate.

Dionysius from the epistle to Basilides, chapter 4; Timothy, canon 12.

CHAPTER XX. — That the oblation should not be celebrated when heretics are present.

Timothy, Archbishop of Alexandria, canon 8.

CHAPTER XXI. — When one ought to abstain from one's wife on account of communion.

^A Dionysius from his epistle to Basilides, chapter 3; Timothy, canon 5, 14. CHAPTER XXII. — How an oblation is to be celebrated for one who has killed himself. Timothy, canon 13. Text. The civil law concerning one who has killed himself, etc., regarding title 50, as on page 614. Scholium. Title 21, book 48 of the Digest is chapter 3 and 4, title 53, book 60 of the Basilica, which convey the same. Title 50, book 9 of the Code is not placed in the Basilica.

TITLE IV. ON THOSE TO BE INSTRUCTED IN RELIGION AND ON HOLY BAPTISM.

^B CHAPTER I. — That no one ought to be received for baptism two weeks after Lent. Council of Laodicea, canon 45. CHAPTER II. — Regarding those who teach religion to infidels. Council of Laodicea, canon 26. CHAPTER III. — How one must baptize. Apostles, canon 49, 50; Sixth Council, canon 59. CHAPTER IV. — That those who are being illuminated to receive baptism ought to recite the articles of faith. Council of Laodicea, canon 46, 47; Sixth Council, canon 78. Text. Constitution 10, title 8, book 1 of the Code commands, etc., as on page 615, regarding holy baptism. Scholium. Constitution 10, title 8, book 1 of the Code is not in the Basilica. Constitution 3, title 3 of the Novellae is the Novella of Justinian 144, placed in book 1 of the Basilica, title 1, chapter 51; which shall also be written at the end of chapter 7, title 4. CHAPTER V. — That those who are ignorant of whether they were baptized should be baptized. Council of Carthage, canon 72; Sixth Council, canon 84. CHAPTER VI. — That ^C the deceased should not be baptized. Council of Carthage, canon 18. CHAPTER VII. — Regarding those who sin before baptism, and those who stumble while being instructed in the beginnings of the faith. ^D Council of Nicaea, canon 14; Council of Ancyra, canon 12; Council of Neocaesarea, canon 5; Basil, canon 20; Theophilus, from his Commonitorium, canon 4;

Cyril, from the letter to the bishops in Libya ^A and Pentapolis, canon 4.

Text. Constitution 1, title 12, book 1 of the Code, says: “That if a Jew, etc.,” until “wishes to be instructed.”

Scholium. Constitution 1, title 12, book 1 of the Code, is chapter 44 of title 1, book 1 of the Basilika, saying what was set forth in the text. Constitution 10, title 11, book 1 of the Code was not placed in the Basilika. However, Constitution 3 of title 3 of the Novels is Justinian's Novel 144, placed in book 1 of the Basilika, title 1, chapter 51, which ordains: that Samaritans may not receive anything by testament, or by intestacy, or by gift, nor may they bequeath or donate to heretics; but only Samaritan farmers may be heirs to one another, whether by intestacy or by testament; nor may any of them become a soldier, or an advocate, or hold any other office; but they must be instructed for two years, if they are receptive to instruction; furthermore, those enslaved persons whom they buy ^B and who are Christians are to be set free.

CAP. VIII. — Concerning bishops or clerics who receive the baptism of heretics. Apostolic canon 46.

CAP. IX. — Concerning those who are baptized in illness. Council of Neocaesarea, canon 12; Council of Laodicea, canon 47; Council of Carthage, canon 45; Timothy, canon 4.

CAP. X. — Concerning the pregnant woman who is being baptized. Council of Neocaesarea, canon 6.

Text. Although in the 1st constitution of title 4 of book 21 of the Digest it is said that the unborn child is a portion of the pregnant woman, yet in the 10th constitution of title 3 of book 41, and in book 50, title 16, constitution 26, it is said that the unborn child is not a part of the mother; and I have collected other diverse laws concerning this matter in the book written by me concerning apparent contradictions.

Scholium. The 1st constitution of title 4 of book 25 of the Digest is theme 2 of chapter 1 of title 7 of book 31, which reads thus: “The unborn child, before it is born, is a portion of the woman, and therefore, until it is born, the decree concerning children is not fitting for the father.” The 10th constitution of title 3 of book 41 of the Digest is theme 3 of chapter 10 of book 40 of the Basilika, saying thus: “That which is born of a stolen ox or slave, both the thief and the buyer who is unaware may acquire by long-term possession. For that which is born is not part of the stolen thing.” The 27th constitution of title 16 of book 50 of the Digest is chapter 27 of title 2 of book 2 of the Basilika, saying thus: “The offspring of a stolen slave is not a part of her.” Since these things are thus, someone might ask for what reason the Patriarch ^C mentioned the aforementioned chapters in the 10th chapter of the present volume, which treats of the pregnant woman who is being baptized, as if they appeared to be in contradiction? There was a doubt at one time as to whether a woman who is pregnant should be baptized. For some said that since the foetus, hidden within the maternal viscera, is joined to the mother as if it were entirely a part of her, it could not be baptized together with

the mother, because it has not yet come into the light, nor does it have the specific intent for the confession of holy baptism. ^A Nor ought the pregnant woman herself to be baptized, but rather she should wait for the birth of the foetus into the light, so that one part of her might not be baptized, while another remains unillumined; and [they further argued] that if the foetus should be baptized together with the pregnant woman after it has come into the light, it would be found that it had been baptized twice—which is absurd. For this reason, the Council of Neocaesarea resolved the ambiguity in its 6th canon, ^B decreeing concerning a pregnant woman that she may be illumined whenever she wishes, for in this matter the mother does not share anything with the child, since each demonstrates their own individual intent in the confession [of faith].

Therefore, since this divine canon says that the child does not share in the communion of the mother, the patriarch who composed the present work, finding the aforementioned laws—which sometimes say the foetus is a part of the pregnant woman contrary to the force of the canon, and at other times say it is not—placed these seemingly contrary things in the text, leaving the solution, as it seems, to our ignorance. We say, therefore, that the cited laws are not in opposition to one another. For the foetus, before it is born, is always a part of the mother, as the chapter of the 31st book also states, and for this reason the father cannot claim it as his own as one under his power. However, after it is born, he may claim it, as it is no longer a part of the mother. And he who in good faith possesses an offspring born of a stolen slave woman may acquire it by usucaption, as it is not considered to be stolen. ^C Yet, chapter 10 did not permit the baptism of the [pregnant] woman because the foetus is not a part of the person carrying it—for it is indeed a part of her before it is born—but because the mother does not share [her baptismal status] with the child, or rather, it is not considered that she remains unillumined because the foetus is unable to accept the confession of baptism. Moreover, as to when the offspring of a stolen slave woman may be acquired by usucaption and when it may not, the laws treat these matters differently. Seek, then, what has been written outside of what was set out above in chapter 2 of title 2 of the 2nd book of the Basilika.

CAP. XI. — That we must be anointed after holy baptism.

CAP. XII. — Concerning the confection of the holy unction.

CAP. XIII. — Concerning those who are baptized twice or not according to the rite, and those who do not baptize the sick.

Text. Concerning those who rebaptize ^D and are rebaptized, etc., as far as the place, as on page 622.

Scholium. The 1st and 2nd constitutions of title 6 of the 1st book of the Code were not placed into the Basilika. The 14th constitution of title 5 of the 29th book of the Digest is chapter 14 of the 16th title of the 34th book of the Basilika, which reads thus: If an impubes approaching puberty sleeps near his master when he is being killed, and does not reveal the matter, he is punished. For to these impuberes...

who are ^A under the same roof, he grants indulgence, but not to the servants, or to the participants, if they are able to perceive what is being done. For such persons are not aided even in other cases.

The 5th constitution of the 20th title of the 28th book is the final theme of the 5th chapter of the 1st title of the 35th book, reading thus: A male, when he has completed fourteen years, makes a testament; a female, when twelve. He who is born on the Kalends of January is deemed to complete the year from the sixth hour of the night of the day before the Kalends of January of the following year.

The 3rd constitution of the 60th title of the 5th book of the Code is chapter 3 of the 19th title of the 38th book of the Basilika, having it thus: Of old, the puberty of females was judged from twelve years only, but that of males from the completion of the 14th year, provided that the habit of body also corresponds, as you have learned in the Institutes. The constitution therefore orders that also in the case of males it be judged from fourteen years, without our inquiring into the habit of the body, because it is unseemly.

The 22nd title of the 1st of the Institutes was not placed into the Basilika. The 1st title of the 13th book of the Constitutions was placed into book 44, title 14. And seek chapter 14 of it, thus saying: If I bequeath sustenance to impuberes, and it is not shown until when the will [is] to take them, they take them as long as they live. But if I should say "until puberty," the male takes them until the eighteenth year, and the female [until] the fourteenth; but in the case of sustenance alone, out of consideration for piety, puberty is thus defined.

The 22nd constitution of the 10th title of the 48th book is chapter 22 of the 41st title of the 60th book of the Basilika, thus determining: An impubes falls under neither the Libonian decree nor the crime of forgery.

The 36th constitution of the 5th title of the 48th book is chapter 40 of the 37th title of the 60th book of the Basilika, saying: After puberty, a minor commits adultery and is subject to the law.

The 36th novella was placed into book 1, title 1, chapter 45, thus having it: Let a heretic not baptize, nor govern the republic, nor hold any civil office whatsoever. One rebaptized is barred from military service alone; let a Jew not have a Christian slave, and so forth. And these chapters teach [those things] concerning impuberes and those rebaptized, or those otherwise sinning; when they are pardoned and when they are not pardoned, and what time is after puberty.

Do you, having gathered it, say that impuberty is divided into three: into the infant impubes who is deprived of speech and has already completed ^B the triennium; into the acting impubes who is approaching speech and completing the seven years; and into the acting "pubertandus" ^C who is approaching the age and is capable of malice, who proceeds from the 7th year up to the 14th; and those impuberes who are not capable of malice are not held liable for sin, but those beside these, that is, those who have completed the 7th year, and those rebaptized, are held liable, and those sinning otherwise are punished according to the 14th chapter of the 16th title of the 35th book, which was also laid down here, according to which chapter you ought to interpret also the 22nd chapter of the 41st title of the 60th book, and that ^D

you should say that an under-age person who is less than seven years old does not fall into the crime of forgery. Moreover, interpret the 40th chapter of the 37th title of the 60th book in this way: for the fact that a youth who has passed puberty is held subject to the charge of adultery means that he who commits the offense is held responsible not only during his under-age years, but also afterward. Furthermore, that rule regarding food ^A was introduced by the law because of the extreme necessity of sustenance, just as the 14th chapter of the 14th title of the 44th book itself says, which was also laid down here. However, know that such under-age persons are not punished as adults, but are punished moderately. You should also consult the 35th book, title 16, chapter 1, final theme, and the 40th book, title 50, chapter 15, theme 2, and the 2nd book, title 3, chapter 408.

CAP. XIV. — Which of the heretics passing over to the orthodox faith are to be baptized, and which are only to be anointed. Council of Nicaea, canon 19; Council of Laodicea, canon 7, 8; Council of Constantinople, canon 7; Sixth Council, canon 95; Second Council of Nicaea, canon 18; Basil, canon 47. ^B

CAP. XV. — How one possessed by a demon, or one losing his mind through illness, is to be baptized. Timothy, canon 2, 4.

CAP. XVI. — That it is not fitting for a woman to be baptized during the time of her purification. Timothy, canon 6.

CAP. XVII. — If one who is being instructed in the faith has received communion before baptism. Timothy, canon 1.

TITLE V.

CAP. I. — Concerning those who teach that the house of God, and the assemblies, and the memorials are contemptible. ^C Council of Gangra, canon 5, 19; Sixth Council, canon 76, 88, 97.

CAP. II. — That feasts for the poor should not be provided in churches, nor should one eat in them. Council of Laodicea, canon 28; Council of Carthage, canon 42; Sixth Council, canon 74, 76, 97.

Text. And the 3rd constitution of the 12th title of the 1st book of the Code forbids, etc., up to *et hostis degant* [and let them live as enemies], as on page 631. ^D

Scholium. The 3rd constitution of tit. 12, Book I of the Code, is Book V ^A of the *Basilika*, tit. 1, cap. 11, which reads thus: "Those who take refuge at the church, up to its boundaries which are before the public forum, shall have security. They may use the interior baths, gardens, houses, atrials, or porches; but they are forbidden to either eat or sleep within the temple. Let them not fortify themselves with weapons, but let them deposit these with the bishop; and if they do not comply as soon as possible, they shall be ejected immediately by order of the bishop and the magistrates."

CAP. III. — *Of those who contemn the pasturage of the poor, and that it is not fitting to take a portion when called to them.* Canon 11 of the Council of Gangra, canon 27 of the Council of Laodicea. ^B

TITLE VI

CONCERNING THE OBLATIONS OF FRUITS

TITLE SIXTH.

ON THE OFFERING OF FRUITS

CAP. PRIMUM. — *Of the oblations of fruits.* Apostolic canon 3, 4, 54, 71; Canon 28, 57, 79, 99 of the Sixth Council. Canon 2 of Cyril from his epistle to Domnus.

Text. Const. 38, tit. 3, Book I of the Code says: "That it is not ^C permitted, etc.", up to "venerable houses," as on p. 634.

Scholium. Const. 38, tit. 3, Book I of the Code is not set down in the *Basilika*.

CAP. II. — *Whom it behooves to receive or give oblations of fruits, and of those who steal wax or oil from the church.* Apostolic canon 72; canons 7, 6, and 8 of the Council of Gangra; canon 7 of Theophilus from his Commonitorium.

CAP. III. — *Of those who offer to synagogues or temples of the Gentiles.* Apostolic canons 71, 72.

Text. Const. 1, tit. 9, Book I of the Code says: "That, etc.", up to "the city receives it," as on p. 635. ^D Scholium. Const. 1, tit. 9, Book I of the Code is not set down in the *Basilika*. But the 9th constitution of tit. 11, Book I of the Code, is Book I of the *Basilika*, tit. 1, cap. 14, which reads just as it is summarized in the text.

TITLE VII. ON FASTING, THE QUADRAGESIMA, PASCHA, PENTECOST, SUNDAY, SABBATH, AND KNEELING.

^ACHAPTER I. — On fasting, and what is forbidden or permitted during the fasting of the Quadragesima. Apostolic canons 61, 69; Council of Gangra, canon 18, 19; Council of Laodicea, canon 49, 50, 51, 52; Sixth Council, canon 29, 52, 55, 56, 89; Canon of Peter 15.

*Text*. Const. 5, tit. 12, lib. III of the Code, says: "That the Forty," etc., until "merely to be pardoned, as on page 639."

*Scholium*. The 5th constitution of tit. 12, Book III of the Code, is cap. 22, tit. 17; Book VII of the *Basilika*, constitution of the same title, is cap. 23 of the same book and title; constitution 7 is cap. 24 of the same book and title; constitution 8 is cap. 25 of the same book and title, stating what is comprised in the text. And the 3rd constitution of tit. 4, Book I of the Code, is cap. 26, tit. 17, Book VII of the *Basilika*, which reads almost exactly as it has been summarized by the Patriarch. But if you wish to learn precisely on which days the courts are closed, read the ^B venerable Novel of our god-favored, most excellent and holy Emperor Manuel Comnenus, issued in the month of March, indiction 14, in the year 6674 from the passion of Christ, which contains the following after the prooemium: "We decree, therefore, that those days shall be holidays which we shall specifically enumerate in the present constitution. Of these, some shall be total holidays, such that in no way may a trial be constituted during any part of them, unless perhaps the Emperor, by way of dispensation or on account of necessity—as the frequent vicissitude of affairs often introduces—wishes to constitute a court even on those days; but others shall be partial holidays from the courts, specifically from morning until the time of the divine ministry itself, so that the judges may be permitted to be free for prayers and for glorifying God, and [then] after the divine sacrifice may apply themselves to justice and, according to the force of the laws, bring aid to those who have suffered injury. However, those to whom trial is permitted after the divine ministry in this manner shall make mention in the instruments finished by them of the time at which they were finished." And first, indeed, we must speak of those that are totally holidays. Therefore, the birthday of the most pure Lady and Mother of God, which is the eighth of September, is a holiday.

^A Likewise, the fourteenth, which is honored for the exaltation of the life-giving cross. And the twenty-sixth, on account of the passing of the apostle and evangelist John the Theologian. The sixth of October, because the memory of the holy apostle Thomas is celebrated on it. The ninth, on account of the apostle James, son of Alphaeus. And the eighteenth, on account of the apostle and evangelist Luke. The thirteenth of the month of November, because the memory of the father of Christ is celebrated on it. The fourteenth, because the apostle Philip is celebrated on it. The sixteenth, because the evangelist and apostle Matthew is honored. The twenty-first, because the entry of the Mother of God into the temple is celebrated on this day. And the thirtieth, because the apostle Andrew is celebrated on it. ^B The ninth of December, inasmuch as the conception of the all-holy Mother of our God is being performed on it. The twentieth, and up to the sixth of January itself, inasmuch as the birthday and the baptism of our Lord and God and Savior Jesus Christ are celebrated on these days. The eighteenth of the same January, for the sake of the divine and teaching fathers, Athanasius and Cyril. The twenty-fifth of the same month, on account of the memory of the great Father, Gregory the Theologian. The second of February, on account of the meeting of the Savior. And the third, on account of the celebration of the memory of Simeon the God-receiver. The twenty-fifth of March, on account of the Annunciation to the Mother of God. The Paschal days, from the resurrection of Lazarus itself until the octave after the holy Pascha. The twenty-fifth of April, on account of the apostle and evangelist Mark. And the thirtieth, on account of the apostle James, the brother of the Theologian and evangelist. The eighth of May, on account of the memory of the evangelist John the Theologian. The tenth, on account of the apostle Simon the Zealot. ^C The twenty-first, on account of the memory of the holy and equal-to-the-apostles and great emperors, Constantine and Helena. And the twenty-sixth, on account of the apostle Jude, son of Alphaeus. The eleventh of June, on account of the apostle Bartholomew. The nineteenth, on account of the apostle Jude, also called Thaddaeus, and Lebbaeus, and James. The twenty-fourth, on account of the nativity of the Forerunner.

^A The twenty-ninth, on account of the feast of the princes of the apostles, Peter and Paul. And the thirtieth, on account of the feast of the Twelve. The twenty-fifth of July, on account of the falling-asleep of Saint Anne, the mother of the Mother of God. The sixth of August, on account of the Transfiguration of our Savior Jesus Christ. The ninth, on account of the memory of the holy apostle Matthew. The fifteenth, on account of the most glorious translation of the holy Mother of God. The twentieth, on account of the memory of the holy apostle Thaddaeus. The twenty-fourth, on account of the memory of the apostle Bartholomew. The twenty-ninth, on account of the Beheading of the venerable Forerunner.

To these holidays, as being entirely closed to legal proceedings, shall be added the midpoints of the forty-day fast and of Pentecost, as well as the Ascension of the Savior, and all the Sundays of the entire year, so that on these days all access to the court shall be precluded, and no one shall perform any judicial business. Indeed, the days which partialy suspend legal proceedings, and are not holidays in their entirety (as we said before), shall be as follows.

The sixth of the month of September, because at that time the miracle of the supreme commander Michael is performed miraculously through the conduits at Chonae. ^B The twenty-third of October, because we celebrate the memory of James, the brother of God. The twenty-sixth, because we festively venerate that great martyr and myrrh-streamer, Demetrius. The first of November, because those miraculous poor ones, Cosmas and Damian, are honored festively. The eighth, because the gathering in honor of the bodiless ones is celebrated. And the twenty-eighth, because the holy martyr Stephen the Younger is celebrated. The fourth of December, in honor of the noble martyr Barbara. And the sixth, in honor of the wonder-working and myrrh-streaming Nicholas. ^D The tenth of January, in honor of the divine Gregory of Nyssa. The sixteenth, on account of the Veneration of the precious chains of the prince of the apostles, Peter. The nineteenth, on account of the translation of the sacred body of the Theologian. And the twenty-seventh, on account of the translation of the venerable relics of Chrysostom. The seventh of February, in honor of the magnificent martyr and army commander, Theodore. And the seventeenth, in honor of the reward-crowned Theodore the Recruit.

^A The ninth of March, because on that day the memory of the forty holy martyrs of Christ is celebrated. The twenty-third of April, because then the magnificent martyr George is honored. The second of May, in honor of the great Athanasius. The eighth of June, in honor of the great martyr and army commander Theodore. The ninth, in honor of our holy Father Cyril of Alexandria. And the twenty-seventh, in honor of the holy wonderworker Samson. The first of July, because on that day we celebrate the memory of those holy and wonderworking physicians who accepted no money. The second, because we commemorate the deposition of the precious robe of the Theotokos. The eighth, because we festively honor the great martyr Procopius. The eleventh, because we celebrate the beautiful martyr Euphemia. The twentieth, because we honor the prophet Elijah. ^B The twenty-seventh, because we festively honor the victor and wonderworker Panteleemon. And the thirty-first of August, for the deposition of the precious belt of the immaculate Theotokos.

These days are, in a certain sense, holidays, and in a certain sense, workdays. However, regarding the days that are holidays on account of the imperial birth or inauguration, my imperial majesty reckons these among the workdays, beginning from this present decree, and teaching others by its own practice in these matters. For the argument of this present ordinance will not persuade those who adhere to it as much as will the action of my imperial majesty; for my imperial majesty ordains that the very days on which I was brought into this life and, by the providence of God, proclaimed emperor, shall be workdays, and that the courts shall observe no recess on them. All the other days of the year, apart from those listed above, shall be workdays, and in them trials shall be held, ^C and the executions of judicial sentences shall be carried out accordingly. I am persuaded that this ordinance of my imperial majesty will be pleasing to God. For when the Lord denounced the Pharisees, He declared that the judgment of mercy was before all else. ^D

CAP. II. — That neither a woman in childbed, nor one unable to fast through sickness, may be forced to fast at Pascha.

CAP. III. — On the day and time of Pascha, and the Theophany.

^A sixth, canon 66; Dionysius from the epistle to Basilides, canon 1; Theophilus from the address on the Theophany.

CAP. IV. — That spectacles should not be held on the Lord’s day, nor should knees be bent on the Lord’s day or during the days of Pentecost, and that as far as possible one should rest from work on the Lord’s day, but not on the Sabbath, and that on the Sabbath day the Scriptures ought to be read.

Council of Nicaea, canon 20; Council of Laodicea, canon 29; Council of Carthage, canon 61; Council of the sixth, canon 19, 66, 90; Peter, canon 15; Theophilus from the address on the Theophany.

Text. Constitution 6, title 12, book III of the Code, "The Lord’s day," etc., as far as "in jus vocant" [they summon to law], as on page 647.

Scholium. Constitution 6, title 12, book III of the Code, and the constitution of the same book and title, are the final chapter of title 17, book VII of the *Basilica*, which has it so nearly as is contained in the text. However, the constitutions themselves make mention only of the Lord’s day: the *Basilica*, however, ordains that every day assigned to the Divine majesty be honored similarly. And it adds that officers, advocates, and heralds should be silent, and that all conciliatory pacts may lawfully be entered into, and that not only through forensic writings, but also through judicial acts. Natalitia ^B are the birthdays of the emperors, and their designation. Constitution 2, title 9, book I is not placed in the *Basilica*; but the constitution of the same book and title is found in book I, title 1, chapter 38 of the *Basilica*, which has it as it is written in the text.

CAP. V. — What is the reason for kneeling, and why knees are not to be bent on the Lord's day, or during the days of Pentecost, and why we pray looking toward the East.

Basil from chapter 27 of those things which were written to Amphilochius concerning the Holy Spirit. ^C

TITLE VIII.

CAP. I. — On parishes, and on the innovations which are made through imperial decrees. Council of Chalcedon, canon 17; Council of Cartha- ^D

- genensis canon 53, 56, 71; of the Sixth Council canon 25, 36, 37, 38, 39.

*Text*. Const. 6, tit. 2, lib. 1 of the Code says: *Quod quae*, etc., *usque ad nominari dicit*, as at pages 655, 658.

