So-called First-and-Second Council

32. It has pleased the Council to prohibit the reading of anything besides the canonical Scriptures in church under color of divine Scriptures. The canonical Scriptures are the following, to wit: Genesis, Exodus, Leviticus, Numbers, euteronomy, Joshua the son of Nun, Judges, Reigns 4, Paralipomena 2 books, Job, the Psalter, the 4 books of Solomon, the 12 books of the Prophets, Isaiah, Jeremiah, Ezekiel, Daniel, Tobit, Judith, Esther, the 2 books of Ezra; of the New Testament, the 4 Gospels, Acts of the Apostles (one book), the 14 Epistles of Paul, the 2 of Peter the Apostle, the 3 of John the Apostle, the 1 of James the Apostle, the 1 of Jude the Apostle, the Revelation of John (1 book).

(Ap. c. LXXXV; cc. LI, LX of Laodicea; c. XIV of Carthage; St. Gregory the Theologian in his Epics; canonical epistle of St. Athanasius 39; Amphiloch. Iconious diiamb).

Interpretation.

The present Canon decrees that in church nothing else shell be read that purports to be any Holy Scriptures besides these canonical books which arc herein mentioned by name, and concerning which see also An c. LXXXV and the Footnote thereto.

33. It is decreed that Subdeacons who attend to the Mysteries, and Deacons and Presbyters, and even Bishops, on the same terms, must abstain from their wives, so as to be as though they had none; which if they foil to do they shall be removed from office. As for the rest of the Clerics, they shall not be compelled to do this, unless they be of an advanced age; but the rule ought to be kept in accordance with the custom of each particular church.

(Ap. c. V; cc. XII, XIII, XXX, XLVIII of the 6th; c. IV of Gangra; cc. III, IV, XIX of Carthage; I Cor. 7:29.).

Interpretation.

The present Canon, in a manner similar to that of cc. Ill and IV of this C., decrees to the effect that the subdeacons who attend to the Mysteries (concerning which see c. XV of the 6th), and deacons and bishops, must maintain a state of virginity and keep away from their wives by common consent,¹⁸⁹ in accordance writh the terms and vows they made before their ordination, in order to conform with that Apostolic saying that even if they have wives it is as though they had none at all. But if they fail to keep this rule, they are to forfeit their rank and. order of their sacerdocy, or, more expressly speaking, they are to be deposed from office. But as regards the rest of the lower clerics, namely, Anagnosts, Psalts, Janitors (i.e., doorkeepers), Exorcists, and the others, they are not to be compelled to remain virgins in abstinence from their wives, except only when they reach what is called old age (for though according to St. Basil the Great sobriety in old age is not sobriety, but powcrlessness for licentious behavior, one who fails to keep sober and continent in his old age is certainly very licentious and dissolute, and of a sort such as a cleric ought not to be); but they ought to follow whatever custom obtains in the particular church to which the cleric in question belongs. The 6th EC. C., in its c. XIII, took the expression “on the same terms” to stand for the meaning of the expression “in the same parishes.” And read that c. and its c. XII, Ap. c. V, and c. XIX of the present C.

34. It has pleased the Council to decree that no one shall sell any ecclesiastical property, or anything owned by a, church; which thing, if it affords no revenue, and there is a serious exigency, should be presented to the eyes of the Primate (or Chief Bishop), and together with the fixed number of Bishops, he should deliberate as to what ought to be done with it. But if there be such an urgent exigency of the church as to preclude deliberation before the sale, the Bishop must call in neighboring Bishops as witnesses, taking care to point out to the Sinod all the circumstances that have beset his church; which if he fail to do so he shall be responsible to God and to the Synod, and shall be alienated from his own honor.

(An cc XXXI, XLI; c. XII of the 7th; c. XV of Ancyra; c. XXIV of Antioch; c. XLI of Carthage; c. II of Cyril.).

Interpretation.

