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Constantine HarmenopoulosConstantinus Haermenopulus · PG 150
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Constantine Harmenopoulos

Constantinus Haermenopulus · PG 150 · cols 9–165 · machine translation (AI, from the page scans)

Catalogued under: The Church

Contents — 83 sections
CONSTANTINUS HARMENOPULUS. NOTITIA.The published writings of Constantine HarmenopulusOF CONSTANTINE HARMENOPULOS, SEBASTOS, NOMOPHYLAX, AND JUDGE OF THESSALONICA, ON THE OPINIONS HELD BY THE HERETICS AT VARIOUS TIMESBY THE SAME HARMENOPULUS ON THE ORTHODOX FAITHAPPENDIXBy Saint Augustine on the Trinity. From the book which is inscribed "On the Knowledge of the True Life," in which, as in a dialogue, the brothers ask and the master answers.CONST. HARMENOPULI DE FIDE ORTHODOXAOf Saint Hilary, Bishop of Poitiers. From the sermon read after Pentecost, on the feast of the Holy Trinity.NOTICEBRIEF NARRATIVE CONCERNING THREE SYNODICAL TOMES PROMULGATED UNDER THE EMPERORS CONSTANTINE PORPHYROGENITUS, MANUEL COMNENUS, AND MICHAEL PALAEOLOGUS, IN WHICH ALL LEADERS OF DISTURBANCES OR REBELLION AGAINST THE IMPERIAL MAJESTY, AND THEIR ABETTORS AND ACCOMPLICES, ARE STRUCK WITH ANATHEMA.CONSTANTINI HARMENOPULI TOMUS CONTRA GREGORIUM PALAMAMEPITOME OF THE DIVINE AND SACRED CANONS COMPOSED BY THE VENERABLE SEBASTOS, NOMOPHYLAX, AND JUDGE OF THESSALONICA, LORD CONSTANTINE HARMENOPOULOSTHE SACRED AND DIVINE CANONS IN COMPENDIUMSECTION FIRST. ON BISHOPS.HEADING FIRST.TITLE II.TITLE III.TITLE IV.TITLE VTITLE VITITLE VII. Concerning synods and thrones.TITULUS VIII. Canones his affinesTITLE IX. Concerning chorepiscopi.SECTION II. CONCERNING PRESBYTERS, DEACONS, AND SUBDEACONS.TITLE I.TITLE II.TITLE III.6 HELD IN TRULLO21 HELD IN TRULLO25 OF THE SAME26 OF THE SAME, AND 27 OF BASIL THE GREAT29 HELD IN TRULLO30 OF THE SAME31 OF THE SAME, AND 12 OF THE FIRST AND SECOND83 HELD IN TRULLO99 OF THE SAME13 OF THE FIRST AND SECOND33 OF CARTHAGETITLE IV. De diaconisTITLE V.TITLE VI.SECTION III. OF CLERGY. TITLE I. Who become clergy, and who do not become such.TITULUS II. What a cleric should do, and what he should not do.ScholiumTITLE III.TITULUS IV. Who are not to be admitted to the accusation of clerics.TITLE V. Related Canons. Canon 8 of the first.Section IV. On monks and monasteries. Title I. When and how a future monk is to be admitted.TITLE II.TITLE IIIConcerning Monasteries.SECTION V. OF THE LAITY. TITLE I. Of those who are illuminated through baptism, and who are to be illuminated.8 Laodicene1 of Basil the Great47 of the same8 of the Seventh [Ecumenical Council]45 Laodicene8 held in Trullo45 Laodicene48 of the same47 of the same85 held in Trullo, and 7 of CarthageOf Patriarch NicephorusScholium45 of Carthage1 of Timothy of Alexandria2 of the same4 of the sameTITULUS II. What laics must do, and what they must not do.TITULUS III. Penalties for Crimes.

[Canon 25 of Caesarea.] A catechumen who sins, if he is among the kneelers, let him become an auditor, if he sins no more; but if he is an auditor, let him be expelled.

80. Of the same3. Of the [Council] of Caesarea9. Of Basil the Great25. Of Basil the Great20. Of the [Council] of Ancyra58. Of Basil the GreatScholia59. Of the sameScholiumTitle 4. Penalties for the lapsed.TITLE V. General Canons.TITULUS VI. Concerning the Emperor.SECTION VI. CONCERNING WOMEN.

Constantinus Haermenopulus150
9

ANNO DOMINI MCCCXLV.

CONSTANTINUS HARMENOPULUS. NOTITIA.

(Fabric. Harl. Biblioth. Gr. t. XI.)

Constantine Harmenopulus is referred by many—and specifically by Cave A and Pierre Bayle (*Réponse aux questions d'un provincial*, t. I, ch. 53, p. 482)—to the middle of the twelfth century; for which reason I wished to give him a place in this chapter as well. It is, however, truer that he flourished only in the middle of the fourteenth century, as will be evident from what is to be said hereafter. He was born around the year 1320 at Constantinople, his father being a Curopalates and his mother a Muzalona, a cousin of the Emperor Joannes Cantacuzenus. At the sixteenth year of his age, having been instituted in the liberal disciplines of the Greeks by the monk Philastrius, and after having heard the monk Leo, he devoted his efforts to Latin letters until his twentieth year under the Calabrian monk Aspasius, whom Constantine’s father had hired from Italy at great expense. From there he betook himself to the study of jurisprudence with the teacher Simon Attaliates, a great-nephew of Michael Illius, to whom the Greeks owe a *Compendium of Jurisprudence*. With him as his teacher, the young man of most rapid wit arrived at such a fame for wisdom that in the twenty-eighth year of his age he merited the title of *antecessor*, which the Greek princes were accustomed of old to grant only to seniors and to those who had earned many stipends in the law. In the thirtieth year of his age he was proclaimed Judge of the Dromos—which was the supreme tribunal of civil courts—and was admitted among the counselors of the prince; among whom, though the youngest of all in age, he performed that duty with such glory of integrity and wisdom that when Cantacuzenus was driven from the throne he had occupied, he suffered no change of fortune or dignity; nay, rather, his father having passed away, he was increased in honors and was ordered to approach closer to the Caesar as Sebastus and Curopalates. Happy in wealth, in dignities, and in the opulent marriage to his wife Bryennia, he betook himself to the interpretation of the laws, with such gravity and erudition throughout as his most brilliant *Commentaries* upon the Digest and the Code do everywhere suggest to us, as well as his *Explanations of the Novellae*, his *Prochiron of Both Laws*, and other things which are everywhere cited by Latin jurists for their most present authority, and which have been held in such esteem by the Greeks as were once the utterances of Scaevola, Paul, Gaius, Ulpian, and others of this sort among the ancient Latins, whose authority in law is supreme. You may learn from many monuments of men of this kind that he was called "most wise" by Michael Balsamon, "most skilled in the laws" by Nicolaus Cabasila, and by Nilus Rhodius, and by Philotheus himself, Patriarch of Constantinople, "the mouth of jurisprudence" and "Jurisconsult par excellence," and his *Thesaurus Nomicus* is well known. Around the fortieth year of his age he applied himself to the canons, to which, as prefect at Thessalonica, he loved to devote his leisure with the supreme authority of *Nomophylax*, and this with such diligence and fidelity that he held the first place among Greek canonists (in the judgment of Nicolaus Comnenus), and is called by Nilus Rhodius, "teacher and irreproachable interpreter of the canons," supported by the *Additions to the Library of Photius* by Georgius Coressius, and by Christophorus Campana Chius in his *Canonarch* regarding the force of cannons, in the final scholion. He departed this life at Constantinople in the year 1380 or 1383 (Fabr.). At Vienna, in the Imperial Codex 11, n. 8, there is the testimony of Philotheus regarding the age of Constantine Harmenopulus. See Lambecius, VI, part 1, p. 87 ff., and Kollar’s note there, p. 89 ff. Lambecius presents this testimony in its entirety (which Fabricius later repeated in section 2), and from it he teaches that Constantine Harmenopulus, who in it is called *nomophylax* of the sacred imperial secret and judge of the city of Thessalonica, had composed a *Promptuarium of Civil Law* and an *Epitome of Canon Law* under the rule of the Emperor

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A Andronicus the Younger, the husband of the Empress Anna Palaeologina, and of their son, John Palaeologus, in the year of the creation of the world 6853, that is, the year of Christ 1345. He retracted his previous opinion, having followed the reasons of others, which he had formerly put forth in book V of his *Commentary on the Indices*, p. 688 sq. and 771 (but see Kollar, *ibid.*, p. 553), and he rejects the opinions of Theod. Ad. Suallemberg (see below at section 1), of Marquard Freher in his *Chronology* prefixed to the *Jus Graeco-Romanum*, and of Joseph Maria Suarez in his *Notitia Basilicorum* (12), who tied the time of Constantine Harmenopulus to the year of Christ 1143 (whom Burchard Gotthelf Struve also followed in his *Historia juris*, Jena 1718, 4, p. 341 and 605); as well as those of Jacques Godefroy in his *Manuale juris* (p. 79, 11th edition, Geneva 1710, 12) and of Philippe Labbé in his *Bibliotheca chronologica SS. Ecclesiae*, who referred his time to the year of Christ 1150. Christoph Waechtler too, in his *Opuscula*, p. 591, having embraced the common opinion, contended that Harmenopulus lived as early as the 12th century, but for this reason he was criticized by Trotz in the preface to Waechtler's *Opuscula*, p. 75, and others. See at the end of the following paragraph 2. On the other hand, Oudin, in his *Comment. de SS. Eccles.*, Vol. III, p. 924, agrees with Fabricius regarding the date, placing it at the year 1340; Hamberger in his *Zuverlässige Nachrichten*, Vol. IV, p. 613 sq.; Saxius in his *Onomasticon literarium*, part II, p. 363 sq., at the year 1345, who furthermore praises for this many learned men, especially writers on the history of law; Sammet, in his *Opuscula*, Leipzig 1763, 4, p. 30; Jo. Aug. Bach, in his *Historia jurisprudentiae Romanae*, and Aug. Corn. Stockmann in his notes to it, p. 655 sq. 5th edition; Pohl at Suarez, *l. c.*, p. 46, who lists editions on pag. 47 sqq.; and Car. Frid. Zepernick at Caspar Achat. Beck's *De Novellis Leonis Augusti*, etc., Halle 1779, 8, p. 22 sqq. Add my *Introductio*, etc., II, part 1, p. 539 sq. and the *Supplementa* to it, II, pag. 6 sq. (Harl.)

The published writings of Constantine Harmenopulus

1. *Promptuarium of civil law in six books, divided into 82 titles*, which saw the light together with the *Ecloga* of agricultural laws from the Justinianic law, in Greek, under the care of Theodoricus Adamus Suallembergius at Paris by Christian Wechel, 1540, 4. D. Bernhardus a Rey translated it into Latin at Cologne, 1547, 8, by Martin Gympicus, and in a second revision at the same place by Gualtherus Fabricius, 1556, 8. And with the *Enchiridion* on feudal customs added by the translator, 1566, 8. Later, more accurately and elegantly, with scholia also added, by Joannes Mercerus, with a preface to Michel de l'Hôpital, Lyons 1656, 4; and at Lausanne by Francis le Preux, the illustrious printer of the Bernese, 1580, 8. Hence, in Greek and Latin with Mercerus’s translation and scholia, the *Paratitla* of Dionysius Gothofredus, and a booklet of variant readings from a manuscript codex of Jacob Lectius, and a *Nomenclator of Greek legal terms for Harmenopulus*, Geneva 1587, 4. [Constantine's *Selected agricultural precepts*, in Latin, by Jan Cornarius, Basel 1538, 8. (in the Leiden library catalogue, pag. 142.) Afterward, Henry Ernst and Abr. Haverkamp, the latter of whom published a *Specimen juridicum* on Book II, Title 4, § 34 of Constantine Harmenopulus’s *Promptuarium* (Leiden 1738), and later included it in Gerh. Oelrichs' *Thesaurus dissertationum juridicarum*, Vol. I, Part III, p. 43, were intending to edit the *Promptuarium* of Harmenopulus, as was Dav. Ruhnken. But their attempts were fruitless. After this, Ger. Meermann persuaded Gul. Otto Reitz to take on the care of a new edition, and promised to provide all the resources he had collected for the Greek translator, both from manuscript codices and from collations and notes derived from learned men, to help him bring this labor to completion. Reitz, therefore, using two manuscript codices and other resources, restored and emended the Greek text, produced a new and more elegant translation, and expanded the Greek nomenclature added to Gothofredus’s edition. But because Reitz died just as he had barely finished the work and set the final hand to the preface, his son, Carolus Conradus, asked by Meermann, completed the work according to his father’s papers, which, after the death of Ger. Meermann, his son Jo. L. B. de Meermann finally edited in the *Supplementum novi thesauri civilis et canonici*, The Hague 1780, folio init., with the title: *Manual of Laws by Constantine Harmenopulus, also agricultural laws etc.*, he emended and added to it from various codices; he decorated it with a new Latin translation; he added notes and observations from several learned men, both those already published (by Bern. a Rey, Jo. Mercerus, and Dion. Gothofredus), and unpublished ones, as well as his own, and also joined the *Diatribe de Hypobolo* by I. G. Sammet. Gul. Otto Reitz added to the Greek text from page 1 the variation of readings, ancient scholia, and the animadversions of scholars; in the Preface, however, he reviews more fully the resources he used to emend as well as to illustrate the *Manual*. These were two Meermannian codices, an unpublished commentary by Eman. Soarez a Ribeira; observations and collations for the unpublished codices of A. Pena, Ant. Contius, Gerh. Falkenburg, Jas. Cujacius, Jos. Scaliger, Claud. Salmasius, Abr. Haverkamp, and Jo. Dan. Ritter, the last of whom transcribed variant readings and specific passages from the Harmenopulus of Cujacius, which the Leipzig Senate library preserves, and added his own observations to them. On page VI of the Preface, he inserted from a complete Meermann codex the ancient *Procheiron nomon* containing 40 titles, a necessary passage for the beginning of Harmenopulus’s *Protheoria* § 18, together with a table of titles, in Greek and Latin with the notes of Vavassor, who was to edit that text, and on page IX he noted that this *Procheiron* was none other than that the titles of which J. H. Majus exhibited in the *Bibliotheca Uffenbachiana*, p. 1, p. 522, though it differs in some respects; finally, on page XIII sqq., the dedications and prefaces of the previous editions are repeated. After Sammet’s *Diatribe*, from page 386 sqq. the agricultural laws are included, emended from four Meermannian codices, in Greek and Latin, with the notes of Reitz and others. From the index of proper names of the Master

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A *Romanus senior*, [I observe] that he is the same as Cosmas, the master of offices under Romanus the Elder, and distinct from the writer *Των Ρωμαϊκῶν*, but Salmasius has already dissented, and so too Smallemberg in his dedicatory epistle, p. XIV sqq.; Reitz has judged [otherwise], and it is probable to Reitz that "Master" is not a title of honor for this person, but a family name, etc. Our Fabricius below in vol. XII, p. 429 sqq., had caused a part of the Preface of Harmenopulus to be reprinted, in which he sets forth the reasons for which, after the manual of laws of Basil, Constantine, and Leo, he composed another new one himself. That part indeed should have been resumed here; but, since in the edition of Reitz, p. 6 sqq., it is read both in a more emended state and furnished with many notes, I have judged that it should be excluded both here and below in vol. XII. Harl.] — Germanically, *Harmenopuli Hand-Buch und Auszug Kayserlicher und Bürgerlicher Rechte*, interpreted by D. Justus Gobler, Frankfurt 1566, 1576 fol. This work exists in various manuscript libraries, such as the Imperial [Library], Lambecius VI, p. 45 (15), the Coisliniana p. 218, etc. This *Promptuarium*, a juridical compendium, was prepared by Harmenopulus indeed by private authority but with singular study, supplementing and amending the defects of the older *Πρόχειρον*, which he himself commemorates as having been composed long ago in XI (14) titles under the auspices of Basil the Macedonian, Constantine Porphyrogenitus, and Leo the Wise: he enriched it with succinct explanations, by which he illuminates the laws cited and the responses of the ancient jurisconsults, which Mercerus and subsequently Godefroy are accustomed to distinguish both by a smaller type size and by prefixing the title *σχόλιον* or *ἐπεξήγησις*.

2. *Epitome divinorum et sacrorum canonum* (Epitome of divine and sacred canons) (tributed in six sections: 1) of bishops, 2) of presbyters, deacons, subdeacons, and exorcists, 3) of clerics, 4) of monks and monasteries, 5) of laymen, 6) of women). Nic. Comnenus, p. 219 of the *Prænot. mystagogicar.*, calls it a *Πρόχειρον* of canon law. With the scholia of the Citrensis [bishop] of Kitros, who is named on p. 44, and of Philotheus (who was Patriarch of Constantinople in the year 1354 and from the year 1362 to 1376), it was published in Greek and Latin in Marquard Freher's *Jus Græco-Romanum*, book I, pp. 1-71, from a Greek codex of Jo. Sambucus, with the Latin version of Jo. Leunclavius added. Frankfurt, 1696 fol. This *Epitome* exists transcribed by hand in some Imperial codices, as testified by Lambecius V, p. 160; and VI, pp. 35 and 37 (15), which it would be worthwhile to collate with the published editions, especially the latter. From the same [p. 87 sqq. Koll.] and from the Note of Philotheus added thereto, it is not permitted to doubt the age of Harmenopulus, which therefore I shall not hesitate to transcribe here also: *«Τὸ παρὸν ὅλον τοῦτο βιβλίον τῶν τε θείων καὶ φιλευσεβῶν νόμων καὶ τῶν ἱερῶν καὶ θείων κανόνων συνετέθη πολλῷ πόνῳ, καὶ οὕτως ὠργανώθη παρὰ τοῦ πανσεβάστου νομοφύλακος τοῦ εὐαγοῦς βασιλικοῦ σεκρέτου καὶ κριτοῦ τῆς θεοσώστου πόλεως Θεσσαλονίκης κυροῦ Κωνσταντίνου τοῦ Ἀρμενοπούλου ἐπὶ τῆς βασιλείας τῆς εὐσεβεστάτης...»*

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καὶ φιλοχρίστου Δεσποίνης ἡμῶν καὶ Αὐτοκρατορίσσης κυρᾶς Ἄννης τῆς Παλαιολογίνης, καὶ τοῦ ἐρασμιωτάτου ταύτης υἱοῦ, τοῦ εὐσεβεστάτου καὶ φιλοχρίστου Βασιλέως ἡμῶν καὶ Αὐτοκράτορος Ῥωμαίων κυροῦ Ἰωάννου τοῦ Παλαιολόγου, ἐν ἔτει ἀπὸ κτίσεως κόσμου ςωνγ', ινδικτιῶνος ιγ'. A That is: This entire book of divine and pious laws and of sacred and divine canons was composed with much labor and thus arranged by the most venerable nomophylax of the holy imperial secretum and judge of the God-protected city of Thessalonica, the lord Constantine Harmenopulus, under the reign of the most pious and Christ-loving lady and empress, the lady Anna Palæologina, and her most beloved son, the most pious and Christ-loving king of ours and emperor of the Romans, the lord John Palæologus, in the year from the creation of the world 6853, in the thirteenth indiction, or the year of Christ 1345.

This is supported by what the same Philotheus says in B his *Refutation of the Anathemas written by Harmenopulus*, which in royal codex 2025 is also praised for him by Du Cange in his *Glossary*, under the entry *Krites—that is, Judge*. He addresses Harmenopulus as if he were still alive: "O wise man in these matters, venerable nomophylax and universal judge Harmenopulus, why did you not add this to what was written?" Since you are experienced in such matters, venerable nomophylax and universal judge Harmenopulus, why have you not added this also in your writings? etc. Whence now in his work published in 1650, *De Synedriis*, bk. I, ch. 40, p. 213 ff., John Selden warned that one must decide quite differently concerning the age of Harmenopulus than had hitherto been accepted by learned men, who assigned him to the twelfth century, such as Marquard Freher in his *Chronology* prefixed to the *Jus Græco-Romanum*; Joseph Maria Suaresius in *Notitia Basilicorum*; Jacobus Gothofredus in his *Manual of Law*; Philippe Labbé and Casimir Oudin, and Louis Ellies du Pin in *On Ecclesiastical Writers*; Thomas Ittig in the preface to his book *On Heresiarchs*, p. 18; John Doviatius in *Prænotiones canonum*, p. 428, and others.

3. *On the Opinions of Heretics who arose at various times.* It begins: "O concerning Arius." He discusses briefly, without chronological order: 1) The Arians, 2) The Macedonians, 3) The Sabellians, 4) Apollinaris, 5) Eutyches and Dioscorus, 6) Paul of Samosata, 7) The Nestorians, 8) Sergius and Pyrrhus the Monothelites, 9) The Origenists, 10) Peter the Fuller, 11) The Marcionites and Manichæans, 12) Marcellus, Photinus, and Sophronius, 13) The Eunomians, 14) The Novatians, 15) The Sabbatians, 16) The followers of Montanus, 17) The Donatists, 18) The Massalians, who are also Enthusiasts and Valentinians (so called because they flourished in the times of the emperors Valentinus and Valens), finally concerning Eleutherius the Paphlagonian and 19) The Bogomils, "not long before our generation." It was published from the codex of Johannes Sambucus, in Greek with the Latin version of Joannes Leunclavius, at the end of the *Embassy of Manuel Comnenus to the Armenians*, Basil. 1578, 8vo; pp. 557–576, and in the *Jus Græco-Romanum* of Freher, p. 547, Francof. 1596, fol., and in the *Auctarium Bibliothecæ Patrum* (Ducæanus), Paris 1624, vol. 1, and in the *Bibliotheca Patrum*, Morellian edition, 1644, 1651, vol. XI; in Latin more frequently in other editions of the *Bibliotheca Patrum*, and at the end of Honorius’s *On Heresies*, Helmst. 1676, 8vo. (Fabricius) Codices of this little book exist in Florence in the Laurentian Library, cod. 19, no. 3, plut. 84 and cod. 83, no. 6, plut. 89. See Bandini, *Catalogue of Greek Codices of the Laurentian*, p. 233 and 418. In Venice, in the Marcian Library, codices 182 and 183, to which is added a note concerning the age of Harmenopulus; which is referred to by Fabricius at section 2. See the *Catalogue of Greek Codices of the Marcian*, p. 105. Paris, in the public library, cod. 4355, no. 22; in cod. 4361, no. 6, and the two following. Vienna, in the Imperial codex 253, no. 2.

4. *On the Orthodox Faith.* It begins: "The Christian must believe." In the first edition, it is subjoined to the book on heresies, in Greek and Latin, pp. 576–583; and similarly reprinted in all the others already mentioned. In the Imperial codices, however, this confession of faith is placed as a proemium before the book on heresies, as Lambecius notes, VI, pp. 35, 39 (16). Harmenopulus is said to have recited the same from memory twice, being near death on that very day on which he died in Constantinople under Manuel Palæologus on the Kalends of March in the 63rd year of his age, in 1380, or 1383, as noted by Comnenus, p. 144, calculated more accurately by Coressius. In this *Ecthesis*, Allatius, II, 2, *De consensu*, § 8, p. 493, warns that the words "and from the Son" (*Kai tou Huiou*), where the procession of the Holy Spirit is discussed, were added by the editors of the *Jus Græco-Romanum*, p. 552. This is something I could easily believe, even if Nicholas Comnenus calls this a futile conjecture. Certainly, in the first Leunclavius edition of 1578, p. 578, one reads only: "eternally from the Father and God proceeding." D

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A De imperio Rom. c. 6. It exists also in the Imperial codices, concerning which see Lambecius, V, p. 241, and VI, pp. 35, 38, as well as in the Baroccian codex 149 of the Bodleian library.

