Canon LIII. (Greek
lvii.)
That dioceses should not receive a bishop except by the
consent of its own bishop.
Epigonius
, the bishop,
said: In many councils it has been decreed by the sacerdotal
assembly that such communities as are contained in other dioceses and
ruled by their bishops, and which never had any bishops of their own,
should not receive rulers, that is bishops, for themselves except with
the consent of the bishop under whose jurisdiction they have
been. But because some who have attained a certain domination
abhor the communion of the brethren, or at least, having become
depraved, claim for themselves domination with what is really tyranny,
for the most part tumid and stolid presbyters, who lift up their heads
against their own bishops or else win the people to themselves by
feasting them or by malignant persuasion, that they may by unlawful
favour wish to place themselves as rulers over them; we indeed hold
fast that glorious desire of your mind, most pious brother Aurelius,
for thou hast often opposed these things, paying no heed to such
petitioners; but on account of their evil thoughts and basely conceived
designs this I say, that such a community, which has always been
subject in a diocese, ought not to receive a rector, nor should it ever
have a bishop of its own. Therefore if this which I have proposed
seems good to the whole most holy council, let it be confirmed.
Aurelius, the bishop, said: I am not in opposition
to the proposition of our brother and fellow bishop: but I
confess that this has been and shall be my practice concerning those
who were truly of one mind, not only with regard to the Church of
Carthage, but concerning every sacerdotal assemblage. For there
are many who, as has been said, conspire with the people whom they
deceive, tickling their ears and blandly seducing them, men of vicious
lives, or at least puffed up and separated from this meeting, who think
to watch over their own people, and never come to our council for fear
that their wickedness should be discussed. I say, if it seems
good, that not only should these not keep their dioceses, but that
every effort should be made to have them expelled by public authority
from that church of theirs which has evilly favoured them, and that
they be removed even from the chief sees. For it is right that he
who cleaves to all the brethren and the whole council, should possess
with full right not only his church but also the dioceses. But
they who think that the people suffice them and spurn the love of the
brethren, shall not only lose their dioceses, but (as I have said,)
they shall be deprived by public authority of their own cures as
rebels. Honoratus and Urban, the bishops, said: The lofty
provision of your holiness obtains the adherence of the minds of all of
us, and I think that by the answer of all what you have deigned to
propose will be confirmed. All the bishops said: Placet,
placet.
Notes.
Ancient Epitome of Canon
LIII.
Whoso shall neglect his call to a synod, and shall
despise the charity of his brethren, putting his trust in the multitude
who are with him, let him be deprived of them by the imperial
authority.
This canon is Canon
v. of the Synod of Carthage of August 28th,
a.d.
397, beginning with the second clause.
Johnson.
It is very evident that a diocese here signifies some
town or village lying remote from the Bishop’s City, but
belonging to his jurisdiction; and is to be understood to be a place
distinct from the bishop’s church or cathedral.
See also Can. 56 and Decr. Anast., 6.