Canon XIII.
The
election of those who are to
be appointed to the priesthood is not to be committed to the
multitude.
Notes.
Ancient Epitome of Canon
XIII.
Whoso is chosen by seculars is ineligible.
Balsamon.
From this canon it is evident that in ancient times not
only bishops but also priests were voted for by the multitude of the
people. This is here forbidden.
Aristenus.
Bishops are elected by metropolitans and other
bishops. If anyone in this manner shall not have been promoted to
the Episcopate, but shall have been chosen by the multitude, he is not
to be admitted nor elected.
[It is clear from this that by “the
Priesthood” Aristenus understands the episcopate, and I think
rightly.]
Van Espen.
The word in the Greek to which “multitude”
corresponds (
ὄχλος
) properly signifies a
tumult.
176
What the fathers intend to forbid are tumultuous
elections, that is, that no attention is to be paid to riotous
demonstrations on the part of the people, when with acclamations they
are demanding the ordination of anyone, with an appearance of
sedition. Such a state of affairs St. Augustine admirably
describes in his
Epistola ad Albinam
(
Epist
. cxxvi., Tom.
II, col. 548, Ed. Gaume).
And it is manifest that by this canon the people were
not excluded from all share in the election of bishops and priests from
what St. Gregory Nazianzen says, in
Epistola ad
Cæsarienses
, with regard to the election of St. Basil.
From this what could be more evident than that after this canon was put
out the people in the East still had their part in the election of a
bishop? This also is clear from Justinian’s
“Novels” (
Novellæ
, cxxiij., c.j., and cxxxvij.,
c. ij.)
This canon is found in the
Corpus Juris Canonici
,
Gratian’s
Decretum
, Pars I., Dist. lxiii., can. vj,, but
in proof of the proposition that laymen were hereby forbidden to have
any share in elections. Van Espen notes that Isidore’s
version favours Gratian’s misunderstanding, and says that
“no doubt that this version did much to exclude the people from
the election of bishops.”
176
More accurately
“a tumultuous and riotous mob”
vide
Liddell and
Scott.