6. *Tomus contra Gregorium Palamam*, edited in Greek and Latin without the name of the author by Allatius in *Græcia Orthodoxa*, vol. I, pp. 780–785, Rome 1652, 4to. Vindicated for Harmenopulus by Nic. Comnene, p. 144 of his *Prænotiones Mystagogicæ*. It begins: Ἡ μὲν παρὰ τοῦ Κυρίου ἡμῶν Ἰησοῦ Χριστοῦ.

*Unpublished writings of Harmenopulus.*

7. *Dissertatio de jejunii quadragesimalis aliorumque nonnullorum solemnium jejuniorum origine ac ratione*. It begins: Ἰστέον, ὅτι τὴν ἁγίαν καὶ Μεγάλην τεσσαρακοστὴν νηστεύομεν ὡς τοῦ χρόνου ὅλου ἀποδεκάτωσιν. MS in the Imperial library, Lambec. VI, p. 37 sq. (Fabr.) Or p. 81, Kollar n. 4, cod. 11. (HARL.)

8. *Τὰ ὀφφίκια τοῦ παλατίου. Τὰ ὀφφίκια τῆς μεγάλης ἐκκλησίας*. Catalogue of the officials of the imperial court and of the Great Church of Constantinople. *S. Sophiæ* id. p. 36 and 40. (Fabr.) In cod. Vindob. 7, n. 10, *Officia Magnæ eccles. CPolit. S. Sophiæ* without the name of the author. See Lambec. VII, part 1, p. 727 sq., who thinks this catalogue should be diligently compared with other catalogues of the same sort in Georgius Codinus’s book, *De officiis Magnæ ecclesiæ et aulæ CP.*, edited in Greek and Latin with the observations and notes of Jac. Gretser and Jac. Goar, Paris 1647, fol. And Kollar notes that this little work is attributed to Constantine Harmenopulus later in cod. X, n. 9. In this, in fact, there occurs, n. 7, Const. Harmenop. *Catal. officiorum aulæ CP.* n. 9, however, of the same, *Catal. officiorum Magnæ ecclesiæ CP.* See Lambec. VI, part 1, pp. 80 and 81; Kollar, however, in his note warns that those catalogues appear in several examples in the Imperial library, and he judges that they deserve to be not only compared with others but also published separately. The same two catalogues are in cod. 51, n. 28; see Lambec. VIII, p. 996. Ibid. p. 961, n. 4, cod. 48, *Cat. officior. Magnæ eccl. CPol.* but with the name of Harmenopulus omitted.—Bini *Catal.* in cod. Barocc. 149 and in the Paris public library, codd. 1360, and in the three following, and in 1386.—Venet. in the Marcian library, codd. 182 and 183; see *Cat. codd. Gr. Marc.* p. 105. (HARL.)

9. *Narratiuncula de tribus tomis synodicis* composed under the Emperor Constantine Porphyrogenitus and under Emperors Manuel Comnenus and Michael Palæologus, in which are struck with anathema all those who incite sedition against the emperors and attempt to invade the empire by force or treachery, or their aiders and abettors. It begins: Ἐπὶ τῆς βασιλείας Κωνσταντίνου τοῦ Πορφ., id., p. 35. (Fabr.) Venet. in the Marcian library 183; see *Cat. cit.* p. 105. Vindobon. in cod. 9, n. 3, and cod. 53, n. 13; see Lambec. VI, pp. 78 sq. and VIII, p. 1008, where it is inscribed: *Harmenop. Epitome decretorum impp. Constantini Porphyrog. etc., contra deficientes, et, adfectata tyrannide, insidias vel mortem imperatoribus molientes*; and it is cited in *Jus Græco-Romanum*, vol. I, p. 188. In cod. H. 14, is appended Philotheus, Patriarch of Constantinople’s *Commonitio de anathematismis ad Constant. Harmenop.*, by which he proves that those decrees concerning tyrants and those plotting treachery against the emperor are abolished. See the note of Kollar, who adds that it exists in Greek and Latin in Freher’s *Jus Græco-Romanum*, book IV, pp. 288 sqq. The same refutation of the above-written anathemas by Philotheus exists in the Meermann codex, of whose chief variants, from the edition of Leunclav. in Freher (*l.c.*), Reitzius has noted in his *Supplem. ad Meermann. Novo thesauro, etc.*, p. 374. Harmen. *narratiuncula*, Venice in the Marcian library, cod. 183; see *Cat. cit.* p. 105. Turin, in cod. 288, from which the compiler of the *Cat. codd. Gr. Taur.*, p. 381, published it in Greek and Latin; but the same, in a more emended form, from the Madrid codex 85, Iriarte, in *Cat. codd. Gr. Matrit.* p. 350; and Reitzius in the *Supplem. ad Meermann.*, l. cit. p. 374, edited it in Greek and Latin from the Meermann codex. And Reitzius noted that the first part, concerning Const. Porphyr., had already been promulgated by Leunclav. vol. I, p. 118, but that the readings sometimes differ. (HARL.)

10. *Lexicon, τοῦ σεβαστοῦ καὶ κριτοῦ Θεσσαλονίκης τοῦ Ἁρμενοπούλου λεξικὸν κατὰ στοιχεῖον περιέχον τὰ κοινῶς γραφόμενα ῥήματα*. A portion of which is in MS in the Imperial library (18). B I do not know whether it is the same or another which Panzer, A. vol. IX, p. 170, n. 87; and: *Donationis, quæ Constantini dicitur, privilegium*; Bartol. Pincerno de Monte Ardno to Julius II, pont. max., translator. Against this, the *Declamatio* on the falsely credited and spurious privilege of Laurentius Valla; with the *Præfatio* of Ulrich von Hutten, German knight, to Leo X, pont. max.; Nicolaus de Cusa, title of St. Peter ad Vincula, *De donatione Constantini*; Antonius, Archbishop of Florence, on the same matter; Hieronymus Paulus Cathalanus, I.M.D. and chamberlain of Alexander VI, pont. max., on the same donation, without year, place, or printer’s note, in 8vo. The *Præfatio* of Hutten is subscribed from the fortress of Steckelberg, Kalends of December, 1517. To the cited codices, add the Moscow codex 41, according to Matthæi in *Notit. codd. Gr. Mosq.* p. 322, and the Meermann codex, from which the variants from the Fabrician text in vol. VI were cited, has been excerpted and placed by Reitzius in the *Supplem. ad Meerman. Novum thes. juris civil. et can.* p. 374. (HARL.)

(18) Conf. above the vol. VI, p. 345 sq., and p. 633, to which add cod. Venet. bibl. Marc. 525 (v. *Cat. codd. Gr. Marc.* p. 284). — In Montfauc. *Bibl. biblioth. Mss.* I, p. 623 E; among the codices of the library of the Scholiast, the *Prooemium de verborum constructione* of Harmenopulus; also a *Lexicon* in alphabetical order; and p. 641 E, among the codices of the Bodleian library, n. 685, Harmenopulus’s *Lexicon*. In the *Catal. autem mss. Angliæ, etc.*, I, p. 7 in cod. Barocc. 68, there are said to be Harmenopulus’s *Lexicon verborum synonymorum* and the same author’s *Lexicon verborum transitivorum et intransitivorum* — the same and Harmenopulus’s *prooemium de syntaxi verborum*, in cod. Barocc. 159. (HARL.)

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OF CONSTANTINE HARMENOPULOS, SEBASTOS, NOMOPHYLAX, AND JUDGE OF THESSALONICA, ON THE OPINIONS HELD BY THE HERETICS AT VARIOUS TIMES

A 1. The Arians, who say that the Son of God is a creature, misunderstand the expression: "He was made before me," which John the Evangelist relates from the person of John the Forerunner and Baptist, interpreting it as if it were said: "He was created before me." But they are convicted of thinking wrongly by the following word: "For He was before me." For he ought to have said, in every respect, the opposite, in some such way as: "He is before me, because He was made before me." But we, understanding it rightly, take the phrase "He was made before me" to mean "He has become more glorious and more honorable than I." They are also refuted by many other things, and by the fact that the same John said: "In the beginning (that is, from the beginning) was the Word, and the Word was God." The same people also understood the phrase, "All things were made through Him," as if through some kind of instrument; for instance, a saw or something else of that sort. But we understand this statement as we are accustomed to speak, as when we say that a king has built this or that city through his son. The same people also call the Son of God the only-begotten, B

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A as if he alone were made by Him, while the rest were perhaps made by Christ Himself. But we call Him the only-begotten as the One who alone was ineffably begotten of Him before all ages. They also distort many other such things, establishing the faith of their own heresy.

2. Those around Macedonius, asserting the all-holy Spirit to be a slave and a creature, take the saying in John which declares, "And without him was not anything made," and, placing a period after these words, they begin another verse, saying, "What has been made, in him was life," B understanding this concerning the Holy Spirit. But we, reading it as it is set out from the beginning, understand the whole to be said concerning the Son.

3. Those around Sabellius taught that the Father, the Son, and the Holy Spirit—the three hypostases and three persons of the blessed Godhead—were one hypostasis and one person; appearing sometimes as the Father, sometimes as the Son, and sometimes as the Spirit. They are refuted by John’s saying, "And the Word was toward God," C meaning, "with God," whence two persons are introduced, as well as by many other evangelical sayings.

4. Those around Apollinaris the Laodicean say that the Lord assumed flesh devoid of mind and soul, as if the Godhead were sufficient for Him in place of mind and soul; misinterpreting the passage, "And the Word became flesh," not knowing that the divine Scripture calls man "flesh," as it also has, "All flesh shall see the salvation of God." The same people have also crafted a defense for themselves from the saying, "Destroy this temple," and reasoned thus: If the Lord's flesh is called a temple, and if a temple is an inanimate thing, then it also is inanimate. D The same people also say that the Lord, who had this flesh, passed through the Virgin as if through a pipe, and they conclude this from the words: "No one has ascended into heaven, but he who descended from heaven, the Son of God, who is in heaven." They were ignorant, however, that this was said because Christ has one hypostasis in two natures.

5. Those around Eutyches and Dioscorus said that the Son of God became man by appearance, having one nature; I do not know how they understand the passage in John, "And the Word became flesh," and many other such things.

6. Those around Paul of Samosata said that Christ was a mere man, made worthy of divine grace just like the prophets. They are refuted by John the Baptist saying, "He was before me," [unmarked, top of page segment continues] that is, according to his pre-eternal existence; since the Baptist was prior to Christ according to the flesh. The same people also read the passage, "He gave him authority also to execute judgment, because he is the Son of man, marvel not at this," as follows: "And he gave him authority also to execute judgment, because he is the Son of man."

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Hic integra distinctione posita, versum alium inchoantes, rursum legunt: "Id ne miremini."

A 7. The followers of Nestorius taught that Christ, by reason of virtue, had the Word of God inseparably joined to Himself, so that two Sons were considered to be in Him: one the Son of God, and the other the Son of the Virgin. And for this cause he called her "Christ-bearer" (Christotokon), but not "God-bearer" (Theotokon), which she truly is. These men are refuted by many other things, and especially by the saying: "The Word became flesh."

8. The followers of Sergius and Pyrrhus taught that there was one will and one operation in Christ, who by nature existed from two natures.

9. The followers of Origen, in the manner of the pagans, taught the pre-existence of souls and decided that the end of their endless punishment would come, and that souls would rise naked B of their bodies.

10. The followers of Peter the Fuller added to the Trisagion these words: "who was crucified for us," thereby making the divinity, which is devoid of all passion, subject to suffering.

11. The Marcionites and the Manichaeans say that the legislation of the Old Testament belongs to an evil creator. Furthermore, whenever one of their own dies unbaptized, they conceal a living person under the bed of the deceased, approach the bed, and ask the dead man if he wishes to be baptized. The person hidden underneath answers, "Yes." And thus they baptize him in place of the one who has departed. When questioned on the cause of this, they say that the Apostle taught this when he said: "If the dead rise not at all, why are they then baptized for the dead?" C But they are ignorant that this was spoken in this way because whoever is baptized, is baptized in the confession of the resurrection of the dead and in that hope. Those Manichaeans say that Christ, having laid aside His body on the earth, ascended into heaven as pure and lonely God. The same people also malign the world as evil, and the flesh, excluding these from God’s craftsmanship. They also hand down two principles: evil and good, or God and matter. They speak sacrilegiously of the Old Testament. They command that the moon and the stars be worshipped as gods. They deny the resurrection of the flesh. They teach the migration of souls from bodies into bodies. They claim that herbs, trees, and water are animate things. D They are called Manichaeans because they value the dogmas of Manes, who called himself the Paraclete, and taught that Christ appeared only in semblance and fantasy.

12. The followers of Marcellus, Photinus, and Sophronius, not confessing the Holy Trinity but calling God only "Spirit," said that His Word was an efficacy which had inhabited the one born of the seed of David, not a substance which has its own hypostasis; thinking wrongly. For the Word of God is neither that which is uttered, nor is it like that,

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A but is placed above nature, and is not at all subject to earthly arguments.

13. The followers of Eunomius, holding the same opinions as Arius and Macedonius, used to baptize those coming to them by immersing them headlong a single time. And the punishment to come, and Gehenna, they said were threatened not according to the truth, but out of fear. The same are called Anomoeans (dissimilar), because they said that the Son and the Spirit have no similarity in essence to the Father.

14. The followers of Novatus, while pious in other respects, abhorred second marriages and did not admit those who had lapsed, even if they repented.

15. The followers of Sabbatius, holding the same opinions as the Novatians, also used to celebrate feasts with the Jews. B The same are also called "Leftists," because they abhor the left hand, not daring to take anything with it. The same are also called Quartodecimans, because they do not celebrate Pascha on a Sunday, as we do, but on the fourteenth of the moon, along with the Jews. The same are also called Tetradites, because, when celebrating Pascha, they choose not to break their fast, but to fast—just as we do on the fourth days—imitating the Jews in this too, who after Pascha eat unleavened bread and bitter herbs.

16. The followers of Montanus, who called himself the Paraclete, and had two women accompanying him, Priscilla and Maximilla, whom he also called prophetesses, and who glorified a certain village of Phrygia, Pepuza, calling it Jerusalem. Therefore, these men, contracting the Holy Trinity into one person, also perverted Pascha. C And mixing the blood of a child, pricked with needles, with flour, they baked bread and offered it, and partook of it; and they forbade marriage, and taught abstinence from foods.

17. The followers of Donatus, holding a bone in their hand, would first kiss it, and thus partake of the sacraments.

18. The Messalians, suffering from the diseases of the Manichaeans, devised other things even more impure. For they say that the mind of men is possessed by demons; that the human nature is susceptible to demons; that baptism does not perfect the human being, nor does the reception of the sacraments, but only the prayer that is peculiar to them. That evils exist in us by nature. That the soul perceives the communion of the Spouse, just as a woman perceives the intercourse of her husband. D They abhor the Cross. They do not honor the Theotokos, nor the Forerunner and Baptist John, nor the saints, except only the martyrs. Those who wish are castrated. They dissolve marriages, they swear without fear, they perjure themselves. They anathematize their own heresy. Filled with this pestilence, Eleutherius the Paphlagonian also devised things worthy of himself: that a monk should sleep with two women; and having practiced continence for one year, should thereafter freely use even his own kinswomen, without making any distinction. The name of the...

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Masalians, when translated into Greek, signifies A Euchites, or those devoted to prayer. For prayer is held in great esteem among them, and they forbid it to be divulged to the crowd. They are also called Enthusiasts from the reality of the situation; for, having received the operation of a demon, they suppose it to be the Holy Spirit. For those who have become fully infected with this disease shun all manual labor as an evil, and indulging for the most part in sleep, they call those phantasms of dreams 'enthusiasm.' They say that evils are so by nature, and that in every human being both a divine Spirit and a demon reside. They say that children, when they are born, as they draw their nature from Adam, the first parent of the human race, so also they draw that servitude by which they are bound to demons, and that they carry a consubstantial demon that dwells with each of them and holds power over them. And indeed, they say that baptism is powerless to expel it or to pull up the roots of sins: only the prayer prescribed to them can both drive out the demon and purge the roots themselves. But after those among them who are more perfect have attained a state devoid of passions, the Holy Spirit comes upon them in a visible manner, delivering the body from the impulse of vices and passions, so that thereafter there is no longer any need for the body to be pressured by fasting, nor for teaching to apply a bridle, or to instruct one not to walk disorderly. They say they see the Holy Trinity with their sensory eyes, and from that point on, they foresee future things. They decree as if by law that nothing should be given to beggars, but only to themselves, claiming that they are the 'poor in spirit' whom the Lord Himself pronounced blessed. The same are also called Valentinians, because their heresy sprouted in the times of Valentinus and Valens. They are also called Bogomils. B 19. This heresy of the Bogomils arose not long before our time; it is a part of the sect of the Masalians, and for the most part agrees with their dogmas, though it has also devised some other things, and has increased the plague. Now, Bogomil means, according to the language of the Mysians, one who implores the mercy of God. These people reject the books of the Old and New Testament, along with the God proclaimed in them, as if they had been written by the inspiration of Satan, with the exception of only seven, among which is the Gospel. They interpret even these books falsely, and twist them toward what seems good to them with sacrilegious and abominable meanings. They treat the divine cross with ignominy, as if it had killed the Lord; and likewise they treat with indignity that venerable and holy mystery of the Dominical body and blood, which they call a sacrifice to the demons dwelling in the temples. For they say that demons dwell in all sacred buildings. C Our baptism they call the baptism of John, but their own they call the baptism of the Savior. They recognize as prayer only the 'Our Father'; the others they reject, calling them 'battology' (vain repetition). They call those 'Theotokoi' (Birth-givers of God) who among them have attained to having the Holy Spirit dwell within them, as if they beget the Word in their speaking. They say that they see not only in sleep, but even while waking—the Father, as an old man, draped in a manner D fitting...

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beard—the Son, like one who is just passing the age of early down; and the A Holy Spirit, like a youth whose cheeks are completely bare. It is in this way that demons deceive them, teaching them that the Holy Trinity is unequal according to the diversity of these forms.

BY THE SAME HARMENOPULUS ON THE ORTHODOX FAITH

B It behoves a truly Christian man to believe, as the holy and ecumenical synods have ratified, in one God the Father Almighty, devoid of beginning or end, the maker of all things visible and invisible; and in one Lord Jesus Christ, the only-begotten Son of God, who was begotten eternally and impassibly from God the Father Himself, Light of Light, true God of true God, consubstantial with the Father and co-eternal, through whom all things were made; and in the Holy Spirit, who proceeds co-eternally from God and the Father, being also Himself Light, and true God, and co-eternal and consubstantial with the Father and the Son. We believe in a Trinity that is consubstantial, of equal honor, and of a single throne, coming together into one Godhead. For we believe in a Trinity in Unity, and we glorify a Unity in Trinity. A Trinity, inasmuch as the Godhead is contemplated in three persons and hypostases; but a Unity, C inasmuch as these are of one essence and Godhead, and one God. For we believe in one God, even if He is known in a Trinity; and we confess one Lord, even if He is manifested in three hypostases; and the one Godhead and the one Lordship do not extend into three godheads or three lordships; nor, again, is there any other God besides these three persons, who are the Father, the Son, and the Holy Spirit—these are not numbered by essences and natures, but by hypostases and by intellectual and perfect properties. For the most holy Trinity, while divided by persons, is indivisible in essence and in Godhead. We acknowledge, therefore, one essence, one kingdom, one power, one energy, one counsel, D one will, one sovereignty, one lordship in the one essence and nature of the most holy Trinity, not confounding it into one person or one hypostasis. On this account, the Father is perfect God, the Son is perfect God, and the Holy Spirit is perfect God, since each of them possesses the same and one unalloyed and perfect

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A divinity. For God, and God, and God; but these three are one God, as the holy Fathers preach. For there is nothing created in them, nor servile, nor foreign, as if made or coming after. Since this is the account of the holy and consubstantial Trinity, it is necessary to acknowledge also the mysteries of the incarnation in this same way. For our Lord Jesus Christ, who is one of the holy Trinity, the Son of God, for our salvation, by his own resolve and the will of God the Father, having descended to earth from the holy Mother of God and ever-virgin Mary, was truly born, not in appearance, having formed for himself flesh from her, possessed of mind and soul, and having become perfect man, being perfect God; so that the same person is entire God and entire man, subsisting in one hypostasis from two natures, divinity and humanity, without confusion, without change, without division; and therefore possessing two natural wills and double operations. Yet we do not say two sons, or two Christs, or two Lords, B but one Son, the same before the incarnation and after the incarnation, consubstantial with God and the Father, and with us men. Wherefore also we call that holy Virgin, who in an ineffable way gave birth to him, the Theotokos, as she who gave birth to the one God of the Trinity; who also, having endured the cross as man, rose as God on the third day in an incorrupt body; and having often shown himself to the disciples, he ascended into heaven with his body, and is to come again in the same way, being about to judge the living and the dead, having an unending kingdom and an empire without limit. We must also expect the resurrection of each of the human race with their own body delivered from corruption, and the life of the world to come, which shall have both the eternal rejoicing of the just, and the endless punishment of sinners. C

APPENDIX

By Saint Augustine on the Trinity. From the book which is inscribed "On the Knowledge of the True Life," in which, as in a dialogue, the brothers ask and the master answers.

FRATRES. Just as the weight of the flesh burdens the soul, so also does carnal thought beat upon the mind that contemplates divine matters. For when your discourse D above most truly demonstrated that there is one God, and proved that he alone made all things from nothing: how are we taught to adore as if three gods, while we are urged to confess a perfect God the Father, a perfect God the Son, a perfect God the Holy Spirit? For while three distinct persons are distinguished, what else is understood by us than three gods?

