Canon
VI.
(Probably adopted at a Council held in Constantinople
the next year, 382.
Vide
Introduction on the number of
Canons.)
Forasmuch
as many wishing to
confuse and overturn ecclesiastical order, do contentiously and
slanderously fabricate charges against the orthodox bishops who have
the administration of the Churches, intending nothing else than to
stain the reputation of the priests and raise up disturbances amongst
the peaceful laity; therefore it seemed right to the Holy Synod of
Bishops assembled together in Constantinople, not to admit accusers
without examination; and neither to allow all persons whatsoever to
bring accusations against the rulers of the Church, nor, on the other
hand, to exclude all. If then, any one shall bring a private
complaint against the Bishop, that is, one relating to his own affairs,
as, for example, that he has been defrauded, or otherwise unjustly
treated by him, in such accusations no examination shall be made,
either of the person or of the religion of the accuser; for it is by
all means necessary that the conscience of the Bishop should be free,
and that he who says he has been wronged should meet with righteous
judgment, of whatever religion he may be. But if the charge
alleged against the Bishop be that of some ecclesiastical offence, then
it is necessary to examine carefully the persons of the accusers, so
that, in the first place, heretics may not be suffered to bring
accusations touching ecclesiastical matters against orthodox
bishops. And by heretics we mean both those who were aforetime
cast out and those whom we ourselves have since anathematized, and also
those professing to hold the true faith who have separated from our
canonical bishops, and set up conventicles in opposition [to
them]. Moreover, if there be any who have been condemned for
faults and cast out of the Church, or excommunicated, whether of the
clergy or the laity, neither shall it be lawful for these to bring an
accusation against the bishop, until they have cleared away the charge
against themselves. In like manner, persons who are under
previous accusations are not to be permitted to bring charges against a
bishop or any other clergyman, until they shall have proved their own
innocence of the accusation brought against them. But if any,
being neither heretics, nor excommunicate, nor condemned, nor under
previous accusation for alleged faults, should declare that they have
any ecclesiastical charge against the bishop, the Holy Synod bids them
first lay their charges before all the Bishops of the Province, and
before them prove the accusations, whatsoever they may be, which they
have brought against the bishop. And if the comprovincials should
be unable rightly to settle the charges brought against the bishop,
then the parties must betake themselves to a greater synod of the
bishops of that diocese called together for this purpose; and they
shall not produce their allegations before they have promised in
writing to undergo an equal penalty to be exacted from themselves, if,
in the course of the examination, they shall be proved to have
slandered the accused bishop. And if anyone, despising what has
been decreed concerning these things, shall presume to annoy the ears
of the Emperor, or the courts of temporal judges, or, to the dishonour
of all the Bishops of his Province, shall trouble an Ecumenical Synod,
such an one shall by no means be admitted as an accuser; forasmuch as
he has cast contempt upon the Canons, and brought reproach upon the
order of the Church.
Notes.
Ancient Epitome of Canon VI.
Even one that is of ill repute, if he have suffered
any injury, let him bring a charge against the bishop. If however
it be a crime of ecclesiastical matters let him not speak. Nor
shall another condemned before, speak. Let not one
excommunicated, or cast forth, or charged with any crimes speak, until
he is cleared of them. But those who should bring the charge are
the orthodox, who are communicants, uncondemned, unaccused. Let
the case be heard by the provincials. If however they are not
able to decide the case, let them have recourse to a greater synod and
let them not be heard, without a written declaration of liability to
the same sufferings [
i.e.
of their readiness to be tried by
the
lex
talionis
.] But
should anyone contrary to the provisions appeal to the Emperor and
trouble him, let such be cast forth.
The phrase “who have the administration of the
Churches,” Hatch in his Bampton Lectures (Lect. I., p. 41)
erroneously supposes to refer only to the administration of the
Church’s alms. But this, as Dr. Bright well points out
(“Notes on the Canons,”
in loc
.) cannot be the
meaning of
οἰκοναμεῖν
when used absolutely as in this canon. He says, “When a
merely ‘economic’ function is intended, the context shows
it, as in Chalcedon, Canon xxvj.” He also points out that
in Canon ij., and in Eusebius (
H. E.
iv., 4), and when St. Basil
wishes his brother to
οἰκονομεῖν
a church suited to his temperament (
Epist
. xcviij., 2) the
meaning of the word is evidently spiritual stewardship.
Zonaras.
By “those who were cast out of the Church”
are to be understood those who were altogether cut off from the Church;
but by those who were “excommunicated” the holy fathers
intend all those, whether clerics or laymen, who are deprived of
communion for a set time.
Van Espen.
It is evident from the context of this canon that
“Diocese” here does not signify the district or territory
assigned to any one bishop, as we to-day use the word; but for a
district, which not only contained many episcopal districts, as today
do ecclesiastical provinces, but which contained also many provinces,
and this was the meaning of the word at the time of this
Council’s session.
Zonaras.
We call Adrianople, for example, or Philopopolis with
the bishops of each a “Province,” but the whole of Thrace
or Macedonia we call a “Diocese.” When these crimes
were brought forward to be corrected, for the judging of which the
provincial bishops were by no means sufficient, then the Canon orders
the bishops of the diocese to assemble, and determine the charges
preferred against the bishop.
Van Espen.
Both the Canon and the Civil Law require the accusers to
submit themselves to the law of retaliation (
lex
talionis
).
Vide
Gratian, Pt. II., Causa II.,
Quæst. III., 2 and 3, where we read from the decree of Pope
Hadrian; “Whoever shall not prove what he advances, shall himself
suffer the penalty due the crime he charged.” And under the
name of Damasus, “The calumniator, if he fail in proving his
accusation, shall receive his tale.” The Civil Law is in L.
x., Cod.
de Calumniatoribus
, and reads, “Whoso charges a
crime, shall not have licence to lie with impunity, since justice
requires that calumniators shall endure the punishment due the crime
which they failed to prove.”
The Council wishes that all accusations of bishops for
ecclesiastical offences shall be kept out of the secular courts, and
shall be heard by synods of bishops, in the manner and form here
prescribed, which is in accordance with the Constitution which under
the names of Valens, Gratian, and Valentinian, the Emperors, is
referred to in law xxiij. of the Code of Theodosius,
De Episcopis et
Clericis
.
Whatever may be said of the meeting of bishops at which
this canon was enacted, this is clear, no mention was made of the Roman
Pontiff, nor of the Council of Sardica, as Fleury notes in his
Histoire Ecclesiastique
, Lib. xviij., n. 8. From this it
is evident either that at that time the Orientals did not admit,
especially for bishops, appeals to the Roman Pontiff; nor did they
accept the authority of the Synod of Sardica, in so far as it permitted
that the sentence given in a provincial synod, should be reopened by
the neighbouring bishops together with the bishops of the province, and
if it seemed good, that the cause might be referred to
Rome.