Canon XIX.
A
bishop
shall not be ordained
without a synod and the presence of the metropolitan of the
province. And when he is present, it is by all means better that
all his brethren in the ministry of the Province should assemble
together with him; and these the metropolitan ought to invite by
letter. And it were better that all should meet; but if this be
difficult, it is indispensable that a majority should either be present
or take part by letter in the election, and that thus the appointment
should be made in the presence, or with the consent, of the majority;
but if it should be done contrary to these decrees, the ordination
shall be of no force. And if the appointment shall be made
according to the prescribed canon, and any should object through
natural love of contradiction, the decision of the majority shall
prevail.
Notes.
Ancient Epitome of Canon
XIX.
If there be no synod and metropolitan, let there be no
bishop. If on account of some difficulty all do not meet
together, at least let the greater number, or let them give their
assent by letter. But if after the affair is all settled a few
are contentious, let the vote of the majority stand firm.
Zonaras.
In the first place it must be noted that by
“ordination” in this place is meant election, and the
laying on of the bishop’s hand.
Balsamon.
The method of choosing a bishop is laid down in the
canons of Nice, number iv., but the present canon adds the provision
that an election which takes place in violation of the provisions of
this decree is null and invalid: and that when those who are
electing are divided in opinion as to whom to choose, the votes of the
majority shall prevail. But when you hear this canon saying that
there should be no election without the presence of the Metropolitan,
you must not say that he ought to be present at an election (for this
was prohibited, as is found written in other canons) but rather say
that his presence here is a permission or persuasion, without which no
election could take place.
Compare Apostolic Canon number j.
This canon is found in the
Corpus Juris Canonici
,
Gratian’s
Decretum
, Pars I., Dist. LXV., can. iij.
Gratian has chosen Isidore’s version, and the Roman Correctors
point out that Dionysius’ is preferable.