MAGISTER. By the truth itself it is revealed—

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and by reason proving, you shall see the necessary trinity of persons in one essence; and again, through all things, the necessary unity of an individual substance in the three persons. Since, therefore, I was discoursing above about God enigmatically, because I could not properly say what God’s essence was, if you remember? DISCIPLE. Light. A MAGISTER. What is begotten from light? DISCIPLE. Splendor [the ray]. MAGISTER. And what, again, is considered in common in the light and the splendor? DISCIPLE. Heat. MAGISTER. Is there, then, any difference in the substance of the light, the splendor, and the heat? DISCIPLE. By no means, but rather identity. MAGISTER. But is this identity considered the same in the names and in the operations? DISCIPLE. By no means; but rather a difference. For the name of light reveals the substance itself, the name of splendor reveals the grace of the light, and the name of heat suggests the efficacy of the light and the splendor. MAGISTER. It is clear, therefore, in these examples, that the names are different, but the substance is one and indivisible. DISCIPLE. Most clearly. MAGISTER. Therefore, that you have heard the supreme Spirit, the Father, called light by John the Apostle: «God is light, and in him there is no darkness at all.» (I John 1, 5). B Again, that you have heard the supreme Spirit, the Son, called splendor by the Apostle Paul: «Who being,» he says, «the splendor of his glory, and the character of his substance.» (Heb. 1, 3). And likewise that the supreme Spirit, the Holy Spirit, is named heat by Moses: «Our God is a consuming fire.» (Deut. 4, 24). Just therefore as light, splendor, and heat are one nature, and an indivisible substance, yet distinguished by names; it is clear beyond doubt that the Father, and the Son, and the Holy Spirit are one nature and an indivisible substance. When, by that which is indicated, it is signified what it is substantially, it is called Spirit; and again, there is a necessary distinction in the persons, when the Father is preached as begetting, the Son as being begotten, and the Holy Spirit as proceeding from both. DISCIPLE. Clearly we see the Trinity in the persons, and we hold the necessary unity C in the substance most evidently. MAGISTER. Therefore most vigilantly these two names, namely, substance and person, are applied to the divine existence; for substance is always predicated of individuals standing together in plurality; but person is predicated of an individual rational nature; for we are accustomed to attribute plurality to the persons, but unity to the existence [essence]. D

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CONST. HARMENOPULI DE FIDE ORTHODOXA

A FR. By what likeness is the Father called eternal light? MAG. Because He has begotten from Himself a brightness equal [to Himself]. FR. Does it not seem to you that the name of Mother would be more appropriate for Him? MAG. The primordial cause of the offspring is always in the Father; and for this reason it was fitting that He should be called by the name of the more primordial one among the parents. FR. By what likeness is He called the Begetter? MAG. It is certain that the mind begets thought. But when the mind reflects upon itself, it begets, as it were, another [image] similar to itself; thus also God, the most high, contemplating Himself as He is, has undoubtedly begotten an image similar to Himself in all things; and just as the Begetter is rightly called Father, so also the Begotten is most rightly named Son. FR. If God has begotten a Son, it would seem that there was a time when He did not have a Son, and that He acquired this name by accident. But if this were so, the previous statement would be shaken, whereby it was shown that there is nothing accidental in God, but that all things are predicated essentially. MAG. Reason has already taught that God’s essence is eternal life, knowing neither beginning nor end. If, therefore, this unique and true life has always been without beginning, it is evident that it also has always understood itself as living without beginning. For if it did not know itself to be living, it would not be wise; which is impious to say concerning God. And if at some time it received this wisdom from another source, lacking it before, then that from which it received so great a good would be better than God, which is most absurd. But if the eternal life always understood itself as living, this wisdom of intelligence did not happen to it from elsewhere, but was always coessential with it, even though it begat this ineffably from itself as its own offspring. Therefore, the Father never existed without the Son. FR. By what likeness is the Son called the brightness of the eternal light, and not a daughter? MAG. Because the likeness of the Father is expressed in Him in all things; whence He is also called His likeness. For in created things, nothing preserves to the full the likeness of that from which it is born. For hair is born from the head, yet is unlike the head; fruits are born from trees, yet are unlike them; wool is unlike the sheep; the young of animals [are unlike their parents]; and the sons of men themselves are not in all things similar in quality to their begetters. But He is in all things most similar to the One who begat Him, and for this reason is most truly called Son, and not daughter. FR. By what relationship, however, is the Son called Word? MAG. The term "Word" is understood in many ways; for example, when a man utters this word with his mouth, or when the same man [conceives] the same word within...

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himself without the motion of the tongue; or when the thing itself, which that word signifies, is understood as to what it is. In this third way, God begat His own Word, when He spoke by thinking of Himself. A And because He created the whole form of this world by that same thought, it is said that He created all things by His own Word. Whence it is also read regarding the creation of the world: "He spoke, and they were made" (Ps. XXXII, 9). For the Son, or the Word of God, is nothing other than His thought, or art, or wisdom. Indeed, when we deliberate about something in our thoughts, we form an image of that thing in our own thought. So too, when God thinks of Himself, He formed an image similar to Himself in all things; and this Word is [there] called the image or likeness of God; but nothing else is revealed from that source except that very essence itself: whence it is also called "word," as if it were truly good.

B ADEL. Since it has been demonstrated by a manifest and irrefutable argument that the substance of this Word, with the Father and the Spirit, is one and indivisible, how could it be possible for the Son alone to be incarnate? For if he were separated from the substance of the Father and individually became incarnate, it is clear that the substance of the Father, and of the Son, and of the Holy Spirit is not indivisible, having suffered the distinction of separation.

DIS. Just as the eternal power and divinity are seen through the things that have been made, so it is possible for this deep and shadowed C mystery also to be understood through things happening among us, and to be investigated by means of reason. For it is clear that the human mind, when thinking of itself, begets this word of common speech, and that this word exists together in the mind and memory as one substance. But when the mind desires to make its own word known to others, it arranges it with its own thought—which is nothing else than its word—and with the memory; and this same word puts on D the body of a voice, and it goes forth audible to the ears and visible to the hearts of those who hear, and even allows its body to be bound by letters; and yet, remaining invisible, it does not depart from the essence of the mind and memory. Therefore, not the mind nor the memory, but the Word alone sounded through the sensible body of the voice, and yet it remained indivisible in the essence of the mind and memory. Thus also the supreme Father, by thinking of Himself, conceived His own Word, and coessentially subsists in the essence of the Father and of the Holy Spirit; but yet for this reason neither the Father nor the Holy Spirit, but the Word alone—who is the Son of the Father, clearly—individually put on a sensible human body, and presented Himself to men. He permitted the assumed body to endure indignity, but

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A remained by essence—impassible and invisible—inseparable from the essence of the Father and the Holy Spirit.

FR. By what logic is the Spirit called the love of God? MAG. I said that the essence of God is life; and true life understands itself as living, and if it understands itself as life, it certainly loves itself. But God’s living, understanding, and loving are nothing else than His existence. Therefore, the love of God is life; and life is Spirit. And since God, because of His love, has given existence and life to all, for this reason He is called Spirit. And the word "Holy" is added, because through Him all things are sanctified.

FR. How is it proven that this Spirit proceeds from the Father and the Son? MAG. The Holy Spirit is understood to be nothing else than the love of God; hence God is also called love. B It is clear, moreover, that the Father loves the Son as Himself, and it is clear that the Son loves the Father as Himself. For life loves to know itself, and wisdom loves to live itself. And it is proven that the essence of life and wisdom is one. Therefore, the affection, or love, or charity, which is the Holy Spirit, exists as coessential in the substance of the Father and the Son, and therefore proceeds equally from both.

FR. If the Holy Spirit exists as coessential to the Father and the Son, how could He be separated from that indivisible substance, when He appeared in the form of a dove over the Lord, or in the form of fire over the apostles? MAG. The substance of the Holy Spirit was not transmuted into a dove, just C as the substance of the Word was not transformed into flesh; but the Holy Spirit fashioned the body of a dove.

Of Saint Hilary, Bishop of Poitiers. From the sermon read after Pentecost, on the feast of the Holy Trinity.

We believe in the holy Trinity, that is, the Father, and the Son, and the Holy Spirit, one almighty God, of one substance, of one essence, of one power, the creator of all creatures, out of whom are all things, through whom are all things, in whom are all things: the Father from Himself, and not from another; the Son begotten of the Father, true God from true God; true light from true light, yet not two lights, but one light; the Holy Spirit, proceeding equally from the Father and the Son, consubstantial and coeternal with the Father and the Son. The Father is perfect God in Himself; the Son is perfect God, born of the Father; the Holy Spirit is perfect God, proceeding from the Father and the Son. We do not say three gods, but one almighty God, eternal, invisible, D incommutable, whole and present everywhere, not divided into parts, but whole in all things; not locally, but by power; who, while being incommutable, created mutable things and governs what is created; He always remains what He is, to whom it is impossible for any accident to belong (for to the simple nature of the divinity nothing can be added or taken away, for it is always what

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which is) to which it is proper, to which it is eternal, to which it is the same, A to be, and to live, and to think; and these three are one God; and the one God is these three, that is to say, God and Lord, a Trinity true and eternal in persons; a Unity true and eternal in substance; since the Father, and the Son, and the Holy Spirit are one substance. Now this holy Trinity is no more in the three persons spoken of together than if each person were spoken of once. For each of the persons is a complete substance in itself, yet they are not three substances, but one God, one substance, one power, one essence, one eternity, one majesty, one goodness: Father, Son, and Holy Spirit. But the Father is not one thing in the nature of the Son, or of the Holy Spirit; nor is the Son and the Holy Spirit another thing in the nature of the Father, since there is one nature; but the Father is one, the person; the Son is another, the person; and the Holy Spirit is another, the person. B In the Father is eternity, in the Son is equality, in the Holy Spirit is the bond of eternity and equality. All are one in substance, in existence, in omnipotence, in divinity. For just as this holy Trinity is indivisible in substance, so also it is indivisible in its works; although some of the works of God are peculiarly appropriate to certain persons, as for example the voice which sounded from the heavens when Christ was being baptized, to the Father; and the taking on of humanity belongs to the person of the Son alone; and the dove, in the form of which the same Holy Spirit C descended upon the Son of God, who was being baptized as a man, belongs peculiarly to the person of the Holy Spirit. Nevertheless, without doubt, the whole Trinity brought about that voice, and the dove, and the humanity of Christ, whose works are indivisible. In the reign of Constantine Porphyrogenitus, a tome was issued, with the concurrence of and

NOTICE

The following brief narrative, as if by Harmenopoulos, is recorded in the Nessel Catalog, part ii, p. 27, codex 12, number 3, and, as Fabricius testifies, has not yet seen the light. Wherefore I was already joyfully setting myself to bring it forward myself, when I found that this had been snatched from me by the learned triumvirs of the Royal Library of Turin, whether for the sake of a little glory or delight. However, since I had discovered that the Madrid manuscript was in certain matters of no slight importance different from the Turin one, and moreover that the notes to be applied to the variety of its readings would occupy no less space than the little work itself, it seemed that the same reheated dish could be set forth again without weariness to the reader and without waste of paper. Which we therefore willingly provide.

BRIEF NARRATIVE CONCERNING THREE SYNODICAL TOMES PROMULGATED UNDER THE EMPERORS CONSTANTINE PORPHYROGENITUS, MANUEL COMNENUS, AND MICHAEL PALAEOLOGUS, IN WHICH ALL LEADERS OF DISTURBANCES OR REBELLION AGAINST THE IMPERIAL MAJESTY, AND THEIR ABETTORS AND ACCOMPLICES, ARE STRUCK WITH ANATHEMA.

D Under the empire of Constantine Porphyrogenitus, with the consent of the patriarch of that time, Alexius, and of the synod,

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tomus is promulgated, in which are anathematized those who dare to commit rebellion or to usurp tyranny against the emperors, and who prepare subjects to incite them against their own masters. It has A contents as follows: To those who from this point forward make attempts at conspiracies or death, anathema. To those who cooperate with them and share in the rebellion, anathema. To those who give counsel and incite to such things, anathema. To those who take up arms with them, anathema. To those who receive them into repentance, when they have not yet repented of the rebellion and are still persisting in it, anathema. A similar one was made under the reign of the Comnenian Manuel, which was issued by the magistrates and the patriarch of the time, and by the synod gathered by him, anathematizing those who had attempted to plot conspiracies or rebellion against his son, Alexius, or who had provided aid to them. Another similar one did Emperor Michael Palaiologos arrange to be promulgated, in relation to his son, Andronikos, the pious emperor. There were present, as was fitting, the magistrates and the patriarch Joseph, who also attained the crown of martyrdom in witness of the true religion; and furthermore the holy synod B convened by him, which subjected to anathemas and most dreadful curses those who would plot conspiracy or rebellion with the intent of forcing from the empire the pillar of piety, the divine Emperor, Andronikos.

CONSTANTINI HARMENOPULI TOMUS CONTRA GREGORIUM PALAMAM

See, among the sentiments of the Greeks concerning him, those edited by Allatius on Gregory Palamas. (Below col. 864, where it is attributed to the Anonymous.)

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EPITOME OF THE DIVINE AND SACRED CANONS COMPOSED BY THE VENERABLE SEBASTOS, NOMOPHYLAX, AND JUDGE OF THESSALONICA, LORD CONSTANTINE HARMENOPOULOS

A PROLOGUE. Of the canons, some are those of the holy apostles, some are those of the seven holy ecumenical synods, some of the particular synods, and some of certain holy men. The first of the ecumenical synods was gathered at Nicaea, under Constantine the Great, against Arius, who said that the Son of God is a creature; it consisted of three hundred and eighteen God-bearing holy Fathers, by whom he was anathematized. The second was gathered at Constantinople, under Theodosius the Great, against the Pneumatomachi, consisting of one hundred and fifty holy Fathers, whom it also anathematized. The third was gathered at Ephesus, under Theodosius the Younger, against Nestorius, who taught that Christ was a mere man, and against Caelestius; it consisted of two hundred holy Fathers, by whom they were also anathematized. B The fourth was gathered at Chalcedon, under Marcian, against Dioscorus and Eutyches, who said that the two natures of the God-man Word were commingled after the union and reduced to one nature; it consisted of six hundred and thirty holy Fathers, by whom they were also anathematized. The fifth, assembled under Justinian the First at Constantinople, consisting of one hundred and sixty-five holy Fathers, ratified the dogmas of the fourth, and those resisting it—including Origen, and all the heretics—it punished with anathema. The sixth, likewise at Con-

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Constantinople and also assembled there, composed of one hundred and seventy holy Fathers under Constantine Pogonatus, anathematized those who taught one will and one energy in Christ. It, too, set forth no canons, just as the fifth had not. And for this reason, that which was assembled in the Trullus, which is called the sixth, was gathered, which was assembled in the Trullus of the palace at Constantinople, composed of two hundred and twenty-seven holy Fathers, by the order of Justinian Rhinotmetus, the son of Pogonatus, for the sole purpose of setting forth canons. Whence it is also called the Sixth, as having supplemented what was lacking in the sixth, which consists of the exposition of the canons. The seventh was assembled at Nicaea under Constantine and his mother Irene against the Iconoclasts, composed of three hundred and sixty-seven holy Fathers, whom it also anathematized. As for the particular synods: one was assembled at Constantinople in the Church of the Holy Apostles under Patriarch Photius, which is called the First and Second; another under Leo and Constantine in the most renowned Church of the Holy Wisdom of God, which confirmed the seventh synod; another met at Ancyra, older than the first universal synod, constituted concerning those who had fallen; another at Caesarea, which is also older than that at Ancyra, assembled for the sake of ecclesiastical order; another at Gangra, which was formed after the one at Nicaea, against a certain Eustathius, who disparaged marriage and taught other things contrary to ecclesiastical tradition, which it condemns with anathema one by one; another at Antioch in Syria. And two synods were held in this place. One under Aurelian, against Paul of Samosata, who said that Christ was a mere man; the other under Constantius, the son of Constantine the Great, which also set forth canons. Another was held at Laodicea, which is located in Pacatiana Phrygia; another at Sardica, for such a reason as this: when Constantius had embraced the sect of Arius, his brother Constans, ruling over Old Rome, threatened him with war by letter if he did not cease to subvert the Church. He wrote back that he was seeking the accurate doctrine of the faith. And for this reason, by their opinion and that of the Roman bishop, the holy Fathers came together in this synod, which, sanctioned by the authority of the synod of Nicaea, also set forth canons. Another was held at Carthage, which was assembled under Theodosius the Younger, composed of two hundred and seventeen holy Fathers, with whom were also the vicars of the Pope, which also, having ratified the synod of Nicaea, set forth canons. Carthage A is a part of Carchedon; but Carchedon is a province of Africa. And this is the account of the synods. But the canons of the holy [Fathers] are in part from the epistle of the holy Dionysius of Alexandria; others from holy Peter of Alexandria; others from holy Gregory the Miracle-Worker; others from the epistles

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of the great Basil; others from the epistle to Letoios of Melitene by holy Gregory of Nyssa; others from the A responses of Timothy of Alexandria; others from the responses of the council at Constantinople, presided over by the most holy Patriarch Nicholas, to certain monks; others from the epistles of holy Cyril; others from holy Patriarch Nicephorus. There are, then, of the holy apostles, eighty-five canons; of the ecumenical councils: the first has twenty, the second seven, the third eight, the fourth thirty, that in Trullo 102, and the seventh twenty-two. Of the particular councils: that called the First and Second has seventeen; that at Saint Sophia [has] three; of Ancyra, twenty-five; of Caesarea, fifteen; of Gangra, nineteen; of Antioch, twenty-five; of Laodicea, sixty; of Sardica, twenty-one; and of Carthage, 134. Furthermore, there are canons of the saints: of holy Dionysius of Alexandria, four; of holy Peter of Alexandria, fifteen; of holy Gregory the Miracle-Worker, twelve; of the great Basil, eighty-six; of holy Gregory of Nyssa, eight; of Timothy of Alexandria, eighteen; of Patriarch Nicholas, nine; of holy Cyril, five; and of the holy Patriarch Nicephorus, ten. We now, therefore, grasp the subject matter of these in an epitome here, setting aside first those matters dealing with bishops, and whoever is allied to them; then those concerning presbyters, deacons, and subdeacons, and whoever is allied to these; after these, those concerning clerics, and whoever corresponds to them; after whom, those concerning monks and monasteries; and after them, those concerning laymen and whoever is of a general nature; and finally, those concerning women, having embraced and composed the entire treatise of the canons in six sections. Each of the sections, in turn, possesses particular headings, for a more concise and at the same time clearer discovery of what is sought.

THE SACRED AND DIVINE CANONS IN COMPENDIUM

SECTION FIRST. ON BISHOPS.

On their election and ordination. C

HEADING FIRST.

The first of the apostles. Let a bishop be ordained by two or three bishops. That of the first [council], the nineteenth and thirteenth of that at Antioch, and the forty-ninth of that at Carthage. Let him be appointed, however, most of all by all the bishops in the province; but if that is not possible, by three, with the others consenting...

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by letters, provided the metropolitan has the power of request A regarding the decisions made by letters. The metropolitan, however, shall have the authority.

*Scholium.* The canon of the apostles speaks concerning consecration and the laying on of hands; the canon of the first synod, however, concerns election. For it calls this both established order and ordination.

*The 6th of the 1st, and the 2nd of the 2nd.* Let the ancient customs of the archbishops prevail, and let each have authority over his own provinces. But if any bishop [should be made] without the opinion of the metropolitan, let him be deposed.

*The 6th of the 1st, and the 19th of that at Antioch.* Where an election is made canonically by many, if two or three contentiously contradict, let the vote of the majority prevail, and let the dissenters be invalid.

*Scholium of Philotheos the Patriarch.* Note [the words] "canonically" and "if contentiously," for he did not say simply, "Where election is made by many," nor simply, "If they contradict." For if they contradict without contention and rightly, even the two are not in any way to be disregarded.

*The 3rd of that at Carthage.* When a bishop is being elected by three bishops, if a contradiction should arise concerning him, two more shall be joined to the three. And thus, if he appears pure by the judgment of these, let him be ordained.

*The 6th of that at Sardica.* But if in any province only one bishop remains, and he, having been summoned by the metropolitan for the ordination of a bishop, does not come, nor even reply in writing, let the metropolitan have sufficient authority. B When, however, a metropolitan is being ordained, let those of the neighboring province also be present.

*Scholium of Philotheos.* That is, let the metropolitan alone be sufficient and qualified to elect; for he will not ordain all by himself, except in accordance with the apostolic canon.

*The 25th of that at Laodicea.* In a village or rural district, where a presbyter is sufficient, let no bishop be established, lest the name of bishop be cheapened.

*The 30th of the apostles, and the 3rd of the 7th.* Whoever becomes a bishop through [the influence of] magistrates, let him be deposed and segregated along with those who have communion with him; for every election of a priest which is [done] by secular magistrates is invalid.

*Scholium.* Because of the excess of malice. But the encyclical letter sent by the Patriarch Gennadios also places such a person under anathema. C

*The 18th of that at Carthage.* Let him who is being ordained know the things decreed by the synods.

*The 36th of the apostles, and the 7th and 8th of that at Antioch.* If an ordained bishop does not accept the ministry, let him be segregated until he accepts it. If he is not accepted by the people, let the clergy indeed be segregated, because they did not instruct the populace; but let him himself remain a bishop.

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Of the Great Basil: Those who renounce their ordination must not be forced; and especially if there is no comfort in the words of the oath.

A Of the synod which is also called the first and second: A bishop must in no way be made in a church whose presiding officer is still alive and enjoying his own honor, unless the former has first resigned the episcopacy. For it is necessary that the bishop first be deposed canonically after an examination, and thus another be promoted in his place.

Of the one at Sardica: If a bishop is deposed by neighboring bishops, and he claims he has a defense again, unless the Bishop of Rome rules on it, let no other be installed in his seat.

TITLE II.

Who becomes a bishop, and who does not.

Canon 80 of the Apostles: One recently illuminated by baptism, or [one] from a bad manner of life, must not become a bishop, unless by divine grace.

Scholion: That is to say, if a revelation occurs concerning him, just as to Ananias concerning Paul.

77 of the same: One who has only one eye, and who is lame, if he is worthy, let him become bishop.

78 of the same: But if he is blind or deaf, let him not be [bishop].

B 17 of the one which is also called the first and second: Let no one of the laity or of the monks be raised suddenly to the height of the episcopacy, unless he be first examined in the ecclesiastical degrees, fulfilling the customary time in each order.

10 of the one at Sardica: And one who is wealthy from the marketplace, or a lawyer, let him not be installed into the high priesthood unless, through a period of time and testing, he has first traversed the ecclesiastical degrees; for he who does not do so is a novice.

12 of the one at Laodicea: The bishop who is about to be ordained, unless he knows the Psalter, and all divine Scripture, and the sacred canons inquisitively—and not passing over them, but reading them in such a way that he may himself live according to the divine precepts and teach the people placed under him—let him not be ordained.

C 28 of the 4th [synod]: Those of Pontus, and of Asia, and of Thrace, and the barbarians, let them be ordained by [the bishop] of Constantinople; as it has been granted equal privileges with [the bishop] of Rome, because of the transfer of the imperial scepter.

TITLE III.

What a bishop ought to do.

38 of the Apostles, and 25 of the one at Antioch: Let the bishop administer the affairs of the church with authority, appropriating none of these [things], or D

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A giving them to his relatives (unless perchance as to the poor), or granting authority over these [things] to his relatives. And let him who transgresses be punished by the Church. 40 of the Apostles, and 24 of the one at Antioch: Let the things of the bishop, and the things of the church, be made manifest, so that the bishop may dispose of his own, and the church may remain unharmed. 41 of the Apostles: Let the bishop have authority over the affairs of the church, and let him administer them as is pleasing to God. 26 of the Fourth Synod: Let a steward be appointed for each of the churches from the clergy. And let the bishop who neglects this be punished; but if the metropolitan does not appoint a steward in his church, let the patriarch appoint one; and if the bishop does not do so, let the metropolitan appoint one. And this is to be done likewise in monasteries. 19 held in Trullo: Let those who preside over the churches, especially at all times, but particularly on the Lord’s days, teach out of the Holy Scriptures, explaining the oracles of Scripture. 3 B of the one at Carthage: Let bishops, presbyters, and deacons be continent in all things, that they may obtain what they ask for, and let them abstain from women. 43 of the same: Let the bishop assign penance to those who are repenting, and let not a presbyter reconcile them without his judgment, unless it be from urgent necessity. And let him who does not receive those who are repenting be deposed. 4 of Basil the Great: But if he should treat any of these more humanely, on account of an excellent confession, he deserves pardon. 5 C of the one at Carthage: Let there be defenders, so that the bishop may not be troubled. 94 of the same: Let the bishop who is established in a diocese by the judgment of him to whom he is subject remain within his own boundaries.

