Canon XXXIII.
Since we know that, in the region of the Armenians, only those are appointed to the clerical orders who are of priestly descent (following in this Jewish customs); and some of those who are even untonsured are appointed to succeed cantors and readers of the divine law, we decree that henceforth it shall not be lawful for those who wish to bring any one into the clergy, to pay regard to the descent of him who is to be ordained; but let them examine whether they are worthy (according to the decrees set forth in the holy canons) to be placed on the list of the clergy, so that they may be ecclesiastically promoted, whether they are of priestly descent or not; moreover, let them not permit any one at all to read in the ambo, according to the order of those enrolled in the clergy, unless such an one have received the priestly tonsure and the canonical benediction of his own pastor; but if any one shall have been observed to act contrary to these directions, let him be cut off.
Notes.
Ancient Epitome of Canon XXXIII.
Whoever is worthy of the priesthood should be ordained whether he is sprung of a priestly line or no. And he that has been blessed untonsured shall not read the Holy Scriptures at the ambo.
Van Espen.
Here not obscurely does the canon join the clerical tonsure received from the bishop with the office of Reader, so much so that he that has been tonsured by the bishop is thought to have received at the same time the tonsure and the order of lector.
Canon XXXIV.
But in future, since the priestly canon openly sets this forth, that the crime of conspiracy or secret society is forbidden by external laws, but much more ought it to be prohibited in the Church; we also hasten to observe that if any clerics or monks are found either conspiring or entering secret societies, or devising anything against bishops or clergymen, they shall be altogether deprived of their rank.
Notes.
Ancient Epitome of Canon XXXIV.
If clerics or monks enter into conspiracies or fraternities, or plots against the bishop or their fellow clerics, they shall be cast out of their grade.
This is but a renewal of Canon xviij. of Chalcedon, which see with the notes.
Canon XXXV.
It shall be lawful for no Metropolitan on the death of a bishop of his province to appropriate or sell the private property of the deceased, or that of the widowed church: but these are to be in the custody of the clergy of the diocese over which he presided until the election of another bishop, unless in the said church there are no clergymen left. For then the Metropolitan shall protect the property without diminution, handing over everything to the bishop when he is appointed.
Notes.
Ancient Epitome of Canon XXXV.
When the bishop is dead the clergy shall guard his goods. If, however, no clergyman remains, the Metropolitan shall take charge of them until another be ordained.
Compare Canon xxii. of Chalcedon. This canon extends the prohibition to Metropolitans as well.
Aristenus.
Neither the clergy nor metropolitan after the death of the bishop are allowed to carry off his goods, but all should be guarded by the clergy themselves, until another bishop is chosen. But if by chance no clergyman is left in that church, the metropolitan is to keep all the possessions undiminished and to return them to the future bishop.
Canon XXXVI.
Renewing the enactments by the 150 Fathers assembled at the God-protected and imperial city, and those of the 630 who met at Chalcedon; we decree that the see of Constantinople shall have equal privileges with the see of Old Rome, and shall be highly regarded in ecclesiastical matters as that is, and shall be second after it. After Constantinople shall be ranked the See of Alexandria, then that of Antioch, and afterwards the See of Jerusalem.
Notes.
Ancient Epitome of Canon XXXVI.
Let the throne of Constantinople be next after that of Rome, and enjoy equal privileges. After it Alexandria, then Antioch, and then Jerusalem.
Balsamon.
The Fathers here speak of the Second and Third canons of the Second Synod [i.e. I. Constantinople] and of canon xxviij. of the Fourth Synod [i.e. Chalcedon]. And read what we have said on these canons.
Aristenus.
We have explained the third canon of the Synod of Constantinople and the twenty-eighth canon of the Synod of Chalcedon as meaning, when asserting that the bishop of Constantinople should enjoy equal privileges after the Roman bishop, that he should be placed second from the Roman in point of time. So here too this preposition "after" denotes time but not honour. For after many years this throne of Constantinople obtained equal privileges with the Roman Church; because it was honoured by the presence of the Emperor and of the Senate.
On this opinion of Aristenus's the reader is referred to the notes on Canon iij. of I. Constantinople.
Justinian.
(Novella CXXXI., Cap. ij.)
We command that according to the definitions of the Four Councils the most holy Pope of Old Rome shall be first of all the priests. But the most blessed Archbishop of Constantinople, which is New Rome, shall have the second place after the Holy Apostolic See of Old Rome.
This canon, in a mutilated form, is found in the Corpus Juris Canonici, Gratian's Decretum, Pars I., Dist. XXII., c. vj.