Canon IV.
It
is by all means proper that a
bishop should be appointed by all the bishops in the province; but
should this be difficult, either on account of urgent necessity or
because of distance, three at least should meet together, and the
suffrages of the absent [bishops] also being given and communicated in
writing, then the ordination should take place. But in every
province the ratification of what is done should be left to the
Metropolitan.
Notes.
Ancient Epitome of Canon IV.
A bishop is to be chosen by all the bishops of the
province, or at least by three, the rest giving by letter their assent;
but this choice must be confirmed by the Metropolitan.
Zonaras.
The present Canon might seem to be opposed to the first
canon of the Holy Apostles, for the latter enjoins that a bishop
ordained by two or three bishops, but this by
three, the absent also agreeing and testifying
their assent by writing. But they are not contradictory; for the
Apostolical canon by ordination (
χειροτονίαν
)
means consecration and imposition of hands, but the present canon by
constitution (
κατάστασιν
)
and ordination means the election, and enjoins that the election of a
bishop do not take place unless three assemble, having the consent also
of the absent by letter, or a declaration that they also will acquiesce
in the election (or vote,
ψήφῳ
) made by the three who have
assembled. But after the election it gives the ratification or
completion of the matter—the imposition of hands and
consecration—to the metropolitan of the province, so that the
election is to be ratified by him. He does so when with two or
three bishops, according to the apostolical canon, he consecrates with
imposition of hands the one of the elected persons whom he himself
selects.
Balsamon.
Also understands
καθίστασθαι
to mean election by vote.
Bright.
The Greek canonists are certainly in error when they
interpret
χειροτονία
of election. The canon is akin to the 1st Apostolic canon which,
as the canonists admit, must refer to the consecration of a new bishop,
and it was cited in that sense at the Council of
Chalcedon—Session xiii. (Mansi., vii. 307). We must follow
Rufinus and the old Latin translators, who speak of
“ordinari,” “ordinatio” and “manus
impositionem.”
Hefele.
The Council of Nice thought it necessary to define by
precise rules the duties of the bishops who took part in these
episcopal elections. It decided (
a
) that a single bishop
of the province was not sufficient for the appointment of another;
(
b
) three at least should meet, and (
c
) they were not to
proceed to election without the written permission of the absent
bishops; it was necessary (
d
) to obtain afterward the approval
of the metropolitan. The Council thus confirms the ordinary
metropolitan division in its two most important points, namely, the
nomination and ordination of bishops, and the superior position of the
metropolitan. The third point connected with this
division—namely, the provincial synod—will be considered
under the next canon.
Meletius was probably the occasion of this canon.
It may be remembered that he had nominated bishops without the
concurrence of the other bishops of the province, and without the
approval of the metropolitan of Alexandria, and had thus occasioned a
schism. This canon was intended to prevent the recurrence of such
abuses. The question has been raised as to whether the fourth
canon speaks only of the choice of the bishop, or whether it also
treats of the consecration of the newly elected. We think, with
Van Espen, that it treats equally of both,—as well of the part
which the bishops of the province should take in an episcopal election,
as of the consecration which completes it.
This canon has been interpreted in two ways. The
Greeks had learnt by bitter experience to distrust the interference of
princes and earthly potentates in episcopal elections.
Accordingly, they tried to prove that this canon of Nice took away from
the people the right of voting at the nomination of a bishop, and
confined the nomination exclusively to the bishops of the province.
The Greek Commentators, Balsamon and others, therefore,
only followed the example of the Seventh and [so-called] Eighth
Œcumenical Councils in affirming that this fourth canon of Nice
takes away from the people the right previously possessed of voting in
the choice of bishops and makes the election depend entirely on the
decision of the bishops of the province.
The Latin Church acted otherwise. It is true that
with it also the people have been removed from episcopal elections, but
this did not happen till later, about the eleventh century; and it was
not the people only who were removed, but the bishops of the province
as well, and the election was conducted entirely by the clergy of the
Cathedral Church. The Latins then interpreted the canon of Nice
as though it said nothing of the rights of the bishops of the province
in the
election
of their future colleague (and it does not speak
of it in a very explicit manner), and as though it determined these two
points only; (
a
) that for the
ordination
of a bishop
three bishops at least are necessary; (
b
) that the right of
confirmation
rests with the metropolitan.
The whole subject of episcopal elections is treated
fully by Van Espen and by Thomassin, in
Ancienne et Nouvelle
Discipline de l’ Église
, P. II. l. 2.
This canon is found in the
Corpus Juris Canonici
,
Gratian’s
Decretum
, Pars I. Dist. LXIV. c. j.