Church property ought to be inalienable and irremovable from the churches owning it. For this reason the present Canon forbids every bishop to sell anything belonging to his church. But if it should happen that any real estate of a church fails to produce fruits or a profit, and an occasion arises in which it becomes necessary to sell the property owing to some urgent exigency, the bishop must communicate this fact to the Metropolitan, and they must take counsel and deliberate concerning this matter with the twelve bishops appointed for this purpose. But if there should ensue any such great urgency that time does not suffice for such interrogation and the holding of a deliberate council, he must at least call in the neighboring bishops as witnesses, in order to be able to use their testimony as evidence to show to the Synod which is held annually and declare all the circumstances and needs of his church, on account of which he was compelled to sell the real estate. If he fail to do this, he is to become responsible both to God and to the Synod, and is to be shorn of his prelatical dignity and deposed from office. See also Ap. c. XXXVIII.

35. It has likewise been decided that if at any time Presbyters or Deacons be proved to be guilty of any grave offense¹⁹⁰ which would necessarily render them liable to removal from the ministry, let no hands be laid upon them as penitents, or as faithful laymen, nor let them advance to any rank of the Clergy because of their being rebaptized.

(Ap. cc. XXV, XLVII, LXVIII; cc. of Basil III, XXXII, XLIV, LI; c. XXI of the 6th; c. LVII of Carthage.).

Interpretation.

It used to be a custom whenever sinners repented and confessed their sins on coming to church, the bishops would lay their hands upon them, or with their consent and approval the priests would do so, inside the church, that is to say.¹⁹¹ and then by uttering prayers they would excommunicate them and assign them the stations of penitents, each of them according to the particular sin he was guilty of. The present Canon therefore is decreeing that that act of laying on the hands is not to be performed in regard to those presbyters and deacons who have been proved guilty of any grave offense and on this account have been deposed from holy orders, nor are such persons to be placed in the stations assigned to the penitent faithful laymen of the church, and be, like these, excommunicated. For the chastisement alone of deposition from office is sufficient for them according to Ap. c. XV, which the reader is advised to consult. Nor ought such excommunicated persons to be rebaptized in order that by allegedly being purified through baptism they may be considered to have been freed from the sins they committed, and be again ordained priests and, deacons, since it is an impiety for holy baptism to be done over again (and concerning this see Ap. c. XLVII) and for an ordination to be repeated., according to Ap. c. LXVIII.

36. It has pleased the Council to decree that in the event that Presbyters and Deacons and the rest of the lower Clerics complain about the courts of their own bishops in reference to whatever causes they may have, the neighboring Bishops shall hear their cases, and with the consent and approval of the same Bishop, the Bishops invited by them shall dispose of their differences. Wherefore, though they may think that they have a right to appeal in regard thereto, let them not carry the appeal to courts overseas, but only to the primates of their own provinces, as has been prescribed many times in regard to Bishops. As for those men who do take an appeal to overseas courts, let them be admitted, by no one in Africa to communion.

(c. VI of the 2nd; c. IX of the 4th; cc. XI, CXXXIX of Carthage.).

Interpretation.

The present Canon decrees that presbyters and deacons and the lower clerics must have their cases tried by their own bishop. If, however, they should complain about the trial held and the decision rendered by their own bishop, they ought to invite the nearby and neighboring bishops, in order that they and the bishops who tried their case may consider their differences. But if they will not accept the trial held by neighboring bishops whom they have invited, they must appeal their case to the Metropolitan of their province, just as we directed to be done in the cases of bishops. If, however, they take an appeal to courts overseas, i.e., those of Italy and of Rome,¹⁹² or, more generally speaking, to remote courts or those beyond their boundaries, let them be excluded from communion by all the bishops of Africa. Canon CXXXIV of this same C. is almost identically the same as the present Canon. Read also c. VI of the 2nd, and c. IX of the 4th, and c. XI of this same C. See also the Footnote to c. IV of Antioch.

37. It has pleased the whole Council to decree that in regard to anyone on account of his indolence, whether a Bishop or any Cleric whatsoever, who has been denied communion, if during the time of his communion before he has been heard he should dare to participate in communion, let him himself be judged to have pronounced sentence upon himself.

(Ap. ee. XII, XIII, XXXII; c. V of the 1st; c. VI of Antioch; c. XIV of Sardica.).