*Scholium*. Const. 6, tit. 2, lib. 1 of the Code is chapter 6, title 1, book 1 of the Basilics, which has it as it was set out. That the Constantinopolitan [see] should have the prerogatives of old Rome, is not added in the Basilics. Const. 16, tit. 2, lib. 1 of the Code is not placed in the Basilics. Constit. 35, tit. 3, lib. 1 of the Code is chapter 3, title 1, book 1 of the Basilics, having it as it was summarized in the text, without having [the provision that] Constantinople [bears] the prerogatives of ancient Rome. ^A Const. 1, tit. 21, lib. 3 of the Code is title 1, book 5 of the Basilics, which says thus: "Let Constantinople enjoy not only the privileges of Italian law, but also those of Rome itself." But Const. 1, tit. 17, lib. 1 of the Code is chapter 20, title 6, book 2 of the Basilics, saying thus: "Every city ought to follow the custom of Rome." ^B Furthermore, as to what kind are the privileges of the holy Church of old Rome, that written oracle delivered by the apostle to the most holy Constantine the Great to the holy Sylvester, the Roman pope of that time, clearly informs us; which follows in this manner:

"We have judged it proper, along with all our satraps and the entire senate and the magistrates and with all the people subject to the power of the Roman majesty, that ^C just as Saint Peter is seen as the representative of the Son of God on earth, so also the bishops, who are successors of the Prince of the Apostles, should have primary authority on earth. Our glorious majesty grants yet more, and this has been conceded by us and by our empire, and we desire that he himself, the Prince of the Apostles, and his successors, should be the first fathers and defenders before God in his person. And just as our imperial authority is revered and honored on earth, ^D so we decree that the holy Church of the Romans be revered and honored, and that the holy see of Saint Peter be praised and exalted above our imperial majesty and earthly throne, giving to it power and the dignity of glory; and by decreeing, we ordain that it have primary authority, and be the head of the four thrones, namely, the throne of Alexandria, of Antioch, of Jerusalem, and of Constantinople, and, simply, of all the Churches of the whole world. And the bishop who is to be at the holy Church of the Romans ought to be glorious and higher than all the priests of the world, and if anything pertains to the service of God and to the correction and strengthening of the faith of Christians, it should be judged by him; for it is right that the holy law should have its head and origin there, where the holy lawgiver, our Savior Jesus Chri-

Christ, ordered the blessed Apostle Peter to occupy the seat, and where he suffered the affliction of the cross and drank the cup of a blessed death; and where, having become a follower of his Master and Lord, he there caused the nations to bow their heads for the confession of the name of Christ, where their teacher, the blessed Apostle Paul, having stretched out his neck for Christ, received the crown of martyrdom. And [we decree] that until the end of the world [all nations] should seek there the teacher, where his holy relics rest. At the end, indeed, [we decree] that in the place where we served that proud king, in that same place, lying supine and spread out upon the ground, we might perform service ^A to our heavenly King and God and Savior, Jesus Christ. We therefore entrust to the holy apostles themselves, my blessed lords Peter and Paul, and after them to blessed Sylvester, our Father, great bishop and catholic pope of the city of Rome, and to all his successors, who, from this day until the end of the world, shall preside upon the throne of the blessed Peter, our imperial Lateran palace, which surpasses and exceeds all the palaces of the world; furthermore, [we also grant] the diadem, or crown of our head, and also the *lorum* and the *humerale* that encircles the neck of the imperial majesty; likewise also the purple chlamys and the scarlet tunic, and all the imperial garments and the insignia of the imperial horses, and similarly the imperial scepters, and all the standards, banners, and the remaining ornaments of imperial majesty, and the glory of our power. ^B Moreover, we ordain that the most religious men, the clerics of the many orders who serve the same holy Roman Church, be adorned, and possess that sublimity and magnificence with which our great senate is adorned—the patricians, indeed, and the consuls, and the remaining dignities. And as the imperial army is adorned, so we ordain that the clergy of the holy Roman Church also be adorned. Furthermore, just as the imperial power is adorned with many offices—the chamberlains, the doorkeepers, and the guards—so we also wish the holy Roman Church to be adorned. But indeed, so that the episcopal splendor might shine forth in all things, we also ordain this: that the clerics of the holy Roman Church should ride horses adorned with white linens; and just as our senate wears footwear, or sandals, made of white linen, [so also may they]; so that in the same way, as the heavenly things, so too might the earthly things [regard] the praise of God. ^C Above all things, for the honor and glory of the Lord and Savior himself, Jesus Christ, we give and concede to the most holy Father himself, Sylvester, bishop and pope of the city of Rome, and to all his blessed episcopal successors, in the same great and apostolic Church, the power [to ordain] that if any one from the senate, of his own accord and willing mind, desires to become a cleric and to be numbered among the holy clerics, no one of all men shall dare to be an impediment to him. We have ordained in addition to this, that the pious Father himself, our great bishop Sylvester, and all his episcopal successors, should wear a diadem, that is to say, a crown of pure [gold and]

^A priceless pearls, and that they themselves should use them upon their heads for the praise of God and in honor of the holy and chief of the apostles. But this blessed Pope Sylvester, ^B over the crown—that is, the papal tiara—which he had for the glory of God and of St. Peter, did not wish to wear a crown of gold or of pearls. We, therefore, because the holy Sylvester rejected the golden crown, placed upon his holy head, with our own hands, the most radiant loros, which signifies the holy resurrection, and, seizing the bridle of his horse for the sake of the adoration and fear of St. Peter, we performed the office of groom, decreeing that all his successors should use the loros in their processions in imitation of the imperial majesty. And this, indeed, so that the episcopal dignity might not be despised, but rather be adorned, even more than our earthly imperial majesty, with the splendor of power. Behold, our palace (as we have said before) and the city of Rome, and also all the prefectures, places, and castles of Italy and the western regions, we deliver to our aforementioned most blessed bishop and Father, Pope Sylvester, and we yield to him and his successors the imperial authority and command; and by this divine command and pragmatic constitution we decree that it shall remain firm, and we grant it to the men of the holy Roman Church forever. For this reason, we considered it useful to transfer our empire and the power of our kingdom ^C to the eastern regions, and to build a city in our name in a convenient place in the Byzantine territory, and to establish our empire there. Because where the chief priesthood and the head of the Christian religion have been established by the King of Heaven, it is not just that a worldly emperor should have power there. This text of our imperial majesty we have laid with our own hands upon the venerable relics of the holy and chief apostle Peter, and there we swore to keep all these things inviolate, and we have handed them down to our imperial successors to be kept in our archives. Thus, to our holy and Catholic Father and Pope ^D and, through him, to all his successors—the bishops of our Lord and Savior Jesus Christ—with the assent of our Lord and Savior Jesus Christ, we deliver all the aforementioned things to be rightly kept forever.

Note that from this present edict, that is, the imperial command of the holy and great Constantine, the Pope of Rome is entitled to be magnified by all imperial privileges, except solely for the crown. For this reason, in his processions, wherever they may take place, and in his divine rites, he covers his head with the imperial loros; he is also clothed in genuine shoes and rides with a genuine equine harness, according to the custom of emperors, and he honors those under him with imperial titles. But when the second council gave the archbishop of Constantinople all the privileges of the Pope of Rome, certain of the patriarchs, such as that Cyril, Lord Michael, and others, attempted to claim the same privileges for themselves, but the attempt did not turn out well for them.

^A It is forbidden for the clerics of Constantinople to be honored through titles. Yet even these are restricted. The [chartophylax] for the time being is authorized by the present edict to ride upon the patriarchal horse during the procession of the holy notaries, wearing a white linen cloth. His head ought to have been covered as a patriarchal [kaddinarion] with a golden tiara, which is also stored in the [chartophylakion]. But also, the patriarch of Alexandria for the time being is authorized by the present edict to officiate wearing the [loros]; for the holy Cyril of Alexandria received this authority from Pope Celestine of Rome when the synod against Nestorius took place in Ephesus. Since Celestine was unable to be present in Ephesus and to judge Nestorius, he agreed that the holy Cyril should be permitted by Celestine to preside over the synod in his stead. Therefore, as a representation of his holding the right of the Pope of Rome, Celestine, he sat wearing the [loros], and he condemned Nestorius. From that time on, therefore, the patriarchs of Alexandria perform the sacred offices and go out in procession with the same [loros], and they do not suspect any cause for blame. Read the letter of the holy Celestine concerning this, which is set down in the acts of the third synod.

Chapter II. — That a bishop should not travel rashly, nor a cleric reside in another province.

Apostolic canon 14, 15; canon 18 of the Council of Ancyra; canons 3, 13, 22 of the Council of Antioch; canons 41, 42 of the Council of Laodicea; canon 2 of the Council of Constantinople; canons 13, 23 of the Council of Chalcedon; canons 3, 11, 12, 16, 17 of the Council of Sardica; canons 23, 71 of the Council of Carthage; canons 17, 18, 20 of the Sixth Council; canon 2 of the Second Council of Nicaea; canon 16 of the First and Second Council [held] in the church of the Holy Apostles.

Text. Const. 42, tit. 3 book I, of the Code says: *Ob multum*, etc., *usque ad fiat erogatio*, as on page 197, 198, 663, 666.

Scholium. Const. 43, tit. 3, book 1 of the Code is not placed in the [Basilica]: nor is Constitution 1, book 1 of the Novels, which is Justinian’s Novel 6, nor Constitution 7 of the same, title of the Novels, which is Justinian’s Novel 67; Constitution 3 of the same 1, tit., is Justinian’s Novel 86, placed in book VI of the [Basilica], tit. 22, which near the end has it thus: "But we command that neither monk, nor cleric, nor bishop come hither without the [letters] of their most holy patriarch; and let them know that they will render themselves unworthy of the habit, or else let them be certain that they will make themselves unworthy by their religious habit." Note, however, that the complete novel makes mention only of the bishop; but the [Basilica] do not permit either a bishop or a cleric to reside in Constantinople without the patriarch's knowledge. Constitution 2, tit. 1 of the Novels is Justinian's Novel 123, [and it is] placed in book III of the [Basilica], tit. 1, ch. 18 and 19, which have [it] as they are set forth in the compendium. ^C But you should rather pay heed to the 16th canon of the First and Second Council in the church of the Holy Apostles, which restricted the time for absence to six months. The 12th constitution of the 1st title of the Novels is Justinian's Novel 57, placed in book III of the [Basilica], tit. 4, and it has almost the same [meaning] regarding the reception [of the allowance] as was indicated in the text. Read this, therefore; and read also the synodical statement of that most holy and ecumenical patriarch, Lord Nicholas, which took place on the 14th of the month of March of the 3rd indiction, and which sets forth for how long the priests and deacons of the Great Church ought to be absent without prejudice. ^D Yet some say that from this [document] the rules concerning those who are absent are not abolished,

^A nor is the Justinianic Novel inserted above. Note that of the two Justinianic Novels inserted in the present chapter, namely the 86th and the 123rd, these two things were decreed: first, that an archbishop or monk or cleric may not reside in the queen of cities without letters from his patriarch; second, that an archbishop may not spend a long time in Constantinople. Since, however, we see both ignored—for neither do the archbishops come to the queen of cities by means of patriarchal letters, but rather, coming of their own accord to the gates of Constantinople, they give notice to the patriarch and thus enter the great city without danger, nor do they suffer any harm for residing in it for a long duration—one must inquire how this happens. ^B I think, therefore, that Novel 86, which decrees that bishops, clerics, and monks who arrive here without the knowledge of their patriarch are to be deposed, was abrogated by the Justinianic Novel 123, which is later and decrees only that expenses shall not be supplied from their own churches to such bishops as do this, confining the punishment to this alone. As for the deposition of those bishops who reside in Constantinople beyond the time [allowed] by such Novel 123, or beyond the six months [allowed] by the 16th canon of the First and Second [Council] held in the Church of the Holy Apostles, without a reasonable cause, this was abrogated by the command of the illustrious emperor, lord Manuel Comnenus, issued in the month of September, in the seventh indiction, which expressly decreed these things. My imperial majesty, then, having pondered these things, was compelled even reluctantly to come to the present settlement, and decrees by this present command that the most holy archbishops shall not reside in the great city for a longer time than that which has been granted to them by the pious laws and divine canons, without some unavoidable hindrance and an obvious reasonable cause, otherwise they shall be expelled from the great city even against their will. Their entry, however, into the great city ought to occur according to the custom that has long and legally prevailed in accordance with the canons.

CAP. III. — That bishops ought to inquire into the causes of the journey of bishops passing through their jurisdictions.

CAP. IV. — Concerning bishops and clerics who go to the emperor or those about him.

CAP. V. — Concerning the reception of strangers, and concerning letters of peace and commendation.

CAP. VI. — On the difference between letters of peace and letters of commendation.

CAP. VII. — To whom bishops ought to afford relief, and concerning bishops, presbyters, and deacons who do not supply the necessities to men of the ecclesiastical order who are in need.

CAP. VIII. — On synods, and those who do not attend them.

CAP. IX. — That bishops or clerics should not rashly emancipate (their children).

CAP. X. — How bishops may vindicate the places competent to them which are held by heretics.

CAP. XI. — That readers ought not to bow to the people.

CAP. XII. — Concerning bishops who do not convert heretics, and concerning bishops and clerics who do not teach the people, and that a bishop renders an account to God for the people; and when the people have sinned, the clergy is excommunicated.

CAP. XIII. Concerning bishops and clerics who perform some worldly, public, or private business, or an appointment.

Text. Constitution 17, title 3, book 1 of the Code forbids, etc., up to *neglect the ministry*, as in pages 683, 686.

Scholium. Constitution 17, title 3, book 1 of the Code is not placed in the *Basilica*, nor is 40 or 51; do not labor in vain.

Text. Constitution 2, title 1 of the Novels says that, etc., up to *they shall repair from their own resources*, as on page 686.

^B Scholium. Constitution 2, title 1 of the Novels is the 123rd Novel of Justinian, placed in book III of the *Basilica*, title 1, chapters 13, 14, 15. These contain what has been summarized. You should also necessarily seek the synodic memorandum made on the 8th of the month of December of the 6th indiction by the most holy patriarch, Lord Luke, regarding clerics performing public and personal services, which was transcribed in the 16th canon of the Council of Carthage. Under the patriarchate of the blessed Lord John, during the month of February of the 8th indiction, a synodic memorandum was made decreeing that deacons, or ecclesiastical persons in general, or monks, should not act as advocates, which is also transcribed in ^C the 16th canon of the Council of Carthage. And in the month of January of the 4th indiction, while the blessed Lord Michael Anchialus was patriarch, a synodic memorandum was made, stating, like the former, that the priest, the deacon, the reader, and everyone in holy orders should abstain from the performance of worldly offices and services. The import of this memorandum was transcribed in the same canon. The 68th Novel of the Emperor Lord Leo the Wise enjoins that clerics or monks should not accept appointments or the guardianship of orphans; he allows them, however, to become curators and administrators of last wills and testaments, and especially if pious bequests are intended ^D to proceed from them. Note this well: for you will not find such a provision written elsewhere. But the 86th Novel of the same Emperor also decrees that neither a bishop nor any cleric should be occupied with advocacy, tax farming, or giving bail. One who does such a thing is to be excommunicated for a time, and if he persists, he is to be deposed; and thus these matters stand. A certain deacon, who had once been forbidden by the blessed patriarch Cyril Lucaris from acting as an advocate, making use of the aforementioned canons and other legislation, said before the imperial tribunal, with the patriarch present, that the provisions of such canons and laws do not apply to those who act as advocates today, but to those appointed to civil courts, and receiving

imperial grain rations, and being under a *primicerius*, and confirmed by worldly magistrates; at which time clerics were absolutely and rightly forbidden to perform the business of worldly advocates. But since those who are advocates today pursue advocacy as a certain liberal art, those in holy orders should not be impeded from practicing advocacy. And, substantiating his argument, he contended that it was not the action itself, but the manner of it that was punished by the canons. For not only clerics, but even bishops ^B defending their friends in legal disputes, will be excused; nor will those who provide legal defense in a matter of ecclesiastical concern be censured, as the laws themselves clearly testify. But for a cleric to act as an advocate in the manner of worldly officials, and to receive the seal of a layman, is odious and is punished. That the office of advocate was formerly a worldly one, and that designated advocates received state rations and were under a *primicerius*, is clear from many sources. Read the final chapter of title 1, book VIII of the *Basilica*, and the regulations concerning advocates in the book of the Eparch; for they hold that advocates constitute a college, and are sealed by whoever is Eparch at the time. Having said these things, and having been approved, he was permitted by the patriarch to act as an advocate ^C as he had done before.

Chapter XIV. – Concerning bishops and clerics who live with *subintroductae* women.

Text. Constitution 19, title 3, book I of the Code says: Priests, etc., up to the point that they divide them equally, as on pages 687, 690.

Scholium. Constitution 19, title 3, book I of the Code was not placed in the *Basilica*, nor was Constitution 1 of title 1 of the Novels. But Constitution 2 of the same title is Justinian’s Novel 123, placed in book III, title 1, chapters 54, 55, and 56. These chapters are summarized here as they were presented.

Chapter XV. – How bishops, clerics, or those bound by a vow of continence ought to enter toward women.

Chapter XVI. – That a cleric ought not to feast with one who is entering into a second marriage, or one who is marrying unlawfully.

Chapter XVII. – That clerics ought not to do anything without their bishops.

^A CHAPTER XVIII. – That clerics ought not to hold banquets by contribution. Council of Laodicea, canon 55.

CHAPTER XIX. – Concerning the long-standing order of bishops, and how clerics sit, and honor one another. Council of Nicaea, canon 18; Council of Laodicea, canons 8, 56; Council of Carthage, canons 86, 89; Council of the Sixth [Ecumenical Synod], canon 7.

TITLE IX.

CONCERNING THE OFFENSES, ACCUSATIONS, EXCOMMUNICATION, DEPOSITION, AND PENITENCE OF BISHOPS AND CLERICS, AND WHICH SINS THE ORDINATION REMITS.

^B CHAPTER FIRST. – By whom and before whom bishops or clerics are to be accused.

Apostolic canon 74; Council of Constantinople, canon 6; Council of Chalcedon, canon 9, 21; Council of Carthage, canons 8, 11, 12, 15, 30, 128, 129; Cyroll of Alexandria, from the epistle to Domnus, chapter 1.

The Text. Generally concerning those who are forbidden to accuse, etc., usque ad what pertains to the amount that exceeds [the established value].

Scholium. The first title of the ninth book of the Code is the book of the *Basilika*, 60, title 34, chapter 23. And after that same chapter there are other chapters which teach who can institute ecclesiastical ^C proceedings, and who cannot. Which you may also read; the second title of the eighth book of the *Digest* is book 60, title 34; and look for the first chapter of this, and subsequent [chapters] which teach various things concerning criminal accusations. The sixth constitution of the first book of the Code is book 5 of the *Basilika*, title 1, chapter 6, which stands just as it was written in the text. This present chapter, however, discusses before whom bishops and clerics ought to be summoned for criminal and financial matters. Know also that there is a Novel of the pious emperors Heraclius and Constantine ordaining that neither a bishop, nor a cleric, nor a monk should be summoned for a financial or criminal cause before a civil or military magistrate, but only before their own bishops, or metropolitans, or patriarchs. This is also ordained by the golden bull of the most celebrated emperor, our lord Alexios Komnenos, ^D published in the month of July, in the fourth indiction, in the year 6589 [from the creation of the world], which adds these words: "But if there be a division between adversaries, and one appears to be of the worldly status, while the other has been enrolled in the sacred clergy: then the plaintiff shall throughout be subject to the forum of the defendant, and..."

each shall depart to his proper court, unless perchance someone among them all should seek out the imperial court; for then, while all others are at leisure, the imperial majesty ^A will intervene in the trial and resolve the doubt. Read also the canon of the Council of Carthage, and what is contained therein. Constitution 22 of title 3, book 1 of the Code, is chapter 2 of title 1, book 1 of the Basilics; and seek this out as set forth in the interpretation of canon 41 of the Council of Laodicea. Constitution 25 of title 3, book 1 of the Code was not placed into the Basilics. Mark well: the excerpt of such a chrysobull ^B which decreed that all those dragged into any tribunal whatsoever, and seeking an audience at the imperial bench, should be received, was rendered void by a subsequent order of the same emperor, our master Alexios Komnenos, issued in the month of May, in the 3rd indiction; and which, after the preamble, ordains these things expressly: “My majesty therefore ordains to all of you who preside over the courts, that you no longer from this point forward pay heed to any rescript ^C whatsoever prohibiting any of the judges from exercising the trial sent to him, even if it happens to be signed in cinnabar, or even if it bears the wax seal; but after the submission of the petition, if the one drawn into court obtains a dismissal from the majesty of our empire within twenty days of the hearing, which adds another judge to the one to whom the case was previously transmitted, let the appointed judges come together into one, and impose a legitimate decision upon the matters in controversy. But if the period of twenty days has elapsed, let no other judge be admitted (since this also seems to be [prescribed] by law): nor, indeed, [on this pretext], that perhaps it might later be ordained that the case be introduced to the tribunal of the imperial majesty, should the judge [in any way] be hindered from rendering judgment; but let him decide the controversy transmitted to him exactly according to the prescriptions of the law; provided, however, that the litigant, if he considers himself to have been wronged, is by no means excluded from an appellate court. And all you judges, knowing this, strive to carry through the lawsuits committed to you, and impose a legitimate end upon them. For my imperial majesty does not wish that after any controversy has been transmitted to any judge by its order, the trial should be hindered by any subsequent writing whatsoever which demands that the controversy be introduced to my imperial majesty; but that it should proceed before the same judge, or (as stated above) [before] the judges given [along with him] within the twenty days of the hearing, unto the end, so that it cannot be withdrawn; and after the trial is finished, let there be the faculty for him who perhaps considers himself to have been wronged to implore another tribunal through appeal, or to request an audience of our power. Read also the canon of the Council of Carthage, and what is contained in it. Constitution 22, title 3, book 1 of the Cod. is chapter 2, title 1, book 1 of the Basilics, which seek out inserted in the exposition of canon 41 of the Council of Laodicea. Constitution 25, title 3, book 1 of the Cod. is not placed in the Basilics.

^D Text. For even the laws and the canons prohibit a cleric from swearing, etc., up to [the point where they] have undergone [it], they shall restore [the expenses], as on page 710, up to the expenses previously incurred by them.

Scholion. I do not find any law or canon ^A forbidding or permitting clerics to swear. I do not know, therefore, whether the present legislation looked to that which is said by the Lord in the Gospels about no one swearing, and instead of holy Scripture, made mention of law and canon. But Constitution 32, tit. 3, book 1 of the Code is not placed in the *Basilica*; therefore, you should also read according to the Scholion to the chapter of the present title.

Scholion. Constitution 50, tit. 3, book 1 of the Code is chapter 9 of tit. 3, book 3 of the *Basilica*. But that phrase which is said in the Code, "for it is generally allowed to everyone to despise those things which have been granted for his own benefit," is not placed in the *Basilica*. And Constitution 2, tit. 4, book 1 of the Code is not in the *Basilica*, nor is Constitution 7 of the same title and book, nor 8, nor 13. Read, however, chapter 44 of tit. 1, book 3, which is part of Novel 123, and say that according to that previous ^B arrangement, legal actions are instituted before the bishops. But do not listen to chapter 6 of the same title and book. For the constitution of this has been abrogated by the aforementioned more recent Novel. But do not listen to either another Justinianic Novel which says something to the contrary. For it is not placed in the *Basilica*, even though it may be found; but as far as it concerns the fact that controversies should first be proposed before bishops and metropolitans, and thus arrive at the patriarch, attend to the aforementioned chapter 44 of tit. 1, book 3. But as far as the civil or military magistrates not having any dealings with the clergy, attend to the Novel of the emperors Constantine and Heraclius, and to the Novel of the emperor lord Alexios Komnenos, of which we made mention at the beginning of the present title; read also canon 15 of the Council of Carthage, and canon 9 of the Council of Chalcedon, and the things contained therein which resolve every ambiguity. But the text of Constitution 29, which does not lie in the *Basilica*, is as follows: "for against such episcopal ^C sentences, it has been legislated by our predecessors that there is no place for appeal." Indeed, Constitution 4 is Novel 83 of the emperor Justinian, but it is not placed in the *Basilica*. And Constitution 15 is Novel 79, which also is not recognized by it.

Text. Know, however, that Constitution 2 of the same title 1, of all these, etc., are driven from the priesthood. *Supra* pag. 242.

Scholion. Constitution 2 of title 1 of the Novels is the Justinianic Novel 123. But this chapter of it is not placed in the *Basilica*. And Constitution 17 of title 1 of the Novels is the Justinianic Novel 117, lying in book 3 of the *Basilica*, title 1, chapter 8, theme 8, which was laid out near the end of chapter 8 of title 1 of the present compendium.

Text. The same Constitution 2 of title 1 of the Novels says that he who has a lawsuit, etc., his heirs are held liable. *Supra* pag. 242, 243, 244.

Scholion. Constitution 2 of title 1 of the Novels, as we said, being the Justinianic Novel 123, and lying in book 3 of the *Basilica*, title 1, chapter 37, ^D is also in the *Basilica*. And Constitution 15 is Novel 79,

which concludes whatever was summarized.

Text. Similarly, book 1, Constitution 41, which says: That everyone per year, etc., down to "or else be in danger," as on page 715.

Scholium. Constitution 41, title 3, book 1 of the Code is not placed in the *Basilica*, nor is Constitution 24 of title 2 of the same book.

Text. Whoever is a bishop or cleric from a province, etc., down to "and be dragged from his monastery," as on page 715. ^B

Scholium. From this present place begins Novel 123, which is in book 3 of the *Basilica*, title 1, chapters 47, 48, 49, 50, 51, 52 and 53, which have what was summarized as they are contained in the full text. And read these. But that a bishop is not to be conducted or presented without imperial command, is set down in book 3 of the *Basilica*, title 1, chapter 17, having it as it was summarized. But Constitution 17 of title 1 of the Novels is the Justinianic Novel 137, and it is placed in book 3 of the *Basilica*, title 1, chapter 20, which about the middle has it as written in the text. Novel 134 is placed in book 6, title 19, chapter 9, theme 5. And chapter 8 of this says word for word: "We do not allow a nun or an ascetic to be dragged from their own monasteries or asceteries for any kind of legal action."

CHAPTER II. How many and who bear witness against bishops or clerics.

