Canon V.
Concerning bishops or clergymen who go about from city to city, it is decreed that the canons enacted by the Holy Fathers shall still retain their force.
Notes.
Ancient Epitome of Canon V.
Those who go from city to city shall be subject to the canon law on the subject.
Clerical adventurers and brief pastorates are not the peculiar characteristics of any one century.
Bright.
It is supposed by Hefele that the bishops were thinking of the case of Bassian, who, in the eleventh session (Oct. 29), pleaded that he had been violently ejected from the see of Ephesus. Stephen the actual bishop, answered that Bassian had not been "ordained" for that see, but had invaded it and been justly expelled. Bassian rejoined that his original consecration for the see of Evasa had been forcible even to brutality; that he had never even visited Evasa, that therefore his appointment to Ephesus was not a translation. Ultimately, the Council cut the knot by ordering that a new bishop should be elected, Basalan and Stephen retaining the episcopal title and receiving allowances from the revenues of the see (Mansi, vii. 273 et seqq.)
This canon is found in the Corpus Juris Canonici, Gratian's Decretum, Pars II., Causa VII., Quæst. I., can. xxij. [289]
[289] Not given in Hefele, and incorrectly printed in Van Espen as Causa XII. instead of VII.
Canon VI.
Neither presbyter, deacon, nor any of the ecclesiastical order shall be ordained at large, nor unless the person ordained is particularly appointed to a church in a city or village, or to a martyry, or to a monastery. And if any have been ordained without a charge, the holy Synod decrees, to the reproach of the ordainer, that such an ordination shall be inoperative, and that such shall nowhere be suffered to officiate.
Notes.
Ancient Epitome of Canon VI.
In Martyries and Monasteries ordinations are strictly forbidden. Should any one be ordained therein, his ordination shall be reputed of no effect.
Van Espen.
The wording of the canon seems to intimate that the synod of Chalcedon held ordinations of this sort to be not only illicit but also invalid, irritis and cassis. Nor is this to be wondered at, if we take into account the pristine and ancient discipline of the church and the opinion of many of the Scholastics (Morinus, De SS. Ordinat., Parte III., Exercit. V., cap. ix.).
Hefele.
It is clear that our canon forbids the so-called absolute ordinations, and requires that every cleric must at the time of his ordination be designated to a definite church. The only titulus which is here recognized is that which was later known as titulus beneficii. As various kinds of this title we find here (a) the appointment to a church in the city; (b) to a village church; (c) that to the chapel of a martyr; (d) the appointment as chaplain of a monastery. For the right understanding of the last point, it must be remembered that the earliest monks were in no wise clerics, but that soon the custom was introduced in every larger convent, of having at least one monk ordained presbyter, that he might provide for divine service in the monastery.
Similar prohibitions of ordinationes absolutæ were also put forth in after times.
According to existing law, absolute ordinations, as is well known, are still illicitæ, but yet validæ, and even the Council of Chalcedon has not declared them to be properly invalidæ, but only as without effect (by permanent suspension). Cf. Kober, Suspension, S. 220, and Hergenröther, Photius, etc., Bd. ii., S. 324.
Bright.
By the word marturio ("martyry") is meant a church or chapel raised over a martyr's grave. So the Laodicene Council forbids Churchmen to visit the "martyries of heretics" (can. ix.). So Gregory of Nyssa speaks of "the martyry" of the Holy Martyrs (Op. ii., 212); Chrysostom of a "martyry," and Palladius of "martyries" near Antioch (In Act. Apost. Hom., xxxviii. 5; Dial., p. 17), and Palladius of "the martyry of St. John" at Constantinople (Dial., p. 25). See Socrates, iv. 18, 23, on the "martyry" of St. Thomas at Edessa, and that of SS. Peter and Paul at Rome; and vi. 6, on the "martyry" of St. Euphenia at Chalcedon in which the Council actually met. In the distinct sense of a visible testimony, the word was applied to the church of the Resurrection at Jerusalem (Eusebius, Vit. Con., iii. 40, iv. 40; Mansi, vi. 564; Cyril, Catech., xiv. 3), and to the Holy Sepulchre itself (Vit. Con., iii. 28). Churches raised over martyrs' tombs were called in the West "memoriæ martyrum," see Cod. Afric., lxxxiii. (compare Augustine, De Cura pro Mortuis, VI.).
This canon is found in the Corpus Juris Canonici, Gratian's Decretum, Pars I., Dist. lxx., can. j.