TITLE IV.

What things a bishop ought not to do. 14 of the Apostles, and 15 of the one called the First and Second: Let not a bishop leave his own diocese and leap into another, unless he be judged more advantageous to those there, as being more apt to teach; and this by the judgment and entreaty of many D bishops.

Scholium. It does not say this meaning that he should always be with them there; but for a time, for the sake of the profit of the people, and that he may return again to his own diocese.

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A The 13th and 22nd canons of Antioch. If any bishop should arrive in another province without much exhortation and letters from the metropolitan, and should ordain and administer matters, let the things that have been done be void, and let him also be deposed.

The 21st of Antioch and the 1st of Carthage. A bishop is not to be appointed from parish to parish, neither of his own accord, nor by the people applying force, nor by the compulsion of bishops.

The 1st of Sardica. A bishop who leaps from a humbler city to one more exalted is to have not even lay communion, as an arrogant and covetous man.

The 2nd of the same. And if anyone produces letters from the men of the city to which he has transferred, supposedly inviting him to preside over them, as one who has committed fraud and is the author of sedition, let him not obtain communion even at the end.

The 16th of Antioch. Furthermore, a vacant bishop, if he should leap into a vacant church without a full synod (and it is full when the metropolitan is also present), even if the people of that city wish it, let him be rejected.

Scholium. The synodical opinion of the Patriarch Michael permits translations of bishops to take place, by the judgment of the one who is first among them, as necessity demands for the sake of greater profit. And it is permitted for a bishop to be given an additional bishopric by the primate within his own territory, in which, and in all its borders, he shall exercise all pontifical rights which their genuine bishop exercises: except that he shall not be seated with a throne in the temple.

The 18th of Ancyra. He who is not received by his own parish, if he invades other parishes and stirs up sedition, let him be excommunicated. But let him be enrolled, if he wishes, in the number of presbyters; but if he behaves seditiously even among them, let him be cast out even from the honor of a presbyter.

The 21st of Antioch. He who is unjustly cast out and arrives at another city, let him not be prevented from dwelling there until he returns to his own.

The 35th of the Apostles. Let a bishop not ordain outside his own territory, against the will of the inhabitants. He who is convicted of this, let him be deposed together with the one ordained.

Scholium. The synodical document of the Patriarch Michael, who was also supreme among the philosophers, condemns the bishop to a vacancy for a set time if he is unwilling to obey after a first and second admonition; but he orders the one who was ordained to perform the priest's office in that territory where he was ordained. He also permits pontiffs to teach about the faith everywhere, to deliver catechesis, to baptize men from wherever they may be, and to impart the divine mysteries to them.

The 16th of the 1st [Synod] and the 12th of Sardica. If any bishop should ordain a man who belongs to another, against the will of that [other] bishop, the ordination is void.

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A 59th canon of Carthage: If he detains him and does not return him, let him be fined.

24th canon of the 4th Synod: Whoever receives the clerics of another church, unless in the case of the capture of their homeland, let him be excluded from communion along with them.

20th canon of the Council in Trullo: Let a bishop who teaches publicly outside his own territory be deposed from his episcopacy and function in the role of a presbyter.

11th canon of Sardica: And if anyone comes to another city for any reason, if the bishop of that city is unskilled in teaching, let he himself not preach too frequently, shaming the former and seeking to win over to himself another’s jurisdiction.

The 34th of the Apostles and the 9th of the Council of Antioch: Let bishops do nothing without their primate, except that each one manages the affairs of his own diocese; nor may the primate do anything without the others, for the sake of concord.

Scholium: It speaks of dogmatic questions, public offenses, the installation of high priests, and such matters.

The same: Let a bishop who handles public and fiscal matters be deposed if he does not desist.

2nd canon of the 4th [Synod] and the 19th of the 7th: Whoever has ordained or promoted someone for money, down to the mansionarius, let him be deposed along with the one ordained or promoted. And those who acted as intermediaries, if they are clerics, let them be removed from office; but if they are laymen or monks, let them be anathematized.

Scholium: B The letter of Patriarch Tarasius to Pope Adrian of Rome declares those who ordain for money to be more impious than Macedonius and the Pneumatomachi around him, and considers them similar to the traitor Judas, in that they too sell the Holy Spirit for money, just as he sold the Son for money. But the golden bull of the Emperor Isaac Comnenus, which the synodical sentence of Patriarch Michael also confirmed, contains these words: "In the ordination of priests and in the canonical [fee], let the ancient sanction maintain its force: and let the bishop who ordains these priests take nothing more at their ordination than exactly seven gold coins. One, when he makes him a reader; three, when he ordains him a deacon; and another three, when he makes him a priest. Likewise, in the name of the canonical C [fee], from a village having 30 hearths, let him receive one gold coin, 2 silver coins, one ram, six modii of barley, six measures of wine, six modii of flour, and 30 hens." And this has also been confirmed by another synodical memorandum of Patriarch Nicholas.

7th canon of the 7th [Synod]: Whoever demands gold, or silver, or any other form of payment from his subordinates, and because of any of these things bars someone from the holy ministry, or excommunicates him, or closes a venerable temple so that the divine services may not be performed in it, let him be subject to the law of retaliation. D

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A

*From the epistle of Basil the Great to the bishops subject to him.*

Let no one who ordains for money use a crafty pretext to cloak the matter, by not taking beforehand or not taking at the same time, but taking afterwards. For to take is to receive at any time whatever; and this is avarice, which is idolatry. Therefore, let not idols be preferred to Christ, nor let anyone imitate Judas, betraying for gifts Him who was crucified once for our sake. For both the fields and the hands of those who receive such fruits shall be called Aceldama.

*Canon 29 of the 4th Council.*

He who degrades a bishop to the rank of presbyter is a sacrilegious man. For if he is guilty, he has already fallen from his rank; but if he is blameless, he must also remain a bishop.

*Canon 12 of the Council in Trullo.*

A bishop cohabiting with a woman shall be deposed. B

*Canon 18 of the 7th Council.*

Let women not reside in episcopal residences or monasteries. If any bishop or abbot uses a woman, whether bond or free, for service, let him be rebuked; and if he persists in his intent, let him be deposed. Wherever a bishop or abbot may lodge while on a journey, when he is present, let the women withdraw.

*Canon 27 of the Council in Trullo.*

He who consecrates a temple without the holy relics, as one who violates the ecclesiastical traditions, shall be deposed.

*Canon 28 of the same.*

A bishop who alienates any of the fertile lands of his bishopric, especially to magistrates, shall be expelled, and the sale shall remain void. The same is to be determined concerning abbots. C

*Canon 26 and 33 of Carthage.*

In general, a bishop shall not sell the property of the church, unless it be unproductive and some great necessity compels him. And even then, let it be done with the opinion of the primate, the synod, or the neighboring bishops; if he does otherwise, he shall be liable to punishment.

*Canon 16 of the Council in Trullo.*

A bishop or cleric who adorns himself with splendid garments or is anointed with perfumes, if he does not cease, let him be rebuked [or deposed].

*Canon 16 of the 1st and 2nd Council, Canon 11 of the Sardican, and Canon 1 of Carthage.*

If any bishop neglects his own flock, and not being hindered by sickness, or by an imperial or patriarchal order, remains abroad for more than six months, he shall be utterly alienated from the honor and dignity of a bishop. D

*Canon 12 of the Council of Sardica.*

And he who goes off to his own estates positioned outside his territory shall not remain on them for more than three weeks.

*Canon 121 of the Council of Carthage.*

Those who neglect what pertains to them shall be rebuked by the bishops neighboring to them, and if indeed nothing

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within six months has been done by them, let them be adjudged to one who can make a profit, unless perhaps they appear to be doing this not out of negligence, but by reason of administration.

A *Canon 12 of the Council at Holy Sophia.* Let not a high priest degrade himself to the position of those doing penance; if he has degraded himself, let him no longer claim for himself the high-priestly honor.

*Canon 4 of the Council of Antioch.* If a bishop has been deposed by a synod, or a presbyter or deacon by his own bishop, should he, daring to perform any part of the ministry, have no longer any hope of restitution in full; and let those who communicate with him be excommunicated, especially if they have known the sentence passed against him.

B *Canon 11 of the Council of Antioch.* A bishop or presbyter who has gone to the emperor without the consent of his own metropolitan shall be cast out both from communion and from his rank.

*Canon 7 of the Council of Sardica.* A bishop shall not go to the emperor otherwise than as the just defense of widows, orphans, and the oppressed compels him.

*Canon 8 of the same.* If he himself is unwilling to go on account of some such reason, ashamed as he is to reside in the camp, let a deacon be sent.

*Canon 21 of the same.* Let a bishop who sees a bishop traveling examine the cause of his journey; and if he finds him traveling neither for any of the reasons we have defined, nor to the emperor, nor to another place, let him neither subscribe to his letters nor communicate with him.

C *Canon 12 of the Council of Antioch.* Let the deposed [bishop], if he does not betake himself to a greater synod and report the rights he thinks he possesses, but instead troubles the emperor, have no place for defense, nor any hope of future restitution in full.

*Canon 40 of the Council of Laodicea, and 53 [56] and 76 of the Council of Carthage.* Let a bishop who is called to a synod and disregards it, unless it be on account of infirmity, be rebuked. But if, relying on his own multitude, he despises brotherly charity, let him be punished by the authority of the magistrate.

D *Canon 3 of the Council of Sardica.* Let a bishop not go to the city unsummoned; and if he is at variance with his fellow bishop, let him not appeal to another province, unless perhaps it seems good to the bishop of Rome that his case should be judged by others.

*Canon 9 of the 4th Synod.* If any bishop or cleric has a controversy with his metropolitan, let him litigate before the throne of Constantinople.

*Canon 5 of the Council of Sardica.* If a bishop has been condemned by his fellow bishops, and he invokes the bishop of Rome, and he decrees that his case ought to be judged by those living near him, let it be done. And if again

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he shall invoke this, and the bishop of Rome, having sent presbyters, shall decree that his cause be heard again, let this also be done.

10 of Sardica, and 16 of Carthage. A He who knowingly admits one excluded from communion to communion, let him be held liable.

6 of Antioch. Let not one excluded from communion be received beforehand by another, rather than by his own bishop; unless, a synod having been held, he has gone to it and cleared himself, and having persuaded the synod, he receives another sentence.

13 of Carthage. A bishop who acts against his own confession or subscription, let him be despoiled of his honor.

22 of the same. Let not a bishop or cleric receive a heretic, nor bestow any of his own possessions upon him, even if he be a relative.

81 of the same. Anathema to one who appoints heretics or pagans as heirs.

23 of the same. Let not a bishop travel across the sea, unless he have received a dimissory letter from the primate of his region.

32 of the same. B A bishop or cleric who having previously nothing, thereafter acquires goods, unless he consecrates them to the church, let him be held liable as if he had plundered the Lord’s property. And if he should inherit by right of kinship, let him dedicate even these to the church. But he who has consecrated some of his own, and afterward repented of it, let him be judged unworthy of ecclesiastical honor.

35 of the same. A bishop or cleric who emancipates his own children before the stability of their character or age, he is a participant in the offenses committed by them.

86 of the same. C Let no bishop dare to prefer himself to those who were before him.

Scholium. He who was ordained earlier used to sit before him who was ordained later, and for this reason it says these things.

107 of the same. Let not one and the same bishop execute a sentence upon himself.

120 of the same. A bishop who has a right over a people, if he seeks this by the help of the powerful, and not by the judgment of the bishops, let him forfeit that right, even if he possesses letters from the primate.

125 of the same. A bishop who neglects the catholic D union, and...

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if he is accused of falsifying this, or if heretics do not approach the catholic church through his zeal, let him be deposed from the episcopate. 132 of the same. A bishop who claims that someone confessed a sin to him privately, if that person denies it, the bishop is not to be believed. 133 [al. 136] of the same. He who unjustly withholds communion from anyone, is himself excluded from communion.

2 S. Cyrilli. B It is contrary to ecclesiastical law that some of the clergy offer letters of resignation. For if they are worthy, let them perform their sacred ministry; but if not, let them not resign, but depart as those who have been judged unworthy.

5 of the same: If anyone undermines any of the things that have been divinely pleasing to the God-bearing Fathers, this is no longer to be called a dispensation, but a transgression, a betrayal of dogma, and impiety towards God.

Scholium Citrensis. A metropolitan may celebrate the divine liturgy in the territory of a bishop who is subject to him, having obtained his consent, but he should make his report not to the bishop, but to the patriarch. For it is inadmissible, and contrary to divine order, for a superior to make a report to one who is subject to him.

6 of the apostles, and 84 of Antioch. A bishop who appoints another in his own place is to be excommunicated, and the ordination is to remain void. But after the bishop has fallen asleep, let the synod itself bring forward the worthy man.

31 held in Trullo. C When a bishop has died, his metropolitan must not plunder his goods, but the clergy should guard them for the future bishop. If there is no clergy, the metropolitan shall act in the same manner.

25 of the 4th synod. The church must not remain widowed for more than three months, but within that time a bishop must be ordained, and the steward shall keep the revenues of the church safe and sound. If this is not done, he who neglects the ordination shall be punished.

74 of Carthage. But the mediator of the see, if he does not give diligent effort that a bishop be appointed to that see within the space of a year, shall be expelled.

TITLE V

Who are admitted to the accusation of a bishop, and who are not admitted. Also who, and how, they shall judge the case of the accused.

6 of the 2nd synod. In one's own private affairs, even one who thinks wrongly about religion may bring a charge against a bishop, as one who has been injured; but in ecclesiastical matters, those who are orthodox and D communicate, and are entirely...

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A blameless. And let these bring their charge before the provincial bishops. But if the matter cannot be settled before them, let them have recourse to a greater synod. Yet let them not be heard without a written statement of the grievance. And he who acts contrary to these things, and perchance troubles the Emperor or worldly magistrates regarding them, shall not be admitted to make an accusation.

Canon 24 of the 4th [Synod]. Neither cleric nor layman, without a prior examination, shall be admitted to the accusation of bishops or clerics.

Canon 8 and 9 of the council at Carthage. He who is defamed for any crime, if he accuses the Fathers and bishops, shall not be admitted.

Canon 85 of the Apostles. Similarly, a heretic is not admitted to give witness against a bishop; indeed, not even a single believer (is accepted without examination).

Canon 84 of the same. If a bishop be accused by a trustworthy person, and having been summoned twice or thrice by bishops, he makes light of them and does not obey, let the synod pronounce its decision.

Canon 19 of the council at Carthage. An accused bishop shall not be immediately excluded from communion; but if, after a month, he does not present himself to the metropolitan without necessity, or if he does not do so after two months due to a great necessity, then let him not communicate until he is declared innocent. But his accuser, if he remains in attendance at the court, shall communicate; but if he flees, let him be excluded from communion.

Canon 12 of the same. When a bishop is accused, if it be difficult for the whole synod to assemble, let twelve bishops at least examine the case; if it be a presbyter, six; if a deacon, three.

Scholium. From this, Patriarch Lucas was moved to deem the deposition of John, Bishop of Amathus, carried out by the Archbishop of Cyprus, to be void, because when only eleven bishops were present to him, he himself did not exceed the number of twelve.

Canon 14 of the council at Antioch. And when a bishop is under judgment, if the bishops of the province disagree and do not bring the same opinion, let others be called by the metropolitan from those nearby, to resolve the dispute; but if they all agree, D let the vote have its validity, and let him not be judged before others.

TITLE VI

Concerning provinces.

Canon 8 of the 3rd [Synod]. Let the rights of each province be preserved inviolably; and he who introduces another procedure is void.

Canon 12 of the 4th [Synod]. And he who divides one province into two is deposed from his rank. But as for a city that has been honored by imperial decree, let it enjoy the honor only

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together with its bishop; but let the rights be preserved for the city which is truly the metropolis. A

17 of the same, and 25 of the Council in Trullo. Let a rustic and agrarian parish be adjudicated to him who has possessed it for thirty years without controversy; but within these years, let it be permitted to him who struggles concerning this to state his case before the synod of the province.

17 of that of Carthage. And he who converts a place into a Catholic [church], if he holds it for three years while a neighboring bishop is present, let him be immune from legal action.

57 and 98 of Laodicea, and 53 of Carthage. Those who have never had a bishop shall not have one otherwise, unless the entire synod of the province, by the judgment of the one to whom the parish is subject, determines it. B

TITLE VII. Concerning synods and thrones.

Canon 37 of the Apostles, 5 of the first synod, 19 of the fourth, and 2 of that in Antioch. Let the bishops of each province meet twice a year, wherever the bishop of the metropolis thinks fit, on account of dogmas and contentions: namely, in the fourth week of Pentecost, and on the twelfth day of the month of Hyperberetaios.

6 of the seventh synod. Let there be an annual synod in every province, just as the Fathers of the sixth synod decreed; and let the magistrate who prevents this be excommunicated; and let the metropolitan who neglects it, except for some necessity, be rebuked. And if, when the synod is convened, a metropolitan is convicted of having exacted a beast of burden (jumentum) from a bishop, or any other form of tribute, let him pay back fourfold.

95 of that of Carthage. Or let a synod not be held annually, but when necessity calls; and let not common causes be examined in each province [individually].

127 of the same. If bishops cannot remain in the synod any longer, let three be chosen from each province. C

14 of the same. From Tripoli, on account of the scarcity of the region, let one bishop come for the purpose of oversight.

85 of the same. If it is necessary to write replies to certain letters from the synod, let the president of it write in the name of all.

3 of the second, and 36 of that in Trullo. Let the [bishop] of Constantinople enjoy equal honors after the Roman [bishop]. After whom, [the bishop] of Alexandria, then of Antioch, after him, of Jerusalem. D

7 of the first. Who shall also obtain honor, with the dignity of his metropolis being preserved.

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A Canon 39 of the Trullan [Council]. The bishop of New Justinianopolis, or Cyprus, shall have the rights of the Constantinopolitan, and shall preside over the Hellespontines, and shall ordain the bishop of Cyzicus. Canon 58 of the same. The principal bishop shall not be called prince of priests, or supreme pontiff, but bishop of the first see. The same canon. The bishop of Carthage, from wherever he wishes, may appoint presiding heads for the churches; even if one has but a single presbyter worthy to be set in charge.

TITULUS VIII. Canones his affines

. Canon 87 of the Carthaginian [Council]. Since the bishop of Conobdeledei, having been accused, at first refused to be judged by the synod, but afterwards declined, let him be excluded from communion until the matter is finished. For one ought not to be deposed before [the] examination of the suit. B Canon 100 of [the] Carthaginian [Council]. The accusers of the bishop Maurentius having been sought twice and thrice, and not being found, a sentence should indeed have been passed; but because of ecclesiastical mildness, let twelve bishops examine him in a local council. Epistle of the third council to the venerable synod in Pamphylia. A certain bishop, Eustathius, because of a desire for leisure, having despaired of being able to continue because of the burdens heaped upon him, renounced [his] bishopric by writing, and Theodore was ordained in his place. Afterwards, when Eustathius had besought [the synod] with tears, Theodore being kept safe—as he had been legitimately ordained because of Eustathius's resignation—it was permitted to Eustathius himself that he should be a participant in the name, and the rank, and the dignity, yet not to perform sacred rites C nor to ordain, unless perhaps he were called by a brother and co-bishop. Synodal Act. The bishop of Macra, Theodulus, under the patriarch... having renounced the pontifical dignity in writing, afterwards, under the patriarch Michael of Anchialus, revoked this, asking that his written resignation be produced. Once it was produced, because it was found that it did not contain a resignation [of the bishop] as *unworthy*, but as *not worthy*, the patriarch judged that such a resignation was inadmissible. For he who is not worthy to perform a sacred rite is not immediately also *unworthy*. For he who says he is unworthy D condemns himself; but he who says he is "not worthy" is to be congratulated as one who thinks humbly of himself. Canon 1 of the fourth [Council]. Since it is the custom for Egyptians not to subscribe without the permission of their bishop, let them remain in...

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in this state at Constantinople, until the Alexandrian shall have arrived, or having given sureties, or having provided a sworn guarantee.

A 4 of the [Second] Synod. Let Maximus the Cynic be deprived of his episcopate, and let anyone who has been ordained by him fall from his rank.

*Scholium.* This man, being a Cynic philosopher, having been baptized by Saint Gregory the Theologian, was ordained bishop of Constantinople by certain persons, through the intervention of money; and then, when he was recognized, he was rejected.

65 of Carthage. Equitius, having been removed and yet behaving himself wickedly again, is not to be neglected, for the sake of the ecclesiastical state.

5 of the [Second] Synod. The tome of the Westerners is worthy to be received, seeing that it confesses the Father, and the Son, and the Holy Spirit to be of the same nature or essence.

*Scholium.* When Constantius the Emperor had become an Arian, the Bishop of Rome, having convoked a synod of 341 bishops at Sardica, set forth this tome of the faith, with the consent also of Constans, the brother of Constantius.

TITLE IX. Concerning chorepiscopi.

Canon 13 of Ancyra, and 10 of Antioch. Let a chorepiscopus not ordain a presbyter or deacon without the permission of the bishop. But let him ordain lectors, subdeacons, and exorcists—that is, catechists. And he who shall do otherwise, let him fall from his rank.

9 of Antioch. Let a chorepiscopus give canonical letters.

*Scholium.* Chorepiscopi are those who are now called exarchs, whether they belong to the patriarch or to the metropolitan.

Another [canon]. But canon 14 of the 7th [Synod] does not even permit the chorepiscopus to ordain lectors, C unless by the permission of the bishop.

SECTION II. CONCERNING PRESBYTERS, DEACONS, AND SUBDEACONS.

Concerning the ordination of these, and who ought to become priests, and who ought not.

TITLE I.

Canon 2 of the Apostles. Let a presbyter or deacon be ordained by one bishop.

17 of the Apostles, and 12 of Basil the Great. He who becomes a digamist after baptism is not admitted to the priesthood.

*Scholium.* A digamist is he who has betrothed one woman to himself, and marries another according to the laws; and he who marries a woman betrothed to another. D

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A 18 apostolorum. Similarly, he who marries a widow, a repudiated woman, a prostitute, a slave, or an actress is not admitted to the priesthood.

21 of the same. He who is a eunuch by the malice of men or by nature, if he be worthy, is made a priest.

Of Patriarch Nicephorus. Children born from a concubine, or from fornication, or from bigamists, or begotten from a third marriage, if it appears that they are endowed with virtues and are worthy, let them become priests.

Of the same. He who is convicted of public theft in capital crimes is not admitted to the priesthood. Moreover, even if one is already initiated into the priesthood and falls into such a crime, he is deposed.

2 of synod 1. Those who come from the pagans are not to be baptized quickly, nor are they to be made priests immediately after being baptized. Furthermore, if any of them should be convicted after ordination of being subject to a sin of the soul, let him be deposed.

*Scholium.* Either every sin is called "of the soul" because it causes harm to the soul, or rather because it has its origin from the perversion of the faculties of the soul; or those only are sins of the soul which proceed from the passions of the soul, such as those which arise from self-opinion, pride, and disobedience.

14 held in Trullo, and 11 Caesarean. A presbyter ordained before thirty years of age, even if he be very worthy, and a deacon before twenty-five, and a deaconess before forty, and a subdeacon before twenty, let them be deposed.

