Canon XXVIII.
Following
in all things the
decisions of the holy Fathers, and acknowledging the canon, which has
been just read, of the One Hundred and Fifty Bishops beloved-of-God
(who assembled in the imperial city of Constantinople, which is New
Rome, in the time of the Emperor Theodosius of happy memory), we also
do enact and decree the same things concerning the privileges of the
most holy Church of Constantinople, which is New Rome. For the
Fathers rightly granted privileges to the throne of old Rome, because
it was the royal city. And the One Hundred and Fifty most
religious Bishops, actuated by the same consideration, gave equal
privileges (
ἴσα
πρεσβεῖα
) to the most
holy throne of New Rome, justly judging that the city which is honoured
with the Sovereignty and the Senate, and enjoys equal privileges with
the old imperial Rome, should in ecclesiastical matters also be
magnified as she is, and rank next after her; so that, in the Pontic,
the Asian, and the Thracian dioceses, the metropolitans only and such
bishops also of the Dioceses aforesaid as are among the barbarians,
should be ordained by the aforesaid most holy throne of the most holy
Church of Constantinople; every metropolitan of the aforesaid dioceses,
together with the bishops of his province, ordaining his own provincial
bishops, as has been declared by the divine canons; but that, as has
been above said, the metropolitans of the aforesaid Dioceses should be
ordained by the archbishop of Constantinople, after the proper
elections have been held according to custom and have been reported to
him.
Notes.
Ancient Epitome of Canon
XXVIII.
The bishop of New Rome shall enjoy the same honour as
the bishop of Old Rome, on account of the removal of the Empire.
For this reason the [metropolitans] of Pontus, of Asia, and of Thrace,
as well as the Barbarian bishops shall be ordained by the bishop of
Constantinople.
Van Espen.
It is certain that this canon was expressly renewed by
canon xxxvi. of the Council of Trullo and from that time has been
numbered by the Greeks among the canons; and at last it was
acknowledged by some Latin collectors also, and was placed by Gratian
in his
Decretum
, although clearly with a different sense.
(Pars I., Dist. xxii., C. vj.)
Bright.
Here is a great addition to the canon of 381, so
ingeniously linked on to it as to seem at first sight a part of
it. The words
καὶ
ὥστε
are meant to suggest that what follows
is in fact involved in what has preceded: whereas a new point of
departure is here taken, and instead of a mere “honorary
pre-eminence” the bishop of Constantinople acquires a vast
jurisdiction, the independent authority of three exarchs being annulled
in order to make him patriarch. Previously he had
προεδρία
now he gains
προστασία
.
As we have
seen, a series of
aggrandizements in fact had prepared for this aggrandizement in law;
and various metropolitans of Asia Minor expressed their contentment at
seeing it effected. “It is, indeed, more than probable that
the self-assertion of Rome excited the jealousy of her rival of the
East,” and thus “Eastern bishops secretly felt that the
cause of Constantinople was theirs” (Gore’s
Leo the
Great
, p. 120); but the gratification of Constantinople ambition
was not the less, in a canonical sense, a novelty, and the attempt to
enfold it in the authority of the Council of 381 was rather astute than
candid. The true plea, whatever might be its value, was that the
Council had to deal with a
fait accompli
, which it was wise at
once to legalize and to regulate; that the “boundaries of the
respective exarchates…were ecclesiastical arrangements made with
a view to the general good and peace of the Church, and liable to vary
with the dispensations to which the Church was providentially
subjected,” so that “by confirming the
ἐκ πολλοῦ
κρατῆσαν
ἔθος
in regard to the ordination of certain
metropolitans (see
Ep. of Council
to Leo, Leon.
Epist
.
xcviij., 4), “they were acting in the spirit, while violating the
letter, of the ever-famous rule of Nicæa,
τὰ αρχεῖα
ἔθη
κρατείτο
(cp. Newman,
Transl. of Fleury, iii., 407). It is observable that
Aristenus
295
and Symeon,
Logothetes reckon this decree as a
XXIX
th
canon (Justellus, ii., 694, 720).
After the renewal of this canon by the Council of
Trullo, Gratian adds “The
VIII
th
Synod held under Pope Hadrian II., canon
xxj.” (
Decretum
Pars I., Dist. xxij., C. vij.)
“We define that no secular power shall hereafter dishonour anyone
of these who rule our patriarchal sees, or attempt to move them from
their proper throne, but shall judge them worthy of all reverence and
honour; chiefly the most holy Pope of Old Rome, and then the Patriarch
of Constantinople, and then those of Alexandria, and Antioch, and
Jerusalem.”
Some Greek codices have the following heading to this
canon.
“Decree of the same holy Synod published on
account of the privileges of the throne of the most holy Church of
Constantinople.”
Tillemont.
This canon seems to recognise no particular authority in
the Church of Rome, save what the Fathers had granted it, as the seat
of the empire. And it attributes in plain words as much to
Constantinople as to Rome, with the exception of the first place.
Nevertheless I do not observe that the Popes took up a thing so
injurious to their dignity, and of so dangerous a consequence to the
whole Church. For what Lupus quotes of St. Leo’s lxxviij.
(civ.) letter, refers rather to Alexandria and to Antioch, than to
Rome. St. Leo is contented to destroy the foundation on which
they built the elevation of Constantinople, maintaining that a thing so
entirely ecclesiastical as the episcopate ought not to be regulated by
the temporal dignity of cities, which, nevertheless, has been almost
always followed in the establishment of the metropolis, according to
the Council of Nicea.
St. Leo also complains that the Council of Chalcedon
broke the decrees of the Council of Nice, the practice of antiquity,
and the rights of Metropolitans. Certainly it was an odious
innovation to see a Bishop made the chief, not of one department but of
three; for which no example could be found save in the authority which
the Popes took over Illyricum, where, however, they did not claim the
power to ordain any Bishop.
295
Such is not the case
in Aristenus as found in Beveridge, Tom. I., p. 147.