Apostolic canon 75; canon 21 of the Council of Chalcedon; canons 31, 59, 128, 129, and 130 of the Council of Carthage.

Text. What manner of persons those who testify in a trial ought to be, etc., down to title 3 of the Novels, as on page 719. ^C

Scholium. Title 5, book 22 of the Digest is title 1 of book 21 of the *Basilica*, and the same chapter 1 says: "Witnesses ought to be trustworthy, and those who are not forbidden by law or excused are produced in both financial and criminal cases." Title 20, book 4 of the Code is chapter 21, title 1 of book 21, having it thus: "A person who has been judged to have caused tumultuous insolence is to be rejected from giving testimony." Novel 96, concerning witnesses, is placed in book 21 of the *Basilica*, chapter 46, which begins thus: "We decree, and especially in this great and happy city." And read this, for it is very necessary, and teaches much concerning those who ought to bear witness. Constitution 9, title 20, book 4 of the Code is placed in book 21 of the *Basilica*, title 1, chapter 33, theme 2, which has it thus: "It is necessary for witnesses to swear before they bear testimony. Moreover, trust ought to be placed rather in the more honorable. ^D Furthermore, the testimony of one person is not acceptable in any trial whatsoever, even if he be a senator." Constitution 25, book 1, title 5 of the Code is book 21 of the *Basilica*, title 1, chapter 45, which has it thus: "Concerning heretics, the Manichaeans, Borborites, Pagans, Samaritans, Montanists, Ascodrogites, Ophites, or those who practice Jewish superstition, in no matter..."

whatsoever may they bear witness." All others, however, are not to be admitted in a court of law that has an orthodox as an opponent; but in all other contracts, wills, or lawsuits where they have heretics as opponents, so that there may be a wider opportunity for proofs, let them testify without distinction. Those things which are contained in such a constitution regarding the order and status of the decurions are not set down in the Basilika, nor is the 45th novella of Justinian, which is among the paratitla.

CAP. III. — If anyone, having accused a cleric of many crimes, does not prove the first head proposed.

CAP. IV. — Concerning those who do not obey their own bishops, and concerning a bishop who receives one who has been cast out or excluded from communion by his own bishop.

CAP. V. — Concerning controversies of bishops and clerics.

CAP. VI. — Concerning the review of episcopal sentences.

Scholium. The 8th constitution of the 4th title of the 1st book is not placed in the Basilika, nor is the 29th constitution of the same title; the 2nd constitution of the 1st title of the Novellae is chapter 36 of the 123rd novella, which was placed in book 3 of the Basilika, title 1, chapter 44, and says almost the same things as were summarized in the text. However, at the end of the same chapter, the novella says: "But if the matter is ecclesiastical, let the civil magistrates have no communion with such a controversy; but let the most religious bishops bring the business to an end according to the sacred canons." Read also the 45th chapter of the 1st title of the 3rd book of the Basilika, which is a part of the 123rd Justinianic novella, stating these things: "But if any most religious bishops of the same synod should have some controversy among themselves, whether regarding ecclesiastical law or regarding other certain matters, first let their metropolitan, with two others of the bishops of the same synod, judge the matter. And if both parties do not abide by what is judged, then let the most blessed patriarch of the diocese grant them a hearing, and let there be settled by him what is in accord with the ecclesiastical canons and laws, with neither party being able to contradict his sentence, etc."

^A CAP. VII. — If a bishop has a case against a colleague, let him not litigate, but act [with him]. Council of Carthage, canon 20. CAP. VIII. — When a bishop may [bring an action] against a bishop before a civil magistrate. Council of Carthage, canon 48. CAP. IX. — Concerning bishops and clerics who are unjustly ejected [from ecclesiastical order]. Council of Nicea II, canon 4; Council of Sardica, canon 14, 18, 19. Text. Const. 23, tit. 3, lib. 1 of the Code makes mention, etc., up to *let him be excluded from communion*, as on page 258.

Scholium. Const. 23, tit. 3, lib. 1 of the Code is not placed in the *Basilica*, nor is constitution 38 of the same title, and do not pay attention to them. But the 2nd constitution, tit. 1 of the *Novellae*, is Justinian’s *Novella* 123, and it is in book III of the *Basilica*, tit. 1, cap. 24, and reads as follows: "We forbid all bishops and presbyters from separating anyone from holy communion before the cause is shown for which the ecclesiastical canons command this to be done. If, however, anyone should separate someone from holy communion contrary to this, he who was unjustly separated from communion shall, once the bond is loosed by a higher priest, be deemed worthy of holy communion. But he who dared to separate someone unjustly from holy communion shall by all means be separated from communion by the priest under whom he is placed, for as long a time as it shall seem good to him: so that what he unjustly did to another, he may justly suffer himself."

^C CAP. X. — Concerning those who are separated or ejected from the Church or from communion. Apostolic canon 12, 13, 51; Council of Nicea canon 5, 12, 13; Council of Antioch canon 6; Council of Laodicea canon 36; Council of Chalcedon canon 4, 16; Council of Sardica canon 13, 14; Council of Carthage canon 65; Council of the Sixth, canon 21. Text. Const. 14, tit. 3, lib. 1. If (it says) anyone [is] by judgment, etc., up to *let him be cast out*, as on page 263.

Scholium. Const. 14, tit. 3, lib. 1 of the Code is in book III of the *Basilica*, tit. 1, cap. 1, which says the same things. Const. 23, tit. 3, lib. 1 of the Code is not placed in the *Basilica*. Const. 5, tit. 1 of the *Novellae* is Justinian’s *Novella* 41. But this chapter of it is not placed in the *Basilica*. Const. 2, tit. 1 of the *Novellae* is Justinian’s *Novella* 123, and it is placed in book III of the *Basilica*, tit. 1, cap. 26, which reads thus: "Certainly, if any bishop having been ejected from the priesthood according to the sacred canons dares to enter the city from which he was ejected, or to leave the place in which he was ordered to reside: we command that he be handed over to a monastery situated in another province." ^D

^A CAP. XI. — For what causes a bishop, or cleric, or layman is separated [from communion], and if a bishop, accused by a petition, resigns his bishopric, and that a bishop who has once been made, [whether later ejected for a just or unjust cause], ought not to be reduced to the rank of a presbyter. The Apostles' canon 5, 8, 9, 11, 12, 13, 15, 16, 20, 24, 30, 36, 43, 45, 48, 51, 57, 58, 59, 65, 67, 70, 71, 72, 73, 76, 84; from the acts of the Council of Chalcedon concerning Photius, bishop of Tyre, and Eustathius, bishop of Berytus; the Sixth Council's canon 20, and the things in it which resolve the apparent contradiction in the canons; the Council of Ancyra's canon 18; the Council of Neocaesarea's canon 1; Cyril's letter to Domnus, chapters 1 and 3.

CAP. XII. — That for as long as a bishop does not communicate with one who has been excommunicated by him [without just cause], [so long] other bishops also should not communicate with him who has excommunicated. The Council of Carthage's canon 137. ^B

CAP. XIII. — How many bishops depose a bishop. The Council of Constantinople held against the bishops of Arabia; the Council of Carthage's canon 12 and 20, being by twelve, six, and three bishops.

CAP. XIV. — For what causes someone is deposed. The Apostles' canon 3, 5, 6, 7, 11, 20, 23, 25, 27, 29, 30, 31, 35, 42, 44, 45, 46, 47, 49, 50, 51, 52, 53, 55, 59, 60, 62, 63, 64, 65, 66, 68, 69, 70, 81, 83, 84; the Council of Nicaea's canon 2, 10, 17; the Council of Ancyra's canon 10, 14, 18; the Council of Neocaesarea's canon 1; the Council of Antioch's canon 1, 3, 4, 5, 13; the Council of Ephesus's canon 2; the Council of Chalcedon's canons 1, 14, 27; the Council of Sardica's canon 17; Basil's canon 70.

CAP. XV. — For what causes someone is both excommunicated and deposed at the same time: or is deposed, and separated from communion or from the Church. The Apostles' canon 28, 29, 30, 65.

CAP. XVI. — For what causes a cleric or layman is struck with anathema. ^C The Council of Gangra's canon 18; the Council of Chalcedon's canon 2, 7; Basil's letter to Gregory the presbyter.

CAP. XVII. — That one ought not to exact punishment twice for the same [offense]. The Apostles' canon 25; Basil's canon 3, 32, 51.

CAP. XVIII. — For what causes someone is entirely cast out [from the Church]. The Apostles' canon 28, 51, 62; the Council of Antioch's canon 4; the Council of Laodicea's canon 37; the Sixth Council's canon 21.

CAP. XIX. — When someone retains a seat and priestly standing, but does not perform any of the other duties. ^D The Sixth Council's canon 3, 4, 5, 9, 11, 86.

Concilii Ancyrani canon 1, 2; concilii Neocaesariensis canon 9; Sixth Council canon 3, 56; Basilii canon 27, 70. ^A

CAP. XX. — That an bishop should not be believed when he says that a cleric has privately confessed a sin to him. Concilii Carthaginensis canon 132.

CAP. XXI. — Concerning bishops or clerics who eat meat with blood, or meat taken by wild beasts, or that which died naturally. Apostolorum canon 63; concilii Ancyrani canon 3; concilii sexti canon 67.

CAP. XXII. — That bishops, presbyters, deacons, and everyone who handles sacred things, ought to abstain from their wives. ^B Concilii Carthaginensis canon 3, 4, 25, 70; concilii sexti canon 12, 13.

CAP. XXIII. — Concerning a cleric who mocks the infirm. Apostolorum canon 57.

CAP. XXIV. — Concerning a cleric who castrates himself. Apostolorum canon 23; concilii Nicaeni canon 1; canon 8 of the first and second council [held] in the Church of the Holy Apostles. Read what is written above in chapter 14, title 1 of this present syntagma.

CAP. XXV. — Concerning apostate clerics, and those who sacrifice, and magicians, and enchanters, and astrologers, and mathematicians, and concerning divinations, poisons, and those who wear amulets. ^C Apostolorum canon 62; concilii Ancyrani canon 1, 2; concilii Laodiceni canon 36; sancti Basilii canon 73.

Text. Concerning poisoners, mathematicians, etc., as far as "he is beheaded," as on page 763.

Scholium. The 1st constitution, title 18, book 9 of the Code is placed in Book 9 of the Basilika, title 39, chapter 21, which holds the same as is presented in the summary. The 2nd constitution of the same title and book is chapter 22 of the same title and book. The 3rd constitution of the same title and book is chapter 23 of the same title and book. However, it is not written in the Basilika as it was read previously, but is held thus: "And to divine by means of sacrifices, and such a person is to be punished by the sword. And he who urged this on, whether by persuasion or by bribe, is subject to exile and confiscation. And he who accuses this crime is not a delator, but is rather deemed worthy of a reward." Consider, therefore, that the ancient laws fell back into a more humane form, and were not established with the same force they had previously, being set in this purification. ^D For it was repealed that the author of the crime should be burned, and that those who urged [it] should be deported. In the same way, the name of the aruspices was omitted: and, that none of these should enter to anyone, even if he be his friend. But it is only prohibited to divine by means of sacrifices. Note this, therefore. The 4th constitution of the same title and book...

of the Code is of the same title and book of the Basilics, chapter 24. However, neither was this inserted as it had been placed at length, but it was omitted so that those who might do something magical for the healing of bodies or for the prosperity of fruits, and prevented rain or hail, should not be punished. And indeed that ^A chapter was inserted to that effect. The constitution says that whoever has practiced sorcery which draws pure minds toward lust, or has plotted against the safety of men, shall be punished by confiscation and exile. Do not, therefore, apply your mind to what is written in the text, but to what is posited in the Basilics, since it has been defined both by the laws and by those things contained in the text that not only those who for some reason perform magical acts are to be punished, but also those who approach them, even if they make inquiries for the sake of some supposedly good thing, as when they ask about the abundance of fruits. Likewise, the 5th constitution of the same book and title of the Code is of the same book and title of the Basilics, chapter 25, saying thus: "Let no one consult anyone who professes the art of divination; and let the Chaldeans and the magi not even offer themselves for these divinations, but let them be subject to capital punishment by the sword."

^B Another scholium. Note from the constitutions inserted in the interpretation of the present chapter that although under the Digests and the codes which were in force before the purification (of the laws) it was contained in the capital punishment that one be burned, beheaded, or suspended on a gibbet, yet he who performed the purification of the laws of the Basilics and composed the Basilics did not accept these, but having inserted the dispositions from the codes into the Basilics, he did not add these three. Do not, therefore, oppose the laws contained in title 51 of book 60, which are Digests and say that capital punishment is to be burned, to be beheaded, or to be suspended on a gibbet. For if the more recent dispositions which decree these things were not accepted, then much less are the Digests. Apply your mind, therefore, to the laws inserted in chapter 38, as they are younger, and not to the Digests, as they are older and have no further function.

Another scholium. Note also from the present 25th chapter that just as the emperor did not accept that some should be burned, as we said in the interpretation of the present chapter, so neither did he accept that Chaldeans and magi should be beheaded; but for this, punishment by the sword was substituted. Simply gathering, therefore, from many other things as well as from these, that beheading, burning, suspension on a gibbet, stoning, and being thrown into the deep are not capital punishments, but cruel deaths; whereas capital punishment is deportation, blinding, the amputation of the hand, and other things which give the punished person a time of return, and result in ^C the delinquent being punished for a long time, and utterly banishing him; gathering this from many other things and indeed also from these, say that whatever laws are found in the Basilics contrary to the present teaching are Digests, and since it is accepted by law that when constitutions ^D

^A and Digests treat of one and the same matter, those which are in the Digests are considered preferable, and that it is fitting for us to interpret the laws and all the Novels according to a more humane standard, and for sentences to be passed in this way. Do not, therefore, marvel that the council in Constantinople, in the days of the most holy patriarch, the lord Michael ^B Oxites, decided and commanded that the Bogomils be burned. For it is probable that the laws were not then being shifted, the more so because the Bogomils, clinging stubbornly and obstinately to their own heresy, were seizing upon burning as a testimony to their own "constancy." But I, knowing that no canon ever permitted punishment—for the ecclesiastical law knows not bodily punishments, but the civil law does—still marvel how the council ^C at that time issued such a judgment. For we have learned to cut the heretics off from the body of the Christians, but we have not learned to punish them; rather, being immovable, they are handed over to the civil law, and sentences are passed against them by the magistrates.

Text. Const. 6. Those who disturb the elements, or those who [invoke] their enemies, etc., or who make public the matters of their own religion, are deported. Supra pag. 289.

Scholium. Note also from the present chapter that the constitution ^D inserted into the Basilics did not receive the rule that those who kill their enemies by means of spirits should be destroyed by wild beasts, but ordered that these, too, be punished by the sword. Pay attention, therefore, to the interpretation written by us a little earlier. The 6th constitution of the same title and book of the Code is chapter 29 of title 39 of book 60 of the Basilics, which reads as follows: "Let those who invoke spirits to harm men be punished by the sword." The 7th constitution is chapter 27 of the same title and book, which says thus: "Those endowed with dignities are not subject to tortures, except in the case of the crime of high treason. But if any magi, or any others whatever who profess the art of soothsaying, are found, they shall not enjoy any privilege of dignity. For it is fitting for their punishment to correspond to the offense if they commit such a crime in the comitatus." Observe, therefore, how here also the matter of the augurs and those who divine from dreams has been omitted, and how divination of any kind is prohibited more broadly. Likewise, what pertains to the lashing—for the sake of extracting a confession—of those who deny in violation of the general rule (which requires the accusers to prove the charge) has also been omitted. The 8th constitution is chapter 28 of the same 39th title, having the same import as summarized. The 9th constitution is the final chapter of the 39th title of the same volume 60, recounting the same things. The 3rd constitution of the 4th title of the 1st book of the Code is chapter 21 of the 17th title of the 7th book, which reads as follows: "On the first day of the Paschal feast, and provided no special imperial order has arrived beforehand regarding this matter, let all who are in prisons be released, except if one be a sacrilegious person, or an adulterer, or a ravisher of virgins, or a violator of tombs, or a sorcerer: except if he has counterfeited money: except if he be a homicide or a parricide, or has plotted anything against the emperor or the city." And the 10th constitution,

of the 4th title of the 1st book of the Code, is chapter 17 of the 1st book of the Basilica, and it has as it was summarized. ^A *Textus.* And title 11, of the same book, constitution 2. "Let no one, through inspection of entrails," etc., usque ad "and of tests and agreed confessions." *Supra pag. 289, 290.*

*Scholium.* The 2nd constitution of the 1st book of the Code is chapter 7, of title 1, of the 1st book of the Basilica, saying: "Let no one, inspecting the liver and entrails, seek out future events, fearing the penalty of crucifixion." The 8th constitution of the 17th title of the 5th book of the Code was not placed in the Basilica, because those matters contained in the 117th Novel regarding repudiations are sufficient. For it teaches from there that spouses are also separated if one has plotted against the life of the other by evil arts or sorcery. ^B The 2nd constitution of the 65th title of the 7th book is chapter 136, of title 1, of the 9th book of the Basilica, saying thus: "Those who are manifestly convicted of crimes, and have confessed, can no longer appeal; nor ought one rashly to trust the word of those being judged." And note that although the constitution treats only of those condemned for sorcery, yet he who compiled the Basilica proposed this law for all those accused of crimes. Note also that it is said in the end, that one should not easily believe those who confess against themselves. Seek also the 60th book, title 50, chapter 1, theme 7, which says thus: "One must not believe the confessions of criminals unless evident proof also instructs the judge." And the 9th book, title 4, chapter 1, and what is recorded there. The 3rd constitution of the 41st title of the 9th book of the Code is chapter 25, of title 50, of the 60th book of the Basilica, saying: "If a woman is accused of having killed her own husband by sorcery, ^C not only her own slaves are examined against her, but also those of others; but first those of others, and if true proof is shown, then the woman herself is tortured." The 16th constitution of the 47th title of the 9th book of the Code is chapter 56, of title 51, of the 60th book, saying: "Let not the ruler rashly pronounce a capital sentence unless first the accused is convicted through his own confession, or through the questioning of witnesses or by tortures, so that he can hardly even stand against himself." Furthermore, interpret the present chapter also according to theme 7, chapter 1, of title 50 of the 60th book.

*Textus.* And book 10, title 15, constitution 1. "It is allowed to each," etc., usque ad concerning those legislated against the Manichaeans. *Supra pag. 290, 291.*

*Scholium.* The 1st constitution of the 15th title of the 10th book is chapter 13, of title 7, of the 56th book of the Basilica, saying thus: "Let no one offer petitions that he be permitted to search for treasure in his own or others' places, nor let him offer petitions as if he himself had found a treasure, nor as if some other person had found one; for if indeed one finds a treasure in his own places, without any foul sacrifice or any other art forbidden by the laws—that is, money deposited by some people and unknown by the passage of time—let him freely enjoy the things found, ^D and let him not—

turn the kindness of God into calumny against Him. ^A Since this is permitted by law, it is superfluous to offer petitions regarding this, as it anticipates the petitions of all. In another’s place, let no one dare to seek for treasure, neither if the master is unwilling, nor if he is wanting it, nor if he is ignorant; but whether he has offered a petition, or has searched for it in another’s place without a petition contrary to this law, let the found treasure be transferred to the master of the place, and let the finder be severely punished as one who has transgressed the law. But if someone, without having sought it and without having offered petitions, while perchance ploughing or otherwise cultivating someone else’s land, should find a treasure in another’s place not through an earnest search, let him profit by half of what was found, and let him give half to the master of the place. ^B Seek also the book of the *Basilica* xv, tit. 1, cap. 67, the first constitution; tit. 7, book 1 of the Code is cap. 23, tit. 54, book 60 of the *Basilica*, which has it expressly as it is written. The second constitution of the same title and book is cap. 24 of the same title and book of the *Basilica*, which has it as it is summarized here. The third constitution is cap. 25, which has it thus: He who betrays the holy baptism neither testifies, nor makes a testament, nor succeeds anyone in inheritance; for he is considered an apostate. Observe, therefore, that what is placed in the text, that namely one should not associate with such men, and that they should have no time for repentance, was not added in the *Basilica*, but was cast out as being too inhuman; one should therefore thank him who compiled the *Basilica*, and for that reason the 37th Justinian Novel concerning the African Churches was not laid down in the *Basilica*. The 4th constitution of the mentioned 7th title, book 1 of the Code, is cap. 26, of the said 54th title of the 60th book, which has it as it is summarized here. The 5th constitution is cap. 27 of the same title and book, which recounts the same. The 6th constitution is cap. 28 of that title, which orders similarly.

Text. Book 1, tit. 9, const. 18: A Jew, etc., until he has given cantharides, as on page 767.

Scholium. The 18th constitution of tit. 9, book 1 of the Code is cap. 41 of tit. 4, book 1 of the *Basilica*, which has it as it is summarized here, except that the Jew is not punished capitally. ^C For this was not placed into the *Basilica*. The 7th constitution of the 2nd title of the 9th book of the Constitutions is theme 6 of the 3rd title of the 60th book, saying: He who has not murdered, but has provided a cause of death to the *in factum*, is not subject to the Aquilian law, as for instance he who gives poison instead of medicine, or a sword to a madman. The 8th constitution is the 8th chapter of the same title and book, and likewise the 9th. The 4th constitution of the 2nd title of the 10th book of the Constitutions is theme 2 of the 4th chapter of the 3rd title of the 42nd book, which has it thus: With debts excepted, the remaining goods are brought into court for the division of the family estate, and bad drugs, and magical books, and the like; but it is the office of the judge to destroy such things immediately. ^D Those things which have been acquired through sacrilege or embezzlement, or by force, or by aggression, are not divided. Observe

^A then that in the Digests it is written that magic books and those concerning poisons are not to be divided. The *Basilica*, however, says that these are to be divided, and that of the *Basilica* is much more accurate; for these things too, as being possessions, are rightly divided. But it is another matter that they should be burned by order of the judge, so that no person might be harmed by them. Decree 15 of Title 1 of Book 1 of the Digests is theme 3 of Chapter 35 of Title 1 of Book 60 of the *Basilica*, which has the exact same thing. Decree 15 of Title 10 of Book 47 of the Digests is Chapter 15 of Title 21 of Book 60 of the *Basilica*, which says the same things, except that one who has identified a thief who was not a thief by means of astrology or other divination is held by the constitutions. For this was not placed in that same chapter, but in theme 8 of the same chapter. Decree 2 of Title 8 of Book 48 of the Digests is Chapter 3 of Title 39 of Book 60 of the *Basilica*, saying almost the same things as were written in the text. The *Basilica* further adds ^B the penalty of exile with confiscation of goods against those who make love potions. And the things written concerning the apothecary were set down in the 3rd theme of the same 3rd chapter, which says: "And the apothecary who rashly gives to anyone hemlock, or salamander, or aconite, or pine-processionary, or Spanish fly, or mandrake, or cantharides."

Text. Decree 13, "He who performs forbidden sacrifices," etc., down to "if anyone should die as a result of this."

Scholium. Decree 13 is of the same book and title, Chapter 9, saying the same things. Decree 28 of Title 19 of Book 48 was not placed in the *Basilica*, and Decree 38 of Title 19 of the same 48th book of the Decrees is theme 6 of Chapter 38 of Title 51 of Book 60, having the same content as was written. Read also the canons set forth in Chapter 20 of Title 13 of the present work, which teaches concerning apostates, sacrificers, magi, astrologers, mathematicians, seers, and those who carry amulets.

CHAP. XXVI. — Concerning bishops or clerics who strike or kill.

Apostolic canon 27, 65; canon 9 of the First and Second Council held in the Church of the Holy Apostles; canon 55 of Basil.

Text. The 2nd decree of Title 1 of the *Novellae* forbids bishops, etc., down to "and having killed a man."

Scholium. The 2nd decree of Title 1 of the *Novellae* is the 123rd *Novella* of Justinian, situated in Book 3 of the *Basilica*, Title 1, Chapter 25, which also states as it was declared. Title 10 of Book 47 of the Digests and Title 35 of Book 9 of the Code were placed into Title 21 of Book 60 of the *Basilica* from the very beginning, of which seek many chapters. Title 1 of Book 48 of the Digests was placed into Book 60, Title 31, Chapter 1, and so forth. Title 16 of Book 9 of the Code is situated in Book 60, Title 39, Chapter 13, and so forth. ^C Read, therefore, from these books, titles, and chapters, the differences, as well as the 8th canon of Saint Basil, and ^D the *novella* of the Emperor Lord Manuel Comnenus placed within it concerning murderers. Digest 5, Title 19, Book 48 is theme 2, Chapter 5, Title 51, Book 60, which expressly

which narrates the same thing entirely.

CAPUT XVII. — Concerning bishops and clerics who play dice, become intoxicated, watch spectacles, violate graves, steal, commit perjury, practice usury, take half-again, or devise other base profit for themselves.

Apostolic canons 25, 42, 43, 44; canon 17 of the Council of Nicaea; canon 4 of Laodicea; canon 5, 16 of the Council of Carthage; canons 10, 23, 24, 50, 51 of the Sixth Council; canon 4 of the Second Council of Nicaea; canons 14, 17, 29 of Basil.

Text. Const. 34, title 4, book 1 of the Code, "Bishop," etc., up to *imminuant*, as on pages 298, 299.

