Canon XXIII.
It
shall not be lawful for a
bishop, even at the close of life, to appoint another as successor to
himself; and if any such thing should be done, the appointment shall be
void. But the ecclesiastical law must be observed, that a bishop
must not be appointed otherwise than by a synod and with the judgment
of the bishops, who have the authority to promote the man who is
worthy, after the falling asleep of him who has ceased from his
labours.
Notes.
Ancient Epitome of Canon
XXIII.
A dying bishop shall not appoint another bishop.
But when he is dead a worthy successor shall be provided by a synod of
those who have this power.
Nothing could be more important than the provision of
this canon. It is evidently intended to prevent nepotism in every
form, and to leave the appointment to the vacant
see absolutely to the free choice of the
Metropolitan and his synod. The history of the Church, and its
present practice, is a curious commentary upon the ancient legislation,
and the appointment of coadjutor bishops
cum jure successionis
,
so common in later days, seems to be a somewhat ingenious way of
escaping the force of the canon. Van Espen, however, reminds his
readers of the most interesting case of St. Augustine of Hippo (which
he himself narrates in his Epistle CCXIII.) of how he was chosen by his
predecessor as bishop of Hippo, both he and the then bishop being
ignorant of the fact that it was prohibited by the canons. And
how when in his old age the people wished him to have one chosen bishop
to help him till his death and to succeed him afterwards, he declined
saying: “What was worthy of blame in my own case, shall not
be a blot likewise upon my son.” He did not hesitate to say
who he thought most worthy to succeed him, but he added, “he
shall be a presbyter, as he is, and when God so wills he shall be a
bishop.” Van Espen adds; “All this should be read
carefully that thence may be learned how St. Augustine set an example
to bishops and pastors of taking all the pains possible that after
their deaths true pastors, and not thieves and wolves, should enter
into their flocks, who in a short time would destroy all they had
accomplished by so much labour in so long a time.” (Cf.
Eusebius.
H. E.
, Lib. VI., cap. xj. and cap. xxxij.)
Compare Apostolic Canon number LXXVI.
This canon is found in the
Corpus Juris Canonici
,
Gratian’s
Decretum
, Pars II., Causa VIII., Quæst. I.,
can. III., in Dionysius’s version, and again Canon IV. in that of
Martin Bracarensis.