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Edited from a variety of translations (mentioned in the preface) by H. R. Percival. Cf. The Symbol of Faith (Creed), as Defined by the Second Ecumenical Council, Bilingual - Greek / English - text, translated by Elpenor.
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34 Pages
Page 30
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., Quaest. 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.
Warning to the Reader Touching Canon VII.
(Beveridge, Synodicon, Tom. II., in loc.)
This canon, I confess, is contained in all the editions of the Commentaries of Balsamon and Zonaras. It is cited also by Photius in Nomocanon, Tit. xii. ch. xiv., besides it is extant in a contracted form in the Epitome of Alexius Aristenus. But it is wanting in all the Latin versions of the Canons, in the ancient translations of Dionys. Exig., Isidore Mercator, etc.; also in the Epitome of Sym. Logothet., and the Arabic paraphrase of Josephus aegyp., and what is particularly to be observed, in the collection and nomocanon of John of Antioch; and this not through want of attention on his part, as is clear from this namely, that in the order of the Canons as given by him he attributes six Canons only to this second General Council, saying "...of the Fathers who assembled at Constantinople, by whom six Canons were set forth," so that it is clear the present was not reckoned among the canons of this council in those days. Nay, the whole composition of this canon clearly indicates that it is to be ascribed, neither to this present council, nor to any other (unless perhaps to that of Trullo, of which we shall speak afterwards). For nothing is appointed in it, nothing confirmed, but a certain ancient custom of receiving converted heretics, is here merely recited.
(Hefele, History of the Councils, Vol. II., p. 368.)
As we possess a letter from the Church at Constantinople in the middle of the fifth century to Bishop Martyrius of Antioch, in which the same subject is referred to in a precisely similar way, Beveridge is probably right in conjecturing that the canon was only an extract from this letter to Martyrius; therefore in no way a decree of the second General Council, nor even of the Synod of 382, but at least eighty years later than the latter. This canon, with an addition, was afterwards adopted by the Quinisext Synod as its ninety-fifth, without, however, giving its origin.
Reference address : https://elpenor.org/ecumenical-councils/second.asp?pg=30