Scholium. Const. 34, title 4, book 1 of the Code is not placed in the *Basilica*. The 2nd *novella* of title 1 is the *novella* of Justinian 123, placed in [the] *Basilica*, book 3, title 1, chapter 22, which includes whatever is contained in the text.

Text. "Not only to commit perjury," etc., up to "it seems said," as on pages 298, 299.

Scholium. Const. 25, title 3, book 1 of the Code is not excepted in the *Basilica*. Novella 3, title 12, book 1 of the Code is chapter 11, title 1, book 5 of the *Basilica*, which was inserted into the interpretation of chapter 2, title 5 of the present work, which treats nothing of an oath. The law of the same book and title of the Code is the final theme of chapter 13, title 1, book 5 of the *Basilica*, and it treats nothing of an oath. It must be inquired, therefore, whether bishops and clerics ought to swear in specified terms. And I think that since the chapters which were excerpted from the codes and placed in the *Basilica*, of which Photius also made mention in the text, do not mention oaths at all, it is entirely forbidden that a bishop or cleric should swear. For this reason, in place of a specified oath, a writing [or *cautio*] was devised, which holds the place of a confession and fulfills what a specified oath was about to fulfill. Therefore, readers are incorrectly compelled to swear in set terms.

Text. "But also const. 3, title 2 of the *Novellae*," etc., up to "or its valuation," as on page 299.

Scholium. Const. 3, title 2 of the *Novellae* is the *novella* of Justinian 131, placed [which is] in *Basilica* book 5, title 3, chapter 9, which is inserted into the scholium of chapter 1, title 2 of the present work around the beginning. Give thanks, therefore, to the patriarch Photius, who rightly interpreted that bishops and clerics [are forbidden] to exact usury, as that which concerns them. Title 2, book 6 of the Code is placed in *Basilica* book 60, title 6, chapter 18, and you may seek the various [laws of] this ^D

work, [concerning] thefts and thieves. Title 2 of the 46th book of the *Constitutions* has been placed in *Basilica* book 60, title 12, chapter 1, and thereafter seek chapters 2, 3, 4, and 5, which state the same things expressly as were written in the text. Seek also another chapter of the same title, teaching concerning secret and manifest theft, and say that although such titles do not mention thieving clerics, yet since they are summoned by the same laws as laymen, so too are clerics summoned, and no privilege has been given to them not to be summoned for theft; they are of necessity bound by the common law.

Textus. He who takes [goods] from a fire or shipwreck, etc., as in book 3, title [of the Code]... and they themselves shall be constrained.

Scholium. The 18th constitution of title 2, book 6 of the Code is chapter 35, title 6, of book 60 of the *Basilica*, saying thus: If anyone has taken away or suppressed something from a fire or shipwreck, within a defined year he is liable for fourfold [the value] in addition to the penalty established of old. After the year [is passed], he is liable for the simple [value] in addition to the penalty already established. But that the fourfold should also be given to the *fiscus*, that is, the public treasury, as was contained in the Code, was not added in the *Basilica*. Some say, therefore, that for this reason the fourfold is not demanded by the treasury. But it seems to me that from the *Basilica* saying that he who has sinned in such a way is liable also to the fourfold [along] with the established penalty, it is shown that the treasury can also demand the fourfold. Chapter 31 of title 3, book 50, also says this: Whoever snatches, or with deceit derives gain from a shipwreck, owes to the treasury as much as he is liable to pay to the one who suffered the loss. Moreover, title 9 of book 47 of the *Digest* is placed in title 20 of book 60 of the *Basilica*, which contains a treatise on those things which are stolen from a fire and downfall [of a building]. The end of the first chapter of the same title says that, beyond the pecuniary penalty, a criminal prosecution is also appropriate. And this is peculiar to those who snatch [property] ^C from a fire, a downfall, or a shipwreck. For they are punished both pecuniarily and criminally, which does not happen in other offenses. And constitution 57 of title 9, book 47 of the *Constitutions*—which is theme 2 of chapter 57, title 12, book 60 of the *Basilica*—says, as it was summarized: For if an injurer or a thief is punished having been released [from the suit] criminally, he does not pay a pecuniary penalty. However, the 3rd constitution of title 2, book 47 of the *Constitutions* was not placed in the *Basilica*. Note, however, that when a suit concerning an offense has been moved criminally, indictments are also given. Title 2 of book 3 of the *Constitutions* is [also part of] book [60] of the *Basilica* and title 2, teaching by what ways infamy is brought in. And read theme 3 of chapter 1, saying: He is infamous who in his own name has been condemned by an action for theft, or by an action for the seizure of property, or by an action for insult, or [who], having acted with *dolus*, ^D or having reached a settlement concerning such actions and having given money, before any preliminary proceedings have occurred [is deemed infamous].

Textus. Concerning violators of tombs, title 12 of book 47 treats in general, etc., [as does the] Code, title 4, constitution 3, 66.

Scholium. Title 12 of book 47 of the Digests is title 23 of book 7 of the *Basilica*, which teaches about the corruption of a tomb, that is, of the remains buried there. The eighth chapter of the same title says that the crime of tomb-violation is referred to the law concerning public violence. It applies also in a pecuniary sense. But the extent of the penalty was not taken into the *Basilica*. The first chapter says that the crime of tomb-violation brings infamy. The seventh theme of the fourth chapter says: Those who violate tombs and strip the bodies of the dead are punished with capital punishment if they be armed, but if they be without arms, up to the mines. The tenth chapter says: Those who move remains or bones, and all the things that are contained subsequently in the text. Title 7 of book 10 of the Digests is title 1 of book 59 of the *Basilica*, teaching about monuments and the expenses of funerals. The fourth theme of the third chapter of the 23rd title of the 60th book says: One must not touch or plunder the remains of the dead. But it is permitted to transfer those which have been properly laid to rest. The seventh chapter of the same title says that one must not make the tomb worse, but that it is permitted to him to embellish it, providing he does not touch the remains. The seventh chapter of the first title of the 12th book of the *Basilica* says near the end: If the owner of the place, against the order of the priest or the order of the emperor, casts out one buried by another or bones that have been placed, he is sued by an action for insult. And chapter 1 of title 3 of the same book says: It is permitted for a reasonable cause to approach the authority and to transfer to another place remains that have been disturbed; and chapter 14 says: Let no one transfer a human body to another place without an imperial order. And the present ^B text is not contrary to the first constitution: for that one permitted remains to be transferred for a reasonable cause according to the judgment of the authorities. But this one, without mentioning a reasonable cause, [declares] that without an imperial order it is not permitted to transfer them. Title 13 of book 48 of the Digests is placed in title 45 of book 60 of the *Basilica*, the second chapter of which says: The [Lex Julia] on peculation is brought against him who has stolen something from sacred or religious places, etc. The fourth chapter says: He is subject to the [Lex Julia] on peculation who takes sacred things or money from monuments, or [even] what has been donated to God. Constitution 5 of title 49 of book 9 of the Code is placed in chapter 12, title 23, book 60, and laws 11, 12, 13 and 14 of the chapter, which say the same things as have been proposed in summary. Constitution 3 of title 4 of the Code is chapter 26, title 17, book 7 of the *Basilica*, which you may also read inserted in the interpretation of chapter 25 of the present title 9. When things stand thus, you will note that those are held by the law of tomb-violation who have removed the bodies of the deceased, buried with full and proper rites, without an imperial or episcopal order or a magistrate’s decree. Yet magistrates cannot permit their transfer without a reasonable cause, but the emperor and the bishops can permit it ^C without distinction. Therefore, those who say that this may be done by anyone without prejudice, provided that the cause of shameful gain does not underlie it—as it appears to me—speak wrongly. For this reason, a certain prefect of the reliquary-chests of Saint Mocius, when he had transferred the remains without such permission ^D

or for the sake of base gain, was by synodical action cast out from the office of prefect and deposed. ^A

CAP. XXVIII. — On those who abhor marriage, or wine, or meats.

CAP. XXIX. — On permitted or prohibited marriages, and that lectors who have reached puberty are to be asked whether they wish to contract marriage, and on concubinage, fornication, and adultery.

Text. Book 1 of the Code, tit. 3, const. 5. "If anyone merely attempts," etc., up to "and the public treasury shall take their property."

Scholium. Constitution 5 of title 3 of book 1 of the Code, and the same constitution of the same title, are not placed in the Basilics; nor is constitution 13 of the same title of the Novels, which is part of Justinian's Novel 5; nor is constitution 1 of the same title of the Novels, which is part of Justinian's Novel 6. ^B

Note concerning those who have fallen from the priesthood and have cohabited with women and fathered children by them: that they are not permitted to be called their heirs, nor can such children in any way be called their legitimate or natural children, nor may any part of their property pass to them or to their metropolitans in any way whatsoever, but the Churches to which they belong and the clergy shall take all that pertains to them. But those who dare to do such a thing after the stripping of the priesthood are not able to be promoted to any worldly office or military service, but shall live as private citizens for all time. As to how this is not observed today, I do not know. ^C

Text. And the 2nd constitution of the same title, that "If a councilor," etc., and "let him be fined five pounds for the sheep."

Scholium. The 2nd constitution of the same title of the Novels is chapter 26 of the 123rd Novel of the Emperor Justinian, or chapter 33 of book 3 of the Basilics, which contains the same things as were summarized. Chapter 30 of the same Novel also speaks of this, which is chapter 31 of the same title; but also chapter 32, concerning the questioning of those about to be ordained as to whether they are able to live chastely, and concerning priests who contract marriage, and lectors who contract second marriages—things which were mentioned at length by the patriarch. And concerning those who abduct, or violate, or debauch women who have been consecrated to God, the same 2nd constitution of the 1st title teaches, being chapter 63 of the 123rd Novel of Justinian, or chapter 12 of title 1 of book 4 of the Basilics, saying the same things as were summarized, except for the penalty. For the Basilic says that those who have sinned, and those who participated in such pollution, undergo the danger prescribed by law. But the one who compiled the Nomocanon says that they are to be punished capitally. ^D Meanwhile, listen more to Basil, and if you wish to learn

what the lawful penalties are, read book LX, title LVIII, chapter I, which runs as follows: If any have abducted a woman, whether she be betrothed, or not yet betrothed, or a widow, whether she be free-born, or a slave, or a freedwoman, and especially if the women are lawfully consecrated to God, let them be punished; that is to say, if they committed the abduction with weapons, either swords or clubs, such men shall be punished by the sword. And those who served as their assistants, or were privy to it, or willingly received them, or brought any help whatsoever, after being beaten and shorn, let them be mutilated in the nose, because those who have intended in themselves to abduct are ready also to kill those who resist. But if the abduction was committed without any weapons ^B, the one who performed the abduction shall be mutilated in the hand, but those who assisted such men in the abduction, or were privy to it, or served them, or willingly received them, or brought any help whatsoever to them, after being beaten and shorn, let them be exiled. Seek also the 35th Novel of the emperor, our lord Leo the Philosopher, which ordains almost the same things.

CHAPTER XXX. — On those who abduct women for the sake of marriage.

Apostolic canon 67; canon 11, 25 of the council of Ancyra; canon 27 of the council of Chalcedon; canon 92 of the sixth council; canon 2 of Theophilus from his commonitorium.

Text. Lib. I, tit. 3, const. 5. Si quis, etc., until it uses the prescription, as on page 309.

Scholium. Const. 5, tit. 3, lib. I of the Code is not placed in the Basilica, nor should you listen to those. Const. 4, tit. 3, lib. I of the Code is chapter 26, tit. 17, lib. VII of the Basilica, and it is inserted into the interpretation of the chapter of this present title, which you should read. Const. 4, tit. 24, lib. III of the Code is placed in chapter 17, tit. 3, lib. VII of the Basilica. This chapter, however, has been omitted.

Text. Title 41, const. 1, which says "From a slave, etc.," until all things are ^C as on pages 310, 311.

Scholium. Constitution 4, tit. 41, lib. III of the Code is chapter 46, tit. 5, lib. LX, which says: The constitution is similar to the second and the third; and it says that the master, being ignorant of the crime of the slave, is held only to a noxal judgment: but if he is not ignorant, he is held in his own name. The entire law of the constitution is of such a nature that if another person’s slave has abducted, within a year the action demands the quadruple of the goods abducted: but after a year, the single, so that the master may either deliver the slave for the injury or be held himself for that which accrued to him. But if [the slave] abducted with the master’s knowledge, the master is wholly bound for that which is appropriate, that is, for the quadruple or the single. But if he abducted your wife, you are to institute a public criminal charge against the slave himself. Const. 3, tit. 13, lib. VII of the Code is chapter 3, tit. 18, lib. XLVIII of the Basilica, which runs as follows: If a slave has carried out the abduction of a virgin, or through connivance... ^D

...may show the abduction of a virgin, he shall be set free, or if he shall refute one already granted. The 60th constitution of the 9th title of the book of the Code was not placed in the *Basilica*, nor was the 51st constitution of the same book, nor the 1st constitution of the 13th title of the 9th book of the Code, which is chapter 1 of the 58th title of the 60th book, and it was itself set out near the end of the 29th chapter of the present 9th title. But the second theme of this says these things: If therefore in such an abduction any one of these be caught, or by the parents of the women, or by the brothers, or by the guardians, or curators, or patrons, or masters, being convicted by their own hands, let them be executed, especially if they have even attempted to abduct married women. We say the same thing also if someone has abducted his own betrothed. But if such men are able to escape, both in Constantinople and wherever in the lands [they are], the officials and military commanders shall execute justice regarding what has happened. Seizing them and punishing them and not permitting them to appeal; and if indeed the abducted women are slaves or freedwomen, let the abductors be liable to [the penalty]; but if they are even freeborn, let the goods of the abductors, and of those who provided them aid in the act, be ceded to the ownership of the women themselves, through the foresight of the judges and parents, [that those goods may proceed] as a dowry [for them, or if they do not wish to marry, let them be possessed] by them [with full legal right]. But let it not be permitted for the woman herself to choose the man who abducted her as her husband, nor for his parents to command this to her; it shall be unlawful. Moreover, regarding the penalties of the constitution, let all them be against the abductors themselves, and those who aided them in the abduction; provided, however, that those who were privy to it and served it, and those who received them, and those who brought any eagerness to them, be subject to the aforesaid penalty, whether the abduction has happened with the consent of the women or without their consent. And the parents of the woman, even if they should be patient, let them be deported. And if a slave is found in the matter, let him be burned, with all other penalties remaining in abeyance. ^{A B}

Text. And book 47, title 2, Digest 39, "If someone [abducts] another man's slave-woman," etc., *usque ad* "if they consented or not, such goods are confiscated." ^C

Scholium. The 39th constitution of the 2nd title of the 47th book is chapter 39 of the 12th title of the 60th book, having exactly as it was summarized. Know, however, that even if such a person is not held as a thief or as a kidnapper, he is nevertheless punished and disciplined financially by the official. And seek the final theme of the 37th title of the same 60th book, saying near the end, "He who fornicates with another man's slave-woman, if he is a wealthy man, let him provide to the master of the slave for the offense thirty-six *nomismata*. But if he be a poor person, let him be beaten, and in proportion to his means, according to the ratio of the 36 *nomismata*, let him give." The 29th constitution of the 5th title of the 48th book is the final theme of the 29th chapter of the 37th title of the 60th book, having as it was written. The 5th constitution of the 6th title of the 48th book of the constitutions is the 2nd theme of the 5th chapter of the 18th title of the 60th book, having as it was written. The 1st constitution of the 1st title of the *Novellae* is chapter 12 of the 6th *Novella* of Justinian, not placed in the *Basilica*. The 17th *Novella*, which discusses mandates, is chapter 21 of the 3rd title of the 6th book of the *Basilica*, which says word-for-word: "Furthermore, to homicides, and adulterers, and the abduction of virgins ^D

^A who transgress, you shall not preserve the security from within the boundaries, but you shall drag them forth from there, and you shall impose punishment upon them. For it is not fitting to spare those who commit such things, but those who are the survivors, so that they may not suffer such things at the hands of the more audacious. Moreover, the security from sacred places is granted by the law not to those who do wrong, but to those who are wronged; and it would ^B not be possible for both to be secured by the security of the inviolable places, both the one who does wrong and the one who is wronged." The 2nd constitution of the same title of the *Novellae* is Justinian's *Novella* 123, lying in book 4 of the *Basilica*, title 1, chapter 16, which says these things: "If anyone shall abduct," and the following things have been written into the text. The 143rd *Novella* lies in chapter 2 of the 58th title of the 60th book, thus dealing with the matter as was declared. Read also the same 58th title in its entirety, as it teaches certain striking and numerous things concerning the abductors of women of any sort.

Chapter 31. — On men in holy orders who bathe with women.

CHAPTER XXXII. — On bishops and clerics who have become laymen, or have attained worldly dignities, or have served in the military.

- ^A be subject to the condition, he shall not assume the monastic habit within three years, but within the aforesaid time the head of the monastery shall take the risk if he wishes to withdraw. And if within the triennium someone emerges who says that he is his slave, or colonus, or serf, and that he entered the monastery either fleeing the labor of agriculture, or having stolen something, or because of some crime, and these things are proven: he shall be restored to his master with the things which he is proven to have brought into the monastery, faith having first been given and received that he will suffer no harm from his master. If no one within the triennium moves an action or controversy against any of the aforesaid persons: the head of the monastery, after the passage of the triennium, shall then grant him the habit, if he has judged such a man worthy: nor shall anyone afterwards cause him trouble regarding his status and condition, as long as he remains in the monastery. But the things which he is seen to have brought into the monastery shall be restored to the master proving it. But if any of the aforesaid persons leaves the monastery and passes to a secular life, whether wandering in cities or through the fields: he shall be returned to his own fortune and condition. And chap. 10 of the same title, which says: We also forbid parents, as soon as their children have chosen the monastic life, to drag them away from venerable monasteries.

Text. Const. 54 of the same title: It is not permitted, etc., up to *provinciali cohorti*, as on page 791.

Scholium. Constitution 53, tit. 3, lib. 1 of the Code is not placed in the *Basilica*, as we also wrote before. But seek book IV, tit. 1, cap. 9, which has it thus: "We give no permission either to parents as regards their children, or to children as regards their parents, who leave *the* secular life, to exclude them from their own inheritance as ungrateful, by reason of any cause which preceded the monastic life." The 1st constitution of tit. 1 of the Novels is the 6th Novel of Justinian; this chapter was not placed in the *Basilica*. The 2nd constitution of the same title of the Novels is the 123rd Novel of Justinian, placed in book III of the *Basilica*, tit. 1, and its 34th chapter says whatever is contained in the text. Read also the same book and title, cap. 37, which was inserted into the interpretation of cap. 36 of tit. 1 of the present work. The 13th constitution of tit. 1 of the Novels is the 5th Novel of Justinian; this chapter was not placed in the *Basilica*. The 2nd constitution of the same title is the 163rd Novel of Justinian, placed in book IV of the *Basilica*, tit. 1, cap. 11, and read this inserted word-for-word at the beginning of the current 32nd chapter. ^D

CHAPTER XXXIII. — Regarding those who know that clerics are sinning, and do not report it.

Scholium. Tit. 39, lib. 9 of the Code is placed in cap. 3,

of the 27th title of the 60th book of the Basilics, and it speaks in this manner: "He who knowingly receives one liable to a crime shall suffer the same punishment. He who receives robbers and does not bring them to the court of justice shall have his property confiscated, or be punished according to the quality of his person, as the judge sees fit." The 16th title of the 47th book of the Digests ^A is placed in chapter 1 of the same 27th title of the 60th book, and it says: "Receivers of robbers are punished as robbers, as are those who, being able to apprehend robbers, let them go after receiving money or a portion of the stolen goods." The 2nd constitution of the 16th title of the 47th book of the Digests is chapter 2 of the aforementioned 27th title of the 60th book, reading explicitly as it was written. Read also the 4th chapter of the same, which teaches how those subject to crimes are snatched away, and how they pass their time in estates, and that if the masters of the estate do not deliver these to the magistrate, they are deprived of their ownership, and the elders and stewards of this place are sent into exile. But do you seek out the whole 27th title of the 60th book. Read also book 1, title 2, chapters 22, 50, and 90, and book 60, title 39, final chapter. For they contain that, just as heretics and sorcerers are punished, so too are those who receive and conceal them.

CAP. XXXIV. — That clerics who give surety are to be deposed.

Apostolic canon 20.

Text. Constitution 25 and 32, title 3, book 1 of the Code: "Clerics, etc.," up to "make surety" it says, as on page 794.

Scholium. Constitution 25 and 32, title 3, book 1 of the Code are not placed in the Basilics. Moreover, the 2nd title of the Novellae is Justinian's 123rd Novella, placed in book 3 of the Basilics, title 1, whose 44th and 45th chapters around the end state whatever has been proposed by Photius in the summary. Furthermore, what is written in the exposition of the 20th canon of the holy apostles is sufficient for the solution of the ambiguity which arises regarding the sureties of bishops and clerics: read these.

CAP. XXXV. — Of clerics who eat in a tavern or public inn.

Apostolic canon 54; canon 24 of the Council of Laodicea; canon 40 of the Council of Carthage; canon 9 of the Sixth Council.

Text. Constitution 14, title 1 of the Novellae says that "a monk, etc.," up to "take care [that it be done]," as on page 795.

Scholium. Constitution 14, title 1 of the Novellae is Justinian's 133rd Novella, placed in book 4 of the Basilics, title 1, chapter 16, which holds just as it was proposed in the summary. Seek also the 42nd and 43rd canons of the holy apostles.

CAP. XXXVI. — Of clerics who treat the emperor, a bishop, a magistrate, or a presbyter with contumely.

Apostolic canon 55, 56, 84.

Text. Of those who treat clerics with contumely, etc.,

the civil law, etc., up to the words "to some," as in book 9, title 36.

Scholium. ^A Constitution 1, title 7, book 9 of the Code, is book 60, title 36, chapter 13, which has it as it is summarized. The first constitution of title 4, book 48, is theme 2, chapter 8, title 36, book 60, which expressly includes everything written in the text. Note, therefore, both as something to be admired and as something quite useful. Title 10, book 47, of the Digest is placed in title 21, book 60, of the Basilika from its beginning, and look for the various chapters of this regarding injuries and those discussing libels. Chapter 1 of that same title says these things expressly. Generally, injury is called that which is against the law; specifically, it is contempt and damage, as in the case of the Lex Aquilia, and injustice, as in the case of one who gave judgment wickedly and illegally. Title 35, book 9, of the Code was placed into chapter 43, title 21, book 60, saying: "He who institutes a suit for injury through calumny is either exiled or removed from his rank." And title 36 of the same book lies in title 63, book 60, and chapter 1 says: "Whoever finds a libel, whether sealed or unsealed, and does not burn it immediately, but even reads it, let him be subject to the same penalty to which the author of the libel was subject." And chapter 2: "Whoever finds a libel should tell no one else its contents, but let him tear it up or burn it; he who does not do these things shall be subjected to a capital penalty. For everyone who dares to put what he orders into the libel should accuse, knowing that if he proves it, he is deemed worthy of honor; but if he does not prove it, he is punished." Such a document, however, does not injure the reputation of the one against whom it was published. Title 7 of the 4th book of the Institutes ^B was not placed into the Basilika, but it says that the action concerning injury is brought both pecuniarily and criminally. The 2nd and 6th constitutions of title 2, book 3, of the enactments were placed from the beginning of chapter 1, title 2, of the 60th book of the Basilika. See for the various chapters of the same book and title, and read also theme 3 of chapter 1 of the same title and book, which was spread into chapter 27 of the present title, around the middle.

CAP. XXXVII. — Of those who make conspiracies or factions.

Canon 18 of the Council of Chalcedon; canon 53 of the Council of Carthage; canon 34 of the Sixth Council.

Text. The civil law also punishes factions and conspiracies, as in book 48, title 4, and title 19, enactments 11 and 16.

Scholium. Title 4 of book 48 of the enactments was placed into title 36, book 60, of the Basilika. Look for chapter 4. For it says this, after stating the chapters before it, as to who are held to the charge of lèse-majesté, it says these things expressly: "He who has prepared a conspiracy to exist against the state, and he who has plotted in the army, or betrayed these things to the enemies, and he who has by deceit prevented the enemies from coming under the power of the Romans, or has prepared them to be aided by soldiers, or weapons, or horses, or money, or in any other way whatsoever, or [if he has turned the friends of the state ^C into enemies]

or hindered another nation from obeying the state, or has contrived that hostages, or money, or pack-animals should be given to the enemies. The 11th and 16th constitutions of tit. 19 of book 48 of the Digest are theme 3 of chapter 11 of tit. 51 of book 60; and chapter 16 of the same title and book. For both punish those who form conspiracies or factions. ^A

CAP. XXXVIII. — Of the sort of faults which laying on of hands absolves.

CAP. XXIX. — Concerning penance, and who have the authority to grant reconciliation to those repenting, and that it is permitted to the priest to lessen and increase the penalties.