13 held in Trullo. He who is illuminated because of illness should not become a presbyter, unless his zeal and the scarcity of men so persuade.

13 Laodicean. A newly illuminated person shall not be admitted to the priesthood.

5 held in Trullo. The ordination of those who are among the Hearers shall not take place.

36 Carthaginian. Let him who does not make all those in his house orthodox not be ordained.

14 of Basil the Great. He who takes usury, if he spend the unjust gain on the poor and cease taking usury in the future, can be admitted to the priesthood.

57 Carthaginian. Infants baptized by the Donatists, if after performing penance they shall have anathematized the sect of those people and be worthy, let them be ordained.

6 of the Fourth. A presbyter and deacon not absolutely, but pec-

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peculiarly to the church of some city, or to a martyry, or to a monastery shall be ordained; he who does otherwise is disqualified.

89 of Carthage. Let those who are ordained receive letters indicating the consul and the day.

Scholium. That is to say, those things being made manifest, they may preside over those for whom they were ordained beforehand.

TITLE II.

What a priest ought to offer, and what he ought not to offer. A

3 of the Apostles, and 57 of those held in Trullo.

Let the priest who offers milk or honey at the altar, or strong drink instead of wine, or birds, or animals, or pulses, except for new ears of corn, and grape, and oil, and incense, be deposed.

Scholium. These are not as a sacrifice, but as the first-fruits of new crops.

28 held in Trullo.

He who joins a grape to the bloodless sacrifice of the oblation, let him be deposed.

32 held in Trullo, and 37 of Carthage. B

If anyone offers an unmixed host [using] water only, as the Hydroparastatae do, or wine, as the Armenians do, and does not mix water with the wine, let him be deposed.

TITLE III.

What a priest ought to do, and what he ought not to do.

5 of the Apostles, and 13 of the 4th [Council].

A priest or deacon who, under the pretext of continence, casts out his own wife, let him be excommunicated; but if he persists, let him be deposed.

89 [al. 49] of Carthage. C

And he who dissolves the marriage of an ordained presbyter or deacon, let him be deposed.

6 of the Apostles.

Let a priest who undertakes secular cares be deposed.

Scholium. Concerning these, the civil laws also make statutes, excepting only the administration of orphans' affairs.

24 of Laodicea.

He who is raised to the priesthood must not become a tax-collector or a curator. D

83 of the Apostles.

Let a priest who serves as a soldier be deposed; for "the things of Caesar [to] Caesar, and the things of God to God."

7 of the Apostles.

He who celebrates the Pascha with the Jews, let him be deposed.

8 of the same.

If a priest does not communicate, let him state the cause; let him [not...]

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be excommunicated, as one who has rendered the offerer suspect. A 11 of the same. He who prays with one who is deposed, let him be deposed. 12 of the same. One who is not to be received, if he be received by another without letters of commendation, let him be excommunicated together with the one who received him. Scholium. One who is inadmissible is he who cannot be promoted to a higher rank by his own bishop, due perhaps to some doubts. Letters of commendation are those which are given by a bishop to clerics or priests who are departing to another city, and which commend them to the bishop of that place as being entirely blameless. 13 of the same. But if he should also be excommunicated, let him be excommunicated further. 25 of the same. A priest or cleric caught in fornication, or perjury, or theft, is to be deposed, but not excommunicated. For it is written, he says, "You shall not exact vengeance twice for the same offense." 27 of the same, and the 9th of the First and Second. A priest who has beaten a believer or an unbeliever, whether by his own hand or by order, let him be deposed. For he ought to discipline the offenders with admonitions and ecclesiastical penalties; but if they do not obey, he should hand them over to the magistrates. 28 of the Apostles. He who has been justly deposed for manifest crimes, if he should touch sacred things again, let him be cut off from the Church entirely. C 29 of the same. He who has become a priest through money, let him be deposed together with the one who ordained him, and let him remain excluded from communion, after the example of Simon Magus. 31 of the same. He who has separated himself from his bishop without cause, and has set up another altar, if when summoned he does not obey, he himself together with those who communicate with him shall be deposed; but the people who received him, let them be excommunicated. 10 of that of Carthage. And again: If a presbyter, puffed up against his own bishop, causes a schism, let him be anathema. D 11 of the same. Likewise, and if anyone who has been condemned by a bishop does not strive to be reconciled with the bishop who condemned him through neighboring bishops, but, being puffed up, separates himself and offers a holy sacrifice to God, let him be anathema, and let him be removed from his own place besides. 32 of the Apostles. A priest who is excommunicated shall not be received by another, unless by chance the one who excommunicated him has quickly died.

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A Scholium. It does not speak of the bishop of another territory, but of him who by succession has attained the pontifical dignity of the one who excommunicated the man, after his death, that is to say. Furthermore, even while the one who excommunicated him is still living, the excommunication is dissolved by a synod if it should appear that it was not rightly performed. 9 of the Patriarch Nicholas. An unreasonable bond has no force and is dissolved by a pontiff.

Scholium. Regarding this, the civil laws also enact that they separate from communion him who has separated anyone from it without cause, so that he may justly suffer what he unjustly did. 33 of the Apostles, 13 of the 4th, and 7 of Antioch. A foreign priest lacking commendatory letters shall be examined, and if he teaches rightly, let him be received; but if not, let him be dismissed after having received what is necessary for his journey.

42 of the Apostles. A priest who plays at dice or is a drunkard, unless he ceases, let him be deposed.

Scholium. Indeed, the 123rd Novella of Justinian separates these from every priestly function for three years, and also expels them from monasteries. B 16 and 42 of the same. A priest or deacon shall do nothing without the opinion of the bishop.

Scholium. Namely, in punishing, or absolving from excommunication, or decreasing or increasing the penalty.

43 of the Apostles, 17 of the 1st, 10 of the 4th, 4 of Laodicea, 16 of Carthage. The same, if he exacts usury, unless he ceases, let him be deposed. Likewise also if he devises something else for the sake of shameful gain.

44 of the Apostles. A priest who only prays with heretics, let him be excommunicated; but let him be deposed if he also regards them as clergymen.

46 of the same. He who admits the baptism or sacrifice of heretics, let him be deposed.

47 of the same. Likewise also he who rebaptizes the baptized, or who does not rebaptize him who has been polluted by the impious, and he who does not baptize into the Father, and Son, and Holy Spirit, let him be deposed.

Scholium. It is indeed forbidden to rebaptize the baptized; but to anoint with oil, by no means, even if this also seems to be a part of holy baptism.

50 of the same. C Likewise also he who does not baptize by three immersions, but by one.

5 Carthage. A bishop, presbyter, and deacon, D shall be continent

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in all things in order to obtain what they ask, and to abstain from women. 11 of Antioch. A bishop or presbyter who goes to the emperor without the consent of his own metropolitan shall be cast out, both from communion and from his rank. 53 of the Apostles. A priest who does not partake of wine and meat on festival days, unless it be for the sake of A ascetic discipline, shall be deposed. 14 of Ancyra. A man in holy orders who abstains from meat, yet having only tasted of it, should abstain thus, or even from vegetables cooked with meat. 56 of the Apostles. A presbyter or deacon who insults a bishop shall be excommunicated. 57 of the same. Likewise also if he mocks a lame, or blind, B or deaf man. 58 of the same. A priest who does not teach piety shall be excommunicated; but if he persists, he shall be deposed. 59 of the same. Likewise also he who does not do good to a needy cleric. 60 of the same. He who publicly presents the book of an impious man to the people shall be deposed. 64 of the same. He who prays together with Jews or heretics shall be deposed C and excommunicated. 68 of the same. He who is ordained twice by the laying on of hands shall be deposed along with the one who ordained him, unless the first ordination was by heretics. 3 of the First [Ecumenical Council]. A man in holy orders shall not have an introduced woman, except for a mother, a sister, an aunt, and all such persons as are exempt from all suspicion. 9 of the same. Those who were ordained without examination, or who, when examined, confessed their own sins and yet were ordained, shall be deposed. 10 of the same. As many as were ordained from among the lapsed, whether or not the one who ordained them knew it, shall be deposed. 16 of the same, and 35 of Antioch. Presbyters or deacons who depart from their D own church shall remain unreceived by others, being compelled to return to their own churches; but if they persist, they shall be uncommunicated by the priests. 4 of Antioch. A bishop deposed by a synod, or a presbyter, or deacon, or subdeacon deposted by his own bishop, if he dares to perform any part of the sacred ministry, shall no longer have any hope of restoration to his former state; and those who communicate with him shall be censured, especially if they know of the sentence passed against him.

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6 HELD IN TRULLO

A A priest, or deacon, or subdeacon who marries after his ordination shall be deposed. *Scholium.* That is, he is removed from the priesthood, but he shall retain his honor and seat. But if he has committed fornication or adultery, he shall be utterly cast out and driven to penance; for so we have found some interpreters to have declared.

21 HELD IN TRULLO

Whoever is clearly deposed for some crime, if he performs penance, let him be shorn like the clergy. If not, let him groom his hair after the manner of the laity.

25 OF THE SAME

Whoever admits the faithful to the partaking of the pure communion and requests anything whatsoever of them for the sake of a reward, let him be deposed.

26 OF THE SAME, AND 27 OF BASIL THE GREAT

B If a presbyter unintentionally falls into an unlawful marriage, once the union is dissolved, let him retain his seat only, refraining from all functions. *Scholium.* Namely, if perhaps he has taken into his house one bound to him by the tie of blood, or a solitary woman who has renounced the holy habit, or a ward whose guardian his father was.

29 HELD IN TRULLO

Although the Council of Carthage forbids priests to offer the sacrifice on the day of the holy supper after they have eaten, yet let no one do this anymore, nor let anyone bring dishonor upon the whole of the Quadragesima through the fifth day of the seventh week.

30 OF THE SAME

Priests of the barbarian churches, if they abstain from their wives by mutual consent, let them abstain entirely. *Scholium.* This is said because of their instability and weakness.

31 OF THE SAME, AND 12 OF THE FIRST AND SECOND

Whoever, without the judgment of the bishop, offers or baptizes in an oratory that is within a house, let him be deposed.

83 HELD IN TRULLO

C Let no one give the sacraments to a dead body.

99 OF THE SAME

A priest who, according to the custom of the Armenians, permits meat to be cooked in the temple and receives a part of these from those who offer them, let him be segregated.

13 OF THE FIRST AND SECOND

If a presbyter or deacon, having as he assumes judged his own bishop for a crime, dares to separate himself from his communion before a synodal investigation, let him be deposed and deprived of all priestly honor; and those who have followed him, if they are in holy orders, let them be deposed, but if they are monks or laymen, let them be segregated.

33 OF CARTHAGE

D Let not presbyters sell the goods of the Church without the consent of the bishop.

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A 35 OF ANCYRA. If presbyters have dispersed anything of the Church's goods, let the Church issue a summons concerning this, and regarding its value, as it shall seem good to the bishop. 7 OF CAESAREA. Let not a presbyter attend a feast at the wedding of a digamist. 9 and 10 of the same. If a presbyter confesses that he has sinned previously, let him not offer [the Eucharist], but remain among the rest for the sake of concord. But if he has not confessed nor been convicted, let him retain the authority. 13 of the same. Let not country presbyters offer [the Eucharist] in the city church, the bishop being present, or the city presbyter. But if they are absent, if they are invited, let them offer. Likewise also the deacon. 9 OF ANTIOCH. Let not a country presbyter give canonical letters, except only to the neighboring bishop; but let the chorepiscopus give them. 24 OF LAODICEA. Let no one in holy orders, or enrolled in the clergy, enter a tavern at all. 36 of the same. Let any priest or cleric who is a magician, or an incanter, or a mathematician, or an astrologer, or a wearer of amulets, be cast out of the Church. 40 of the same. Let not a priest or cleric travel without the permission of the bishop. 42 of the same. Nor without canonical letters. 56 of the same. Let not a presbyter enter the sanctuary or sit before the bishop. B C 14 OF SARDICA. Let him who has been judged by a hot-tempered bishop flee to the metropolitan; and remaining excommunicate, let him seek to obtain an examination of the cause, and let the bishop not be angry. 17 of the same. Let the established times of delay for bishops be observed also in the case of presbyters and deacons. 6 OF CARTHAGE. Let not the preparation of chrism, the reconciliation of penitents, or the consecration of virgins be performed by presbyters. D Scholia. The rite concerning the perpetual myrrh. That is, the remission of the penalty. For he to whom the penalty is remitted is reconciled to God and the faithful, communicating with them. Also, it is forbidden to priests to receive the offerings of those parents who knowingly allow their children who are under their authority to commit fornication. For the sins of those under authority, who are still in their power, are referred to their masters, just as the blessed John says.

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A 7 of the same. If anyone who is in danger, when the bishop is not present, should ask to be reconciled to the altars, let the presbyter inquire of the bishop, and let him act according to what is told to him.

20 of the same. Let an accused presbyter be examined by his own bishop together with six other bishops, whom the accuser and the accused shall choose; a deacon, however, [shall be examined] with three other bishops; but for the rest of the clergy, [he shall be examined] alone. Let the same space of time be observed for these as is observed for bishops.

25 of the same. Let those who handle sacred things abstain from their wives; and if they do not do so, let them be deposed.

27 of the same. Let a clergyman who has been convicted and deposed not be ordained again as if he were a layman doing penance, nor let him be rebaptized, as if he were to gain anything from that.

48 of the same. Let there be no rebaptisms, reordinations, or removals of bishops.

31 of the same. He who refuses a higher honor when necessity demands it, shall lose even that which he has.

29 of the same. He who is excommunicated and communicates before [receiving] compassion, condemns himself. B

104 of the same. Let a clergyman who seeks a public judgment from the emperor be deposed.

122 of the same. He who does not accept the judgment of those chosen by common consent shall be excommunicated.

17 of Basil the Great. A presbyter who for necessity has sworn not to perform the sacred ministry, if he repents of the act, let him serve in his sacred office privately, not publicly.

70 of Basil the Great. A deacon or presbyter who has confessed with his lips that he has been defiled, being excluded from the ministry, let him partake of the sacraments with the deacons or presbyters. But if it should appear that he has committed something even in addition to this, let him be deposed. C

1 of Ancyra. A presbyter who under compulsion has sacrificed to demons, but later has re-entered the struggle, let him remain a partaker of his honor and his seat, but let him perform none of the things that pertain to the priestly office.

2 of the same. Similarly for a deacon; but let the bishop increase or diminish [the penance] according to the reason of their repentance.

3 of those in Trullo. Priests and deacons, as many as before this our council unlawfully contracted D marriage, or [married] widows

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A taken as wives after their ordination, or who contracted marriage [afterward], then upon repenting dissolved these illicit marriages, let them abstain from the sacred ministry for a certain fixed time, sharing only in the honor and the seat, until they have propitiated the Divine [Being] with tears. Thereafter, let them remain without offense. And from this point forward, let the canons of the apostles concerning these matters remain in force.

Scholium. For the sake of indulgence at that time, the present canon was issued for a season, since almost all had transgressed. ... Neither may a priest who has bathed celebrate on the same day, nor may a layman, after having gone to a bath, partake of the mysteries on the same day. And conversely, neither a priest who has performed the sacred rites, nor a layman who has been deemed worthy of the divine sacraments, shall bathe or undergo bloodletting, unless a lethal disease urges it.

13 [al. 3] of Patriarch Nicholas. Let the priests not eat what remains of the offerings made to the church as if it were common bread; but [let them eat it] separately and set apart, and not with milk, or cheese, or eggs, or fish. But let those pieces which have been lifted up be eaten in the church alone. B

If the previously sanctified loaves have been consumed in the temple by dogs or mice, let the priests be rebuked, as not having provided sufficient security. But those who have lost loaves stolen by mice during the oblation shall not be rebuked, since such things are wont to happen quite often. And let them bring a different offering, and make an oblation, and complete the holy service.

12 of that in Carthage. When a bishop is accused, if it be difficult for the entire synod to assemble, let at least twelve bishops examine his case; for a presbyter, six; and for a deacon, three. C

TITLE IV. De diaconis

. Canon 1. A deacon who gives the Eucharist to presbyters or to himself, or who receives it before the presbyters, or who sits in the midst of the presbyters, let him be suspended from communion, as acting contrary to canon and order.

7 of that in Trullo. A deacon who holds an office, unless he is bringing the person of his own patriarch or metropolitan, if he arrives in another city for the sake of some business, sitting before presbyters, let him be the last of all. D

Scholium. It must be known that to the chartophylax of the Great Church alone it is granted, both by long custom and by the written command of the Emperor Lord Michael, to sit before the archpriests in outside synods as well.

20 of that in Laodicea. Neither let a deacon sit before a presbyter without being bidden, nor a cleric before a deacon.

10 of that in Ancyra. If a deacon, when being ordained, protested that he was unable to remain continent, and [did] marry, let him remain a deacon; but if he was silent when being ordained, having contracted marriage, let him cease to be a deacon.

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A 13. Of Basil the Great. A deacon who has committed fornication, having been moved to the place of laymen, shall be a partaker of communion.

15. Of the Fourth [Ecumenical Council]. A woman ordained a deaconess, if she gives herself over to marriage, let her be anathema.

14. Of Basil the Great. The same woman, having committed fornication with a pagan and having repented, shall be admitted to the sacraments in the seventh year.

Scholium. In the so-called Constitutions of the Holy Apostles, these things have been prescribed: A deaconess performs none of the things which presbyters or deacons do, except to guard the doors and to serve the presbyters when women are being baptized, for the sake of decency.

16. Of that in Trullo, which rescinds the 15th of the one in Caesarea. He who says that in a city there ought to be only seven deacons, according to what is said in the Acts, let him know that the discourse there is not about those who minister the mysteries, but [about] those who serve the tables.

TITLE V.

Concerning subdeacons and exorcists.

Canon 21 of Laodicea. A subdeacon must not touch the sacred vessels.

22 of the same. Nor wear an orarion.

25 of the same. Nor leave the doors, nor distribute bread, nor bless the cup.

43 of the same. It is not fitting for a subdeacon, even for a short time, to neglect the doors to pray.

Concerning exorcists. He who has not been promoted by a bishop, let him not perform the office of an exorcist, either in the churches or in private houses.

TITLE VI.

Canons related to these.

Canon 58 of Laodicea. In private houses, an offering shall not be made by a bishop or presbyter.

83 of Carthage. And an altar, in which neither the body nor relics of a martyr are laid, shall be torn down; but if the crowds D make a tumult, a sacred rite shall not be performed in it.

Scholium. But the 15th Novel of the emperor, our lord Leo, also ordains that sacred rites and baptisms are to be performed in oratories without hesitation. Therefore, even he who has performed a sacred rite or baptized with an antimension in an oratory not consecrated through the renewals by which sacred places are opened, and through the customary placement into the throne, and through the relics and the depositing of the chest of the saints, but [one] intended for the domestic prayers of the faithful, or in a small house of some vessel dedicated to God and adorned with holy images, shall not be held under prejudice as a transgressor of the canons and acting licentiously.

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A 9. Of Timothy of Alexandria. When an oblation is made, let not heretics be present, unless perhaps they promise to do penance and to flee from heresy.

Of the Patriarch Nicephorus. Antimensia, wherever there is need for them, are to be sent without hindrance, and they are not restricted to this parish or that, but are even transferred across borders, just like the holy chrism. They are called so as being the counterparts and simulacra of the many tables that make up the holy and Lordly table. But strictly speaking, they designate those tables which consecration has not sanctified.

Of the same. If an antimension is washed through ignorance, it does not lose its sanctification, nor does it become profane.

Of the same. If the day of the Annunciation falls on Great Thursday or Great Friday, we do not sin if we partake of wine and fish at that time.

Of the same. It is required to impart Holy Communion to a sick person in danger of death, even after he has tasted food.

Scholium. The blessed John says thus: "To those who have become completely weak, and who still breathe faintly but have lost all sense and are able neither to drink nor eat, the sacraments must not be administered; but through contact and anointing their lips and tongue must be sealed."

52. Of the Council in Trullo. Throughout the whole of Lent, except for Saturday and Sunday and the day of the Annunciation, the Liturgy of the Presanctified shall be celebrated.

Scholium. That things presanctified are not to be anointed by the spoon B or C in the Lordly blood when they are about to be kept, the blessed John instructs more accurately, as is also done in our Great Church.

49. Of Laodicea. Oblations ought to be made in Lent only on Saturday and Sunday.

14. Of the same. Holy oblations must not be sent into another parish.

14. Of Timothy of Alexandria. For him who has laid hands upon himself, let no oblation be made, unless he was truly insane.

16. Of Laodicea. On Saturday, the Gospel shall be read along with other Scriptures.

7. Of the same. In the assemblies, readings shall be interspersed between the psalms. D

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A 17 of the same. Private psalms, and books not included in the canon, are not to be pronounced in the church, but only the books of the Old and New Testament. 24 [al. 27] of Carthage. For outside of the canonical scriptures, nothing should be read in the church under the name of sacred Scriptures. 85 of the apostles. Let the books of the Old and New Testament alone be held in veneration. 46 of Carthage. The passions of the martyrs are to be read on the commemorations of the saints. 51 of Laodicea. Commemorations of martyrs are not to be celebrated in Lent, unless on Saturdays and Sundays; nor likewise marriages, or birthdays. Scholium. Priests who have performed nuptial blessings in that Great Lent are punished; moderately, indeed, if out of simplicity, but more severely if out of perversity and secretly. The marriage, however, remains as one that has received a blessing. Before the feast of the holy Apostles, the Nativity of Christ, the Transfiguration of Christ, and the Dormition of the most holy Theotokos, seven-day fasts necessarily precede. And if anyone fasts for more than those seven days during their feasts, either of his own accord or compelled by a municipal statute, he shall not be shamed. 11 of St. Cyril. It is required that treasures and immovable estates be kept inalienable for the churches. And to those who for the time being govern the priesthood is to be entrusted the care of the expenses that occur.

C

SECTION III. OF CLERGY. TITLE I. Who become clergy, and who do not become such.

Canon 19 of the apostles. He who marries two sisters, or the daughter of his brother or sister, cannot be a cleric. 22 of the same. He who has mutilated himself shall not be a cleric. 23 of the same. And if he is a cleric, let him be separated. 1 of the first [council]. He who has been operated on by physicians out of necessity, and castrated against his will, let him be admitted to the clergy. 61 of the apostles. He who has been convicted of fornication, or adultery, or any crime forbidden to the faithful, let him not become a cleric. 79 of the same. He who is vexed by a demon shall neither become a cleric nor pray with the faithful. But when he has been cleansed, if he is worthy, let him be received.

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82 of the same. A A slave shall not become a cleric against the will of his master.

33 of those in Trullo. Let a cleric be made not by noble birth, but by worthiness.

8 of Caesarea. A layman whose wife has been manifestly convicted of adultery shall not become a cleric; and whoever has already been enrolled as a cleric, if he keeps her who is defiled by adultery, let him be cast out of the ministry entrusted to him.

3 of Saint Cyril. When a cleric is about to be ordained, his life must be examined, whether he has a wife or not, and how and when he contracted marriage, and whether he has abstained, and whether he has been expelled either by a bishop or from a monastery; and so, if found blameless, let him be ordained.

4 of the Fourth. B Let no one be enrolled for the temples of two cities. But if anyone has been moved from one church to another, let him in no way share in the things of the former, or he shall be deprived of his own rank.

15 of the Seventh. Let no one in Constantinople be enrolled in two churches, for this is base greed. Elsewhere, however, this may be done because of a shortage of men.

