Canon XXXVIII.
It is not lawful to receive unleavened bread from the Jews, nor to be partakers of their impiety.
Canon XXXIX.
It is not lawful to feast together with the heathen, and to be partakers of their godlessness.
Notes.
Ancient Epitome of Canons XXXVII., XXXVIII, and XXXIX.
Thou shalt not keep feasts with Hebrews or heretics, nor receive festival offerings from them.
Balsamon.
Read canon lxx. and canon lxxj. of the Holy Apostles, and Canon lx. [197] of the Synod of Carthage.
Aristenus.
Light hath no communion with darkness. Therefore no Christian should celebrate a feast with heretics or Jews, neither should he receive anything connected with these feasts such as azymes and the like.
[197] So both Zonaras and Balsamon give the number, but in this they follow the Latin numbers of the African Code, the Greek number is lxiij.
Canon XL.
Bishops called to a synod must not be guilty of contempt, but must attend, and either teach, or be taught, for the reformation of the Church and of others. And if such an one shall be guilty of contempt, he will condemn himself, unless he be detained by ill health.
Notes.
Ancient Epitome of Canon XL.
Whoso summoned to a synod shall spurn the invitation, unless hindered by the force of circumstances, shall not be free from blame.
Hefele.
By anomalia, illness is commonly understood, and Dionysius Exiguus and Isidore translated it, the former ægritudinem, and the latter infirmitatem. But Balsamon justly remarks that the term has a wider meaning, and, besides cases of illness includes other unavoidable hinderances or obstacles.
This Canon is found in the Corpus Juris Canonici, Gratian's Decretum, Pars I., Dist. XVIII., c. v.
Canon XLI.
None of the priesthood nor of the clergy may go on a journey, without the bidding of the Bishop.
Canon XLII.
None of the priesthood nor of the clergy may travel without letters canonical.
Notes.
Ancient Epitome of Canons XLI. and XLII.
No clergyman shall undertake a journey without canonical letters or unless he is ordered to do so.
Van Espen.
(On Canon xli.)
It is well known that according to the true discipline of the Church no one should be ordained unless he be attached to some church, which as an ecclesiastical soldier he shall fight for and preserve. As, then, a secular soldier cannot without his prefect's bidding leave his post and go to another, so the canons decree that no one in the ranks of the ecclesiastical military can travel about except at the bidding of the bishop who is in command of the army. A slight trace of this discipline is observed even to-day in the fact that priests of other dioceses are not allowed to celebrate unless they are provided with Canonical letters or testimonials from their own bishops.
(On Canon xlii.)
The whole subject of Commendatory and other letters is treated of in the note to Canon VIII. of the Council of Antioch.
Canon xlj. is found in the Corpus Juris Canonici, Gratian's Decretum, Pars III., Dist. V., De Consecrat, can. xxxvj.
Canon xlij. is appended to the preceding, but, curiously enough, limited to laymen, reading as follows: "a layman also without canonical letters," that is "formed letters," should not travel anywhere. The Roman Correctors remark that in the Greek order this last is canon xli., and the former part of Gratian's canon, canon xlij. of the Greek, but such is not the order of the Greek in Zonaras nor in Balsamon. The correctors add that in neither canon is there any mention made of laymen, nor in Dionysius's version; the Prisca, however, read for canon xlj., "It is not right for a minister of the altar, even for a layman, to travel, etc."
Canon XLIII.
The subdeacons may not leave the doors to engage in the prayer, even for a short time.
Notes.
Ancient Epitome of Canon XLIII.
A subdeacon should not leave the gates, even for a short time, to pray.
On this canon the commentators find nothing to say in addition to their remarks on Canons xxj., and xxij., except that the "prayer" is not their own private prayer, but the prayer of the Liturgy. It has struck me that possibly when there was no deacon to sing the litany outside the Holy Gates while the priest was going on with the holy action within, subdeacons may have left their places at the doors, assumed the deacon's stole and done his part of the office, and that it was to prevent this abuse that this canon was enacted, the "prayer" being the litany. But as this is purely my own suggestion it is probably valueless.