Canon IX.
(
Greek
.)
Bishop
Hosius
said: This also, I think, follows,
that,
392
if in any province whatever, bishops send
petitions to one of their brothers and fellow-bishops, he that is in
the largest city, that is, the metropolis, should himself send his
deacon and the petitions, providing him also with letters commendatory,
writing also of course in succession to our brethren and
fellow-bishops, if any of them should be staying at that time in the
places or cities in which the most pious Emperor is administering
public affairs.
But if any of the bishops should have friends at the
Court and should wish to make requests of them as to some proper
object, let him not be forbidden to make such requests through his
deacon and move these [friends] to give their kind assistance as his
desire.
But those who come to Rome ought, as I said before, to
deliver to our beloved brother and fellow-bishop, Julius, the petitions
which they have to give, in order that he may first examine them, lest
some of them should be improper, and so, giving them his own advocacy
and care, shall send them to the Court.
All the Bishops made answer that such was their pleasure
and that the regulation was most proper.
(
Latin
.)
This
also seems to follow, that
from whatever province bishops shall send petitions to that brother and
fellow-bishop of ours who has his see in the metropolis, he [the
metropolitan] should dispatch his deacon with the petitions, providing
him with commendatory letters of like tenour to our brethren and
fellow-bishops at that time resi
dent in those regions and cities in which the
fortunate and blessed Emperor is ruling the State.
If however a bishop who seeks to obtain some petition (a
worthy one, that is) has friends in the palace, he is not forbidden to
make his request through his deacon and to advise those who, he knows,
can kindly intercede for him in his absence.
X. But let those who come to Rome, deliver, as
before said, to our most holy brother and fellow-bishop, the bishop of
the Roman church, the petitions which they bear, that he also may
examine whether they are worthy and just, and let him give diligence
and care that they be forwarded to the Court.
All said that such was their pleasure and that the
regulation was proper.
Bishop Alypius said: If they have incurred the
discomforts of travel for the sake of orphans and widows or any in
distress and having cases that are not unjust, they will have some good
reason [for their journey]; but now since they chiefly make requests
which cannot be granted without envy and reproach, it is not necessary
for them to go to Court.
Notes.
Ancient Epitome of Canon IX.
If one brother sends to another, let the Metropolitan
fortify the nuncio with letters; and let him write to the bishops, who
have the matter in hand, to protect the nuncio.
Here the Latin is not only a translation but an
interpretation of the Greek text, for it distinctly says that every
bishop shall send the petition he intends to present at court first to
his Metropolitan, who shall send it in. This is not clearly in
the Greek, and yet the Greek Commentators find it there.
Christian Lupus.
The authority of the bishop alone is not sufficient to
send a deacon to Court, there must be added the judgment of the
Metropolitan who shall examine the petition, prove, sign, and commend
it, not only to the Prince, but also to the bishop in whose diocese he
may happen to be.
Hefele.
Zonaras, Balsamon, and Aristenus explained this canon
somewhat differently, thus: “If a bishop desires to send
his petitions addressed to the Emperor to the bishop of the town where
the Emperor is staying, he shall first send them to the Metropolitan of
that province (according to Aristenus, his own Metropolitan) and the
latter shall send his own deacon with letters of recommendation to the
bishop or bishops who may be at court.” This difference
rests upon the various meanings of “to the brother and
fellow-bishop” in the beginning of the canon. We understand
by this his own Metropolitan, and treat the words:
ὁ ἐν τῇ
μείζονι κ
.
τ.λ
., as a more exact definition of
“fellow-bishop,” and the participle
τυγχάνων
as
equivalent to
τυγχάνει
, and
make the principal clause begin at
αὐτὸς καὶ
τὸν
διάκονον
.
Beveridge translated the canon in the same way. Zonaras and
others, on the contrary, understood by “fellow-bishop,” the
bishop of the Emperor’s residence for the time being, and
regarded the words
ὁ ἐν
τῇ μείζοη
κ
.
τ λ
.
not as a clearer definition of what had gone before, but as the
principal clause, in the sense of “then the Metropolitan
shall,” etc. According to this interpretation, the words
conveying the idea that the bishop must have recourse to the
Metropolitan are entirely wanting in the canon.
The first part of this Canon is the last part of Canon
IX. of the Latin. The last part is Canon X. of the Latin, but the
personal part about
Alypius
is omitted from the
Greek.
392
Here the Greek text
in Bev. begins.