Canon III.
That it does not pertain to princes to choose a
Bishop.
Let
every election of a bishop,
presbyter, or deacon, made by princes stand null, according to the
canon which says: If any bishop making use of the secular powers
shall by their means obtain jurisdiction over any church, he shall be
deposed, and also excommunicated, together with all who remain in
communion with him. For he who is raised to the episcopate must
be chosen by bishops, as was decreed by the holy fathers of Nice in the
canon which says: It is most fitting that a bishop be ordained by
all the bishops in the province; but if this is difficult to arrange,
either on account of urgent necessity, or because of the length of the
journey, three bishops at least having met together and given their
votes, those also who are absent having signified their assent by
letters, the ordination shall take place. The confirmation of
what is thus done, shall in each province be given by the metropolitan
thereof.
Notes.
Ancient Epitome of Canon
III.
Every election made by a secular magistrate is null.
This is a canon of a synod recognized by East and West
as ecumenical! The reader can hardly resist the reflection that
in this case there have been and are a great many intruding clergymen
in the world, whose appointment to their several offices is
“null.” Van Espen, however, suggests an ingenious way
out of the difficulty, which is followed with great approval by
Hefele.
Van Espen.
Canon xxix. of those commonly called Apostolic, and
canon iv. of Nice are renewed in this canon.
From the words of this canon it is sufficiently clear
that in this canon the synod is treating of the choice and intrusion of
persons into ecclesiastical offices which the magistrates and Princes
had arrogated to themselves under the title of Domination
(
Dominatio
); and by no means of that choice or rather nomination
which Catholic princes and kings have everywhere and always used.
This canon is found in the
Corpus Juris Canonici
,
Gratian’s
Decretum
, Pars I., Dist. xciii., C.
vij.