TITULUS II. What a cleric should do, and what he should not do.

Canon 15 of the apostles, and 4 of the Fourth, and 5 of the one in Antioch.

A cleric who has abandoned his own diocese and resides in another shall remain as a layman, especially if he has not obeyed when summoned by the bishop.

16 of the apostles. And the bishop who, C knowing this, keeps him with him, shall be excommunicated.

18 of those in Trullo. And a cleric who, because of an incursion of barbarians or some other trouble, has become a cleric elsewhere, unless he returns to his own clergy when the evil has ceased, shall be deposed together with the one who keeps him.

9 of those in Sardica. He who does not wish to depart to the church of which he has become a cleric shall not be received henceforth.

20 of the apostles. And if anyone, without the consent of his own bishop, has gone to another clergy and been received, let him be deposed together with the one who received him. D

6 of those in Carthage. For he who has once read in one church shall not be received for the clergy in another.

20 of the apostles. A cleric who provides sureties shall be deposed.

Scholium. If he does this for base greed and in the cases of tax collectors; but if for the sake of necessity, and in the cases of clerics, he deserves praise.

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A The 26th of the same. Readers and chanters alone may contract marriage even after they have been enrolled in the clergy. Scholium. A Justinian novella prescribes that no one be made a reader unless he be 18 years of age. The 42nd of the Apostles, and the 50th of that in Trullo. A cleric who gambles or gets drunk, if he does not desist, let him be excommunicated. Scholium. But the 123rd novella of Justinian, while excommunicating them, also casts them into a monastery. The 54th of the Apostles, and the 40th of that in Carthage. A cleric who eats in a tavern without the necessity of a journey, let him be excommunicated. The 55th of the Apostles. He who insults a bishop, let him be deposed. The 56th of the same. But [if he insults] a presbyter or deacon, let him be excommunicated. The 62nd of the same. He who has denied his station in the clergy out of fear, let him be deposed; but if he does penance, let him be received as a layman. The 3rd of the Fourth [Council]. A cleric or monk managing worldly affairs, unless he be called by law to the guardianship of minors, or the administration of the affairs of orphans and widows has been entrusted to him by the bishop, let him be rebuked. The 11th of the First and Second [Council]. A cleric who takes upon himself worldly offices or cares, or what are called "curatorships," let him be ejected from the clergy. C The 7th of the Fourth [Council]. He who has been enrolled in the clergy or as a monk, if he goes into military service or [accepts] worldly rank, and does not repent, let him be anathema. Scholium. Regarding this, the 123rd novella of Justinian also says: "Let no one, leaving his own station in the clergy, become a layman. For he shall be stripped of the rank or military service he has attained, and he shall be handed over to the curia of his own city." And the 7th and 8th novella of the Lord Leo command that clerics and monks who have changed their habit and become laymen, even against their will, be restored to their former state. The 8th of the same. Those who have been rebellious against their own bishop, if they are clerics, let them be rebuked; if monks or laymen, let them be excommunicated. The 9th of the same. A cleric having a dispute with a cleric, if he runs to a secular court without the judgment of the bishop, let him be punished; but if he has a controversy with his own bishop or another, let him litigate before the synod of the province. But if any bishop or cleric has a dispute with a metropolitan, let the case be adjudicated before the [bishop] of Constantinople.

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A 15 Carthage. A cleric or priest who is summoned to court, if he abandons the church and runs to a public tribunal: if he is accused on criminal charges, he shall lose his rank even if he obtains a favorable verdict; but if on civil matters, he shall lose his claim if he wishes to retain his rank. Likewise, if he is condemned by certain judges and runs to other, higher ones, and obtains a favorable verdict before them, let it not harm those who previously passed sentence, unless by chance they are convicted of having condemned him out of malice or because they were corrupted by bribes. Likewise, it shall not be permitted to appeal for those who have chosen judges by mutual consent, even if they depart having been defeated. Furthermore, let the children of clerics not exhibit worldly spectacles, nor watch them, which is indeed prohibited to all Christians.

B 28 Carthage. Litigating clerics, if they do not abide by the judgment of their own bishop, let them go to neighboring bishops to be judged, with his [the bishop's] consent. But if they do not acquiesce to the judgment of these either, let them have recourse to the primate of the province. To any other if they should resort, let them be deprived of communion.

125 Of the same. Also, clerics who have disputes, if they are complaining about their own bishop and litigate before more distant bishops—instead of before neighboring ones with his consent—let them be removed from communion.

C 59 Of the same. If clerics litigate before the church and the verdict is displeasing to one of them, let the judges not be summoned to another tribunal to bear witness concerning them. And indeed, generally, let no ecclesiastic be summoned to give testimony.

4 Of the fourth synod. If any bishop or cleric has a controversy with a metropolitan, let him litigate before the [bishop] of Constantinople.

22 Carthage. Let a bishop or cleric not admit a heretic to his company, nor bestow anything of his own upon him, not even if he should be a kinsman.

D 32 Carthage. Let a bishop or cleric who formerly had nothing, if he subsequently acquires property, be held guilty of embezzling the Lord’s possessions if he does not consecrate the same to the church. But if he has entered upon inheritances due to him by right of kinship, let him dedicate even these to the church. Whoever, however, has consecrated something of his own, and subsequently regrets it, let him be judged unworthy of ecclesiastical honor.

62 Of the same. Let a cleric condemned by the judgment of the bishops be defended by no one.

79 Of the same. A cleric who has been convicted, if he does not endeavor to clear himself by means of an apology within the space of a year, shall not be admitted to an apology.

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[16 habitæ in Trullo.] A Bishop or cleric adorning himself with splendid garments or anointing himself with perfumes, if he does not desist, shall be deposed.

[35 Carthaginensis.] Bishop or cleric who emancipates his own children before the stability of their character or age, is a participant in the offenses committed by them.

[14 quartæ.] Psalmist or reader shall not take a wife of another sect; but if he has already married one, let him bring the children to communion, even if they were baptized by heretics.

[18 ejusdem, et 34 habitæ in Trullo.] B Clerics or monks forming conspiracies, or factional, or contriving anything against a bishop or fellow-cleric, shall be utterly cast out of their rank.

[22 quartæ.] Clerics who plunder the belongings of a deceased bishop shall be cast out of their ranks.

[23 ejusdem.] Clerics or monks who dwell in Constantinople against the will of their own bishop shall be driven out even against their will, as disturbers of ecclesiastical order.

[5 habitæ in Trullo.] A cleric, other than those persons who are not under suspicion, who keeps a woman or a maidservant, shall be deposed. C Similarly also a eunuch who is a cleric shall be deposed; but if he is a layman, let him be excommunicated.

[9 ejusdem.] A cleric who keeps a tavern shall either desist or be deposed.

[Scholium.] Patriarch Lucas also forbade, by decree, the management of perfumery shops or baths by clerics, as being occasions for shameful gain and falsehood. He also prevents deacons from practicing medicine, and subjects to excommunication those clerics who engage in worldly and public affairs. Likewise, Patriarch Michael of Anchialus commands by decree that clerics should not accept secular offices, or the duties of tax collectors or curators.

[10 primæ ac secundæ.] D Those who plunder for their own gain any of the sacred vessels or vestments stored in the sanctuary, or who avert them to profane use, shall be utterly deposed. But those who allow themselves or another to use for profane purposes any vessel or vestment that is kept outside the sanctuary, shall be excommunicated; and those who plunder them entirely shall be condemned as sacrilegious.

[25 apostolorum.] A priest or cleric caught in fornication, or perjury, or theft, shall be deposed, but not excommunicated. For it is written: Thou shalt not demand vengeance twice for the same offense.

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A 41 Laodicenæ. A priest or cleric shall not travel without the bishop's order. 24 of the same. A priest or one enrolled in the clergy shall not enter a tavern at all. 36 of the same. A priest or cleric who is a magician, or an enchanter, or a mathematician, or an astrologer, or who makes amulets, shall be cast out of the Church. 20 of the same. Neither shall a deacon be seated before a priest without being ordered, nor a cleric before a deacon. 24 of the first and second, and 54 of Laodicea. B A cleric or monk who is present at games in the hippodrome or theatrical performances, or even if invited to a wedding, does not leave before those games begin, let him either desist or be deposed. 27 held in Trullo. A cleric who puts on clothing unbecoming to him, even if he be on a journey, shall be excommunicated for one week. 33 of the same. Divine oracles shall not be read on the ambo by one who is not tonsured, and who has not received a blessing. And whoever does anything contrary to this shall be excommunicated. 14 of the seventh. Whoever has not received the laying on of hands, even if he be a monk, shall not read the sacred books on the ambo. A superior may, however, lay hands on lectors in his own monastery, if he is in priestly orders and has received the laying on of hands from a bishop; and likewise a chorepiscopus, by permission of the bishop. 16 Carthaginian. C A lector who has reached puberty shall either marry or profess continence; and the lectors shall not bow down to the people, that is to say, after the reading. 5 held in Trullo. Let those who sing, sing with great attention and contrition, not using disorderly and inappropriate cries. 15 Laodicenæ. And apart from the regular cantors, who sing from the codex on the ambo, no one shall sing in the church.

Scholium

That is, those who are according to the rule. He calls the books [i]diptherai[/i] (parchments), because they are membranes; for skins are [i]diptherai[/i]. 23 of the same. A lector or cantor shall not wear an orarion. 5 Carthaginian. A cleric shall not receive usury; for what is deserving of reproach in laymen, is much more so in clerics. 21 of the same. Children of clerics shall not be joined in marriage with pagans or heretics. D

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A 38 of Carthage. Continent clerics shall not enter unto widows or virgins except by permission of the bishop or presbyters; and thus not alone, but together with fellow-clerics or honorable Christians.

6 of Basil the Great. Fornication of those in orders is not to be deemed marriage, but their union is to be broken up by every means.

32 of the same. A cleric who has committed a sin unto death, being cast down from his rank, shall be placed among the laity.

Scholium. Sin unto death is a sin of the soul that has proceeded into action; whereas that which progresses only to the will and to consent is not unto death.

51 of the same. Clerics who fall away lose their ranks.

69 of the same. A lector who has intercourse with his betrothed before marriage, if received back to reading after a year, shall conduct himself without offense. But one who contracts a clandestine marriage without betrothal shall cease from his ministry.

11 of the fourth [Council]. Let the poor travel with pacific ecclesiastical letters, not with commendatory ones; for the latter are provided to those who have come under some suspicion.

B Scholium. Pacific letters are those which are given by bishops to clerics who, because of poverty, desire to depart to another city and be enrolled in the clergy there. Or also those which are given to bishops by archbishops when they depart to the emperor as necessity requires. Commendatory letters, however, are those given to those subject to a penalty for their purgation, and through which they are commended to another bishop for communion.

TITLE III.

Canons common to clerics and laics.

Canon 51 of the Apostles. Any cleric or layman who abstains from marriage, and meat, and wine, not for the sake of exercise, but out of abomination, shall either be corrected or deposed.

63 of the same. Whoever tastes of anything strangled, or torn by beasts, or of that which has died of itself, if he be a cleric, shall be deposed; but if a layman, let him be excommunicated.

54 of Basil the Great. Those who go out to attack robbers, if laymen, are barred from communion; but if clerics, they are deposed.

66 of the Apostles. A murderer, if a cleric, shall be deposed; but if a layman, let him be excommunicated.

66 of the same. Likewise also he who fasts on the Lord’s day or the Sabbath, except for one [case].

Scholium. Unless perhaps for the sake of one's own exercise, for eight days or

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if someone, while fasting for ten days, is compelled to include both the Sabbath and the Lord's Day.

69 of the same. And he who does not fast on the fourth day, and on Preparation Day (Friday), and during the holy Quadragesima (Lent), except in cases of infirmity.

70 of the same. Furthermore, he who judaizes.

15 of Peter of Alexandria. For on the fourth day and on Preparation Day one must fast: the former, on account of the council against Christ regarding the betrayal; the latter, on account of the saving passion. The Lord's Day, however, must be celebrated joyfully, on account of the Lord's Resurrection.

84 of the Apostles. He who, contrary to what is right, treats an emperor or a governor with contumely, if he be a cleric, let him be deposed; if a layman, let him be excommunicated.

Scholium. It is forbidden to treat an emperor with contumely, but not to reprove him. B However, Title 21 of the 60 books of the Basilika, in chapter 13, says thus: If someone speaks ill of the emperor, he is not liable to punishment, but these things must be reported to the emperor concerning him. For if he spoke out of levity, he is to be despised; if out of madness, he is worthy of pity; if because he suffered an injustice, he is to be forgiven.

27 of the Fourth [Council], and the 92nd of that in Trullo. Those who abduct women for the sake of marriage, or assist in this, if they be clerics, let them fall from their rank; if laymen, let them be subject to anathema.

4 of that in Trullo. He who has had intercourse with a bride of Christ, if he be a cleric, let him be deposed; if a layman, let him be excommunicated.

11 of the same. He who eats unleavened bread received from the Jews, or becomes their associate, or accepts medicines from them, or bathes with them in a bath, if he be a cleric, let him be deposed; if a layman, let him be C excommunicated.

51 of the same. Likewise also he who gives himself over to mimes and theaters, and to the spectacles of the games, and to dancing on the stage.

Scholium. In the greatest of cities, beasts were kept—lions and bears—and at certain times they were led into the theater. And sometimes they fought with bulls, and sometimes with men—perhaps captives, or those condemned—and these things were for the pleasure of the spectators. This, therefore, the canon forbids, not hunting, which is done with dogs or otherwise.

56 of the same. Furthermore, he who eats cheese and eggs on the Sabbaths of Quadragesima, just as the Armenians do.

50 of the same. He who gambles, if he be a cleric, let him be deposed; if a layman, let him be excommunicated.

62 of the same. The Kalends, and the Vota, and the Brumalia, and the celebration which D

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A is held on the first day of May, let them be taken away from the commonwealth of the faithful. Moreover, the dances of women, and comic, satiric, and tragic masks, and the invocation of Bacchus at the wine-presses, and the laughter in the vats when the new wine is poured in—whosoever persists in these things, if a cleric, let him be deposed; if a layman, let him be excommunicated. 65 of the same. Those who kindle bonfires before their shops during the new moons and leap over them, if clerics, let them be deposed; if laymen, let them be excommunicated. 67 of the same. He who eats the blood of an animal in any way whatsoever, if a cleric, let him be deposed; if a layman, let him be excommunicated. 77 of the same. And he who bathes with women. 79 of the same. Those who, after the feast of the Nativity of Christ, bake fine flour and give it to one another as a gift for those who have recently given birth, if clerics, let them be deposed; if laymen, let them be excommunicated. 80 of the same. He who is absent from church for three consecutive Sundays without most grave necessity, if a cleric, let him be deposed; if a layman, let him be excommunicated. 86 of the same. Likewise also he who engages in pimping, to the ruin of souls. 88 of the same. And he who brings a beast of burden into a temple, without some necessity upon the road. 97 of the same. He who cohabits with a woman, let him not even dwell in the catechumena of the temple. Whosoever transgresses this, if a cleric, let him be deposed; if a layman, let him be excommunicated. 13 of the seventh. Those who turn monasteries into worldly inns and do not restore them, if clerics, let them be deposed; if laymen, let them be excommunicated. 18 of the first and second. He who casts himself or another by his own hand, or by command, without the necessity of disease, if a cleric, let him be deposed; if a layman, let him be excommunicated. 27 of that in Laodicea. B A cleric or layman invited to the banquets which are called agapae shall not take a portion; for he brings injury to the order. Let not clerics or laymen have banquets from contributions.

TITULUS IV. Who are not to be admitted to the accusation of clerics.

Canon 128 of Carthage. An excommunicated person shall not be admitted to the accusation of clerics. 129 of the same. Nor a slave, nor a freedman, nor one under suspicion, nor an actor (mimus), nor a pagan, nor a heretic, nor a Jew. 130 of the same. Nor he who has accused them of various causes, if he be proven to have lied in one of them.

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TITLE V. Related Canons. Canon 8 of the first.

A Those called Cathari, or "the pure," if they approach and profess that they will communicate with those who have contracted second marriages, and grant forgiveness to the lapsed, and consent to all the other dogmas of the Church, let each remain in the rank and dignity of his priesthood, unless they happen to be in a city where there is already a clergy and a bishop. For there, he who is truly the bishop shall possess his office; the bishop of the Cathari, however, shall be in the position of a presbyter, unless it seems good to the bishop that he should hold the honor of the name, or be made a chorepiscopus by him, so that there may not be two bishops in one city.

B 68 Carthaginensis. Those ordained by the Donatists, if they convert, shall be admitted to their own honors.

69 ejusdem. Let the Donatists who convert retain their own bishops. And as many of the Donatist bishops as bring the peoples under them, let them be their bishops.

117 ejusdem. Let the Donatists who convert be referred to that throne to which the general Church of that place was formerly subject.

Section IV. On monks and monasteries. Title I. When and how a future monk is to be admitted.

Canon 40 habitæ in Trullo. Whoever is ten years of age may become a monk, if it seems so to the bishop of the region at that time.

SCHOLIUM. The eighteenth canon of the Great Basil says that she who offers herself to the Lord and renounces the world ought to be over sixteen or even seventeen years of age. But the present canon reduces that time, because it sees the Church strengthened by Divine grace, and progressing and advancing further. Search in the C title concerning women, chapter 12.

5 primæ ac secundæ. Let no one be deemed worthy of the monastic habit before he has been tested for three years and appears worthy, unless perhaps some grave illness should shorten this span of time, or he be a religious man living in the world after the manner of monks. For in this case, even a period of six months is sufficient. If anything is done otherwise, let the superior lose his position, and let the one who has been tonsured be handed over to another monastery.

6 ejusdem. Whoever wishes to become a monk must first make a testament concerning his own goods. For after he has become a monk, the ownership of all his property shall pass to the monastery. But if any monk is caught having kept back any of his own property, D

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he shall himself be fittingly rebuked, and that property, having been sold by the superior or the bishop, shall be distributed to the poor and needy. A

*Scholium.* But the 133d Novel, which is placed in the Book of Basilika, title I, also gives him the power of making a will after he has become a monk; and it wills that if he dies intestate, his legitimate children shall succeed him.

Canon 43 of the Council in Trullo. Let it be permitted to any who wishes, and especially to one who has sinned, to flee the tempest of life and to live a solitary life in a monastery.

Canon 108 of the Council of Carthage. And let each one freely undertake the ascetic life.

Canon 4 of the same. Let no slave be admitted into a monastery without the consent of his master. Anyone who acts otherwise shall be excluded from communion.

Canon 2 of the First and Second [Council]. If anyone is caught making someone a monk when the person who is to receive him into obedience is not present, the former shall be deposed, and the latter, having been shorn, shall be handed over to a monastery under obedience by the bishop.

Canon 19 of Basil the Great. He who renounces [the world] shall be questioned regarding celibacy; and if he makes a promise and then violates it, he shall be punished as a fornicator.

Canon 26 of the Council of Carthage. He who through coercion, and even before the age of twenty-five years, has invested or shall invest a virgin with the monastic habit, is blameless. B

Canon 25 of the Council in Trullo. Let not parents bring those who are to be monks into the monastery in splendid clothing. For this stirs up a remembrance of the fleeting world in them.

TITLE II.

What monks must do, and what they must not do.

Canon 4 of the Fourth Council. Monks shall be subject to the bishop and shall remain in tranquility; they shall not trouble themselves with either ecclesiastical or worldly affairs, unless perhaps by necessity the bishop permits it. For he who acts otherwise shall be excluded from communion. C

Canon 16 of the same. Monks or nuns, if they marry, shall be excluded from communion.

Canon 44 of the Council in Trullo. A monk who has committed fornication, or who takes a wife, shall be considered as a fornicator.

Canon 6 of Basil the Great. The fornication of monastics shall not be considered a marriage; but their union must be broken by every means. D

Canon 46 of the Council in Trullo. Nuns shall not go out of their monastery, unless some necessity compels them; and then, by the decision of the abbess, and not without elderly women. Otherwise, no one

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shall go out. Monks also shall depart with the blessing of the superior. Those who act otherwise shall be punished.

A 47 of the same, and 20 of the Seventh. A monk sleeping in a women’s dwelling, or a nun in a men’s, or even a cleric or a layman, shall be excommunicated.

8 of the Seventh. Neither shall women reside in bishops’ houses or in monasteries. And if any bishop or abbot uses a maidservant or a free woman for his ministry, he shall be rebuked; and if he persists in his opinion, he shall be deposed. But when a bishop or abbot stays at an inn on a journey, the women shall withdraw when he is present.

B 21 of the Seventh, 18 of the Carthaginian, and 14 of the in Trullo. Clerics or monks forming conspiracies, or acting as factionaries, or plotting anything against their bishop or a fellow-cleric, shall fall completely from their degree.

23 of the same [al. 4th]. Clerics or monks who, contrary to the judgment of their own bishop, reside in Constantinople, shall be driven out even against their will, as disturbers of the ecclesiastical order.

24 of the First and Second, and 54 of the Laodicean. A cleric or monk who is present at spectacles of the hippodrome or theatrical games, or even if he is invited to a wedding, does not depart before those games begin, he shall either cease or be deposed.

C 4 of the Seventh. He who has not received the imposition of hands, even if he be a monk, shall not read the sacred books on the ambon. But let the abbot also impose hands on readers in his own monastery, if he holds the degree of priesthood and has received the imposition of hands from a bishop; and likewise the chorepiscopus, by permission of the bishop.

21 of the same. A monk who deserts his own monastery and goes away to another shall indeed be given hospitality, but he shall not be received without the judgment of his superior.

74 [al. 104] of the Carthaginian. If any monk runs away from his own monastery and falls over into another monastery, or rushes into a secular lodging as if to revel, he shall be excommunicated together with the one who received him, until he returns to his own monastery. But he who is established anywhere by a bishop is free from blame. D 1 of the Patriarch Nicholas. Monks may enter into the sanctuary because of their habit, for the sake of lighting tapers and lamps. But they shall not read from the ambon without the imposition of hands.

14 of the Patriarch Nicephorus. It is proper for nuns to enter into the holy sanctuary, and to light tapers and lamps, and to adorn the temple. In case of danger, even a simple monk baptizes.

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Likewise a deacon, and even a layman, if he is found in a place where there is no priest. A

Of Patriarch Nicholas. A monk who is restrained by his superior on account of manifest danger to his soul shall not leave the monastery without his consent.

Of the First and Second [Council], Canon 3. An abbot who does not diligently seek out monks subject to him who are fleeing, or who does not receive them back when found and heal them appropriately, shall be excommunicated.

Of the Council of Carthage, Canon 80. Whoever receives a monk from another monastery, and appoints him either as a cleric or as an abbot in his own monastery, shall be deprived of communion, with the act being rescinded.

Of the Council in Trullo, Canon 28. A bishop who alienates certain fertile lands of his bishopric, especially to magistrates, shall be expelled, and what was done shall be void. The same applies to abbots.

Of the Council in Trullo, Canon 41. One who is to be secluded, after having spent three years previously in a monastery under obedience, and having endured one year outside the cloister, shall then, at the judgment B of the overseer of that region, be secluded; and he shall not go out from there, unless death compels or for the public good, and then [only] by the judgment of the primate.

Of the Council in Trullo, Canon 22. So-called hermits living in the city, if they are not shorn in the manner of monks and living in a monastery, shall be driven from the city.

