Canon XVII.
Outlying
or rural parishes shall
in every province remain subject to the bishops who now have
jurisdiction over them, particularly if the bishops have peaceably and
continuously governed them for the space of thirty years. But if
within thirty years there has been, or is, any dispute concerning them,
it is lawful for those who hold themselves aggrieved to bring their
cause before the synod of the province. And if any one be wronged
by his metropolitan, let the matter be decided by the exarch of the
diocese or by the throne of Constantinople, as aforesaid. And if
any city has been, or shall hereafter be newly erected by imperial
authority, let the order of the ecclesiastical parishes follow the
political and municipal example.
Notes.
Ancient Epitome of Canon
XVII.
Village and rural parishes if they have been possessed
for thirty years, they shall so continue. But if within that
time, the matter shall be subject to adjudication. But if by the
command of the Emperor a city be renewed, the order of ecclesiastical
parishes shall follow the civil and public forms.
Bright.
The adjective
ἐγχωρίους
is probably synonymous with
ἀγροικικάς
(“rusticas,”
Prisca
), although Dionysius and
Isidorian take in as “situated on estates,”
cf
.
Routh,
Scr. Opusc
., ii., 109. It was conceivable that some
such outlying districts might form, ecclesiastically, a border-land, it
might not be easy to assign them definitively to this or that
bishopric. In such a case, says the Council, if the bishop who is
now in possession of these rural churches can show a prescription of
thirty years in favour of his see, let them remain undisturbed in his
obedience. (Here
ἀβιάστως
may
be illustrated from
βιασάμενος
in Eph. viij. and for the use of
οἰκονομεῖν
see I. Const., ij.) But the border-land might be the
“debate-able” land: the two neighbour bishops might
dispute as to the right to tend these “sheep in the
wilderness;” as we read in Cod. Afric.,
117, “multæ controversiæ postea
inter episcopos de diœcesibus ortæ sunt, et oriuntur”
(see on I. Const., ij.); as archbishop Thomas of York, and Remigius of
Dorchester, were at issue for years “with reference to
Lindsey” (Raine,
Fasti Eborac
., i. 150).
Accordingly, the canon provides that if such a contest had arisen
within the thirty years, or should thereafter arise, the prelate who
considered himself wronged might appeal to the provincial synod.
If he should be aggrieved at the decision of his metropolitan in synod,
he might apply for redress to the
eparch
(or prefect, a
substitute for exarch) of the “diocese,” or to the see of
Constantinople (in the manner provided by canon ix.). It is
curious “that in Russia all the sees are divided into eparchies
of the first, second, and third class” (Neale,
Essays on
Liturgiology
, p. 302).
This canon is found in the
Corpus Juris Canonici
,
Gratian’s
Decretum
, Pars II., Causa XVI., Quæst.
iii., can. j., in Isidore Mercator’s version.
290
290
Hefele does not give
this reference, and Van Espen gives it incorrectly as causa xix.
instead of xvi.