Canon XXIX. (Greek xxxii.)
If anyone who is excommunicated shall receive communion before his cause is heard he brings damnation on himself. [432]
Likewise it pleased the whole Council that he who shall have been excommunicated for any neglect, whether he be bishop, or any other cleric, and shall have presumed while still under sentence, and his cause not yet heard, to receive communion, he shall be considered by so doing to have given sentence against himself.
Notes.
Ancient Epitome of Canon XXIX.
One excommunicate who shall communicate before absolution sentences himself.
This canon seems to be founded upon Canon iv. of Antioch.
Johnson.
See Can. Ap., 21 (29), Antioch, 4.
By this canon the criminous bishop is supposed to be excommunicated before he comes to have his cause heard by a Synod, or by 12 neighbouring bishops: and it is therefore most rational to believe that he was thus censured by his Primate. See Can. Afr., 12.
[432] Not found in the Greek of Beveridge.
Canon XXX. (Greek xxxiii.)
Concerning the accused or accuser. [433]
Likewise it seemed good that the accused, or the accusor, if (living in the same place as the accused) he fears some evil may be done him by the tumultuous multitude, may choose for himself a place near by, where the cause may be determined, and where there will be no difficulty in producing the witnesses.
Ancient Epitome of Canon XXX.
Accuser or accused may select for himself a safe place if he fears violence.
[433] Found only in Latin.
Canon XXXI. (Greek xxxiv.)
If certain clerics advanced by their own bishops are supercilious, let them not remain whence they are unwilling to come forth.
It also seemed good that whoever of the clergy or of the deacons would not help the bishop in the necessities of the churches, when he wished to lift them to a higher position in his diocese, should no longer be allowed to exercise the functions of that grade from which they were not willing to be removed.
Notes.
Ancient Epitome of Canon XXXI.
Who despises a greater honour shall lose what he hath.
Johnson.
It is most probable that this canon is to be understood of deacons designed by the bishop to be ordained priests, for the deacons, at least in some Churches, were provided of a better maintenance than priests; or it may be understood of inferior clergymen, who were permitted to marry in the degree they were now in, but would not willingly take the order of priest or deacon, because then they were prohibited marriage.
Canon XXXII. (Greek xxxv.)
If any poor cleric, no matter what his rank may be, shall acquire any property, it shall be subject to the power of the bishop. [434]
It also seemed good that bishops, presbyters, deacons and any other of the clergy, who when they were ordained had no possessions, and in the time of their episcopate or after they became clerics, shall purchase in their own names lands or any other property, shall be held guilty of the crime of intrenching upon the Lord's goods, unless, when they are admonished to do so, they place the same at the disposal of the Church. But should anything come to them personally by the liberality of anyone, or by succession from some relative, let them do what they will with it; if, however, they demand it back again, contrary to what they proposed, they shall be judged unworthy of ecclesiastical honour as back-sliders.
Notes.
Ancient Epitome of Canon XXXII.
Whoso after his ordination although he has nothing yet buys a field, shall give it to the Church, unless he got it by succession from a relation or by pure liberality.
In this canon there is difficulty about the meaning of the phrase "quod eorum proposito congruat." Hardouin suggests that "propositum" is the same as "profession," or "calling," and the meaning, were this the case, would be that he must employ it as befits his clerical calling. Van Espen follows Balsamon and Zonaras in understanding it to mean that if he has proposed to employ a part for the Church or for the poor, and changes his mind, he is to be deposed; and this meaning I have followed.
[434] "Of the Church" in Dion. Exig.