Of the same [Council], Canon 48. The woman who by mutual consent is separated from one who has accepted the episcopacy shall, after his ordination, become a nun, and live far from the bishop’s residence, though she shall enjoy his care and providence.

Of the Seventh [Ecumenical Council], Canon 22. Laymen may indeed eat with women with thanksgiving and without childish games, but monks or priests shall not eat with women, even with their own kinswomen, C except perhaps when God-fearing and devout men and women are present.

Scholium. The discussion of the Chartophylax of the Great Church, Lord Peter: It is impossible, he says, for a monk to receive children from holy baptism, or to hold wedding crowns, or to create formal fraternities.

TITLE III

Concerning Monasteries.

Of the 4th Council [Chalcedon], Canon 4. Let no one anywhere build a church without the consent of the bishop.

Of the 4th Council [Chalcedon], Canon 26. An administrator (oeconomus) from the clergy shall be appointed for every church. A bishop who neglects to do this shall be punished. But if a metropolitan does not appoint an administrator in his own church, D the patriarch shall do so. Likewise, if he does not...

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should the bishop do so, let the metropolitan do so. The same follows likewise regarding monasteries.

4 24th of the 4th [Ecumenical Council], and 69th of the Council in Trullo. Monasteries consecrated by the judgment of the bishop shall remain forever immovable as monasteries, and the things pertaining to them shall be preserved, and they shall not be converted into secular lodgings. He who acts otherwise shall be censured.

A 17th of the 7th [Ecumenical Council]. Whoever wishes to found a monastery, if he does not have the means for its completion, shall be forbidden by the bishop.

19th of the same. He who, for the sake of gold, admits those approaching the priestly or monastic life—whether he be a bishop, or abbot, or anyone of the priestly order—if he does not desist, shall be deposed; but an abbess shall be expelled and handed over to another monastery for obedience. Similarly also an abbot, if he be not a priest. But those things which are dedicated B to monasteries by those who join them shall belong to the monasteries, whether or not those who dedicated them remain in them, unless the fault lies with the superior.

20th of the 7th [Ecumenical Council]. Double monasteries shall not be established, nor shall monks and nuns dwell together, nor converse privately, nor shall a monk sleep in a nunnery, nor eat alone with a nun; but if he brings anything to her at any time, he shall deliver it while remaining outside. Likewise, he may see his own kinswoman in the presence of the superior, and converse with her briefly.

SECTION V. OF THE LAITY. TITLE I. Of those who are illuminated through baptism, and who are to be illuminated.

Canon 7th of the 2nd [Ecumenical Council], and 7th of the Council of Laodicea. Arians, Macedonians, Sabbatians, Novatians, Quartodecimans, Tetradites, and Apollinarists C coming to the Orthodox shall be anointed only with the holy myron, having first anathematized their heresies in writing; but those of the remaining heresies shall be received as Gentiles, and after being catechized, baptized.

Scholium. Children of the Agarenes [Muslims] who are baptized by Orthodox priests against their will—not with a pious intention on the part of those bringing them, but using [the rite] as if for sorcery or a charm—if they should truly come to the faith, are to be rebaptized. For this was so decreed synodically, as Balsamon says.

19th of the 1st [Ecumenical Council]. Let the Paulianists be rebaptized, and if they are blameless, let them be ordained again, even if they have been ordained previously; but if they are unworthy, let them be deposed.

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A

8 Laodicene

Those who turn from the heresy of the Phrygians shall be rebaptized, even if they have been clergy among them.

1 of Basil the Great

The baptism of heretics is inadmissible, though the baptism of those who have broken away and have their own separate conventicles may be admitted.

47 of the same

The Novatians, if it shall seem good in the judgment of many bishops, shall be rebaptized.

8 of the Seventh [Ecumenical Council]

Hebrews shall not be received unless they appear to be converting from a sincere faith.

45 Laodicene

Those who have been instructed in the catechism after two weeks of Lent should not be admitted to baptism on Holy Saturday (1).

8 held in Trullo

Let the person who is being illuminated by baptism learn the faith.

45 Laodicene

And let him recite it on the Thursday of the Great Week.

48 of the same

Let those who are illuminated be anointed after baptism with the heavenly chrism.

47 of the same

Those who are baptized in illness, if they recover, shall learn the faith.

85 held in Trullo, and 7 of Carthage

B Infants who have neither knowledge nor testimony of having received baptism shall be baptized.

Of Patriarch Nicephorus

If unbaptized infants are found, and no priest is present, whoever is there shall baptize them. And if even their own father, or any Christian man whatsoever, baptizes them, there is no sin in it.

Scholium

An infant who is ill is allowed to be baptized immediately; a healthy one, after the fortieth day from its birth. Blessed John says this: If a priest, fearing that a child held by illness and already near to death might be taken away, finishes [the baptism] merely by the triple immersion, there is no need for him subsequently to supply the prayers which he omitted, or the exorcisms.

45 of Carthage

C He who, by reason of infirmity, cannot answer for himself, shall be baptized then, when he has shown his intent in this regard.

1 of Timothy of Alexandria

If a catechumen receives [communion] in ignorance, let him be illuminated by baptism; for he has been called by God.

2 of the same

A catechumen who is vexed by a demon shall not be baptized unless he is cleansed of the demon, unless he is departing from this life.

4 of the same

Let a catechumen who has lost his mind from infirmity be baptized, unless he is vexed by a demon. D

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TITULUS II. What laics must do, and what they must not do.

A Canon 9 of the Apostles. Let him who does not remain for the prayer and the reception [of the mysteries] be excommunicated. 10 of the same. Likewise, let him who prays with one who is excommunicated [be excommunicated]. 24 of the same. Let a laic who has mutilated himself be excommunicated for three years. 48 of the same. Let a laic who, having cast off his own wife, takes another, or one who has been put away, be excommunicated. 71 of the same. Let him who offers oil in a temple of the pagans or a synagogue of the Jews be excommunicated. 72 of the same. Likewise, also he who steals wax or oil from the church. 73 of the same. And he who misuses the sacred vessels for his own use. 58 of those in Trullo. If a laic, in the presence of a presbyter or deacon, distributes the holy mysteries to himself, let him be excommunicated for one week. 64 of those in Trullo. Let a laic who teaches publicly about the faith be excommunicated for forty days. 68 of the same. Let him who destroys sacred books in any way, or cuts them up, be excommunicated for a year. 69 of the same. Except for the emperor, let no one enter the sanctuary. 71 of the same. Let him who conducts civil B business, if he uses pagan customs in his clothing and in all other things, be excommunicated. 72 of the same, and 10 of Laodicea. Let a believer who is joined to a woman of a different sect be separated; if he persists in his opinion, let him be excommunicated. But in the case of unbelieving spouses, if one of them has embraced the faith, and it pleases the unbeliever to live with the believer, let them not be separated, in accordance with the voice of Paul.

C Scholium. Under Patriarch Theodosius, a certain imperial trumpeter was baptized, and by patriarchal letter was separated from his wife, who would not obey her husband’s many entreaties to choose the things pertaining to piety, which is contrary to this canon. 31 of Carthage. Let not believers give their children in marriage to heretics; let them give them, however, if they promise that they will become Christians. 73 of those in Trullo. Let a cross made on the ground be abolished, and let him who carves it on the ground be excommunicated. D

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A 82 of the same. An lamb is not to be carved as a figure of Christ, as is found in ancient images, but Christ Himself according to His human form. 85 of the same. Let a slave be emancipated before three witnesses. 100 of the same. Whoever paints shameful pictures, whether on a panel or in any other way, let him be excommunicated. 101 of the same. Whoever is about to receive the immaculate body of the Lord, if he does not extend his hands and, forming them in the shape of a cross, receive it in them, but rather in some receptacle, let him be excommunicated along with the one who gives it. Scholium. Since some were indeed afraid to receive the offering with their hands, they fashioned golden or silver vessels and received it through these. This [canon] therefore abolishes this practice, because it says that man is the most precious of all things.

2 of Antioch. Whoever enters a church and hears the sacred Scriptures, but does not join with the people in prayer or partake of the communion, let him be rejected until he has shown repentance and begged to obtain forgiveness; and he who communicates with an excommunicated person, let him be excommunicated.

74 of those in Trullo, and 28 of Laodicea. It is not permitted to feast or to spread couches in houses of the Lord. And he who does this, let him either desist or be excommunicated. B Scholium. By 'couches' it means large spreads, after the Latin manner.

42 of Carthage. Likewise, in houses of the Lord, except in cases of urgent necessity while traveling, let no one celebrate banquets.

76 of those in Trullo. It is not permitted to keep a tavern or to offer various kinds of food or to conduct other sales in the precincts of a temple. And he who transgresses this, let him be excommunicated.

94 of the same. Whoever swears pagan oaths, let him be excommunicated.

96 of the same. Whoever arranges their hair to the corruption of those who look upon them, let them be excommunicated.

D Of [the Synod] held at St. Sophia. Let a layman who has imprisoned or beaten a bishop, whether without cause or for a trumped-up cause, be anathema.

9 of Laodicea. Whoever goes to the cemeteries or martyria of heretics for the sake of prayer or healing, let him be excluded from communion. But if he has done penance, let him be received.

37 of the same. One must not celebrate festivals with Jews or heretics.

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A 38 of the same. Nor are unleavened breads from them to be received. 33 of the same. No one shall pray with a heretic or a schismatic. 39 of the same. Nor are festivals to be celebrated with pagans. 55 of the same. A believer must not dance or jump at marriages. 30 of Carthage. Let a plaintiff or a defendant, if he fears violence, choose another place where the case may be heard. 48 of the same. He who does not obey the Church shall be punished by the authority of the leaders. 7 of the same. Pagans’ drinking-bouts shall cease, which indeed even in the memorials of the martyrs are shamelessly held, and which prevent honest women from assembling in the church. 61 of the same. Likewise concerning spectacles and games held on Sundays and feast days, especially those in the octave of Holy Easter. 66 of those in Trullo. For throughout the entire week after the Resurrection, every believer shall attend church. 63 of Carthage. A stage-player who has passed to a serious life shall not be dragged back by anyone to his former life. 66 of the same. Let those who are judged by heretical judges not appeal. 102 of the same. Marriages that are being divided, B if they are not reconciled, shall remain so; but if not, let them be compelled to penance. Scholium. Those who have departed from their own wives for any reason whatsoever, so that they do not return, are indeed themselves excommunicated; but their wives must wait, unless five years have passed and it is uncertain whether they are alive: the same applies regarding captives. 131 of the same. He who brings forward witnesses shall not produce them from his own house, nor before their fourteenth year. 3 of Saint Dionysius of Alexandria. Those who are married shall abstain from one another by mutual consent, that they may devote themselves to prayer. 5 of Timothy of Alexandria. And those who have engaged in marital relations shall not receive the mysteries on that day. 4 of Dionysius of Alexandria. Let those who have experienced a nocturnal emission involuntarily follow their own conscience, and let them observe whether it happened from some passion or from excess of food, or whether the emission happened to them spontaneously, D and thus let them approach God.

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A

Scholium Joannes the Faster says thus: He who is defiled in sleep by the passion of emission is excluded from communion for one day, having chanted the fiftieth Psalm and performed forty-nine penances. But he who has committed the vice of self-abuse is punished for forty days, living on dry food, and performing one hundred penances each day. Likewise, a woman who has merely come into the embrace of a man receives the penalty for self-abuse. But he who is defiled while the body is awake is excluded from communion for seven days, chanting the fiftieth Psalm daily and performing forty-nine penances.

6 Timotheus of Alexandria. A layman deceived in a dream: if it is from desire, let him not communicate; but if it is from the temptation of a demon, let him communicate, lest we provide opportunity to him.

4 Dionysius of Alexandria. Married couples should abstain from intercourse with one another on Saturday and Sunday, for on these days the spiritual sacrifice is offered to God.

16 Of the same. He who, while washing or rinsing his mouth, has swallowed water, may communicate if he wishes, lest we provide opportunity to the tempter.

2 Of Patriarch Nicolaus. He who is strictly possessed by a demon shall not receive the sacraments; but if he is troubled by black bile, he shall receive them.

3 Timotheus of Alexandria. And a faithful person who is possessed, if he does not blurt out the mystery or otherwise blaspheme, let him communicate, yet not daily; for it is sufficient for him to communicate on the Lord’s day only.

6 Of Patriarch Nicolaus. He who is excluded from the holy gift should not eat the offerings exalted on high; for thus it is found written in the Life of Saint Theodore of Sykeon.

17 Timotheus of Alexandria. He who hears the words of God and does not do them, yet reproaches himself for this, has a share of salvation.

28 Of Basil the Great. He who has promised to abstain from swine’s flesh is ridiculous. For no creature of God is to be rejected, which is received with thanksgiving.

30 Of the same. A magistrate who swears to the ruin of his subjects let him first be taught not to swear rashly; D and let the oath be rendered void and resolved through penance.

A Christian who denies Christ by his deeds receives no benefit from the designation.

TITULUS III. Penalties for Crimes.

[Canon 25 of Caesarea.] A catechumen who sins, if he is among the kneelers, let him become an auditor, if he sins no more; but if he is an auditor, let him be expelled.

Scholium There were two orders of catechumens: one of those who knelt, which was the more perfect; the other, that of the auditors, which was the less perfect. He means, therefore, that if those who knelt...

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should sin, having ceased from sinning, let them be placed in the order of the auditors; but if those who were auditors should sin, let them stand outside the church; for the auditors also stood outside the church until the reading of the holy Gospel.

A 11 of the Council of Laodicea. He who has sinned differently, if he truly repents, let him be received.

9 of the Council of Ancyra. He who has promised virginity and has broken his vow, let him be reckoned as a digamist.

60 of the Council in Trullo. He who pretends to be vexed by a demon, let him be subjected to the same penances as those truly vexed by a demon.

61 of the same, and 2 of Basil the Great. Those who have given themselves over to diviners, or to those who are called centuriones, as if they were to learn something secret from them, let them be subjected to a six-year penance, or let them be punished with the penalty of a murderer. Likewise also those who lead bears about, and those who have fortune, and fate, and genealogy in their mouths, and those who are called Nephodioctae, and Gyteutae, and amulet-sellers, and diviners. But if they persevere, let them be cast out of the Church.

24 of the Council of Ancyra, and 83 of Basil the Great. And he who divines, and brings someone into his house for the sake of removing sorceries or for purification, let him be under penance for five or six years until he attains the perfect state.

2 of Nyssen. He who goes to sorcerers and diviners for the denial of the faith, as if not believing that He who is worshipped by us is God, let him be deprived of communion for his whole life.

53 of the Council in Trullo. He who dares to take as a wife the mother of him whom he has lifted from the holy baptism, being a widow, the marriage being dissolved, let him be subjected to the penalty of the fornicator. For greater is the spiritual relationship than that which is according to the flesh.

54 of the Council in Trullo. A cousin-german shall not be joined by marriage to a cousin-german; nor shall a father and son marry a mother and daughter, or two sisters; nor shall two brothers take a mother and daughter, or two sisters. Those who act otherwise, let them be under penance for seven years, the marriage being dissolved.

96 of the same. He who takes a woman betrothed to another while that other is living, commits adultery.

25 of the Council of Ancyra. If any man, having been betrothed to a young woman, has first had relations with her sister, and makes her pregnant, and then marries the one betrothed to him, and that other woman who was ruined ends her life by hanging, those who are privy to the matter shall attain the perfect state after ten years.

74 of the Council of Caesarea. He who has lusted after a woman, and has not proceeded to the act, has been preserved by God.

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A 22 of Basil the Great. He who has abducted a woman shall not be accepted until he has returned her; if she is betrothed, to her betrothed; if she is not betrothed, to her parents. And even then, if it seems good to the parents for the union to be established, he shall be penalized for three years as fornicator.

Scholium. The civil law, punishing severely him who has abducted a woman, does not even permit the abducted one to be joined to him in marriage, even if her relatives wish it.

23 of the same. He who has taken his own brother’s wife shall not be accepted before he has departed from her.

25 of the same. He who has the woman he defiled is permitted to have her, but not without penalty.

26 of the same. B Those who are joined through fornication, it would be best for them to separate; but if they wish to live together, let it be permitted provided they are penalized.

30 of the same. The abductor, along with those who assist in the abduction, shall be subject to three years’ [penance]. But that which is done without force is free of blame.

37 of the same. He who has taken an alien spouse and dismissed her, and then married another, upon the first shall be accused of adultery; but upon the second, he merits no blame.

42 of the same. Marriages contracted without the consent of those who hold them in power are fornications. Therefore, neither while a father is alive, nor a master, are those who come together thus free of blame.

18 of Peter of Alexandria. He who has a wife possessed by a demon, if he takes another, commits adultery.

Scholium. The Novella of the Emperor Lord Leo, however, permits the husband of a possessed woman to dissolve the marriage. And the marriage being dissolved, it is entirely lawful for him to take another.

4 of the Council of Laodicea. A digamist who has not contracted nuptials secretly, after he has occupied himself for a small time with fasts and prayers, let him receive pardon.

4 of Basil the Great. A digamist is separated for one year, or even two; a trigamist for three and four, or even five, according to custom.

Scholium. That Tome which is called of the Union says these things concerning third marriages: Those who are forty years old and contract third marriages, as being pollutions of the Church, let them be excommunicate C for five years. And when this time has passed, let them approach communion once a year, on the day of the venerable saving Pascha, purifying themselves as much as is possible in the fast preceding it. We say these things when no children are present to them from their former marriages. If, however, there are, third marriage shall not be permitted to them. But if someone who is thirty years old and has from previous marriages descendants of the unions, should be joined to a third wife, at the... D

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A end of three years he shall be excluded from communion; and thereafter he shall communicate three times in the year: namely, on the day of the Paschal Resurrection, on the Dormition of the Theotokos, and on the festival of the Lord’s Nativity, since it is believed that the fasts preceding these days wash away the greater part of this stain. But if he be childless, he obtains pardon, as one who has chosen a third marriage for the sake of procreating children; and he shall be healed by the accustomed penance, being debarred from communion for three years.

80. Of the same

Third marriage is against the laws and is a defilement of the Church. It is not, however, to be censured, since it is more desirable than loose fornication.

80. Of the same

Those who contract multiple marriages are like beasts. Nevertheless, let them lament for one year, and when they have spent three years as prostrate ones, let them be received.

3. Of the [Council] of Caesarea

The time for those of multiple marriages is defined; but their conduct and faith shorten the time.

9. Of Basil the Great

According to the word of the Lord, both the husband and the wife are separated equally by fornication. However, custom does not separate from the wife the husband who is fornicating and committing adultery. Therefore, the person deserted for some fault is worthy of pardon; and she who resides with him is not condemned as an adulteress. But she who has abandoned him is an adulteress if she has gone to another man. And the man who has left his wife and gone to another is an adulterer; for he causes B her to be involved in adultery, and she who resides with him is an adulteress.

25. Of Basil the Great

A wife will take back her own husband who has fornicator; but the husband shall dismiss his wife who has been defiled. For he who is a fornicator—not an adulterer—is one who, while having a wife, sins with a free woman.

20. Of the [Council] of Ancyra

Let the adulterer and the adulteress be dealt with for seven years before they reach the full [communion].

58. Of Basil the Great

He who has committed adultery [shall do penance] for fifteen years: four years indeed as a mourner, five as a hearer, four as a prostrate one, and one as a co-stander.

Scholia

1. That is, standing outside the church and begging those entering to pray for him. 2. That is, standing outside in the narthex. 3. That is, standing inside the church behind the ambo, and departing with the catechumens. 4. That is, praying with the faithful, not yet deemed worthy of the holy things, unless after this.

59. Of the same

A fornicator, for seven years: two years indeed as a mourner, two as a hearer, two as a prostrate one, and one as a co-stander.

Scholium

The Faster C condemns the fornicator to two years, if he only fasts until evening each day, and

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feeds on dry food, and performs 250 prostrations. The adulterer, however, to three years; if he only fasts, and feeds on dry food, and performs 250 prostrations.

A 3. Of Nyssa. Let the fornicator be deemed worthy of communion of the holy things after nine years.

4. Of the same. The adulterer, the one who lies with beasts, and the one who lies with males, [shall be punished] for 18 years.

67. Of Basil the Great. One who has intercourse with his own brother or sister shall confess for the time of a homicide.

68. Of the same. Marriage forbidden due to blood relations, [is punished for] the time of an adulterer.

69. Of the same. Whoever is privy to any of the aforementioned sins, and has not confessed it, if he is convicted, he shall be penalized for the same length of time as that person.

75. Of the same. Whoever has been defiled with his sister, whether from his father or his mother, shall not enter the house of prayer until he has desisted from the lawless act. And then, he shall spend three years as a mourner, three years as a prostrate one, and then, after standing for three years, he shall be deemed worthy of communion.

Scholium. The Faster condemns such a person for three years, with fasting, and the eating of dry food, and 500 prostrations each day. But one who defiles himself with his daughter-in-law, [is condemned for] two years, with 300 prostrations. Similarly [he is condemned] for the same with his mother-in-law. But as things stand now, the synod condemns such persons for six years, along with sorcerers and homicides.

76. Of the same. In accordance with these, so too [is the one] who has taken his daughter-in-law.

77. Of the same. He who has put away his own wife and taken another shall weep for one year, hear for two years, and remain as a prostrate one for three years. Then, after standing for one year, he shall be deemed worthy of communion.

78. Of the same. Likewise also [is the one] who has taken two sisters, even if at different times.

79. Of the same. And he who has acted madly toward his stepmother, shall be regarded as one who has been defiled with his sister. B

80. Of the same. Those who lie with males, and those who lie with beasts, and homicides, and poisoners, and adulterers, and idolaters, shall be penalized according to the same standard.

62. Of the same. The one who lies with males, as an adulterer.

Scholium. The Faster condemns such a person for three years, with 200 prostrations each day.

63. Of the same. Likewise also the one who has copulated with a beast, and has confessed it.

16. Of the Council of Ancyra. Whoever has copulated with a beast, if he is twenty years of age, he shall remain as a prostrate one for fifteen years, and C for six years without partaking of the oblation. But for one who has passed this age, and has a wife, five and twen- D

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- Aty-five years he shall remain as a prostrate one, and for five years he shall be a partaker of the prayers. But he who has a wife, and has passed the fiftieth year, let him obtain communion at the exit of life.

17 of the same. He who has lain with beasts, and is a leper, or has infected others with leprosy, let him pray among those who are agitated. Scholium. Being a leper, that is to say, unclean and polluted; for lepers were unclean according to the Mosaic law. And the phrase "has infected with leprosy" is equivalent to saying, "has defiled," namely, the beasts. He calls the "agitated" those who are demon-possessed, as some say.

20 of Basil the Great. B He who in anger has used an axe against his own wife is a voluntary murderer. Likewise also he who has used a sword against someone. And he who has administered drugs, even if he provided them for another cause. And the robber, and the enemy. And those who give and receive remedies for abortion. But an involuntary murderer is he who has thrown a stone at a dog or a tree, and has hit a man. And he who corrects with a strap or a switch. He, however, who has struck with a club or by hand upon vital parts is nearly a voluntary murderer.

43 of the same. And he who has struck someone to death, whether he started the blow, or defended himself, is a murderer.

