Canon XII.
It
has come to our knowledge
that certain persons, contrary to the laws of the Church, having had
recourse to secular powers, have by means of imperial rescripts divided
one Province into two, so that there are consequently two metropolitans
in one province; therefore the holy Synod has decreed that for the
future no such thing shall be at
tempted by a bishop, since he who shall
undertake it shall be degraded from his rank. But the cities
which have already been honoured by means of imperial letters with the
name of metropolis, and the bishops in charge of them, shall take the
bare title, all metropolitan rights being preserved to the true
Metropolis.
Notes.
Ancient Epitome of Canon
XII.
One province shall not be cut into two. Whoever
shall do this shall be cast out of the episcopate. Such cities as
are cut off by imperial rescript shall enjoy only the honour of having
a bishop settled in them: but all the rights pertaining to the
true metropolis shall be preserved.
Bright.
We learn from this canon, there were cases in which an
ambitious prelate, “by making application to the
government” (“secular powers”) had obtained what are
called “pragmatic letters,” and employed them for the
purpose of “dividing one province into two,” and exalting
himself as a metropolitan. The name of a “pragmatic
sanction” is more familiar in regard to medieval and modern
history; it recalls the name of St. Louis, and, still more, that of the
Emperor Charles VI. the father of Maria Theresa. Properly a
“pragmatic” was a deliberate order promulgated by the
Emperor after full hearing of advice, on some public affair. We
find “pragmatici nostri statuta” in a law of
a.d.
431. (Cod. Theod., xi. 1, 36); and
“pragmatici prioris,” “sub hac pragmatica
jussione,” in ordinances in Append. to Cod. Theod., pp. 95, 162;
and the empress Pulcheria, about a year before the Council, had
informed Leo that her husband Marcian had recalled some exiled orthodox
bishops “robore pragmatici sui” (Leon.,
Epist
.
lxxvij.). Justinian speaks of “pragmaticas nostras
formas” and “pragmaticum typum” (Novel., 7, 9,
etc.). The phrase was adopted from his legislation by Louis the
Pious and his colleague-son Lothar (compare Novel. 7, 2 with Pertz,
Mon. Germ, Hist. Leg
., i., 254), and hence it came to be used
both by later German emperors (see,
e.g.
, Bryce’s
Holy
Roman Empire
, p. 212), and by the French kings (Kitchin,
Hist.
France
, i. 343, 544). Augustine explains it by
“præceptum imperatoris” (
Brev. Collat. cum
Donatist
. iii., 2), and Balsamon in his comment uses an equivalent
phrase; and so in the record of the fourth session of Chalcedon we have
θεῖα
γράμματα
(“divine” being practically equivalent to
“imperial”) explained by
πραγματικοὺς
τύπους
(Mansi, vii., 89).
We must observe that the imperial order, in the cases contemplated by
the canon, had only conferred the title of “metropolis” on
the city, and had not professed to divide the province for civil, much
less for ecclesiastical, purposes. Valens, indeed, had divided the
province of Cappadocia, when in 371 he made Tyana a metropolis:
and therefore Anthimus, bishop of Tyana, when he claimed the position
of a metropolitan, with authority over suffragans, was making a not
unnatural inference in regard to ecclesiastical limits from political
rearrangements of territory, as Gregory of Nazianzus says (
Orat.
xliii., 58), whereas Basil “held to the old custom,” i.e.,
to the traditional unity of his provincial church, although after a
while he submitted to what he could not hinder (see Tillemont, ix.,
175, 182, 670). But in the case of Eustathius of Berytus, which
was clearly in the Council’s mind, the Phœnician province
had not been divided; it was in reliance on a mere title bestowed upon
his city, and also on an alleged synodical ordinance which issued in
fact from the so-called “Home Synod” that he declared
himself independent of his metropolitan, Photius of Tyre, and brought
six bishoprics under his assumed jurisdiction. Thus while the
province remained politically one, he had
de facto
divided it
ecclesiastically into two. Photius petitioned Marcian, who
referred the case to the Council of Chalcedon, and it was taken up in
the fourth session. The imperial commissioners announced that it
was to be settled not according to “pragmatic forms,” but
according to those which had been enacted by the Fathers (Mansi, vii.,
89). This encouraged the Council to say, “A pragmatic can
have no force against the canons.” The commissioners asked
whether it was lawful for bishops, on the ground of a pragmatic, to
steal away the rights of other churches? The answer was
explicit: “No, it is against the canon.” The
Council proceeded to cancel the resolution of the Home Synod in favour
of the elevation of Berytus, ordered the 4th Nicene canon to be read,
and upheld the metropolitical rights of Tyre. The commissioners
also pronounced against Eustathius. Cecropius, bishop of
Sebastopolis, requested them to put an end to the issue of pragmatics
made to the detriment of the canons; the Council echoed
this request; and the commissioners granted it
by declaring that the canons should everywhere stand good (Mansi, vii.,
89–97). We may connect with this incident a law of Marcian
dated in 454, by which “all pragmatic sanctions, obtained by
means of favour or ambition in opposition to the canon of the Church,
are declared to be deprived of effect” (Cod. Justin, i., 2,
12).
To this decision the present canon looks back, when it
forbids any bishop, on pain of deposition, to presume to do as
Eustathius had done, since it decrees that “he who attempts to do
so shall fall from his own rank (
βαθμοῦ
) in the
Church. And cities which have already obtained the honorary title
of a metropolis from the emperor are to enjoy the honour only, and
their bishops to be but honorary metropolitans, so that all the rights
of the real metropolis are to be reserved to it.” So, at
the end of the 6th session the emperor had announced that Chalcedon was
to be a titular metropolis, saving all the rights of Nicomedia; and the
Council had expressed its assent (Mansi, xii., 177;
cf
. Le
Quien, i., 602). Another case was discussed in the 13th session
of the Council. Anastasius of Nicæa had claimed to be
independent of his metropolitan Eunomius of Nicomedia, on the ground of
an ordinance of Valens, recognising the city of Nicæa as by old
custom a “metropolis.” Eunomius, who complained of
Anastasius’s encroachments, appealed to a later ordinance,
guaranteeing to the capital of Bithynia its rights as unaffected by the
honour conferred on Nicæa: the Council expressed its mind in
favour of Eunomius, and the dispute was settled by a decision
“that the bishop of Nicomedia should have metropolitical
authority over the Bithynian churches, while the bishop of Nicæa
should have merely the honour of a metropolitan, being subjected, like
the other comprovincials, to the bishop of Nicomedia (Mansi, vii.,
313). Zonaras says that this canon was in his time no longer
observed; and Balsamon says that when the primates of Heraclea and
Ancyra cited it as upholding their claim to perform the consecration of
two “honorary metropolitans,” they were overruled by a
decree of Alexius Comnenus, “in presence and with consent”
of a synod (on Trullan, canon xxxviij.).
The first part of this canon is found in the
Corpus
Juris Canonici
, Gratian’s
Decretum
, Pars I., Dist.
ci., canon j.