Canon
V.
Concerning
those, whether of the
clergy or of the laity, who have been excommunicated in the several
provinces, let the provision of the canon be observed by the bishops
which provides that persons cast out by some be not readmitted by
others. Nevertheless, inquiry should be made whether they have
been excommunicated through captiousness, or contentiousness, or any
such like ungracious disposition in the bishop. And, that this
matter may have due investigation, it is decreed that in every province
synods shall be held twice a year, in order that when all the bishops
of the province are assembled together, such questions may by them be
thoroughly examined, that so those who have confessedly offended
against their bishop, may be seen by all to be for just cause
excommunicated, until it shall seem fit to a general meeting of the
bishops to pronounce a milder sentence upon them. And let these
synods be held, the one before Lent, (that the pure Gift may be offered
to God after all bitterness has been put away), and let the second be
held about autumn.
Notes.
Ancient Epitome of Canon V.
Such as have been excommunicated by certain bishops
shall not be restored by others, unless the excommunication was the
result of pusillanimity, or strife, or some other similar cause.
And that this may be duly attended to, there shall be in each year two
synods in every province—the one before Lent, the other toward
autumn.
There has always been found the greatest difficulty in
securing the regular meetings of provincial and diocesan synods, and
despite the very explicit canonical legislation upon the subject, and
the severe penalties attached to those not answering the summons, in
large parts of the Church for centuries these councils have been of the
rarest occurrence. Zonaras complains that in his time
“these synods were everywhere treated with great contempt,”
and that they had actually ceased to be held.
Possibly the opinion of St. Gregory Nazianzen had grown
common, for it will be remembered that in refusing to go to the latter
sessions of the Second Ecumenical he wrote, “I am resolved to
avoid every meeting of bishops, for I have never seen any synod end
well, nor assuage rather than aggravate disorders.”
59
Hefele.
Gelasius has given in his history of the Council of
Nice, the text of the canons passed by the Council; and it must be
noticed that there is here a slight difference between his text and
ours. Our reading is as follows: “The excommunication
continues to be in force until it seem good to the assembly of bishops
(
τῳ
κοινῷ
) to soften it.”
Gelasius, on the other hand, writes:
μέχρις ἄν
τῷ κοινῷ ἢ τῷ
ἐπισκόπῳ,
κ.τ.λ
., that is to say, “until it seem good
to the assembly of bishops,
or to the bishop
(who has passed the
sentence),” etc.…Dionysius the Less has also followed this
variation, as his translation of the canon shows. It does not
change the essential meaning of the passage; for it may be well
understood that the bishop who has passed the sentence of
excommunication has also the right to mitigate it. But the
variation adopted by the
Prisca
alters, on the contrary, the
whole sense of the canon: the
Prisca
has not
τῳ
κοινῳ
, but only
ἐπισκόπῳ
: it is in this erroneous form that the canon has passed into the
Corpus jurisc an
.
This canon is found in the
Corpus Juris Canonici
,
Gratian’s
Decretum
, Pars II., Causa XI, Quæst. III.,
Canon lxxiij., and the latter part in Pars I., Distinc. XVIII., c.
iij.
59
Greg. Naz.
Ep. ad
Procop
., Migne,
Pat. Græc
., No. cxxx.