Text. Constitution 3, tit. 7, book 1 of the Code: "It has removed," etc., as far as "it is not permitted to revoke," as on page 814. ^B

Scholium. Constitution 3, tit. 7, book 1 of the Code is not placed in the Basilica, although such a title is placed in book 60, tit. 54, chapter 43. The 37th Novel of Justinian, which discusses African churches, is not placed in the Basilica; but it has given to them a time for penance. The 34th constitution of tit. 4, book 1 of the Code is not placed in the Basilica. The 1st constitution of the Novels is chapter 22 of tit. 1, book 3 of the Basilica, having it as it was summarized from the 123rd Novel of Justinian, and its 15th chapter was exempted. The 12th and 13th constitutions of tit. 19, book 48 of the Digests is chapter 11 of tit. 51 of book 60, which has it thus: "Concerning the quality of the crime, the penalty ought to be pronounced; and the judge ought not to appear severe, nor yet mild: but in lighter matters it is fitting for him to be mild, and in graver matters to be severe with kindly moderation." And chapter 14: "He who judges an extraordinary crime can increase and decrease the penalty; provided, however, that in either case he does not exceed moderation." Digest 1, tit. 16, book 46 of the Digest is chapter 10 of tit. 1 of book 60, which towards the end says that the investigation of the fact is committed to the judge; but the prosecution of the law is not. Tit. 4, book 50 of the Digest is placed in book 54 of the Basilica, tit. 1, chapter 1; but the 15th Digest is omitted. Constitution 1, tit. 50, book 7 of the Code is chapter 86 of tit. 1, book 9 of the Basilica, which has it thus: "That nor does it come into doubt that a successor can revoke his own sentence or that of another: nor that an appeal can be made from such a decree, is established law." Constitution 45, tit. 47, book 9 of the Code is chapter 85 of tit. 51, book 60 of the Basilica, which says thus: "It is not permitted for the governor to revoke a penalty." You may also inquire into tit. 50 of the same 60th book, chapter 1, the theme ^{C D}

^B and book 7, tit. 2, chapter 20, and book 9, tit. 1, chapters 84 and 127, and book 56, tit. 8, chapter 29.

Text. In Digest. 45, tit. 1, lib. 42, it says, etc., "either frees him, or diminishes the penalty."

Scholium. Digest. 45, tit. 1, lib. 42 is the penultimate theme of chapter 47 in the 3rd tit. of the 9th book of the Basilica, as it was written. But someone will ask, even when the 13th chapter of the 51st tit. of the 60th book of the Basilica, which was laid out behind, says that the judge can increase and diminish the penalty. How then does it say the opposite here? One who judges an extraordinary crime can increase and diminish the penalty, but one who judges criminally concerning an ordinary matter that has a penalty defined by law cannot do this. Or say that before the sentence he can increase and diminish the penalty, even if it is defined by law. But after the sentence, he cannot. For he has ceased to be the judge. And inquire into chapter 14 of the same 51st tit. of the 60th book, solve it thus, and also the 8th theme of the 13th chapter of the 21st book, and the 3rd chapter of the 3rd tit. of the same book. The 1st decree of the 18th tit. of the 48th book is the 19th theme of the 1st of the 50th tit. of the 60th book, saying the same things as were summarized. The 9th decree of the same tit. and book of decrees was not placed in the Basilica. The 27th chapter of the 19th tit. of the 48th book of the decrees is the 2nd theme of the 47th chapter of the 51st tit. of the 60th book, which says thus: "If decurions or the leaders of a city commit some capital crime, so that they are worthy of exile, or banishment, or capital punishment, the governor must keep them in chains, and report to the emperor, attaching to the report the sentence passed upon them." But the 1st theme of the same 27th chapter says: "Governors cannot revoke their own sentences," and the rest that were summarized.

Text. These things regarding completed sentences, etc., usque ad judge, as book 42, decree 55.

Scholium. The 14th decree of the 1st tit. of the 42nd book of the decrees is chapter 14 of the 3rd tit. of the 9th book, which says: "What the praetor commands or forbids he can revoke, but not his own sentence." The 19th decree of the 8th tit. of the 4th book of decrees and the 20th are of tit. 2 of book 7, chapter 19, having thus: "The chosen judge judges as it seems to him, and the praetor does not investigate his decision. But if it should seem to the civil courts that such a thing should be voted on, it is not valid, nor is he compelled to vote. And he votes who has held the intention to cut short the whole case through what is discussed. But if he has been engaged in many chapters, he does not seem to vote unless he finishes all the disputes. And if he votes to give something or that the defendant be acquitted, he cannot thereafter vote the opposite. But he can change the things discussed regarding the preparation of the case, for instance if he ordered

the Kalends to be observed, and later spoke of the Ides. Also, chapter 20: even if he errs in passing judgment, he does not correct it, since he who has judged has ceased to be a judge. And the 55th [constitution], of title 1 of book 42, is chapter 55 of title 3, book 9, being thus: "He who has voted has ceased to be a judge, and no longer may he correct the vote." ^A

TITLE X. ON ECCLESIASTICAL ADMINISTRATION AND ON PRIVATE BISHOPS.

TITLE TENTH. ON THE ADMINISTRATION OF ECCLESIASTICAL MATTERS, AND ON THE PRIVATE [PROPERTY] OF BISHOPS.

CHAPTER I. Quod oeconomum ex clero ecclesiae esse oporteat.

Concilii Chalcedonensis canon 26; concilii Nicaeni secundi canon 11; Theophili ex Commonitorio canon 9. ^B

Textus. Const. 39 tit. 3 lib. 1, Cod. Oeconomum, etc., usque ad perveniet, ut pag. 818.

Scholium. The 32nd constitution of title 3, book 1, of the Code is not placed in the *Basilica*, nor is the 21st, nor the 41st, nor the 42nd. But read the 3rd novella of Justinian, or the last chapter of the title of book 3 of the *Basilica*, which holds as follows: "Just as we have defined the expenditure concerning this, so it befits the most holy patriarch for the time being, and the most reverend oeconomi, to oversee this, and [to ensure] that other expenditures derived from ecclesiastical resources be ^C spent on pious acts pleasing to God, and that these be conferred upon those who are truly in need and have no other source of livelihood (for these things are wont to conciliate the Lord God); and that one should not, through patronage and human favors, distribute what is available for ecclesiastical expenses to those who are wealthy, and thereby deprive those in need of the necessities of life. For let the God-loving oeconomi, both those who are now and those who will be in time to come, know that if they transgress in these matters, they will be subject not only to heavenly penalties, but will also make restitution to the most holy Church from their own substance." Note, therefore, the present novella of Justinian ^D on account of the forms which are sent out by patriarchs in the name of brotherhoods and other grain pensions [rendered to] rich and powerful persons; and that these two [kinds of grants], according to his prescription, are invalid, but those which are sent to the needy are valid. Const. [tit.] of the Novellae is the novella of Justinian 120, or theme 2 of chapter 7 of title 2 of book 2 of the *Basilica*, being as was summarized. Note the present Justinianic novella on account of the mandates made by the patriarchs for fraternities and other grain-allowances to persons who are wealthy and powerful—

^A And say that these are invalid according to the summary of this [law], but that those things done for the needy are valid.

CAP. II. — On the administration of ecclesiastical affairs.

CAP. III. — On the property and revenues of churches which are without a bishop.

CAP. IV. — On the alienation of ecclesiastical [property].

CAP. V. — On the goods of bishops and clerics acquired after their ordination.

whatever has been written into the text. The 3rd constitution of Title 2 of the Novels is the ^A Justinianic Novel 131, placed in Book 5 of the Basilics, Title 3, and regarding the 10th chapter at the end it says whatever has been summarized in the text.

CAP. VI. — Concerning the private property of a bishop, and that he ought not to die intestate.

CAP. VII. — That those churches of God which are in barbarian nations be administered according to the prevailing custom.

CAP. VIII. — That neither a bishop nor a clergyman give anything by donation or testament to a heretic, even if he be his kinsman.

Text. Not only from bishops and clergymen are they prevented from receiving, etc., or receiving a legacy.

Scholium. The 10th constitution of Title 5 of Book 1 of the Code is not placed in the Basilics. The 3rd constitution of Title 2 of the Novels is the Justinianic Novel 131, placed in Book 5 of the Basilics, Title 3, and the ^B 3rd theme of the 11th chapter of the same title says whatever has been written into the text. The 19th constitution of Title 5 of Book 1 of the Code is not placed in the Basilics, nor the 9th, nor the 22nd.

Text. Which ordains the causes of disinheritance, etc., until [the words] are confiscated, as [on] page 831, 834.

Scholium. The 116th Novel of Emperor Justinian is placed in chapter 38, Title 8, of Book 35 of the Basilics. Its 14th chapter says these things explicitly: "If any [person] from the aforementioned parents, being orthodox himself, perceives his own child or children not to be of the Catholic Church," etc., as they have been summarized in the text. The 1st constitution concerning the Samaritans, being [of] Title 3 of the Novels, is the Justinianic Novel 129, and it is not placed in the Basilics, nor is the 3rd Novel, which is the Justinianic 144. But seek the 51st chapter of Title 1, Book 1, and read that along with the remaining chapters until the end of the title, which comprise whatever has been summarized in the text, and ^C furthermore many other things necessary regarding heretics. For from these, as it seems, we allow whole camps and Bogomil regions to err and to die in their own heresy: but we find one such heretic of vile condition dwelling in the imperial city, and we punish him vehemently. The 3rd constitution of Title 1 of the Novels is the Justinianic Novel 134, placed in Book 2 of the Basilics, whose chapter says whatever

those things summed up in the text are, and read this through to the 12th chapter; for all the topics of the 11th chapter teach about these things.

TITLE ELEVEN: CONCERNING MONASTERIES AND MONKS

^A Text. And Constitution 2 of Title 1 of the Novels, he says, etc., up to “unless one willingly gives it to another.” Scholium. Constitution 2 of Title 1 of the Novels is Justinian's Novel 123, and it was placed from the beginning of its 52nd chapter into Title 1 of Book IV of the Basilika. And read the 3rd chapter of such a title, or rather chapter 14 of the Novel as laid out in the scholion of the 32nd chapter of the 9th Title of the present work. But concerning the matter that monks and nuns should not dwell together, the 2nd theme of the 4th chapter of Title 1 of Book IV of the Basilika says—which is the 2nd theme of the 55th chapter of Justinian’s Novel 123—what has been summarized in the text. And concerning those burdened by legacies, or restitution under the condition of marriage or childlessness, the patriarch has summarized at the end of the 1st chapter of the 2nd Title of the present work the 123rd Novel of Justinian, or the 5th chapter of Title 1 of Book IV of the Basilika. And read this. Moreover, also what was summarized here is part of the same chapter.

^B Text. And the 134th Novel regarding vicars, he says, etc., and concerning the local magistrates. Scholium. The 134th Novel of Justinian concerning vicars was placed into the 2nd theme of the 1st chapter of the 7th Title of Book XXVIII of the Basilika, and read this; for it was not laid out here, since it was also summarized in the 4th chapter of the 13th Title of the present work. Likewise, the 17th Novel was summarized, and read it. But the matters concerning the one accused of adultery who avoided the penalties through the betrayal of the judge were not placed in the Basilika. Read also the 112th Novel of the Emperor, our lord Leo the Wise, which is most necessary.

CHAPTER II. Concerning those who become superiors or clerics from other monasteries.

CHAPTER III. Concerning slaves who become monks, and who under the pretext of piety despise their masters and do not serve them.

^C Text. Constitution 36 of Title 3 of Book 1 of the Code, says: "That which each," etc., up to "the master takes," as on page 843, 846. Scholium. Constitution 36 of Title 3 of Book 1 of the Code is not placed in the Basilika, nor is the 37th, nor Constitution 13 of Title 1 of the Novels, which is Justinian’s Novel 5. But concerning slaves who become clerics or monks, or who are promoted to the episcopal dignity, read the 36th chapter of Title 1 of the present work, and what is contained therein. Moreover, read the 9th, 10th, and 11th Novels of the Emperor, our lord Leo the Wise; for we also made mention of these in the aforementioned 36th chapter.

^D Scholium. Constitution 2 of Title 1 of the Novels is...

Justinian's 123rd Novel, set in Book 4 of the Basilika, Title 1, Chapter 3, and these contain what is in this chapter, just as they have been compendiously proposed in the text. But this chapter was inserted by us in the scholion to Chapter 32 of Title 9 of the present work: seek the explanation of it there. The same 123rd Novel, through Chapter 2 of Title 1 of Book 4 of the Basilika, says whatever matters were compendiously proposed in the text. But toward the end it says: "And we command that all these things which have been ordained by us concerning the promotion of superiors, should also hold good in female monasteries; and in addition to this, that the most religious bishop under whom the monastery is established, shall in every way appoint the superior who is elected in such a manner." The 13th constitution of the same 1st title of the "Deaths" (Novellae) is Justinian's 5th Novel; it was not placed in the Basilika, ^B nor was the 46th constitution of the 3rd title of the 1st book of the Code, nor the 39th constitution of the same book and title.

CAP. IV. — That a monk should not leave the monastery rashly, and transact business, and that monks are subject to the bishop.

CAP. V. — That monks should not contract marriage, or live with certain women as sisters, and that those who have professed virginity should not live with men.

CHAPTER VI. — Regarding monks who form factions or conspiracies.

CAP. VII. — That a monk should not bathe with a woman.

CAP. VIII. — Regarding the guarding of consecrated virgins.

CAP. IX. — De vitiatione virginum. ^A Council of the Sixth, canon 4; canon 18, 20, 60 of Basil. Read the notes of chapter 30 of title 9 of this present work.

CAP. X. — De ætate eorum qui habitum sumunt, et cujusmodi virgo dicatur. Council of Carthage, canon 122, 126; Council of the Sixth, canon 40, 41, 43, 45; canon 18 of Basil.

CAP. XI. — De monachis qui clerici fiunt, aut profanos honores consequuntur, aut militant. Council of Nicaea, canon 12; Council of Chalcedon, canon 7; from the letter of Cyril to the bishops in Libya and Pentapolis, canon 2. Read the notes of chapter 32 of title 9 of this present work. ^B

CAP. XII. — De iis qui monastico habitu utuntur, ac damnant eos qui vestitu communi utuntur. Council of Gangra, canon 12. Text. It is said in book 1, title 4, constitution 4: "Mimes, etc.," up to "is exterminated," as on page 863. Scholium. Constitution 4 of title 4 of book 1 of the Code is not placed in the *Basilica*. The 2nd constitution of title 1 of the *Novellae* is Justinian’s *Novella* 123, which is placed in book 4 of the *Basilica*. Indeed, chapter 64 of the same *Novella*, or chapter 13 of the same book and title, states at length what is proposed in summary in this present chapter, adding that those who mock the holy habit are to be punished by bishops and magistrates. ^C

CAP. XIII. — De muliere virilia [indumenta] gestante. Council of Gangra, canon 13.

CAP. XIV. — Ne mulieres religionis ergo detondeantur. Council of Gangra, canon 17.

CAP. XV. — De eo qui prætextu religionis liberos aut parentes non alit. Council of Gangra, canon 15, 16.

CAP. XVI. — Cujusmodi civilia negotia vel procurationes monachi obire possint. ^D Council of Chalcedon, canon 3. Read the notes of chapter 3 of title 8 of this present work.

TWELFTH TITLE. ON HERETICS, AND JEWS, AND PAGANS.

CAP. I. — What is heresy, what is schism, and what is an adulterated conventicle. Basil’s canon 1. CAP. II. — What is a heretic. Council of Constantinople, canon 6.

Text. Constitution 1, title 1, book 1 of the Code, says: "Qui sanctam," etc., usque ad "non possunt," as on page 870.

Scholium. ^A Constitution 1, title 1, book 1 of the Code, is chapter 1, title 1, book 1 of the Basilica, which reads as it has been briefly proposed in the text. Constitution 2, title 1 of the same book of the Code, is theme 2, chapter 18, title 1, book 1 of the Basilica, which contains the same matters. Constitution 3 of the same book and title of the Code is not placed in the Basilica. The 1st Constitution of title 3 of the Novellae is placed in chapter 50, title 1, book 1 of the Basilica; and it is Justinian’s Novella 109, which comprehends (to speak in summary) that heretics shall discharge no military service or any public function whatsoever. It says, moreover, that they are heretics who are not partakers of the sanctifications through the priests in the holy Church of God. Item: To heretical women are not given the privileges which have been given to orthodox women: namely, that instead of a sufficient caution concerning their dowry matters and nuptial gains, they might have tacit hypothecs against ^B the goods of their husbands, and in these hypothecs might even vanquish more ancient creditors, for the satisfaction of their dowry-related assets and marital gains.

Text. And the matters concerning heretics are treated at length in title 5, etc., and that they ought to dare nothing against Christians.

Scholium. Title 5, book 1 of the Code, is placed from the beginning of Constitution 2 into title 1, book 1 of the Basilica, and its 18th chapter says: Let heretics not teach, nor perform ordinations. Chapter 19: Let heretics not make petitions; and the places detained by them are to be vindicated by the Churches. 20: Let Manichaeans and Donatists not have the privileges of the orthodox, but rather let them be visited with capital punishment. 21: Let heretics be driven from the cities, and whatever has been left in any way to the Churches (which are, indeed, ^C audaciously so called by them) be vindicated by the Catholic Church. What the Constitution of title 5, book 1 of the Code discusses concerning curial offices is not placed in the Basilica, nor is the constitution of the same title and book, which—

ordains that monasteries should not be built by heretics, nor that they should enter military service. The 23rd chapter of the first title of the first book of the Basilica says: Let the Apollinarians, who do not obey the four holy councils, and whoever dares either to say something, or to teach, or to keep writings against the holy council of Chalcedon, be subjected to the penalties specified in the present constitution. ^B The 24th chapter stays: Let heretics be committed to the customary burials. The second theme of the same chapter says: A Manichaean discovered living in the Roman territory should be beheaded; and that heretics do not become eligible for offices, and what follows in summary in the text. The 25th chapter ordains these things: If parents are of a different faith and religion, the will ^C and desire of the one who upholds the orthodox faith regarding them shall prevail, even if the father is the one who contradicts it; but he should not, out of indignation, deprive them of necessary sustenance or other necessary expenses because of this; but, indeed, also providing a dowry or a pre-nuptial gift, let him join them in matrimony to orthodox persons, putting forward no other pretext for anger against them. But the provision that orthodox children, if they sin against heretical parents, should be punished, was not taken into the Basilica, and thanks be to him who compiled these, for this as well. The 28th chapter of the first book of the Basilica says: Let no heretics at all practice clandestine meetings or spurious baptisms, nor let them dare to touch the adorable communion at all, or use the privileges of the places in which they have workshops, fearing the penalties ^D of those who oppose the laws, to which the provider of the house is liable. Let the Montanists specifically have no one among them called patriarchs, or communicators, or bishops, or priests, or deacons, within Constantinople; let them be forbidden to traffic within its borders, and to hold licentious meals or impious banquets, or to trade in slaves, for the sake of the assigned penalties for each point. The 29th chapter of the same book and title was inscribed at the end of the first chapter of the ninth title of the present code; and read this being ordained: that heretics should not testify against an orthodox person. The second constitution of the 58th title of the "Neharon" is a Justinianic novella; however, this chapter of it was not placed in the Basilica. The ninth title of the first book of the Code was placed in the 32nd chapter of the first title of the first book of the Basilica, and those summarized by the patriarch of the same title and book are chapters 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43.

CHAPTER III. — Concerning heretical books.

NOMOCANON. — TIT. XII, CAP. IV, IX. 1162

are summarized compendiously. Constitution 10, tit. 1, lib. 1 of the Code is chapter 17, tit. 1, lib. 1 of the Basilika, and it provides as is written. Constitution 6, tit. 5, lib. 1 of the Code is chapter 22, tit. 1, lib. 1 of the Basilika, which provides in the same manner. Constitution 8 is chapter 23 of the same book and title of the Basilika, and it has been set down in the second chapter. Read it, therefore, and pass over what has been written after it, as these are inoperative, but since they are not set down in the Basilika, they are void. Constitution 16 is the final theme of chapter 27 of the same book and title, and it says in addition to these: let all the books of the Manichaeans be burned. Let no one ^B under any pretext whatsoever preserve them, lest he too fear the appropriate penalty. Constitution 5, tit. 1 of the Novels is not set down in the Basilika. Tit. 2, lib. 10 of the Digest is situated in tit. 3, lib. 42 of the Basilika. But as to what of that title of the Digest, 4, had been placed before the purification, it says: that magic books are not to be divided, just as it has been summarized compendiously. The second theme of chapter 4 of title 3 of the 42nd book has been set down into chapter 25, tit. 9 of the present compilation, which you should also read. Constitution 5, tit. 1 of the Novels is a novella of Justinian set down [which is] in chapter 55, tit. 1, lib. 1 of the Basilika, which you should likewise read.

CAP. IV. — On the abolishing of idols.

CAP. V. — On Nestorius, Musaeus, Eutychian, Porphyrius, Maximus, and Celestius, and the heretics constituted by them, and the orthodox who have been expelled.

CAP. VI. — That an oblation ought not to be made in the presence of a heretic.

CAP. VII. — On heretical clerics who approach the orthodox Church.

CAP. VIII. — On bishops and clerics who communicate or join in prayers with heretics, or allow them to officiate [in sacred matters], or receive their baptism or sacrifice.

CAP. IX. — On bishops or clerics who receive blessings from heretics or Jews: or pray in churches or monasteries of heretics, or of heathens, or who observe the Sabbaths of the Jews or celebrate feasts with them, or offer in the synagogues or temples of the heathens, and concerning the Angelici.

9, 29, 32, 35, 37, 38, 39, 42; of the Sixth Council, canon 11.

Text: Constitution 1, title 9, book 1 of the Code says: "That which to the public body," etc., up to "to the similarity of public revenues," as on page 882.

Scholium: Constitution 1, title 9, book 1 of the Code was not placed in the *Basilica*. The 8th Constitution of title 5, book 34 of the Digest is chapter 1, title 180, book 44, stating all that has been summarized in the text. Title 48, book 6 of the Code was placed in chapter 30 of the same title 18, book 44; search for this, and the chapters after it. The 9th Constitution of title 11, book 1 of the Code is chapter 14, title 1, book 1 of the *Basilica*, ordering the same things.

CAP. X. — Concerning a bishop who, in his knowledge, calls a heretic fit for communion. Council of Carthage, canon 124.

[CAP. XI. — That one must not go to the false martyrs of heretics.] Council of Laodicea, canon 34.

[CAP. XII. — That heretics must not enter the church.] Council of Laodicea, canon 6.

[CAP. XIII. — Concerning marriages of heretics with the orthodox.] Council of Laodicea, canons 10, 31; Council of Chalcedon, canon 14; Council of Carthage, canons 21, 24; Sixth Council, canon 72. ^B Seek, indeed, regarding this matter that which is truly beautiful in the canons of Basil the Great to Amphilochius, canon 9, near the end.

Text: Civil law, even if it is—etc., up to "is accused of adultery," as on page 886.

Scholium: Title 2, book 23 of the Digest was placed in title 4, book 28 of the *Basilica*, and the 1st Constitution says the same thing regarding marriage. The 12th Constitution of title 5, book 1 of the Code, namely chapter 25, title 1, book 1 of the *Basilica*, was laid out in the middle of the scholium of chapter 2 of the present title. Read also the 72nd canon of the Sixth Council in Trullo; from which you may learn that a believer is not joined by the law of marriage to an unbelieving woman: although some, misled by the end of that same canon, have boldly said otherwise, teaching about unbelievers who became believers after the marriage. ^C But I, knowing the Iberians to be orthodox and that they have accepted all our traditions, and seeing them giving their own daughters in marriage to the Hagarenes, I wonder and am at a loss as to how this is not forbidden by their own bishops, who know and read the decrees of the divine canons. Therefore, I pray that this also may be corrected by the prayer and intervention of our most powerful and holy emperor. The 18th Constitution of title 5, book 1 of the Code was not placed in the *Basilica*. But the 8th Constitution of title 1, book 5 of the Code is chapter 2, title 2, book 27 of the *Basilica*. Note this, however: on account of the difference in religion, it was not added to the *Basilica*. For that 2nd chapter says these things: "If a woman who is of her own right and of perfect age, when she has received the earnest money, refuses the marriage: in double..."

^A amount she shall restore the earnest money. But if she is a minor and has requested a dispensation of age, and has again received earnest money, she shall restore the double. If she is an underage girl and has not herself requested a dispensation of age, she shall restore to him the simple amount which she received. But if the father of the girl, or the mother, or the grandfather has received earnest money on behalf of the granddaughter, they being of perfect age, these also shall be held to the double amount, if they refuse to perform the marriage when it could have proceeded. But if the marriage is destined to be void, let the earnest money be returned in simple amounts. But if the marriage was not void, but is refused for a reasonable cause, if they knew the cause even before the betrothal, let them blame themselves for why they betrothed such a person. But if they were ignorant, or if the cause happened many times after the betrothal, let the simple amount be returned. We say the same thing also in the case of the betrothed husband who refuses the betrothal. The rule that the earnest money is quadrupled ^B when the betrothed woman refuses the marriage does not now prevail, unless perhaps this very thing is specifically agreed upon by contract. And any security made outside the definition of this constitution shall be void. The constitution of the 9th title of the 1st book of the Code is chapter 33 of the 1st title of the 20th book of the Basilika, which says the same things.

CAP. XIV. — Of those converted from heretics to the Orthodox faith, and whether they can be received into the clergy, and which of them are baptized, and which are only anointed, and that heretics should be treated kindly so that they may be converted.

