Canon XVIII. (Of the Latin.)
Bishop Januarius said: Let your holiness also decree this, that no bishop be allowed to try to gain for himself a minister in the church of a bishop of another city and ordain him to one of his own parishes.
All said: Such is our pleasure, inasmuch as discord is apt to spring from contentions in this matter, and therefore the sentence of us all forbids anyone to presume to do
Note.
Van Espen.
It is manifest that these two canons [xviii. of the Latin and xv. of the Greek], contain the resolution of the same case, and therefore it is that the Greeks keep only the former which contains the decree of the synod, made on Hosius's motion, the suggestion having been made by Januarius the bishop: which suggestion makes the first of these canons. [I.e. Latin canon xviij.]
Canon XV.
(Greek.)
Bishop Hosius said: And let us all decree this also, that [399] if any bishop should ordain to any order the minister of another from another diocese without the consent of his own bishop, such an ordination should be accounted invalid and not confirmed. And if any take upon themselves to do this they ought to be admonished and corrected by our brethren and fellow-bishops.
All said: Let this decree also stand unalterable.
(Latin.)
Bishop Hosius said: This also we all decree, that if any [bishop] should ordain the minister of another from another diocese without the consent and will of his own bishop, his ordination be not ratified. And whoever shall have taken upon himself to do this ought to be admonished and corrected by our brethren and fellow-bishops.
Notes.
Ancient Epitome of Canon XV.
If one places a foreign minister without the knowledge of his own bishop in any grade (embathmon, in aliquo gradu), he has indeed made the appointment, but it is without force.
This is Canon XIX. in the Latin.
Hefele.
Fuchs, in his Bibliothek der Kirchenversammlungen (Pt. II., p. 123, note 125) [400] , thinks he has discovered a difference between this canon and the exclusively Latin one preceding it, in that the latter supposes the case of a bishop ordaining a foreign cleric, over whom he has no jurisdiction, to a higher grade, with the view of retaining him for his own diocese; while the other--fifteenth or nineteenth canon--treats of a case where such an ordination takes place without the ordaining bishop intending to keep the person ordained for his own diocese. Van Espen is of another opinion, and maintains that both canons obviously refer to one and the same case, for which reason the Greek text has only inserted one of them. It is certain that the text of both canons, as we have it, does not clearly indicate the difference conjectured by Fuchs, but that it may easily be found there.
Van Espen.
If the reading of all the Latins and Greeks is decisive, this canon only treats of the ordination of those already ministers or clerics, and so the Greek commentators Balsamon, Zonaras, and Aristenus understood it, as is evident from their annotations. But Gratus, Bishop of Carthage, and Primate of Africa, in the First Synod of Carthage testified that in this canon it was decreed, that without the licence of his own bishop, a layman of another diocese was not to be ordained, and this interpretation or rather extension of the Canon, was received everywhere, as is demonstrated by the fifty-sixth of the African Code.
This together with Canon XIX. of the Latin text are found as one in the Corpus Juris Canonici (Gratian's Decretum, P. I., Dist. lxxj.), c. j.
[399] The Greek text of Bev. begins here.
[400] The reference is given incorrectly in the English Hefele.
Canon XVI.
(Greek.)
Bishop Aëtius said: Ye are not ignorant how important and how large is the metropolitan city of Thessalonica. Accordingly presbyters and deacons often come to it from other provinces and, not content with staying a short time, remain and make it their permanent place of residence, or are compelled with difficulty and after a very long delay to return to their own churches. A decree should be made bearing on this matter.
Bishop Hosius said: Let those decrees which have been made in the case of bishops, be observed as to these persons also.
(Latin.)
Bishop Aëtius said: Ye are not ignorant how large and important is the city of Thessalonica. Presbyters and deacons often come to it from other regions, and are not content to remain a short time, but either make their residence there or at least are with difficulty compelled to return after a long interval to their own place.
All said: Those limits of time which have been decreed in the case of bishops ought to be observed as to these persons also.
Notes.
Ancient Epitome of Canon XVI.
What things have been decreed for bishops with regard to the length of their absence, applies also to presbyters and deacons.
Van Espen.
This canon needs no explanation.