54 of the same. The penalties of murderers are both intensified and relaxed, according to the cause of the murder and the quality of the repentance. Scholium. Under Patriarch Lucas, a certain bishop gave, in writing, an acquittal to a soldier who had committed voluntary murder, in a very short time. When he was accused before the synod, he pleaded the canon that grants bishops the power either to relax or to intensify the penalties for those doing penance. But he received the response that this is granted to pontiffs, but not to use it without investigation and with excessive leniency. Wherefore the synod subjected the soldier to the canonical penalties, and punished the bishop, ordering him to abstain from the ministry for a set time.

56 of the same. C The voluntary murderer shall be for twenty years without communion of the sacraments; for four years he shall stand outside and entreat those who are entering to make prayer on his behalf, confessing his sin; for five years he shall be among the hearers; for seven years with those who are in prostration; for four years with the faithful, without the oblation; and thus he shall partake of the sacraments.

57 of the same. He who has committed involuntary homicide, for ten years; for two years indeed weeping, for three years as a hearer, for four years prostrate, and one year standing with the faithful. Scholium. The Faster condemns murderers, the voluntary ones to five years, and the involuntary ones to three years. D

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A 5 Nysseni. Or involuntary murderer, seven years; voluntary, at the end of life.

22 Ancyranæ. Or involuntary murderer, five years; voluntary, let him receive the sacraments at the end of life.

13 Basilii Magni. He who kills an enemy, though he be a defender of piety, let him not communicate for three years.

Scholium. Under patriarch Constantine Chliarenus, synodical investigation was made, that if indeed someone, while he could have escaped the ambush of a robber, did not agree to this, but deliberately attacked and killed the robber, he is to be punished as a murderer. But if the robber first drew his sword against him, then he who killed him shall not be punished. Indeed, whoever for the sake of public utility, having been much entreated, has sought out and dispatched a robber, he shall be considered worthy not of punishment, but of rewards. For the cause of caution, however, it was decided that even these be condemned for three years. But it is right that clerks who have committed the same should be punished immediately, with no distinction made between enemy, or robber, or anyone else. Whence also a bishop, who had killed an Agarene in time of war who had drawn a sword against him, was by the sentence of a synod deposed.

6 Nysseni. A robber, as a voluntary murderer.

61 Basilii Magni. He who has committed theft and has confessed will be barred for a year; but if convicted, for two.

Scholium. The Faster condemns such a one for 40 days. But one who is convicted, for six months, to eat only dry food, and to perform 100 prostrations each day.

64 ejusdem. The perjurer for a decade: two years weeping, three years listening, four years prostrate, and one standing.

Scholium. The Faster condemns this one for one year, eating dry food and fasting until evening, and performing 250 prostrations.

82 ejusdem. Or he who committed perjury through force, let him be received after six years; he who without compulsion, after twelve years.

65 ejusdem. A magician and a sorcerer, as a murderer.

Scholium. The Faster condemns magicians and sorcerers to three years, with 250 daily prostrations, and fasting, and a rigid mode of living. Similarly also the women who make amulets and those who divine.

66 ejusdem. A violator of a tomb, as a perjurer.

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A Scholium. The Faster condemns such a person for one year, with 200 daily prostrations.

7 Nysseni. If a violator of a tomb has done this for the sake of removing stones, he is to be pardoned; but if he does it to take away anything from the items buried with the dead, he is subject to the judgment for fornication.

8 ejusdem. A sacrilegious person, for a shorter time than an adulterer.

16 ejusdem. Let the violator of a tomb who confesses his crime distribute even his own belongings to the poor. B

Scholium. The Faster condemns such an individual to a three-year penance. To the same Faster belong these provisions: If any unclean thing falls into a well, or into wine, or into oil, let him who tastes of this abstain for three days from meat and cheese; and for seven days let him not communicate. If anyone vomits after the divine participation, let him abstain for 40 days from the divine communion, singing the 50th Psalm daily and performing 50 prostrations, in whatever manner this may befall.

Title 4. Penalties for the lapsed.

Canon 73 of Basil the Great, and canon 1 of Nyssenus. Let him who has denied Christ lament throughout his life, and at the end of his life, let him be deemed worthy of the sacraments through confidence in the kindness of God. C

Scholium. The decree of Patriarch Methodius deems worthy of pardon those who have fallen and returned—namely, children who were led away into captivity and were overcome by fear or ignorance—by anointing them only with the holy chrism; but those who are of age, even if they were overcome by necessity, he indeed deems worthy of pardon by anointing them with the holy chrism, yet he commands them to fast for two forty-day periods (quadragesimae), abstaining from meats and performing intense prayers and prostrations according to their strength. But those who voluntarily defected, he commands to fast for two years, similar to those explained above, and to perform 100 or 200 prostrations each day, and only in this way to be anointed with the holy chrism.

81 ejusdem. Those who have violated the faith through coercion shall be received after eight years; those who have done so voluntarily, after twelve.

11 primae synodi. Those who have fallen without necessity, while being altogether unworthy of pardon, yet for the sake of humanity, if they have truly repented, let them remain for three years among the hearers, for seven years among the prostrators, and for two years let them participate without the oblation of prayers.

12 ejusdem. Those who appeared to have resisted the error, and then...

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A returned for the sake of the gifts, let them submit for ten years, with a three-year period of hearing. In all cases, however, the kind of penitence must be examined, and the bishop should show himself more humane toward one who has repented more fervently.

14 of the same. If a catechumen should fall, let him be a hearer for three years, and thus let him pray with the catechumens.

3 of Ancyra. He who, by violence and torments, has taken the victim in his hands or food in his mouth, let him not be barred from communion. And if he be a layman, let him also obtain ordination, provided he is otherwise blameless.

4 of the same. He who sacrificed by compulsion and dined in the temples of the idols, if indeed he was led there and used a more cheerful demeanor and more splendid clothing, and indifferently partook of the meal, let him be restored after six years B of perfect penance.

5 of the same. But if all else was the opposite: if he ate, for three years; if he did not eat, for two years.

6 of the same. He who yielded only to a threat, and then repented, let him be restored after five years of perfect penance.

7 of the same. He who feasted with pagans at their festivals, and even with his own food, let him submit for two years.

8 of the same. He who, by compulsion, sacrificed twice or three times, let him be restored after seven years of perfect penance.

9 of the same. He who not only fell away, but also compelled others, let him be restored after ten years of perfect penance.

1 of Peter of Alexandria. Those who, after many tortures, were overcome by torments and denied Christ, but then changed their mind and mourned—four years of persecution having already passed—let them be punished for another 40 days.

2 of the same. Those who fell only after they had been imprisoned, let them be punished for another year.

3 of the same. Those who of their own accord proceeded to their own destruction without necessity, and then repented, for three years.

4 of the same. Those who, after they have fallen, do not repent, are to be rejected.

5 of the same. Those who used dissimulation and mocked the vioDlent

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A ones, from whom they were being coerced, and thus escaped without sacrificing, are to be punished for six months.

6 of the same. Those who compelled slaves to sacrifice in their stead, let them themselves incur a three-year penance.

7 of the same. The slaves who were so coerced, only for a year.

8 of the same. Those who were delivered up, and who denied the faith under compulsion, but afterwards recalled their surrender and fought bravely: let them communicate with joy in all things.

9 of the same. Likewise also those who voluntarily went forth to the contests. For they do this for the sake of Christ, even if they have not acted according to the Christ who commanded us to flee when persecuted.

10 of the same. But clergy who have voluntarily betaken themselves to the contests are not to exercise their ministry, B because they have abandoned their own flock, which none of the apostles did.

11 of the same. To those who voluntarily entered into the contest, but who denied the faith due to many tortures, and who afterwards repented and lamented their deed, it is fitting to show approval, and to pray for them, and to appease the Divine.

12 of the same. Those who gave money so that they might escape tortures are without blame; for they preferred to suffer the loss of money rather than of the soul.

13 of the same. Likewise also those who found safety in flight, even if others were seized in their stead.

14 of the same. Those who, after many tortures, received the offering into their hands unwillingly, C let them both remain in their ministry and be counted among the confessors.

1 of Saint Gregory the Wonderworker. Those who in captivity among the barbarians have eaten foods, are without blame.

2 of the same. Those who, during the time of the incursion of the barbarians—which brings destruction to all—have considered it an opportunity for their own gain and have plundered the possessions of others, let them be cast out of the Church as impious and hateful to God.

4 of the same. Those who hold by force the captives who have escaped, let them restore them, D lest lightning fall upon them from heaven.

9 of the same. Those who have been taken into captivity, and have become so brutalized that they even advance against their own kin, let them be kept even from the hearing, until the synod decides something regarding them.

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10 Of the same. Those who have dared to enter into the houses of others, if they are convicted by an accusation, let them be barred even from the hearing; but if they confess of their own accord, let them be subjected to the penances of those who return.

11 Of the same. Likewise also those who have found something in a field or in a house.

12 Of the same. Let those who confess to having found things demand nothing in regard to them, such as a reward for information, or a fee for preservation, or a finder’s fee.

13 Of the same. Let those who die at the time when they are paying their penalties communicate solely by the judgment of the bishop. But if any of them should recover, let him be at least among those who are partakers of the prayers.

Of Basil the Great. As in herbs, so also in meats, we distinguish the harmful from the useful. And just as one who is sensible would not eat hemlock or henbane, so he would not taste of vulture or dog, except out of necessity; for whoever eats out of necessity commits no sin.

84 Of the same. In all things, let the manner of the repentance be examined, not the span of time.

Of Nyssen. For it is necessary in every offense to look to the disposition of the one repenting, and not to the time, and because of the ardor of his zeal, sometimes to deduct something from the time, and thus to divide the time of penance into three parts: in one of which the afflicted person laments; in the second, he listens (as a hearer); and in the third, he prostrates himself; and thus at last he stands upright.

102 Of those in Trullo. Let the quality of the sin also be considered, and the repentance of him who has sinned, and thus let the remedy and healing suited to the disease be applied, so that it may not, by being done beyond what is necessary, harm the sick person.

Of Saint Cyril. Just as those being tossed by a storm at sea jettison some things in order to save the rest, so too must we neglect some things, lest we lose everything.

18 Of Timothy of Alexandria. In some people, sins are reckoned from the twelfth year of age; in others, from a more advanced and mature age, according, clearly, to the knowledge and understanding of each.

Scholium. Some hand down the tradition that, after having reached six years of age, both males and females ought to be corrected and sanctified through confession.

6 Of the Patriarch Nicholas. That canonical writing of the Faster, because it applied excessive leniency, has ruined many; and those who know what is good will be corrected.

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TITLE V. General Canons.

A Canon 63 held in Trullo. Let the martyrologies fabricated by the pagans be committed to the flames, and let those who accept them as true be anathema. Scholium. It appears that there were some writings composed by pagans, as if they were the words and deeds of holy martyrs, which were absurd and ridiculous; the intention being that through them our faith might be mocked, and the martyrs insulted.

Canon 81 of the same. Whoever adds the phrase "who was crucified" to the thrice-holy hymn, let him be anathema.

Canon 29 of Laodicea. Whoever rests on the Sabbath, rather than on the Lord’s Day, let him be anathema.

Canon 35 of the same. Likewise, whoever abandons the Church and invokes angels; for he is near to idolatry. Scholium. There was an ancient heresy held by some, who said that Christ ought not to be invoked for help, nor that we should be brought to God by Him, but rather by the angels. This, perhaps, they taught under a pretext of religious humility.

Canon 34 of the same. Likewise, let him who honors false martyrs be anathema. Scholium. That is to say, those whom men of sects different from the right-thinking honor as saints and martyrs.

Canon 109 of the Council of Carthage. To him who dogmatizes that Adam would have died even if sin had not intervened, anathema.

Canon 110 of the same. To him who says that small and newborn children are not baptized for the remission of sins, and that they do not draw from the primordial sin of Adam something that must be purged, anathema.

Canon 111 of the same. To him who says that holy baptism has the remission only of past sins, and not the help and remedy for future ones, anathema.

Canon 112 of the same. To him who says that through baptism the knowledge of what must be done is imparted to us, but not the power to embrace what must be done, anathema.

Canon 113 of the same. To him who says that grace was given to us for this reason, that we might perform more easily what we are able to do through free will, anathema.

Canon 114 of the same. To him who says that that word spoken by John the Theologian in his epistle: "If we say that we have no sin,

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peccatum non habere, nosmetipsos fallimus,» per humilitatem, non veritatem esse prolatum, anathema. A

115 ejusdem. Ei, qui dicit, homines sanctos istuc verbum: «Et remitte nobis debita nostra,» non pro se dicere, quasi qui peccare nequeant, sed pro hominum vulgo, anathema.

Gangrena. Si quis legitimum matrimonium vituperat, anathema.

2 ejusdem. Si quis religiose vescentem carnibus absque sanguine, et simulacris immolato, et suffocato, condemnat, anathema.

3 ejusdem. Si quis servo religionis erga Deum prætextu suadet, ut dominum suum contemnat, anathema.

4 ejusdem. Qui hæsitat a presbytero conjugato [sacramenta] percipere, anathema sit.

5 ejusdem. Qui ædem sacram contemnit, anathema.

6 ejusdem. Similiter et qui seorsum cœtus habet.

7 ejusdem. Ei, qui præter episcopi vel presbyteri sententiam res ecclesiasticas tractat, anathema.

8 ejusdem. Similiter et ei qui dat vel accipit oblationem fructuum absque episcopo, et eo qui administrationi C rerum ecclesiasticarum præfectus est.

9 ejusdem. Itidem et illi, qui virginitatem colit, vel continentiam servat, non ipsius boni causa, sed quod matrimonium abominetur.

10 ejusdem. Qui propter exercitationem, quæ religiosa putatur, pannis utitur, aliosque pie veros gestantes damnat, sit anathema.

14 ejusdem. Liberi, qui prætextu religiosæ pietatis a parentibus recedunt, anathema sunto.

16 ejusdem. Contemnenti eos, qui ex fide dilectiones faciunt, et invitationibus hujusmodi non communicanti, anathema. D

17 ejusdem. Similiter et illi, qui propter exercitationem die Dominico jejunat.

18 ejusdem. Item illi, qui usitata jejunia citra necessitatem solvit.

19 ejusdem. Quin etiam abominanti martyrum causa institutas congressiones, et quæ in eis obeuntur functiones.

A nosmetipsos fallimus; quoniam humilitatem, et non secundum veritatem dictum est, anathema. 115 A 115 ejusdem. Tῷ λέγοντι, τοὺς ἁγίους τὸ «Καὶ ἄφες ἡμῖν τὰ ὀφειλήματα ἡμῶν,» οὐχ ὑπὲρ ἑαυτῶν λέγειν, ὡς ὄντων ἀναμαρτήτων, ἀλλ' ὑπὲρ τῶν πολλῶν, ἀνάθεμα. Ο ς' τῆς ἐν Γάγγρα. Εἴ τις τὸν ἔννομον μέμφοιτο γάμον, ἀνάθεμα. Ο β' ταύτης. Εἴ τις τὸν εὐλαβῶς ἐσθίοντα κρέα χωρὶς αἵματος, καὶ εἰδωλοθύτου, καὶ πνικτοῦ, κατακρίνει, ἀνάθεμα. Ο γ' ταύτης. Εἴ τις δοῦλον, θεοσεβείας προφάσει, τοῦ οἰκείου πείθει δεσπότου καταφρονεῖν, ἀνάθεμα. Ο δ' ταύτης. Ὁ διακρινόμενος παρὰ πρεσβυτέρου γεγαμηκότος μεταλαμβάνειν, εἴη ἀνάθεμα. Ο ε' ταύτης. Ὁ τοῦ θείου καταφρονῶν οἴκου, ἀνάθεμα. Ο ς' ταύτης. Ὡσαύτως καὶ ὁ ἐκκλησιάζων ἰδίᾳ. Ο ζ' ταύτης. Τῷ παρὰ γνώμην ἐπισκόπου ἢ πρεσβυτέρου τὰ τῆς ἐκκλησίας πράττοντι, ἀνάθεμα. Ο η' ταύτης. Ὡσαύτως καὶ τῷ διδόντι ἢ λαμβάνοντι καρποφορίαν ἄνευ τοῦ ἐπισκόπου, καὶ τοῦ ἐπὶ τὴν οἰκονομίαν τεταγμένου. Ο θ' ταύτης. Ἀλλὰ δὴ καὶ τῷ παρθενεύοντι ἢ ἐγκρατευομένῳ, οὐ δι' αὐτὸ τὸ καλὸν, ἀλλ' ὡς τὸν γάμον βδελυσσομένῳ. Ο ι' ταύτης. Ὁ διὰ νομιζομένην ἄσκησιν ῥακενδυτῶν, καὶ τῶν εὐλαβῶς τοὺς βήρους φορούντων καταγινώσκων, εἴη ἀνάθεμα. Ο ιδ' ταύτης. Τὰ πιστῶν γονέων ἀναχωρήσαντα τέκνα θεοσεβείας προφάσει, ἀνάθεμα. Ο ις' ταύτης. Τῷ καταφρονοῦντι τῶν ἐκ πίστεως ἀγάπας ποιούντων, καὶ ταῖς κλήσεσι μὴ κοινωνοῦντι, ἀνάθεμα. Ο ιζ' ταύτης. Ὡσαύτως καὶ τῷ δι' ἄσκησιν ἐν τῇ Κυριακῇ νηστεύοντι. Ο ιη' ταύτης. Καὶ τῷ τὰς νενομισμένας νηστείας χωρὶς ἀνάγκης παραλύοντι. Ο ιθ' ταύτης. Ἀλλὰ δὴ καὶ τῷ βδελυσσομένῳ τὰς τῶν μαρτύρων συνάξεις, καὶ τὰς ἐν αὐτοῖς λειτουργίας.

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7 Of the Patriarch Nicholas. To kneel on the Sabbath is not forbidden by the canon. But the majority, because there are no fasts on the Sabbath, do not kneel either.

20 Of the First [Ecumenical Council]. On the Lord’s days, and on the days of Pentecost, let no one kneel.

55 Of that in Trullo. Although the Romans are accustomed to fast on the Saturdays of Lent, nevertheless the canon of the apostles concerning the Sabbaths should prevail.

85 Of the same. On that great Sabbath [which precedes Easter], the fast must be continued until midnight.

90 Of the same. From the evening entrance and beginning of the Sabbath, let no one kneel, until the evening entrance of the Lord’s day.

15 Of Peter of Alexandria. One must fast on Wednesday and Friday. On the former, because of the counsel of betrayal against Christ; on the latter, because of the saving passion. The Lord's day, however, is to be celebrated with joy, because of the resurrection of the Savior.

1 Of Dionysius of Alexandria. The hour of the Lord’s resurrection cannot be exactly determined. For the women who came to the tomb found Him risen, as all the Evangelists testify. Therefore, we rebuke those who break the fast before midnight; and we commend those who persevere until dawn; but those who hold a position between these, we do not trouble. C

Of the Patriarch Nicholas. The fast of August, being formerly held, was later transferred, because it coincided with the fasts of the pagans. Nevertheless, many still keep this fast.

TITULUS VI. Concerning the Emperor.

The ninety-third of that in Carthage. Let emperors support the Church, just as a military hand once helped Paul when he was in danger.

69 Of that in Trullo. Except for the emperor, let no one enter the propitiatory.

30 Of Basil the Great. A magistrate who swears to the destruction of his subjects should himself be taught not to swear lightly; but the oath should be rendered void. D

SECTION VI. CONCERNING WOMEN.

The forty-fourth of that in Carthage. Holy virgins, when they depart from their parents, [are to be placed in the care of the bishop or, by his providence, of the most honorable women. O...]

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A

19 Ancyran. Virgins are not to approach men as if they were brothers.

11 of the same. A girl betrothed to someone, and abducted by another, is to be restored to the one who betrothed her.

70 held in Trullo. Women are to be silent in the church.

44 Laodicean. A woman is not to enter the sanctuary.

6 Caesarean. When a pregnant woman is illuminated [baptized], the fetus is not illuminated. For the intention of each individual is judged.

28 of Basil the Great. B A girl who has followed someone against the will of her parents, once the parents have been reconciled, is to be disciplined for three years.

40 of the same. She who gives herself to a man against the will of her master commits fornication.

49 of the same. Defilement brought about by force is free of blame. And a slave woman, if she suffered violence from her master, is blameless.

33 of the same. She who gives birth on the road and neglects the offspring is guilty of murder.

52 of the same. She who has lost her offspring because of isolation or a lack of necessities deserves mercy.

Scholium. She who has lost her infant against her will is condemned for one year by the Faster [Basil]. She who falls upon a sleeping infant and suffocates it, for three years. She who, having neglected her offspring, caused its death through her own negligence, pays the penalty for voluntary murder. Likewise, when an unbaptized child has died through the C negligence of its own parents, the parents are condemned for three years. Concerning those who expose their own infants at the entrances of churches, a question was raised in the synod, and it was resolved that these women should be punished as murderers, even if someone else picked them up and, having taken care of them, kept them alive.

87 held in Trullo. She who goes from one husband to another is an adulteress, and if she returns she shall not be received.

18 and 60 of Basil the Great. An adulteress is she who has promised virginity but later has yielded to the passions of the flesh; and likewise the adulterer who has had intercourse with her. She promises virginity when, being examined at about seventeen years of age, she has persisted in her resolve and has petitioned to be received. Therefore, she shall complete the time of one who has committed adultery.

20 of the same. D Those who, while they were in a certain sect, violated the promise of virginity, when they come to the Church are not condemned; for whatever the law says, it says to those who are under the law.

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A Likewise of the same. If a wife departs without reason, she herself is not free from blame, but the husband is free from blame. 91 [Canon] of those in Trullo, and 21 of Ancyra, and 2 of Basil the Great. Those who provide drugs that induce abortion, and those who receive them, shall be subjected to the penalty of murderers. 93 [Canon] of those in Trullo, and 31 and 36 and 46 of Basil the Great. She who, before being persuaded of the death of her husband, he having become missing, joins herself to another, commits adultery. Soldiers' wives, however, have some excuse, because their husbands are always near death. Therefore, even the soldier, if he should ever return, and chooses to, takes back his own wife, who is deemed worthy of pardon. But the woman who, having been joined for a time out of ignorance to a man left by his wife, and then dismissed because the previous [wife] returned to him, is not prevented from entering into marriage, as having acted out of ignorance. It were better, however, if she remained as she is. 48 [Canon] of Basil the Great. Let she who is dismissed by her husband remain as she is; for she is an adulteress, according to the word of the Lord, «if she should be joined to another.» 54 of the same. Those who are defiled by adultery, and make confession, or are convicted, shall stand without communion, but shall not be publicly exposed. 59 of the same. She who lives joined to an adulterer commits adultery her whole life. 6 [Canon] of Timothy of Alexandria. If a catechumen has a flux, let her not be baptized until she is purged. 8 of the same. She who has given birth in the Great Week, may partake of food and wine. D Of Patriarch Nicephorus. If a woman gives birth, and the infant is in danger, after three or five days, let the child be illuminated [baptized], but another woman who is baptized and clean shall breastfeed him. But his mother shall not enter the chamber in which the child lies until the fortieth day, until she is completely purified and receives a prayer from the priest, nor shall she touch him at all. 2 [Canon] of Dionysius of Alexandria, and 7 of Timothy. Those who are in their period shall be kept away from divine temples and sacred mysteries. Scholium. That is, those who are having their menses, because they used to sit separately among the Jews. Of Patriarch Nicephorus. If a woman of full age who has become a Christian, after one, or two, or however many days up to seven, sees

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