Interpretation.

A bishop, or any other cleric whatever, who has been excommunicated 011 account of the sin of negligence, but who insists that he was not excommunicated justly, ought nevertheless to remain under the penalty of excommunication and of exclusion from communion until his case has been examined by others who are his superiors. But if before it has been examined and determined whether or not he was excommunicated for a good reason he should himself dare to commune with others and to trample underfoot the excommunication, it is manifest that by this show of contempt he is causing a rightful verdict of condemnation to be pronounced against himself, as the present Canon decrees. See also Ap. c. XXXII.

38. It has pleased the Council to decree that a person accused or the one accusing him is in fear of violence at the hands of an impetuous mob in the region from which the one accused hails, he shall choose himself a region that is the nearest thereto where he will have no difficulty in producing witnesses and where the matter can be settled.

(Ap. c. LXXV; c. II of the 1st; c. CXL of Carthage.).

Interpretation.

If clerics happen to have a dispute with each other, and one of them, the plaintiff, that is to say, is afraid to have the case tried in the home region of the cleric who is being accused by him and being made the subject of charges or being cited before a court, either by reason of a fear that the defendant’s relatives and friends may rise up against him, or because of his being unable to bring witnesses for the prosecution to that place — if, I say, the accuser is afraid, the present Canon decrees that he shall be allowed to choose some other region near there in which his case be tried. I said “near there” so that the judges could go there too to y it, and the witnesses could easily offer their testimony, and consequently that the case being tried can be brought to a conclusion; and not for to be allowed to choose a region where it would be difficult for the judges and the witnesses to go, and the trial might consequently never be finished — as is done by some cunning persons who want to escape trial because they know that they are wrong. See also Ap. c. LXXV.

39. It has pleased the Council to decree that if any Clerics or Deacons whatever to obey the orders of their Bishop when the latter wishes to advance them to a higher position for cogent reasons of their churches, then and in that case neither shall they serve in the capacity of the rank which they refused to leave.

(c. of Basil LXXXIX.).

Interpretation.

All men who become Anagnosts, Psalts, Subdeacons, or mere clerics and servants of the Church must be so worthy that whenever the need calls for it they may be promoted to higher ranks in holy orders, as is disclosed by St. Basil the Great in his canonical epistle addressed to chorepiscopi, which constitutes his c. LXXXIX. For this reason the present Canon decrees that all clerics and deacons, i.e., servants (for the Greek noun diaconi, or deacons, is here taken with reference to all servants, according to Zonaras, and not only with reference to persons who have been ordained deacons; and this is plainly evident also from the Greek verb diaconeso, meaning to serve, which is employed further below) — all clerics, I say, and servants who fail to comply with the orders of their bishops, who on account of some need or want of their churches are inclined to promote them to higher ranks, as, for instance, subdeacons to deacons, or deacons to presbyters — these persons, I say, shall not be allowed to remain even in that rank which they refused to leave, not because of any reverence, according to the aforesaid exegete, or because of any lack of merits or of worthiness, but owing to contemptuousness and disobedience or perhaps even to the troublesomeness or toilsomeness of the higher rank: which is the same as saying that they shall be deposed from office or ousted from service.¹⁹³

40. It has pleased the Council to decree with regard to Bishops, Presbyters, Deacons, or any Clerics whatever, who owned nothing to begin with, that if in the course of their service in an episcopate or during their office, they buy any fields or any territories whatever in their own name, they are to be considered as though guilty of having made an inroad upon the Lord’s business or the Lord’s things, unless they should therefore when reminded of this agree to donate these things to the Church. If, on the other hand, the liberality of anyone or succession by descent should bring them anything personally, even of that they shall bestow upon the Church whatever portion they are willing to give her. But if even after offering it to her, they should backslide, or go back on their word, being unworthy of ecclesiastical honor, let them be judged to be reprobates.

(Ap. c. XL; c. XXIV of Antioch; c. XXTI of the 4th; e. XXXV of the 6th; cc. XXX, LXXXIX of Carthage.).

Interpretation.