Canon 8 and 19 of the Council of Nicaea; canon 68 of the Council of Laodicea; canon 7 of the Council of Constantinople; canons 47, 57, and 66 of the Council of Carthage; canon 95 of the Sixth Council; canons 1 and 47 of Basil; from the letter of Theophilus to Aphyngius the bishop. The Council held under ^C Cyprian decrees that every heretic coming to the Orthodox faith is to be baptized, saying that the washing of heretics is not baptism.

CAP. XV. — That neither bishops nor clergy should make gifts, or bequeath anything in their wills, to heretics, even if they be their kin.

Canons 23 and 81 of the Council of Carthage. Read what is written in chapter 8 of title 10 of the present work.

CAP. XVI. — Of heretics doing penance.

Canon 5 of Basil. Read what is noted in chapter 39 of title 9 of the present work.

CAP. XVII. — How bishops may vindicate the places that belong to them, but which are held by heretics.

Canon 121 of the Council of Carthage. Read what is ^D noted in chapter 10 of title 8 of the present work.

CAP. XVIII. — Of those who attempt to invalidate what was enacted at Ephesus.

Canon 6 of the Council of Ephesus. Read what is noted in chapter 3 of the present title.

TITLE XIII. OF LAICS.

CAP. ^A PRIMUM. — That a laic who, while living in a city for three Lord’s days, has not come to church, shall be removed from holy communion. Canon 11 of the Council of Sardica; canon 80 of the sixth Council.

CAP. II. — Of laics contracting marriage a second or more often, and of forbidden marriages, and of intercourse. Apostolic canon 19, 48; canon 16, 17 of the Council of Ancyra; canon 2, 3, 4, 7 of the Council of Neocaesarea; canon 1, 10, 31 of the Council of Laodicea; canon 16 of the Council of Chalcedon; canon 53, 54, 72, 98 of the sixth Council; canon 4, 18, 23, 24, 41, 50, 53, 66, 67, 75, 76, 78, 79, 80 of Basil; from the same, from the letter to Diodorus; from the letter of Theophilus, Archbishop of Alexandria, to Agathius the bishop.

Text. The civil law does not punish second marriage, or polygamy, etc., up to digest 38, 51, 55, 67, as on page 902.

Scholium. Title 9, book 5 of the Code, is not placed in the Basilica. But the Novel concerning marriages is Novel 22 of the Emperor Justinian, placed in book 28 of the Basilica, title 14, chapter 1, ^B which orders whatever has been summarized in the text. And read that whole title 14 of the 28th book, as it is very necessary and teaches many very useful things for the sake of men and women repeating marriage. The 10th and 11th constitutions of title 2 of book 3 of the Dispositions, is title 2, chapter 10 of book 21 of the Basilica, saying thus: "By order of the prince, a woman can repeat marriage within the time of mourning"; and chapter 11, theme 2, which has this at the end: "She who has given birth during the mourning period can marry immediately." Title 5, book 5 of the Code, is book 28 of the Basilica, title 15, chapter 23, saying thus: "That no one who is under the rule of the Roman name can have two wives, is clear, since even in the praetor's edict such men are marked with infamy, which matter the ^C competent judge will not suffer to remain unpunished." Title 6 of the same book 5 of the Code, is book 28 of the Basilica, title 15, chapter 24, and the same title, chapter 44, which is Constitution 6, says this: "If the account of the guardianship or care has been rendered to a girl by a guardian or curator, and she has reached her twenty-fifth—

year, and the fixed year has passed, the son of him who served as guardian can take her as his wife." If, moreover, the girl's father, when dying, had requested this—that the girl be joined to the guardian's child—in this way also, the marriage is valid. ^A The 7th Title of the 1st Book of the Code is placed in the 28th Book of the Basilica, 5th Title, 27th chapter, which chapter says this: "If anyone holding any magistracy whatsoever shall attempt to take as a wife, against her will or against the will of her parents, any woman whatsoever, let him pay a fine of ten pounds of gold for this undertaking. But when he has departed from his office, let him not attempt to use the privileges of the magistracy. But if he should attempt to use them, let him be expelled for two years from that city in which he wished to use the privileges; and it is permitted for the girl and her father to bear witness concerning this, that the magistrate wished to contract the marriage; and once the testimony has been given, they shall be outside the jurisdiction of that magistrate both in criminal and civil cases. And if the governor of a province or a military officer is the magistrate, let them be subject to the governor; if both [are involved], let them be subject to the Prefect of the Praetoriums." The 38th Constitution, the 51st and 55th and the 67th of the 2nd Title of the 23rd Book of Constitutions, are diverse chapters of the 4th and 5th [chapters] of the 28th Title of the Basilica; for the 2nd [Constitution] of the 23rd Book of Constitutions was placed in the 19th chapter of the 4th Title of the 28th Book of the Basilica, and the 22nd chapter says: "The man who exercises an office in a province cannot marry a woman born there or having her domicile there; he is not, however, forbidden to betroth her. But if the woman does not wish to contract the marriage after the termination of the office, she returns only the earnest money. But he may take her as his wife before she has been promised; and the dowry does not become void, but remains valid." ^B Chapter 25: "Things that are given in illicit marriages are not considered a dowry, and for this reason, whatever the alleged husband received out of the things given as a dowry is taken away from him, even if he happened to have received the fruits." By the same 25th chapter, theme 3: "If a guardian or curator, while he is conducting the care, has adopted the husband of his former ward, or the father of the man who is his ward, the adoption is void, but the marriages are not dissolved; as happens when someone adopts his own son-in-law." And the 42nd chapter, which is the 2nd Constitution of the 6th Title of the 5th Book of the Code, says this: "Someone having an emancipated son, after he had already taken a wife and the marriage was established, and children had been born from the bride, was designated as the curator for his own daughter-in-law. Now, the husband of the daughter-in-law, fearing lest the marriage become invalid by reason of the father's curatorship, petitioned the Emperor. He replied that the marriage was indeed valid, but that the father should desist from the care, and, with another being substituted, the father should render the accounts to him." But since we have set forth diverse chapters at the end of the present 2nd chapter concerning illegal and nefarious marriages, and some say that a marriage legitimately established ^C is not dissolved by a later occurring evil, while others say that it does dissolve it: I ask, concerning which a question has been raised many times in the councils, if anyone, after he has rightly contracted a marriage, with ^D his

^A wife’s mother, or any other person related to his spouse, commits incest, shall the marriage be dissolved, or not at all mentioned, but rather shall they who have committed the incest be punished? For the law says in book 2, title 3, chapter 85, theme 10: “Things that are established from the beginning are not invalidated by subsequent events.” But if the complete religious rite has not yet been performed, but only a betrothal has intervened, and after this the groom defiles himself with his mother-in-law or another relative of his fiancée, the marriage shall be hindered, due to the canon which says that matters which could not have been established from the beginning are invalid, and because incest committed with knowledge is not permitted. And these things were written for the explanation of those things summarized by the patriarch. ^B Know, however, that the present second chapter requires much exposition. For many and diverse laws have been issued regarding prohibited marriages. And since we have already explained the treatise concerning those who are entering into marriage, learn also those things which more frequently concern those contracting matrimony and forbidden marriages. For by the ancient law, three marriages were recognized, but in the days of the Emperor Lord Leo the Wise, a schism occurred in the Church among the chief priests—for the majority did not permit a third marriage—and this division lasted until the time of his son, the Emperor Lord Constantine Porphyrogenitus. A decision was issued at that time, which is called the [Tome] of Union, which discusses when a third marriage is permitted and when not; which decision you should read as inserted into the interpretation of the fourth canon of Saint Basil. But you should not say that any other than a third marriage ^C is permissible. For even third marriages were called polygamy by the ancient laws. Furthermore, regarding forbidden marriages, read the 80th and 81st chapters of the 5th title of the 21st book. For they divide relationship into three parts: into ascendants, descendants, and those on the collateral side. And ascendants are parents, grandparents, and so on; descendants are children, grandchildren, great-grandchildren, and so on; on the collateral side are brothers, children of brothers or sisters, paternal or maternal uncles, cousins, and so on. Then they also call another relationship, by abuse of language, that which is by affinity, or [incestuous] relationship. And after they have spoken on this matter and taught the degrees of each relationship: regarding the marriages of ascendants and descendants, even if they were not born of legitimate marriages, they assert that they are prohibited to infinity; but they make the union of those related on the collateral side free from the eighth degree, and likewise they impede the marriages of those related by affinity up to the sixth degree inclusive. But after, in the days of that most holy patriarch Lord Alexius, a doubt arose regarding the seventh degree of consanguinity—for some said that no one ^D could take the daughter of a great-uncle’s grandson as a wife, because by the laws, marriages of those related by blood are permitted from the beginning of the eighth degree, while others opposed [this view] regarding relationship

^A of the sixth degree being prohibited only, and [arguing] that the seventh ought to be unimpeded, as not having been forbidden. The aforementioned patriarch, with the synod present at that time, determined these things explicitly. "Since, therefore, Basil is related to Theoctiste in the seventh degree, and the law permits marriage between those related in the eighth degree, but forbids it to those in the sixth, yet for those in the seventh no arrangement has been made: such a marriage is not to be permitted before it proceeds, but after it has proceeded, it is not to be dissolved, provided those thus joined are subjected to penances." This synodical decree prevailed until the times of that most holy patriarch, the lord Lucas. But then, in the month of April, in the 14th indiction, in the year 6676 ^B, when the late most holy metropolitan of Athens, the most venerable lord Nicholas of Hagios Theodoros, reported to the council that great spiritual harm was arising from this to some of those in his parish who, for fear of the penances, had contracted secret marriages in the seventh degree, a synodical judgment was made encompassing these things. On account of these things, therefore, our moderation, with the holy assembly of the brethren, confirms, supports, and, as it were, interprets and clarifies the synodical economy made by that most holy patriarch, the lord Alexius, regarding marriage between blood relatives in the seventh degree—which is neither explicitly forbidden nor clearly permitted by the civil law—and at the same time cuts away what is harmful and superfluous to many, and as if plucking it up from the very root, so that ^C no more illegitimate shoots may sprout up, nor shameful children be multiplied, nor the number of those alienated from divine laws increase. It not only forbids a marriage of this degree when the faculty [of contracting it] is sought, but also orders that one contracted even before such a request be dissolved, so that from this day forward such marriage may cease entirely. It decrees, however, that marriages of this kind already contracted should by all means remain indissoluble. Therefore, whoever shall dare to contract such a marriage hereafter will not only in no way enjoy the purpose intended, but, after the dissolution of such a contract, will be subjected to excommunication as a despiser of this present synodical decree and as one who confuses related blood. And those who consent to those so contracting will be subjected to canonical severity, and those who dare to perform the holy rites for them will be subjected to deposition. There was also issued in addition to this an order from our mighty and holy emperor in the month of May of the same indiction, decreeing these things in part; wherefore also our imperial majesty, maintaining the same opinion on the resolution of the proposed question with my most holy lord the ecumenical patriarch and the holy and divine synod, declares that this synodical answer to the same question—or, to speak the truth, this statute—as one ^D that is in accordance with the divine canons and civil laws, shall prevail henceforth and be held irrevocably and for all time, sharing the same opinion on the resolution of the proposed question.

^A And the matters concerning the seventh degree of marriage were thus resolved. Since, however, the marriage of those related in the sixth degree of kinship was forbidden, as we said, in the days of that most holy lord Sisinnius, and it appears that two first cousins took two sisters as wives, a tome was issued by the same patriarch setting forth these things at the end, our humility determined that such marriages should no longer have a place among Christians, nor ever be performed by anyone. And it suggests to all in common, and by the authority of the Holy Spirit, it decrees in a fatherly and lordly manner that no one at all from now on—whether someone is in high office or authority, or is prosperous in wealth, or is of the many and the common people—shall enter into such a marriage. And if anyone from this time forward, regarding these things as nothing, shall throw himself into such a marriage, or give his children to it, this person shall be excommunicate from the Church all the days of his life, and he shall not be received to repentance before he dissolves the marriage, even if he has already had children from it. But the priest who gives a prayer for such a marriage shall fall under deposition. With these things being thus, and a doubt arising concerning such a contract, a recent decree was issued by the mighty and holy emperor at the royal and divine court in the month of June, ^B of the eighth indiction. These things concern the right end. Therefore, so that both may be well preserved and respected—both the majesty of the imperial and hierarchical decrees, and the precision of the laws and canons—neither is the solution to be completely given to this tome, nor is its operation to be utterly allowed, but the middle path must be walked, which they call royal, and both must be preserved. Then, regarding that original [tome-writer] high priest and the emperors who mentioned his tome, and [the rule] that no one may venture anything contrary to the laws and the canons, which such a tome brought in. For it is necessary that a contract introduced by such a tome, if it has already been accomplished and [is] not [before] inquiry, should not be pulled apart, but those who are thus joined in marriage should be weighed according to the judgment and examination of the local high priest, so that the cohabitation is preserved for them, yet having fallen into inquiry, it should not be granted without the appropriate penances and injunctions. Wherefore, ^C reverence was spoken of above, and [it should not be done] fearlessly or thoughtlessly and contrary to those who ask, but it should not be permitted, but rather with an injunction and also [with] a remembrance of the aforesaid tome, that they receive [the instruction] from the Church, and [concerning] the things set forth in it; and if they desire to honor the decree and to keep the things distinguished in it unshaken, they are to be praised in all respects. But if they prefer to perform what has been forbidden by it, they will indeed be permitted to do so. Yet they shall nevertheless be subjected to the appropriate penances, [as] these things of the tome of the patriarch lord Sisinnius; but also, of the things decreed by the imperial ^D command, do not say

that all nuptial contracts of the sixth degree of consanguinity are rendered void by them. For there exists a command of our ever-to-be-celebrated emperor, lord Alexios Komnenos, ^A issued at the suggestion of the proedros and hetairiarch of the guard Bardas Zeras, in the month of March of the fifteenth indiction, and sent to the most holy patriarch, lord Nicholas, of that time, and to the holy and divine synod, decreeing that a father’s sister and a brother’s daughter, and a father’s brother and a brother’s son, may be joined without hindrance, even if they have a relationship of the sixth degree of affinity. And read this command, which was recorded in a synodal note found in the codices of the aforementioned patriarch, lord Nicholas. ^B And since a discussion once took place at the imperial tribunal regarding whether the same man could marry two second female cousins, as if they were in the seventh degree—the contract having been brought from the degree of affinity—a command of our mighty and holy emperor was issued, decreeing that this should never happen, because the man and the woman are reckoned as being of one degree, and the contract reaches the sixth degree of affinity. And since such a command did not happen to be recorded in the public archives, I have nothing more to write. ^C But the Church forbids such a marriage. Read also the 67th canon of Saint Basil, and what has been written as an interpretation of it. Furthermore, you should know that before the reign of the ever-to-be-remembered emperor, lord Alexios Komnenos, betrothals were conducted in a different manner; but in the month of July of the seventh indiction, in the year 6512 [A.M.], a novel legislation of the same emperor was issued, which says this: The old and ancient legislation set distant limits for betrothals and marriage. And more so for those parts which the proverb recognized as the land of the Phrygians and Mysians. ^D And the note completed by synodal deliberation under the late patriarch, lord John Xiphilinos, whose authority the ever-to-be-remembered among emperors, lord Nikephoros Botaneiates, confirmed by a golden bull, appears to bind together into one what was previously separate; and from this, what the synodal tome decreed regarding marriages, it explicitly declares regarding betrothal: that two brothers are not permitted to betroth two female cousins. And the common man, approaching the matter without examination and being utterly unable to reach the mind of the synodal judgment, would thoughtlessly attack it, because, not being able to understand clearly either when a betrothal is or how it has its security, he would perhaps write off the lack of examination of his own mind against the exactitude of the Church. But the piety of our empire, setting its hand to the deliberation more authoritatively and having arbitrated the apparent opposition well, has found an excellent harmony through the present legislation. For since the old law determined marriage based solely on the will of those entering the contract, and regarded nothing beyond the consent, and the contract, and the betrothal gifts—we, by the grace of God, for a much more decent and sacred

^A advancement of the things of life, have passed beyond that state. And so, not only marriage itself, but the betrothal too, has a holy benediction performed upon it, and the time defined by the more recent edict of the most philosopher-emperor, our lord Leo, for the initial union of those concerned—that is, the fifteenth year of age for males and the thirteenth for females—the old law judged sufficient for the purpose of a perfect matrimonial union. Our majesty, having considered this, has deemed it necessary by the present edict to declare securely that those are valid betrothals and equivalent to marriage, according to the careful examination of the synod, [maintaining] as long as they had kept the time determined by the edict of the emperor our lord Leo, and recognized the holy benediction following upon them, and that the observation of the synodal tome ought to hold in their case. For even if one of the contracting parties, whether by death, or by some other stroke of fortune, or by a change of mind, should happen to break away and transfer himself to a marriage union with another, a not inconsiderable absurdity is dragged in here, if the prayers preliminary to marriage, having been performed at the betrothal, are regarded as something vain and arbitrarily accumulated, and this matter is understood in a different way, as if God were not brought into the midst of the persons being joined through the betrothal. For this reason, the aforementioned ^B illustrious emperor, having wisely followed the canon of the holy and universal sixth synod—which forbade one who had already been betrothed while the betrothed was still among the living to come together for matrimonial intercourse with another, having clearly defined the matter as adultery—rightly harmonized it with the apparent contradiction of the ancient law, [deciding] that the separation occurring after the benediction given to the betrothed is, according to its voice, a true dissolution of the betrothal. But if any betrothals have already taken place according to the custom of the many, and agreements have been executed, but the set time for the benediction owed to Christians has not yet arrived, and the customary prayers over those betrothed have not been pronounced by the priest, these are not, as far as ecclesial precision is concerned, true betrothals, nor are they to be so named, nor does the synodal admonition have force against them; but as they were secured simply by the pleasure of human beings through questioning, they carry their force and preserve the validity of the ancient law. For in this way, the old law ^C will be preserved whole, just as it was formerly proclaimed regarding fasts. And the judgment of the synod will be preserved untouched in general and unassailable, being understood and interpreted according to the observation here. Since these things are so, those betrothals are marked as true which are known to have been performed with the holy benediction at the appointed time; but those taking place according to the older legislation, as secured by human pleasure, have been ^D conceded to retain their validity. And only the old-born [...]

law is permitted to prevail over these, as it decreed that the prohibited persons should be kept from approaching the separated bride. We must now prefix something to the present subject that pertains to the propriety becoming to Christians; for, since matters were being conducted according to the precise and appropriate reasoning of both the old and new legislation, the great multitude, clinging to the authority of the older laws, used to perform betrothals after the seven-year period without hesitation, and each would fearlessly approach those betrothed to them, inflaming the fever of desire through constant association and the freedom of intercourse. But the more sacred portion of the populace, following the new decree of the emperor, established a separation between betrothal and marriage, first chanting the prayers for the betrothal and then those for the marriage over those being joined. However, these were performed simultaneously and at the same time, and both betrothal and marriage were completed in a single interval, with an instantaneous moment falling in between, correcting this so that it would not happen without due deliberation. ^B Our piety decrees through this present general edict that those agreements made according to the seven-year period of the contracting parties, and thereafter up to the fourteenth or twelfth year of age, are not to be regarded as having any orderly, lawful, or secure standing of betrothal at all; but rather, they are to be judged merely as flawed inquiries and to operate according to the nature of other contracts, and thus in this way for all those living under us, the older law remains as it was pronounced regarding betrothals, and they are required to have complete efficacy regarding the prohibited persons approaching the separated bride, because of the superiority of the way of life befitting the Christians. For even if what is done is not a complete betrothal in the strict sense, yet because what is being done seems to have the purpose of a betrothal and starts to lay a foundation for marriage, it would be highly reasonable for the persons prohibited by the law also to face that prohibition, and for no one—daring to take one as a wife—to be shameless, as the old law did not allow one whose betrothed was becoming the spouse of another to come together with her in marriage once the betrothals were dissolved. ^C However, when the time comes which we recognize as appropriate for both betrothal and marriage—that is, the female having passed the twelve-year period, and the male exceeding the fourteenth—then for the first time the betrothal is to be performed with the sacred incantation of prayers and the usual observances, that is, the pledge and the kiss of affection to the betrothed, and thus, after a shorter or longer time interval as may seem fit to the contracting parties, the lawful marriage shall follow without delay, and not occur simultaneously in a single day and hour, as is often the case with matters separated by a longer expanse of time. For in this way, as the sequence progresses, the old law will be upheld in marriages as regards those prohibited ^D from counting the persons, not permitting these to enter into the separated betrothed's...

^A sphere, and the ordinance of the most philosophical emperor will seem to prevail and be administered fittingly in all things; and the persons entering into agreements will be restrained from untimely and improper meetings, and will conduct themselves in purity, coming together with one another at the appropriate time with holy invocation. But when the betrothal and marriage are to be fulfilled for them, and if anyone should dare to perform a betrothal contrary to the matters decreed by this present ordinance of our empire, and should appear, after the first day of the coming month of July of the current seventh indiction of the year 6592, to follow those practices—even though these have been proclaimed generally against all and ought to prevail in the future—and should dare to settle pledges before the lawful time and the holy blessing, or should allow the persons contracting to come into one another’s sight and to have indifference toward each other, the notary who draws up the betrothal contract shall be removed from his post; and those who bring about the betrothal before the proper time shall know that they render themselves liable to human and divine indictment. The public treasury shall extract from them, through the secretum of the household, the penalty for each one of them attached to the contracts, in full, for contempt of this present ordinance; and we believe that God himself will rise up against them, because they did not hesitate to introduce wickedness by deliberate choice into the midst of the young. For if the old law is not abolished, a perfect betrothal cannot be accomplished. ^B Indeed, those contracting who refuse to put into effect the provisions of the more recent legislation are doing nothing other than allowing people who are joined to each other by no legal tie to be corrupted contrary to the law, by bringing about lewd desires in the souls of the young through immoral association. Likewise, another mandate of the same emperor was released regarding the same legislation, having force in such a way that we know [we have legislated] in the month of July of the eleventh indiction of the year 6590 concerning marriage and betrothal, [everything] that is contained both in such legislation and in the report; and we do not allow any of these to be disturbed, but we wish them to remain inviolable and unchangeable forever, and that the constitution of both betrothal and marriage should take place as has been said, and that the time be kept un-innovated, and that of those being joined, one be over fourteen years of age and the other over twelve. Since nothing was then stipulated as to whether betrothals concluded in such a way would be dissolved by the payment of fines, or whether they would remain entirely indissoluble, for this reason we ask this question ourselves and decree that such betrothals, which are essentially betrothals, shall remain immutable, unchangeable, and entirely indissoluble, ^C as God is introduced into the midst of those being joined and strengthens such a union through the prayer of the holy rite, and that these never

^A remain entirely indissoluble, and are only dissolved by the same causes by which marriages are dissolved, for which it has been legislated that these [betrothals] are equivalent. And ^B even those parties generally prohibited from marriage or betrothal shall be deemed to have the impediment according to the accepted opinion, and by the aforementioned law, and nothing shall be done by anyone unless the Emperor should, for some administrative reason, permit both the betrothal and the conjunction through the holy rite within the prescribed years. For it is permitted to Emperors to act for the purpose of administration more effectively than according to the laws, just as the wise Emperor has said, and the older legislations also. And though they shorten the time, they will not allow a natural union later than the appointed times. The one [the youth] in his fourteenth year, and the other [the maiden] in her twelfth, must be kept under the careful supervision of their parents so that it is not done before the stated time, lest both the one who performed the premature union and his parents be subjected to the laws regarding those who corrupt. And whenever the Emperor makes an innovation regarding the time of betrothal or marriage while ^C maintaining the sacred [rule], those being joined [shall] not have [permission] before the time appointed for the matter, and thus the impediment [shall remain] for the prohibited persons, and it shall not be a pretext for them to dare the undareable, [namely], that they receive the dissolution of death for the betrothal or marriage [performed] before the time agreed upon by our regulations. For the administrative discretion of the Emperor, which compensates for what is lacking in the perfect time of the betrothal or marriage, shall preserve the impediment inviolable for those prohibited, and they shall by no means establish a prohibited contract, but they are prevented by such an agreement [just as if they were] from an exact betrothal or perfect marriage; and those who have received such a union [done] administratively and the dissolution [done] naturally within the established time shall be barred. Note the present interpretation of chapter 2 of title 13, which teaches many useful things for the sake of prohibited and excluded marriages. Further, note the force of the written synodal volume [issued] in the days of the most holy patriarch Lord Alexios and placed in the present interpretation. Know that even if such a volume, and the imperial decree confirming it, prohibits with severity marriage from the seventh degree of kinship, yet according to the 4th indiction of the year [6]694, a decree of our mighty and holy Emperor, Lord Isaac Angelos, while the Kamateros, Lord Basil, was patriarch, was issued, ordaining that the marriage which had been contracted after the performance of them [the betrothals] between the most fortunate Caesars—namely Lord John Kantakouzenos and the sister of the Emperor, Lady Irene—and which reached the seventh degree of kinship, should not be prejudiced by the aforementioned acts, ^D but as far as they were concerned alone, the injunctions given by the synod and the Emperor, Lord Manuel, for the sake of such a matter were made void, as was shown by the synod as well. Further, note that the things contained in the Imperial decree for the supposed removal of the stipulation in the instruments will demand the entire penalty from each of them. We believe, indeed, that God himself will rise up against these, because they were not ashamed to introduce wickedness openly [and] by design among the young. For if the old law is made void, and perfect betrothals cannot be completed, [and yet] the parties contracting refuse to bring the prescription of the newer legislation to effect: what else are they doing, other than allowing men to be corrupted with each other, not bound by the law, but against the law, and generating lascivious desires in the souls of the young through polluted conversation? Note, however, from this present novella, that it was wrongly permitted for the warlike Lord Michael to be joined in marriage with the woman of most rare beauty, Anna, who was a cousin of Maria Serblii [the daughter], previously betrothed to him. For although he was separated from her by the law of death before the nuptials, and did not consort with her, yet he ought not to have taken the cousin of that woman as his wife. For the rites of prayers do not create a conjunction, so that betrothals should be reputed as nuptials. If, therefore, a layman is prohibited from doing such a thing, [surely] one in holy orders is much more so. For in the times of that most holy patriarch Lord Michael Anchialos, it was forbidden by a synodal commentary to be legitimately joined with [that] woman who was his relative and who had been bound to him only by obligatory scripts, and had not received the prayers of betrothals with him, because she was already dead or had been joined to another man by [the] act of completion, except in the case where death had taken away the woman who was not yet six years old, like an earnest. For it seemed to the council that desire for copulation is not conceived regarding a six-year-old woman. But this will not obtain among laymen. For those who serve the altar must be named husbands of only one wife, and that a virgin, and they ought to be of the same status themselves. Moreover, what is contained in this novella concerning betrothals is manifest from it. Know indeed that in the archives of that most holy patriarch Lord Nicolaus, a [certain] commentary is kept which embraces these things word for word: Month of July, day 4, indiction 15. When our most holy lord and oecumenical patriarch Nicolaus presided in the Thomaites, and with him were the most God-beloved metropolitans, this one and that one, and the most God-beloved metropolitan of Cyzicus, Simeon, sitting with our moderation, said how a [certain] cleric of his mother-city, by the name of John Diabalenus, had entered into betrothal with a certain Maria, called daughter of Theophilos, who was seven years of age; and being informed, [realized that] because of the impuberty of the bride, the betrothal was [invalid], and then he had withdrawn from her, and after eight years had legitimately taken her in marriage. And when he had said this, he wished to learn what ought to be done about [that] cleric. He heard, therefore, from our moderation and the assembly of brethren sitting [with us], that it is received that the earnest be given not only in the nuptial contract, but also in [other] contracts of every...

