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Nicene and Post-Nicene Fathers, Second Series • VOL 14 • SECTION 29

Canon XL.

← The Seven Ecumenical Councils

Canon XL.

Of the provincial synod which should be held twice every year, and of its utility; together with the excommunication of such as oppose the decree.

Canon XLI.

Of the synod of Archbishops, which meets once a year with the Patriarch, and of its utility; also of the collection to be made for the support of the patriarch throughout the provinces and places subject to the patriarch.

Canon XLII.

Of a cleric or monk who when fallen into sin, and summoned once, twice, and thrice, does not present himself for trial.

Canon XLIII.

What the patriarch should do in the case of a defendant set at liberty unpunished by the decision of the bishop, presbyter, or even of a deacon, as the case may be.

Canon XLIV.

How an archbishop ought to give trial to one of his suffragan bishops.

Canon XLV.

Of the receiving of complaints and condemnation of an archbishop against his patriarch.

Canon XLVI.

How a patriarch should admit a complaint; or judgment of an Archbishop against an Archbishop.

Canon XLVII.

Of those excommunicated by a certain one, when they can be and when they cannot be absolved by another.

Canon XLVIII.

No bishop shall choose his own successor.

Canon XLIX.

No simoniacal ordinations shall be made.

Canon L.

There shall be but one bishop of one city, and one parochus of one town; also the incumbent, whether bishop or parish priest, shall not be removed in favour of a successor desired by some of the people unless he has been convicted of manifest crime.

Canon LI.

Bishops shall not allow the separation of a wife from her husband on account of discord--[in American, "incompatibility of temper"].

Canon LII.

Usury and the base seeking of worldly gain is forbidden to the clergy, also conversation and fellowship with Jews.

Canon LIII.

Marriages with infidels to be avoided.

Canon LIV.

Of the election of a chorepiscopus, and of his duties in towns, and villages, and monasteries.

Canon LV.

How a chorepiscopus should visit the churches and monasteries which are under his jurisdiction.

Canon LVI.

Of how the presbyters of the towns and villages should go twice a year with their chorepiscopus to salute the bishop, and how religious should do so once a year from their monasteries, and how the new abbot of a monastery should go thrice.

Canon LVII.

Of the rank in sitting during the celebration of service in church by the bishop, the archdeacon and the chorepiscopus; and of the office of archdeacon, and of the honour due the archpresbyter.

Canon LVIII.

Of the honour due the archdeacon and the chorepiscopus when they sit in church during the absence of the bishop, and when they go about with the bishop.

Canon LIX.

How all the grades of the clergy and their duties should be publicly described and set forth.

Canon LX.

Of how men are to be chosen from the diocese for holy orders, and of how they should be examined.

Canon LXI.

Of the honour due to the deacons, and how the clerics must not put themselves in their way.

Canon LXII.

The number of presbyters and deacons is to be adapted to the work of the church and to its means.

Canon LXIII.

Of the Ecclesiastical Economist and of the others who with him care for the church's possessions.

Canon LXIV.

Of the offices said in the church, the night and day offices, and of the collect for all those who rule that church.

Canon LXV.

Of the order to be observed at the funeral of a bishop, of a chorepiscopus and of an archdeacon, and of the office of exequies.

Canon LXVI.

Of taking a second wife, after the former one has been disowned for any cause, or even not put away, and of him who falsely accuses his wife of adultery. If any priest or deacon shall put away his wife on account of her fornication, or for other cause, as aforesaid, or cast her out of doors for external good, or that he may change her for another more beautiful, or better, or richer, or does so out of his lust which is displeasing to God; and after she has been put away for any of these causes he shall contract matrimony with another, or without having put her away shall take another, whether free or bond; and shall have both equally, they living separately and he sleeping every night with one or other of them, or else keeping both in the same house and bed, let him be deposed. If he were a layman let him be deprived of communion. But if anyone falsely defames his wife charging her with adultery, so that he turns her out of doors, the matter must be diligently examined; and if the accusation was false, he shall be deposed if a cleric, but if a layman shall be prohibited from entering the church and from the communion of the faithful; and shall be compelled to live with her whom he has defamed, even though she be deformed, and poor, and insane; and whoever shall not obey is excommunicated by the Synod.

[Note.--The reader will notice that by this canon a husband is deposed or excommunicated, as the case may be, if he marry another woman, after putting away his wife on account of her adultery. It is curious that in the parallel canon in the collection of Echellensis, which is numbered LXXI., the reading is quite different, although it is very awkward and inconsequent as given. Moreover, it should be remembered that in some codices and editions this canon is lacking altogether, one on the right of the Pope to receive appeals taking its place. As this canon is of considerable length, I only quote the interesting parts.]

Whatever presbyter or deacon shall put away his wife without the offence of fornication, or for any other cause of which we have spoken above, and shall cast her out of doors...such a person shall be cast out of the clergy, if he were a clergyman; if a layman he shall be forbidden the communion of the faithful....But if that woman [untruly charged by her husband with adultery], that is to say his wife, spurns his society on account of the injury he has done her and the charge he has brought against her, of which she is innocent, let her freely be put away and let a bill of repudiation be written for her, noting the false accusation which had been brought against her. And then if she should wish to marry some other faithful man, it is right for her to do so, nor does the Church forbid it; and the same permission extends as well to men as to women, since there is equal reason for it for each. But if he shall return to better fruit which is of the same kind, and shall conciliate to himself the love and benevolence of his consort, and shall be willing to return to his pristine friendship, his fault shall be condoned to him after he has done suitable and sufficient penance. And whoever shall speak against this decree the fathers of the synod excommunicate him.

Historical source

Public Domain • Christian Classics Ethereal Library source edition.

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