The present Canon decrees that all bishops, presbyters, deacons, and mere clerics who were formerly poor but who have acquired subsequently to the episcopate or the clericate latifundia (i.e., large landed estates), or any other farming lands or real estate whatsoever — all these persons, I say, if they refuse to dedicate that property to that church of which they are bishops or clerics, shall be deposed from office, as being graspers and having robberlike usurped church property, since it was with the money which they derived from the Church that they purchased it. But from property which they came by either through inheritance from relatives of theirs or HS a result of the liberality of somebody or a gift given to them personally (or at any rate not in order to have them distribute it, to poor people, say, or to spend it on slaves; for they are not required to dedicate such things to the Church; but. on the contrary, in order that they may keep it for themselves), even of those things, I say, they ought to leave to their church that which they are inclined to give her. But if they at first are minded to give her some of it, and afterwards repent, they are to be judged unworthy of the ecclesiastical rank which they have, on the ground that they are useless and reprobate creatures. Read also Ap. c. XL.

41. It has pleased the Council to decree that Presbyters shall not sell any property of the Church in which they were ordained if it be without the consent and approval of their own Bishop, in like manner as it is not permissible to Bishops to sell any lands of the Church without the knowledge of the Synod or of their own Presbyters. There being therefore no need or necessity, neither is it permissible to a Bishop to misappropriate or embezzle anything out of the funds, or “title” of the ecclesiastical treasury, or “matrix”

(Ap. cc. XXXVIII, XLI; c. XXVI of the 4th; cc. XI, XII of the 7th; cc. XXIV, XXV of Antioch; c. XV of Ancyra; c. VII of Gangra; c. XXXIV of Cartilage; c. X of Theophilus; c. II of Cyril.).

Interpretation.

Neither have presbyters, according to this Canon, any right or permission to sell any property of that church to which it has been dedicated, without the consent and approval of their bishops; nor, conversely, have bishops any right or permission., without any necessity, to sell, or to misuse, anything that is listed in the title (for the superscription and the cause, and the book itself are called the title) of the Ecclesiastical Matrix,¹⁹⁴ or register, which is the same as saying whatever is recorded in the Codex of the Episcopate, without the consent and knowledge of the Synod and of his presbyters, since they too must have cognizance of matters concerning the government and administration of the affairs of the church, and especially their stewards, or oeconomi. See Ap. c. XXXVIII.

42.¹⁹⁵ It is decreed that Bishops and Clerics shall not let their children go away sui juris, i.e., with the right to choose for themselves what they are to do, by virtue of an emancipation, unless they are convinced as touching their manners and their age. Lest they lead them into sins.

(o. XV of Gangra.).

Interpretation.

The word emancipation is Latin (though written in Greek characters in the above Canon). It denotes the right of self-control given by fathers to their sons when they are not yet of age. So what the present Canon says is that bishops and clerics may not set their children free and emancipate them from their control unless they have first become convinced by works i.e., deeds, that not only are they well-intentioned (i.e., good in mind) but also that they have attained to the age of discretion and know how to manage themselves. Since if they should set them free before having trained them in regard to what is good and what is virtuous and before they have attained to the age that is susceptible of reason and prudence (see the Footnote to c. XL of the 6th), they themselves will be accomplices in the sins of their children which the latter will commit after being left free to do as they please.¹⁹⁶ See also c. XV of Gangra.

43. It is decreed that Bishops, Deacons, and Presbyters shall not be ordained before they have made all persons in their home Orthodox Christians.

(Ap. c. LXXXII.).

Interpretation.

If bishops and deacons and presbyters are under obligation to teach all others who are disbelievers and misbelievers, and to guide them into Orthodoxy, how much more they are obliged to do so with unbelieving and heretical children, or mayhap women or slaves or servants in their own house! Therefore the present Canon decrees that they themselves are not to be ordained bishops, or presbyters, or deacons unless they first make all the members of their household. “For,” says St. Paul, “If anyone know not how to rule his own household, how shall he take care of the church of God?” (I Tim. 3:5).