^A kind, and that indeed not by compulsion, but of one's own free will. Just as, therefore, in other contracts we do not say that what has been transacted is void if the earnest has not been given, so too in the nuptial contract, even if the earnest or betrothal has not proceeded, that which has been transacted will be firm and indivisible. Therefore, although the betrothal which proceeded between the cleric and Maria (as has been stated) cannot subsist, the cleric will nevertheless have her as his wife, indissolubly joined to him by the nuptial consecration alone (as has been explained). However, there shall be no discussion of the donation propter nuptias, on account of which betrothals are also accustomed to be made between the spouses or their families; but, just as if the betrothal had not proceeded and no donation had subsequently followed the nuptials, the marriage will remain firm and ^B unbroken. Similarly, there is another decree issued by the same emperor concerning the same legislation, which has the following force: We know that in the month of July, in the 5th indiction, in the year of the world 6592, we established the matters which are comprised in that legislation and report. And we do not permit any of them to be weakened, but we wish them to remain eternal, intact, and immutable; namely, that betrothals and nuptials (as has been said) be joined together; that no change be made at the [appointed] time; and that the male of those being joined be over fourteen years of age, and the female over twelve. But since nothing was then established as to whether betrothals entered into in that manner—if [by chance] they are dissolved—are to be subject to penal clauses, or whether they are to remain absolutely indissoluble, and for this reason you yourself have questioned us on this matter: we decree that betrothals of this kind, which are properly [and truly] betrothals, remain immovable, immutable, and ^C altogether indissoluble (inasmuch as God is introduced between those being joined, and that union is confirmed by the ceremonies of prayer and is never to be dissolved by the payment of penalties, which [penalties] shall henceforth not be written into contracts: because betrothals are strengthened not by them, but by the invocation of God, such betrothals will remain altogether indissoluble) and shall be dissolved only for those causes for which it is established that marriages have equal force. Related persons, however, shall be hindered [in contracting nuptials or betrothals] as has now been resolved, nor shall anything be transacted in any way contrary to what is forbidden by this constitution, unless when the emperor, by a certain mode of dispensation, permits both the betrothal and the conjunction to be performed within the prescribed years. For it is lawful for emperors to dispense otherwise than according to the laws, as the wise emperor and the ^D more ancient legislations have declared. Nor indeed will they themselves, when they shorten the time, permit natural intercourse before the male of those being joined has passed his fourteenth year, and the female her twelfth. [Moreover], parents, lest any

^A be allowed to take advantage of such a time, must exercise diligent care. Otherwise, both the one who perpetrates an untimely union and his parents shall be accountable to the laws against seducers. Furthermore, if at any time the emperor has altered the time for betrothals and marriages, and those about to be joined have been separated by death before the time set for this matter, then even the prohibited persons shall be impeded, nor shall the fact that the betrothals or nuptials were dissolved by death before the time approved by our constitutions furnish them with a good opportunity to dare the undareable. For the emperor’s dispensation, supplying whatever is missing for the completed time for betrothals or nuptials, shall maintain a perpetual impediment for prohibited persons, so that they may in no way enter into a forbidden contract. Therefore, whoever’s contracts are impeded by fair betrothals or completed marriages, these shall also be barred from those which have been established by dispensation within the legitimate time and naturally dissolved.

CAP. III. — On women who marry suspecting that their husbands have died.

CAP. IV. — On those who commit divorce.

Textus. Impune autem solvitur, etc., ^D usque ad, quinque annos maneat, si vivat, ut pag. 910. Scholium. The 4th chapter of Justinian’s novella 22, in title 7, book 28, says: "To the aforementioned causes, it has seemed good to us to add these by name, from which it is permitted to dissolve marriages even without penalty." And it immediately introduces the causes: namely, the monastic life; the three-year lack of conjugal contact; and finally, the cause of captivity. However, it says that from two of the causes, the marriage is dissolved without penalty or any payment [to the partner]. But when one of the spouses adopts the monastic life, it says…

that we grant freedom both to husband and to wife, as they move toward better things, to dissolve the marriage and to depart after leaving behind some slight consolation for the one who has been left behind. For whatever the contracting parties might agree upon to happen as a gain from death, this the one left behind by the other must have, whether it be husband or wife that remains. For this one also appears to die so far as concerns the one who lived with him, having chosen another way of life in place of the former. ^A But also the 123rd Novel of Justinian, or the 8th chapter of the 1st title of the 4th book of the Basilics, commands the one who is left in the world to receive from the portion of the one who is tonsured whatever, from the prior death of this one, was about to be allotted to him by agreement; which it called a slight consolation. The 22nd Novel looks entirely to the penalty given from other causes. For that which is from agreement is not even called a penalty. And these things hold as they are. But I inquire concerning the 117th Novel of the emperor lord Leo the Philosopher, where it is said that because of the tonsuring of the husband, the *hypobolon* is not to be given to the wife. And because the 92nd Novel of the emperor Justinian stipulates concerning the things written above, shall anything be demanded back from the wife by way of *hypobolon* from the tonsured husband, or not? In olden times, the *hypobolon* was not given by agreement, but by law. For if the wife gave something by way of dowry, the husband was compelled to ^B put as much into the common assets; whence it was also named *hypobolon* (that is, an objection, opposition, supposition, and as it were a contrary obligation). But this has been abolished, and today the husband does not give such a *hypobolon*, but by agreement he gives some portion as he agrees [to give] from the prior death to the wife. If, however, he does not agree to give anything by way of *hypobolon*, he shall not be compelled to give anything. I think, therefore, that the Novel of the emperor lord Leo the Philosopher speaks concerning the *hypobolon* that is known from the ancient law, and which is given by necessity. But the [Novel] of the emperor Justinian [speaks] concerning the gain from the prior death that is given according to agreement. I judge, therefore, that the amount agreed upon to be given from the prior death of one of the spouses to the one who remains after the other’s tonsuring, the one who is caught in life, whatever it is and whatever it may be called, happens in such a way that if the wife is tonsured, the husband shall demand from her the amount agreed upon for him from the prior death, even if it is called *hypobolon* catachrestically. ^C Text. And that which is by consent, etc., as far as "departing," as the 117th [Novel] itself states. ^D Scholium. The 9th constitution of the 17th title of the 5th book of the Code decrees that the marriage is to be dissolved by consent, which is not found in the Basilics; nor, indeed, is the chapter of the 117th Novel that abolishes dissolutions of marriage by consent placed in the Basilics. But in their place was put the 13th chapter of the 134th Novel. Which is chapter 4 of the 7th title of the 28th book, which is equivalent to the 117th Novel. The legislation of the emperor Justin [is…

is a dead Justinianic law, which was not placed in the *Basilica* at all. And the fact that an indowered wife receives a quarter of the marital property when he repudiates her without reason, is part of the 117th Novel of Emperor Justinian; but neither is this placed in the *Basilica*. Text: So far, indeed, as concerns the dissolution of marriages, etc., until the penalty, as on page 910.

Scholium. Dig. 18, tit. 1, lib.; Dig. XLV is cap. 18, tit. 1, lib. XLIII of the *Basilica*, which has it thus: "The penalty established by stipulation is void if the divorce was made through the fault of the other spouse, so that the public penalty may not be destroyed by the covenants of private persons." Consult lib. XXIX, tit. 5, cap. 5, and tit. 6; lib. XLIII, cap. 2, and *thema* 3, cap. 97, tit. 1, lib. XLIII, and *thema* 4, cap. 134 of the same book and title; and *thema* 2, cap. 121, and lib. II, tit. 2, cap. 243, and lib. XXVIII, tit. 7, cap. 7, 8, 9. Digest 134, tit. 1, lib. XLV. The Digest is cap. 134, tit. 1, lib. XLIII of the *Basilica*, which has it exactly as it is written in the text. Chumnus wrote a scholium in the margin which interprets that chapter in a few words, and teaches when mandatory obligations regarding a future marriage ought to have effect, and when not. But do not listen to that scholium; rather, note from this chapter that mandatory documentary instruments for marriages, if they are indeed drawn up by the future spouses alone, are invalid regarding the exaction of a penalty for their transgression: but if they have efficacy from some others, and if the marriage is not perfected by the fault of either of the future spouses, let the penalty be exacted from him who promised that he would see to it that the other enters into the marriage. Consult also the Palaea on cap. 1, tit. 1, lib. XXVIII, and cap. 14 and 15 of the same book and title; Const. 2, tit. 38, lib. VIII of the *Code* is cap. 2, tit. 6, lib. XLIII, which has it as written in the text. And indeed, the civil law hinges on these. Know, however, that it has often been asked whether one who has entered into such mandatory instruments concerning nuptials, or even in weak betrothals, has interposed nuptial agreements with some woman, can, after he has repudiated the mandatory instruments or the betrothals (entered into contrary to the law), marry another wife, or be raised to the status of a priest. You, therefore, say that if the person who was betrothed to him who wishes to become a priest has exceeded the sixth year at the time of the repudiation of the instruments, he who has interposed instruments, or betrothals not confirmed by law, will not be permitted to be joined to another woman, or to thus become a priest, as he is considered to have contracted marriage twice (and this on account of concupiscence, and because the woman is capable of love). If, however, when the pacts were repudiated, that person was less than six years in age, let him be firmly joined to another woman, or from that time become a priest. You may also substantiate these things from the novel legislation of the Lord Emperor Alexios Komnenos, which established that legitimate betrothals are indissoluble: and he orders that if it happens that betrothals are dissolved, as not having been made in legitimate times, the kinsmen of those who had been joined in the fellowship of marriage contrary to the laws, and prohibited persons, may not have the power to be joined [with them]. You may also read the second chapter of the present title, where this same novel is inserted.

CAP. V. — On fornication, adultery, stuprum, and sodomy.

Apostolic canon 61; Council of Ancyra canon 8; Council of Neocaesarea canon 8; Sixth Council canon 86, 87; Basil canon 7, 18, 21, 22, 25, 26, 30, 34, 37, 39, 41, 58, 59, 62, 77. Gregory of Nyssa canon 3.

Text. Concerning stuprum, adultery, etc., until it is instituted, as on page 915.

Scholium. Tit. 9, lib. IX of the *Code* is placed in cap. 47, tit. 37, lib. LX, and tit. 5, lib. XLVIII of the *Digest* is placed in cap. 3, tit. 37 of the same LX book. Of which title you may read the various chapters, which teach many things of this kind, such as those which are proposed in summary. But the fact that adulterers, sodomites, or violators are punished with capital punishment is not placed in the *Basilica*, but the 73rd chapter of the said 37th title says: "Let adulterers be whipped and shorn and have their noses mutilated: but those who were intermediaries or ministers in that impious crime, let them be whipped and shorn and sent into perpetual exile." Moreover, the 184th Novel of Emperor Justinian, or its 12th chapter, which is placed in tit. 7, lib. XXVIII, about the beginning says this: "If a husband thinks his wife can be convicted of adultery, it is fitting that the husband first inscribe as a crime against the wife, or even the adulterer. And if indeed the crime of adultery is clearly proven, then, having sent a bill of divorce, we order that those penalties be imposed upon the delinquents which the laws prescribe: and that those also sustain the legitimate penalties who were indeed intermediaries or ministers of such an impious crime. [Furthermore] concerning the property of the adulterer, if he has a wife, the dowry

and donation before nuptials shall be preserved: or if nuptial instruments did not intervene, the portion which is brought forth by our law. Let his remaining substance be taken by descendants or ascendants (if there be any) up to the third degree, according to their orders and degrees. If none of this kind survive, we command that these be added to the fisc. But the woman who has committed adultery, subject to the appropriate penalties, shall be cast into a monastery: and [so] henceforth, which the patriarch summarized briefly. Read [also] the novella of the Emperor Lord Leo the Philosopher 32, which determines what ought to be done to the adulterer and the adulteress. Therefore, concerning incest, cap. 76 tit. 37 lib. LX, it says this: Incestuous persons, whether parents with children, or children with parents, or brothers with sisters [who mix together], shall be punished with the sword. But those who have been incestuous with each other in another kinship, such as a father and his son's wife, or a son and his father’s wife or stepmother, or a stepfather and stepdaughter, or a brother and his brother's wife, or an uncle and his brother's niece, or a brother's nephew and his aunt, or [a stranger] and two sisters, or [a stranger] and a mother with her daughter; these, both males and females (if indeed they have [themselves] knowingly mingled), having been beaten, shall have their noses mutilated. Similarly also cap. 77 says: If paternal cousins or their children, though not further [among themselves], or a father and son with a mother and daughter, or two brothers with two sisters, or two brothers with a mother and daughter, or from a brother a nephew with his uncle's former wife, are joined in matrimony, or otherwise have carnal commerce, beyond separation they shall be beaten. [And] cap. 78 says: Those who practice lust with monks, deaconesses, or ascetics, as those who defile the Church, the spouse of Christ, both they themselves and those who are contaminated with them shall have their noses mutilated. But cap. 79: He who, it says, mingles with the concubine of his son, either under the pretext of matrimony or otherwise secretly has commerce, shall be mutilated in his nose together with her: so that, however, they are first separated from one another. But if he perpetrates this with the married concubine of his son, the penalty shall proceed in the same way, and [they] shall furthermore be beaten. You should also read 6 thema cap. 10 tit. 5 lib. Basil. XXVIII which says: He who has abducted a virgin or a widow, even if her father consents and condones the crime, cannot take her as a wife. Moreover, one who has received someone from holy baptism cannot subsequently take her into matrimony: for she has been made as it were his daughter: nor [likewise] her mother or daughter: nor indeed her children. Since nothing else can introduce a paternal affection and a just impediment to matrimony as effectively as this bond, by which their souls are joined together through God. Read the same book and title cap. 3, thema 2 and 3, and cap. 11, and lib. VII, tit. 8, cap. 4, and lib. XLV, tit. 2, cap. 6, thema 3, cap. 10, thema 2 and 3, and lib. II, tit. 3, cap. 8 and cap. 197.

Text. Consequently, fornication is not praised, etc., A up to "like a thief," as on page 915.

Scholium. Digest 4, tit. 5, lib. XII, is thema 2, cap. 5 tit. 2 lib. Basil. XXIV, which says the same. Digest 6, tit. 5, lib. XXXIX, is cap. 5 tit. 1 lib. Basil. XLVII, which holds as has been declared. But he rightly said that he who abducts another’s maidservant who is a harlot is not held as a kidnapper, or shall not be condemned to the mines, as is in Basil. For he who abducts a maidservant who is not a harlot is condemned to the mines, [for the cause of which thing] you should look to lib. LX, total tit. 38. It is written in the Basilicon: For he who abducts a slave girl not being a harlot is not held as a human trafficker, that is, he is not sent to the mines in the way as for a harlot, she is sent to the mines, and he seeks the one not whole in tit. 5 of the book.

Text. But it also says in lib. XXXII, tit. 8, B XXXVIII, etc., up to "may be able to receive," as on page 915.

Scholium. Tit. 8 lib. XXVIII Digest is placed in cap. 6 tit. 2 lib. XLV Basil., and it says of the same tit. cap. 7: This possession of goods calls all kin, even if they are not called by civil [law]. Whence also, commonly, brothers questioned among themselves, and in the [goods] of the mother, have the help of kinship, and the mother in [the goods] of theirs. The same we also say concerning a pregnant maidservant who has been manumitted. And cap. 9, the inheritance of illegitimate children does not pertain to the kin of the paternal line; for he has no father. But to his mother, and to brothers born of the same mother, the help of proximity is given. And these things indeed the laws say, teaching the difference between those who are joined through fornication, and that successors to illegitimate children are the kin of the maternal line: but that the father, or the kin of the paternal line, do not acknowledge them: but they say that only through its one illegitimate son does the child become heir to the father. Truly, the laws and canons [which treat] of nuptials both acknowledge kinship from fornication, and those who [among themselves] touch one another from fornication, if they commit incest, punish as legitimate kin. To which end you should read the canons placed in cap. 5, and the novella of the Emperor Justinian 118, which is at the end of tit. 5 lib. Basil. XLV.

^A Constitution 5, tit. 57, lib. VI of the Code is cap. 42, tit. 1, lib. XLV of the Basilica, which says: If any illustrious woman has produced a son from a lawful marriage, and has had another who is illegitimate, whose father is uncertain: it is doubted how maternal property should come to them, whether only to the legitimate children, or also to the illegitimate ones. We decree, therefore, that neither by will, nor intestate, nor by gift made between the living, while legitimate children exist, shall anything at all come from illustrious mothers to illegitimate children: since among freeborn and illustrious women, for whom the observance of chastity is the primary duty, to be called illegitimate is deemed sufficiently injurious and bitter, and unworthy of our times; and this law we rightly dedicate to chastity itself, which we consider ought always to be cultivated. If, however, a concubine of free status has produced a son or daughter from a lawful association held with a free man, there is no envy if they also, with the legitimate children, come into maternal goods which she possesses by legitimate right and in her own patrimony. Digest 23, tit. 5, lib. 1 of the Digest is cap. 19, tit. 1, lib. XLVI, which says: One who is born from a lawful marriage follows the father; but one who is commonly sought follows the mother. And 24 cap. of the same book and title: One who is not born from a lawful marriage follows the mother: unless a special law decrees anything else. Tit. 7, lib. XXV of the Digest is not placed in the Basilica. Tit. 5, lib. XLVIII of the Digest is in lib. LX, tit. 37 of the Basilica; however, 11 is not transcribed. But theme 2 of cap. 1, tit. 37, lib. LX says: One who has an honest and freeborn woman in concubinage, and neither makes this manifest by public declaration, nor has her as a wife; or if he refuses this, he commits stuprum and indeed adultery with her: provided, however, that [she] has not made profit from her own body. Constitution 5, tit. 57, lib. VI of the Code is not placed in its entirety, the beginning of which is cap. 42, tit. 1, lib. XLV of the Basilica. Cap. 2 of novella of Justinian 12, and cap. 13 of novella 18, and novella 19, and cap. 3, 78, and cap. 3, 89 of the novellae of the Emperor Justinian, and other chapters which teach concerning those who [later from legitimate wives, or] even from concubines [are born], and [become] legitimate children from illegitimate ones, are placed in tit. 1 and 2 of lib. XXXII of the Basilica, which you should read.

Text. We can also have our own servant-girls in concubinage, etc., as far as it is said, as book 50, tit. 16, constitution 144.

Scholium. Constitution 4, tit. 4, lib. VI of the Code is theme 4 of cap. 28, tit. 1, lib. XLI, which holds as is proposed in the compendium. Constitution 3, tit. 14, lib. VII of the Code is cap. 3, tit. 19, lib. XLVIII, which says thus: If someone, not having a wife, has a relationship with [his] servant-girl and remains with her until death, and says nothing about her in his will, whether he has children from her or not, she becomes free. ^B But hearing from the present canon that she becomes free, do not think that her children are subject to servitude; for they themselves are set free, as the earlier chapter of book 49 says, and the marginal titles of the present chapter. Constitution 12 and 13 of tit. 5, lib. XLVIII are not placed in the Basilica. Constitution 144 of tit. 16, lib. L of the constitutions is cap. 144 of tit. 2, lib. II of the Basilica, holding thus: A concubine is she who lives with someone in his house outside of lawful wedlock. But a less honorable one is called a girlfriend.

CAP. VI. - If the wife of a layman has suffered adultery.

CAP. VII. - Concerning stuprum and the marriage of a widow, and who is called a widow.

CAP. VIII. - Concerning those who steal women for the sake of marriage, or violate them, or defile virgins, and concerning those who are privy to them.

CAP. IX. — Concerning those who marry against the will of their parents or masters.

Text. Persons who are under the power of another cannot lawfully contract marriage without the consent of the one who has authority over them, as [is stated] in book 5 of the Code, title 4, and book 25, title 2; except in the case where someone delays giving his twenty-five-year-old daughter in marriage. For then she can freely join herself to a man of free condition in marriage, as Novel 115 concerning those who are in church office teaches. ^A

Scholium. Title 4, book 5 of the Code is placed in chapter 27, title 4, book 28 of the Basilika. However, the chapter written in the text does not exist in that entire title. That those under power cannot lawfully contract marriage without the consent of the one who has power over them is clear from many chapters. Title 2, book 23 of the Digest is in chapter 1, title 4, book 28; and chapter 2 of the same title states: Marriages do not consist unless those who are being joined, and those who have power over them, consent. Novel 115 is in chapter 38, title 8, book 25 of the Basilika, and its 12th chapter says: If a father or master wishes to give his daughter or granddaughter as a wife to someone and to offer a dowry for her according to the strength of his own estate, but she does not consent and chooses a shameful life, if the daughter has reached her twenty-fifth year and the parents delay in joining her as a wife, and from this it happens that she perchance sins against her own body, we do not wish this to be imputed to the daughter as ingratitude, since it is recognized that she did not sin through her own fault, but that of her parents. ^B Such, indeed, is the content of the inserted Novel of Basil. You, however, should observe that the fact that a daughter after her twenty-fifth year can join herself in marriage to a man of free condition without the will of her father is not contained in the Basilika, and therefore has no efficacy. Another Scholium. Note what is written in the present chapter 9 concerning daughters who are under power. Since some have said that a daughter who fornicates after her twenty-fifth year cannot be disinherited, according to chapter 12, title 8, book 25 of the Basilika (which is also inserted here), but that she can be [disinherited] if she marries, because the fact that a daughter after her twenty-fifth year can join herself in marriage to a man without her father’s will is not inserted into the Basilika—I say that when the Justinian Novel enumerates the causes for which parents can disinherit their children, it stipulates that if a daughter associates herself with mimes or arena-combatants without the consent of her father, she is to be disinherited. We should say that some fornications and marriages are worthy of indulgence, and others not. If a daughter, whether before or after the age of maturity, is joined by the law of marriage to a man who is not altogether disreputable, and the father does not receive grave injury from the marriage, the marriage will indeed be dissolved upon the father's petition to the judge, as something that cannot stand, but the daughter shall not be disinherited. The same thing will surely happen if she has fornicated in a similar manner. But if, whether through marriage or through fornication, she has brought grave injury upon her father, she shall be disinherited. The same shall be done for a son. However, regarding fornication, the distinction must be applied; for some is continuous, and some is temporary. ^C

CAP. X. — Concerning women who fornicate, who destroy their fetuses, or who prepare medicines to kill fetuses.

Text. It is said in book 47, title 11, Digest 4, etc., down to "even if it were given," as on page 923. ^D

Scholium. Digest 4, title 14, book 47 is chapter 24, title 22, book 60 of the Basilika, which says as has been written. Digest 8, title 8, book 48 is not posted in the Basilika. Digest 39, title 19, book 48 is chapter 29, title 51, book 60 of the Basilika, and it says what is written. Digest 38 of the same book and title is theme 6, chapter 38, title 31, book 60 of the Basilika, which narrates what is set forth briefly.

CAP. XI. — Concerning those who abominate marriage, meat, and wine.

^A

CAP. XII. — Concerning laymen who mutilate themselves.

