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Edited from a variety of translations (mentioned in the preface) by H. R. Percival
THE ECUMENICAL COUNCILS Resources Online and in Print
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69 Pages
Page 44
Canon XII.
It has come to our knowledge that certain persons, contrary to the laws of the Church, having had recourse to secular powers, have by means of imperial rescripts divided one Province into two, so that there are consequently two metropolitans in one province; therefore the holy Synod has decreed that for the future no such thing shall be attempted by a bishop, since he who shall undertake it shall be degraded from his rank. But the cities which have already been honoured by means of imperial letters with the name of metropolis, and the bishops in charge of them, shall take the bare title, all metropolitan rights being preserved to the true Metropolis.
Notes.
Ancient Epitome of Canon XII.
One province shall not be cut into two. Whoever shall do this shall be cast out of the episcopate. Such cities as are cut off by imperial rescript shall enjoy only the honour of having a bishop settled in them: but all the rights pertaining to the true metropolis shall be preserved.
Bright.
We learn from this canon, there were cases in which an ambitious prelate, "by making application to the government" ("secular powers") had obtained what are called "pragmatic letters," and employed them for the purpose of "dividing one province into two," and exalting himself as a metropolitan. The name of a "pragmatic sanction" is more familiar in regard to medieval and modern history; it recalls the name of St. Louis, and, still more, that of the Emperor Charles VI. the father of Maria Theresa. Properly a "pragmatic" was a deliberate order promulgated by the Emperor after full hearing of advice, on some public affair. We find "pragmatici nostri statuta" in a law of a.d. 431. (Cod. Theod., xi. 1, 36); and "pragmatici prioris," "sub hac pragmatica jussione," in ordinances in Append. to Cod. Theod., pp. 95, 162; and the empress Pulcheria, about a year before the Council, had informed Leo that her husband Marcian had recalled some exiled orthodox bishops "robore pragmatici sui" (Leon., Epist. lxxvij.). Justinian speaks of "pragmaticas nostras formas" and "pragmaticum typum" (Novel., 7, 9, etc.). The phrase was adopted from his legislation by Louis the Pious and his colleague-son Lothar (compare Novel. 7, 2 with Pertz, Mon. Germ, Hist. Leg., i., 254), and hence it came to be used both by later German emperors (see, e.g., Bryce's Holy Roman Empire, p. 212), and by the French kings (Kitchin, Hist. France, i. 343, 544). Augustine explains it by "praeceptum imperatoris" (Brev. Collat. cum Donatist. iii., 2), and Balsamon in his comment uses an equivalent phrase; and so in the record of the fourth session of Chalcedon we have theia grammata ("divine" being practically equivalent to "imperial") explained by pragmatikous tupous (Mansi, vii., 89).
Reference address : https://elpenor.org/ecumenical-councils/fourth.asp?pg=44