44. It is decreed that in the sanctuary nothing else than the body and the blood of the Lord shall be offered, as the Lord Himself prescribed, that is, bread and wine mixed with water. As for first-fruits, whether honey or milk, at the Mystery of the infants, though for the most part offered at the altar, let it nevertheless have a blessing of its own in proper fashion, so that it may stand apart from the sanctification of the Lord’s body and blood. But let nothing else be offered among firstfruits than grapes and grain (or wheat).

(Ap. cc. Ill, IV; cc. XXVIII, XXXII, LVII, XCIX of the 6th.).

Interpretation.

The present Canon commands that nothing else shall be offered at the Holy Mysteries but bread, on the one hand, to be transessentiated into the body of Christ, and on the other hand wine to be turned into the blood of Christ, and water to be mixed with the wine, to serve as a type, or typification, of the water which came out of the Lord’s side. But inasmuch as it had become customary for milk and honey to be offered at the altar on a certain fixed day for the Mystery of the infants (that is to say, in behalf of and for the purpose of helping and saving infants, who are nourished mainly with milk and honey, in accordance with that prophetic utterance saying, “butter — a product of milk — and honey shall the child — sc. Jesus — eat,” by way of indicating the true humanity, as Coressios interprets this passage), let them be offered, but yet with care not to combine these things with the Lord’s body and blood, of course, but, on the contrary, in such a manner that they may have a peculiar and special place and blessing, as firstfruits. Of other firstfruits of produce and crops nothing else is to be offered at the altar but grapes and ears of wheat when they become ripe. Read also Ap. c. Ill, and c. XXXII of the 6th, from which the present Canon has been taken verbatim. The offering of honey and of milk, however, was repealed, or rather modified, by c. LVII of the same 6th.

45. Clerics or continent men shall not, except by special permission and consent of their own Bishop, or of the Presbyters, come into the presence of widows or of virgins. And let them not do so by themselves (i.e., all alone), either, but only when accompanied by fellow clerics or by persons with whom Bishops and Presbyters alone have admission to women of that description, or where there are present Clerics or some honorable Christians.

(c. Ill of the 1st; cc. XVIII, XXII of the 7th; c. XIX of Ancyra; c. LXXXIX of Basil.).

Interpretation.

On account of the suspicions of the majority of people the present Canon forbids clerics or continent men¹⁹⁷ to enter the houses of widows or virgins, except only if they enter by leave and permission of the bishop (if he himself, that is to say, needs to send them), or with his consent (if they ask to go of their own accord). Yet even when the bishop allows them to do so or complies with their request, let them not enter the homes of such females all alone, but only together with their fellow clerics, or together with those men with whom bishops and presbyters are accustomed to visit such women, or let them converse with those women in places where there are clerics and some other honorable Christians present, for the sake of avoiding scandal. See also c. Ill of the First EC. C.

46. It is decreed that the Bishop of the chief see shall not be called the Exarch of the Priests, or the High Priest, or anything else of the kind, but only Bishop of the chief see.

(Ap. c. XXXIV.).

Interpretation.

As a rebuke to the arrogance and self-conceitedness of some ecclesiastics, the present Canon decrees that the bishop of the chief see is not to be called the Exarch of Priests, or the High Priest,¹⁹⁸ or any other high-sounding and proud name. For this is alien to and unbecoming to bishops, the imitators of Jesus the humble-hearted. Instead, they are only to be called the bishop of the chief see. See the Footnote to Ap. c. XXXIV.

47. It is decreed that Clerics shall not enter taverns for the purpose of eating or drinking, unless when driven to them for shelter.

(Ap. cc. XLII, XLIII, LIV; cc. IX, L of the 6th; c. XXII of the 7th; cc. XXIV, LV of Laodicea.).

Interpretation.

Clerics must not enter taverns in order to eat and drink, according to the present Canon, unless they be compelled to do so as wayfarers in need of a place to put up for the night or a place of shelter (Note of Translator.-The Greek words in the original here indicate that what the authors had in mind was what would nowadays be termed an inn or hotel, and not what is now known as a tavern or “pub,” a place that no religious zealot such as priest or deacon ought to be allowed to enter under any circumstances or pretext whatsoever.).