CAP. XIII. — Concerning laymen who eat things sacrificed to idols, or meat with blood, or things strangled, or things caught by beasts, or carrion.

CAP. XIV. — Concerning a layman who insults the Emperor.

CAP. XV. — Concerning orthodox persons who receive blessings from heretics or Jews, or who celebrate festivals with them, or fast with Jews, [and] that one ought not to be idle on the Sabbath but, as much as possible, on the Lord's Day, and concerning those praying in the monastery or churches of heretics. Apostolic canon 65, 70; Council of Laodicea, canon 9, 29, 32, 34, 37, 38, 39; Council of Carthage, canon 60, 38, 39. Read what is noted in the 55th chapter, title 3, of the present compilation, and the 4th chapter of title 7.

CAP. XVI. — Concerning laymen who try to take the clergy of monasteries, poorhouses, and martyrdoms from under the authority of the bishops.

CAP. XVII. — Concerning laymen who join themselves to those who have been excommunicated, or who adhere to schismatic priests, and set up altars without their bishops.

CAP. XVIII. — Concerning those who swear falsely, and in what cases those who swear should not be expected to swear truthfully.

Scholium: Title 2, book 12 of the Digest, which teaches concerning oaths, whether voluntary (that is, tendered), or necessary, or judicial, is at the beginning of title [1], book 22 ^D of the Basilika; and it says, in the opening of chapter 3: A woman swearing that she is pregnant is placed in possession; and she is not summoned after an oath has been sworn, as if she had been placed in possession for the sake of calumny, nor does she suffer violence in the possession. But if her adversary swears that she is not pregnant, she is not placed in possession. However, from an oath of this kind, no [definitive] decision is reached regarding the birth. For the oath of one person neither helps nor harms another. And title 1, book 4 of the Code is chapter [43] of the same title, book 22 of the Basilika; and it says: A case decided by an oath [arising] from the consent of both parties, or [because] the adversary tendered it, [and it was] sworn or remitted, cannot be retracted under the pretext of perjury, unless it is specifically excepted by law. Digest, title [2], book 12 of the Digest is a chapter of the same title, book 22 of the Basilika; and it says, whatever has been set forth briefly.

^A

Scholium. We recall the law mentioned above which teaches that an oath once taken is not to be retracted. We also recall another law, namely chap. tit. lib. XXII [similarly] teaching that a taken oath is not to be retracted. But very many canons of Saint Basil decree that perjurers are to be severely punished. It must be asked, therefore, when a taken oath may be retracted, so that canonical penalties may apply to those who commit perjury, and when they may not. We say, then, that there is properly a fourfold oath: voluntary, which is offered by the will of the parties outside of court; necessary, which is rendered upon the challenge of the plaintiff and by the interlocution of the judge; judicial, which settles a controversy by the judge's sentence even against the will of the litigants; and [the oath] in litigation, which reduces the price of the litigious item to a certain quantity when it is not given due to the fraud or contumacy of the defendant. There is [however] also an oath [rendered] for the sake of avoiding calumny ^B. Now, the voluntary oath is never retracted. The necessary oath, however, is retracted in one case only, namely in the final chapter of title [—], book XXII of the Basilika. For although Gobidas and Stephanus, when they interpret chap. tit. lib. XXII, say that only the voluntary oath is not to be retracted, do not you, however, listen to that interpretation attached to the Digest. For whereas cap. tit. lib. [—], which is const. tit. lib. IV of the Codex, speaks to this effect: "A case decided by an oath upon the agreement of both parties or by the challenge of the adversary, if it has been deferred and rendered, or remitted, cannot be retracted under the pretext of perjury, unless it is specifically excepted by this law"—it has overridden the interpretation written by Gobidas and Stephanus on the Digest. The other [species] of oaths, as the aforementioned chapter says, are retracted when new documents are discovered. ^C Since these matters stand thus, do not claim that any oath whatsoever may be retracted, so that if any are found to be perjurers, they may be punished by canonical penalties. But say that those who are condemned by the retraction of an oath are to be struck with [canonical] penalties as perjurers, in accordance with the tenor of the laws. And in this [very] manner do the canons [with the laws] in the councils agree. For even Saint Basil does not treat of perjury regarding an oath given by mutual consent; but he asserts that those who have sworn have God as their avenger, and it is in other [cases] that he institutes the question of perjury and proposes penalties. [Furthermore, note] for me here that an oath is rendered by some out of pusillanimity, not [however] at the challenge of an adversary, nor from judicial necessity: for example, when someone swears (that he will) not eat meat, or not travel to Jerusalem, or not do some other good thing, and does not do it; or similarly when someone swears that he will not do this or that evil, and does it nevertheless. For then he is not to be punished as a perjurer, but is to be cured by the local bishop in whatever way (like medicine applied).

Const. tit. lib. IV of the Codex is the last chapter of title [—], book XXII of the Basilika, and it has been explained above. ^D

Text: Item the matters concerning [the] judicial, etc., up to *has been done*, as on page 931, up to...

Scholium. The Justinianic Novella lies in book 7, tit. 4, chap. 6, which was inserted into the interpretation of Canon 15 of the Council of Carthage, which you may read as it treats of the judicial oath to be retracted henceforth. Digest, tit. lib. XII, holds just as it is written. Const. tit. lib. [—] of the Codex is chap. tit. lib. II which says, whatever things have been proposed concisely. Besides, it also called that [kind of] oath judicial. For therefore, by his reprobation, [together] with damages, infamy also follows. Const. of the same book and title is chap. tit. lib. [—], which holds just as it is written.

Text: And book IV of the Codex, tit. 1, const. 2. Although, etc., up to *it behooves*, as on page 931.

Scholium. The 2nd constitution, of the 1st title, of the 4th book of the...

Code, is chapter 44 of title 5 of the 22nd book of the ^A *Basilica*, which is as follows: “No one who swears by God is in danger. For the oath has God as its avenger, if it has been made according to God.” But if anyone has sworn by the emperor under some heat of passion, he is forgiven. Understand, therefore, that although the chapter previously discussed the one who swore by the emperor under heat of passion—that is, in the name of the emperor—not being subjected to the crime of *lasa majestas*, nor being punished as having committed a royal crime, it said entirely that this person is forgiven; but it says that he who has not perjured himself through heat of passion is to be beaten, according to the final theme of the 13th chapter of the same title and book, which is as follows: “He who, in a matter of money, has sworn by the emperor and perjured himself, that he does not owe, or that he is not owed, or that he pays within the deadline, is beaten with rods.” As for the matters concerning [the belief] that one has God as an avenger of the perjurer, written in the aforementioned 44th chapter, interpret this according to the great scholium written by us ^B behind [in the previous pages], and say that such an oath was either voluntary or necessary; for he who perjures himself in such an oath is heavily punished. And look for the 81st canon of Saint Basil and the final chapter of the 38th title of the 60th book, and the 4th chapter of the 30th title of the same book, and interpret as we have said in the aforementioned scholium, that those who have perjured themselves through heat of passion and those who have not are punished in different ways. The 2nd constitution of the 8th title of the 9th book of the Code is chapter 15 of the 36th title of the 60th book, which is written as it is set out in the text. Say also regarding this that if he swore through heat of passion, he is not subjected [to punishment], but if not, he is subjected as was said above. The 7th constitution of the 4th title of the 2nd book of the Constitutions is theme 13 of the 1st title of the 11th book of the *Basilica*, which is as follows, as was set out in the text. Say therefore that no one is punished as a perjurer for such an oath, because it is manifest that this is contrary to the law and without foundation, and is to be considered as not having even taken place. The 51st Novel of the Emperor Justinian was placed in title 38 of the 60th book of the *Basilica*, prohibiting all procuring. And at the end of the title is a chapter which is as follows: “A woman who is in a tavern, even if she swears and gives sureties not to depart from prostitution, departs without danger, and if anyone demands such sureties, he is subject to the charge of perjury.” Note, therefore, the chapter, which teaches that the one who perjured herself is not to be punished, but the one who punishes her for the perjury is to be punished as a perjurer ^C—which is something new. Also note that perjury is a crime, and I think it is *peculatus*.

CHAPTER 19. – On those who swear oaths of profane superstition.

6th Council, canon 94; Basil, canon 81. Text. In the 5th constitution of the 2nd title of the 12th book, it says, etc., up to *the oath sworn is not kept*. Supra, pages 441, 442. Scholium. Digest, 5 tit. 2, lib. XII; Digest, 5, 11 and 3, tit. 5, lib. XXII *Basil.*, which says the same.

CHAPTER 20. – On apostates, sacrificers, magicians,

and enchanters, and astrologers, and those wearing amulets.

Apostolic canon 62; Council of Nicaea canon 11, 12; Council of Ancyra canon 3, 4, 5, 6, 8, 9, 12, 24; Council of Laodicea canon 36; Council of Carthage canon 45; Council of the Sixth canon 61, 65; Peter of Alexandria canon 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14; Basil’s canon 7, 8, 44, 48, 49, 65, 66, 72, 73, 81, 83; Gregory of Nyssa canon 1, 2. Read what is annotated in chapter 25, tit. 9 of the present work.

CHAPTER XXI. – On actors, mimes, and similar persons performing penance.

Council of Carthage canon 45, 63; Council of the Sixth canon 50, 51.

Text. Constitution 33, tit. 4, lib. 1 of the Code, etc., up to tit. 9, const. 2, as on page 934, 955.

Scholium. Tit. 4, lib. 1 of the Code, and tit. 4, lib. 4 of the Code were taken into lib. 28 of the *Basilica*, tit. 4. But these constitutions were not placed in the *Basilica*. Tit. 41 of lib. 11 of the Code is tit. 45 of the *Basilica*, and its 1st chapter has it thus: "Let the games henceforth be performed without hindrance; but let no one be coerced into competing; for we wish to spend money gladly." Read also chapters 2 and 3. The 1st tit. of the 3rd book of the constitutions is the 8th book of the *Basilica*... tit. 2. The 2nd tit. of the 23rd book was placed in lib. 28 of the *Basilica*, tit. 5. But the 48th constitution of the same was not placed in the *Basilica*. The last item of the 2nd tit. of the 21st book says: "The stage is where one stands," and subsequently whatever was written in the text for the sake of stage performers. The 8th, 9th, and 10th items of the 1st chapter of the 1st tit. of the 8th book of the *Basilica* say, for the sake of the beast-fighters, whatever was summarized in the text. That the art of athletes does not make them infamous is in chapter 4, tit. 2 of the 21st book of the *Basilica*, and "procurer" is one who [does] such business, and the rest are items 2 and 3 of the same chapter, having it exactly as they were laid out in the text. Someone might ask why he who has hired himself out for a theatrical art and has not performed is not made infamous, whereas he who has hired himself out to fight with beasts is made infamous even if he does not fight with beasts. In the case of the theatrical art, the act carries the infamy, not the intent; and this is indicated by the fact that he is held to be infamous even if he has shown his theatrical art not for pay, but for love of honor. But in the case of the beast-fighter, it is not the act that is judged, but the purpose. For kings and soldiers also fight with beasts, showing their own bravery. And for this reason, he who has sold his own life for pay and filthy lucre is made infamous even if he does not fight with beasts; but he who has taken money for the sake of showing his theatrical art, if he does not show it, is not made infamous. The 9th tit. of the 9th book of the Code was placed in lib. 60 of the *Basilica*, tit. 33, chapter 48; but constitution 2 was omitted. There is in the meanwhile something similar in lib. 9 of the Code, tit. 7, const. 3; but the *Basilica* have lib. 24, tit. 2, chapter 14, which has it thus in the beginning: "Whoever..."

knows that his wife is committing fornication and remains silent, commits pandering."

CHAPTER XXII. — Of spectacles and theatrical shows.

CHAPTER XXIII. — Of thieves, violators of sepulchers, robbers, and sacrilegious persons.

CHAPTER XXIV. — That one should not dance or play music at weddings.

CHAPTER XXV. — That men should not bathe with women.

^A CHAPTER XXVI. — On him who mocks the infirm. Apostolic canon 57. CHAPTER XXVII. — That women should not enter into the sanctuary, and that it is permitted only to those of the priestly order to communicate in the sanctuary. Council of Laodicea, canon 19, 44; Council VI, canon 69. CHAPTER XXVIII. — That banquets should not be instituted from contributions. Council of Laodicea, canon 55. CHAPTER XXIX. — On those who play games of chance, or are inebriated. Apostolic canon 43; Council VI, canon 50.

Text. Constitution 1, title 43, book 3 of the Code says: He who plays at dice, etc., down to "are applied to the public works," as on pages 962, 963.

Scholium. Constitution 1, title 43, book 3 of the Code is chapter 5, title 8, book 60 of the *Basilika*, which speaks as follows: "The constitution forbids gaming, and, apart from the five permitted, it establishes certain penalties against those who play at dice; ^B it enjoins the prefect of the city, the governors of the provinces, and the bishops to inquire into this, and to overturn whatever contracts have been entered into regarding them. It grants actions arising from the permitted games, and provides for the exaction of the ten-pound fine due from these things against those who permit the violation of the constitution." Constitution 2, title 43, book 3 of the Code is chapter 6, title 8, book 60 of the *Basilika*, which says this word for word: "The constitution forbids the so-called 'wooden equestrian games,' demanding a penalty from the gamblers, and confiscation against the houses in which such games have taken place. The recovery of the money is granted to the one who has been defeated and paid; or if he does not wish to recover it, it orders that these funds be spent on the public works of the city." Note, therefore, that in the *Basilika* it is not stated ^C that the exaction of money given for a forbidden game must exceed thirty years. Likewise, neither is it stated that the wealthy may make agreements only up to a single solidus, nor many other things. And since these things are so, you should say that actions regarding such games are concluded by the thirty-year period, just as every personal action is, and that for the five permitted games, one may make agreements as it seems best to the parties, and not only up to one solidus according to the ancient legislation. Know also that *monobolon* is the name for a race; *kontomobolon* for a jump; *kuntanos kontax* for throwing without a buckle—a javelin throw without a pin or iron, so named from a certain Quintus; *perichyte* for wrestling; and *hippikon* for the hippodrome. Regarding the "wooden equestrian [game]," an ambiguity once arose before the imperial tribunal. For some said that this was that game which is frequently performed by boys outside the hippodrome, ^D when they use men in place of horses for chariot-driving. Others, however, said it was a certain wooden structure, raised up by means of wooden ladders having various holes through the middle. For indeed those who construct...

this game place four balls of different colors above the ladders into a slope, and they let them go. And the one among the balls that emerges first through the holes from the last opening bestows the victory to him who owns it. It seems to me, therefore, that this second game is also avoided and punished by the law, inasmuch as it involves the vice of dice-playing. Furthermore, concerning clerics who play at dice, read also the 87th novella of the lord Emperor Leo the Philosopher. ^A

CHAPTER XXX. — Concerning those obsessed by a demon.

Apostolic canon 79; canons 66, 67 of the Sixth Council; canons 2, 3, 14, 15 of Timothy.

Text. It is stated in book 5 of the Code, title 70, constitution 4, etc., up to what is subjoined, at page 966.

Scholion. *Diesis* is a musical sound so named by philosophers, which separates the harmony of all, from which also ^B *diechei* (that is, distance) is spoken of, where the wedded pair hold the place of a single harmony. For they shall be, says Holy Scripture, "into one flesh"; if for any reasonable cause a division and separation occurs between them in any way, we say that a *diesis* comes to be—a term which, in the case of those betrothed, has no place properly, but rather "divorce." For although those who are betrothed may seem to be joined, yet, given that the marriage and the union have not yet been initiated, they remain separated in their bodies, just like animals under a yoke. Nevertheless, it pleased the legislators that the term *diazugion* (divorce/disunion) should be used indiscriminately even for those who are wedded, which is named *repudium* among the Latins. And read book 2, title 2, chapter 102.

The 4th constitution of the 70th title of the fifth book of the Code is chapter 21, title 10, book 5, which says the same things as are written in the text. The 22nd constitution of the 3rd ^C title of the 24th book of the Digest is theme 9; (and) the 22nd chapter of the 8th title of the 28th book of the *Basilica* which has what is written in the text. But know that this chapter was repealed by the 117th novella of Justinian, which is placed in book 27, title 7 of the *Basilica*; and although it enumerates the causes for which divorces are sent out, it makes no mention at all of madness. But indeed the 100th and 101st novellas of the lord Emperor Leo the Wise decree that the husband must endure for three years, and within that time, after the wife has begun to be mad, he may not dissolve the marriage ^D union; and the wife, unless five years have passed, may not be separated from her mad husband. Read also the novella of the lord Emperor Nicephorus Botaneiates, which discusses the same things regarding mad spouses.

Chapter XXXI. — Concerning a layman excommunicated and received by another against the will of the one who excommunicated him.

Apostolic canons 12, 13; canon 6 of the Council of Antioch.

CHAPTER XXXII. — On those who fast on the Lord's Day or the Sabbath.

Apostolic canon 66; Council of Gangra canon 18; Council VI ^A canons 55, 56.

CAP. XXXIII. — Concerning those who teach that the house of God and the assemblies are to be despised. Council of Gangra canons 5, 20.

CAP. XXXIV. — Concerning laymen who attempt to reject the acts of the Council of Ephesus. Council of Ephesus canon 6. Read what has been noted in chapter 14, title 3 of the present work.

CAP. XXXV. — Concerning those who hear the Scriptures and do not remain until the end, or do not communicate. Apostolic canon 9; Council VI canon 2.

CAP. XXXVI. — Concerning those who gather assemblies privately. Council of Ephesus canon 6; Council VI canons 31, 59. Read what has been noted in chapter 14, title 3 of the present work. ^B

CAP. XXXVII. — Concerning one who has coveted to lie with a woman but has not done so. Council of Neocaesarea canon 4.

CAP. XXXVIII. — Concerning those who do not fast during Lent, and on the fourth day of the week, and on Friday. Apostolic canon 69.

CAP. XXXIX. — Concerning those who take away wax or oil from the holy church. Apostolic canon 72.

CAP. XL. — Concerning laymen who have been made excommunicated. ^C From the epistle of Theophilus to Bishop Menas.

CAP. XLI. — That laymen must not teach. Council VI canon 64.

TITLE XIV. CONCERNING ALL MEN INDISCRIMINATELY.

CAP. I. — Concerning avarice. Gregory of Nyssa canon 6.

CAP. II. — Concerning those who have commerce with brute animals. Council of Ancyra canons 16, 17; Basil canon 63; Gregory of Nyssa canon 3.

CAP. III. — Concerning murderers and robbers. ^D Apostolic canon 65; Council of Ancyra canons

21, 22, 23, 25; Basil canon 7, 8, 11, 13, 33, 43, 52, 54, 55, 56, 57; Gregory of Nyssa canon 4.

^A CAP. IV. — Concerning those who have fallen under a penalty of non-communion, that they ought to communicate when they are about to die, and what is to happen if, after having communicated for this reason, they do not die. Council of Nicaea canon 13; Gregory of Nyssa canon 5.

CAP. V. — Concerning one who has had a nocturnal emission or who has lain with his own wife and wishes to communicate, and on what day they ought to abstain from mutual intercourse for this reason. Dionysius from his epistle to Basilides, canons 3, 4; Timothy, canons 5, 12, 13.

CAP. VI. — How an oblation is made for one who has killed himself. ^B Timothy, canon 14.

CAP. VII. — Concerning a man who has a wife possessed by a demon and for this reason wishes to take another. Timothy, canon 15.

Scholium. Concerning the present chapter, we have written sufficiently in chapter 30 of title 13 of the present work, and you should read the Novels of the Emperor, the Lord Leo the Philosopher, which have been summarized in that scholium, and according to these, you should state that divorces should take place for those possessed by demons.

TEN INTERROGATIONS OF PHOTIUS THE PATRIARCH WITH AS MANY RESPONSES

PHOTII

INTERROGATION I

RESPONSE

^A for having embraced the heresy of the Monothelites, he is cast out from the honor of the high priesthood and from the communion of the faithful. But also the Council of Sardica, having Hosius holding the place of Rome, absolved the heretic Marcellus of Ancyra.

INTERROGATION II

How many, and which, legitimate patriarchs did the Romans not receive, and [yet] their inconsiderate rejection harmed them nothing?

RESPONSE

The Roman bishops, three in succession, did not receive Flavian of Antioch into communion, just as the Alexandrian Theophilus did not at first; yet eventually the third of them, and Theophilus [as well], barely received him. This is the same Flavian who ordained the incomparable and divine father among the saints, Chrysostom, as presbyter. Furthermore, the Roman pontiffs did not receive Fravitas, nor the holy Euphemius, nor Macedonius, because these men did not expel Acacius from the diptychs. But neither did they at first receive the all-holy Chrysostom, who is beloved of the holy Trinity, because, they say, it was not right that he should have been translated from Antioch to be ordained for Constantinople; yet later they did champion his cause. I do not know, however, if they also rejected Meletius of Antioch — for perhaps they may have been turning away from him ^B on account of Paulinus, who had been ordained by the Westerners. For I know there is even a letter of the great Basil to Count Terentius, in which he blames the Westerners for the rejection of Meletius, as though they were not judging matters soundly. But perhaps they do not reject him because he sat in the second Council.

INTERROGATION III

Which patriarchs, having been driven from their own sees by the hatred of the emperors towards them, were later received by Orthodox princes?

RESPONSE

After the wonderful Anastasius was ejected, the thaumaturge Gregory held the Church of Antioch for 24 years, acceptable to all; but after his migration to the Lord, Anastasius returned again to Antioch. In the place of the venerable Chrysostom, who worked the salvation of the world, Arsacius and Atticus were accepted, although both consented to his deposition and were [counted] among the number of his enemies. In the place of Eutychius of Constantinople, John was accepted in the same manner, and after his death, Eutychius [returned] again. In the place of Elias of Jerusalem, John [was accepted], even though Elias was persecuted for the sake of piety. I do not know if one should also count among these ^C the man who was blinded by Justinian the bad after Callinicus, when he [Justinian] resumed his empire for the second time; I mean Cyrus, who was brought from Amastris—who, while he was confined there, had foretold to him that he would return again to his own rule. He was also ejected by Belisarius as a conspirator ^D

^A against Roman affairs, I suppose; and another was put in his place.

INTERROGATION IV

RESPONSE

QUESTION V

RESPONSE

manner and not directly against his person, but rather in a way that befitted his prudence, his manner of speaking, and his conduct. Cyril also exercised hostilities with him and with Theodoret. Indeed, at the time of the discord, they say that Cyril loudly proclaimed: John among the patriarchs, and Judas among the apostles. ^B

INTERROGATIO VI. How many have refused to obey ecumenical synods, yet without damaging their authority?

RESPONSE. Novatus the Roman was deposed by the bishops. Paul of Samosata was condemned by twelve bishops, because he said that Christ was merely a man. The case of Symmachus and Laurentius was judged in Rome by one hundred bishops under the emperor Anastasius; and they judged that Symmachus was to retain the see, as he was one of the seven deacons and occupied the see according to ecclesiastical regulations. However, they decreed that Laurentius, the bishop of Nuceria, despite having troubled Rome for four years, should be bishop of Nuceria. And since he later caused seditions and disturbances again, he was justly deposed by Symmachus. The bishops assembled in Constantinople deposed Macedonius, the foe of the Holy Spirit, among whom stood out Acacius of Caesarea in Palestine and his supporters. As for the all-holy Chrysostom, who was superior even to the angels, the bishops judged that he ought to be restored to his former see after his iniquitous deposition by Theophilus, counting for naught the sentence passed by the latter against a saint superior even to the angels. ^C But even when he was again ousted by the emperor's wife, with Leontius of Ancyra acting as the primate among the bishops who were then assembled, he was sent into exile howling and groaning that it was not permitted for him to obtain the justice which it was fitting that even tomb-robbers and thieves should not be denied (that is to say, that they should render an account of those things of which they were accused). Now, he would not have complained in such a way—for who was more learned than he in such matters?—if it were absurd for him to be judged by bishops or contrary to the laws of the Church. But also, the great Athanasius, after his absolution at the Council of Sardica and another one made by Maximus the Confessor in Jerusalem (when he himself agreed with the sentence passed regarding Athanasius at Sardica, having convened a synod), knowing well how great the authority is, as is fitting, that provincial bishops possess in judging the causes of each province, did convene a synod of the bishops of Egypt, and took care that they too should decree concerning him nothing different from the sentences of the Sardican and Hierosolymitan councils, even though he was subject to no patriarch.

INTERROGATIO VII. Which emperors contended for the peace of the Churches? ^D

RESPONSE. Constantine the Great declared to Arius that he wished him to extinguish the enmities he was harboring against Alexander, and as a mediator for him

^A he sent Hosius his confessor; at which time he also wrote that he wished to go as a pilgrim to the holy places in Jerusalem, and to celebrate Easter there, but was prevented by those mutual dissensions. Arius, however, not obeying his words, he convoked a great synod. Theodosius signified to Demophilus the Arian that if he wished to remain in possession of the Churches, he should conduct himself peaceably toward the Church; but if not, he should depart from the Church: which is what happened, and Nectarius was ordained. This same emperor, when Innocent and Flavian were at variance with one another, took away the enmity between them by his own hand and put an end to it.

INTERROGATION VIII.

RESPONSE.

^A for the second synod openly excommunicated him because it had happened unreasonably.

QUESTION IX.

ANSWER.