LET the ancient customs in Egypt, Libya and Pentapolis prevail, that the Bishop of Alexandria have jurisdiction in all these, since the like is customary for the Bishop of Rome also. Likewise in Antioch and the other provinces, let the Churches retain their privileges. And this is to be universally understood, that if any one be made bishop without the consent of the Metropolitan, the great Synod has declared that such a man ought not to be a bishop. If, however, two or three bishops shall from natural love of contradiction, oppose the common suffrage of the rest, it being reasonable and in accordance with the ecclesiastical law, then let the choice of the majority prevail.
NOTES.
ANCIENT EPITOME OF CANON VI.
The Bishop of Alexandria shall have jurisdiction over Egypt, Libya, and Pentapolis. As also the Roman bishop over those subject to Rome. So, too, the Bishop of Antioch and the rest over those who are under them. If any be a bishop contrary to the judgment of the Metropolitan, let him be no bishop. Provided it be in accordance with the canons by the suffrage of the majority, if three object, their objection shall be of no force.
Many, probably most, commentators have considered this the most important and most interesting of all the Nicene canons, and a whole library of works has been written upon it, some of the works asserting and some denying what are commonly called the Papal claims. If any one wishes to see a list of the most famous of these works he will find it in Phillips's Kirchenrecht (Bd. ii. S. 35). I shall reserve what I have to say upon this subject to the notes on a canon which seems really to deal with it, confining myself here to an elucidation of the words found in the canon before us.
HAMMOND, W. A.
The object and intention of this canon seems clearly to have been, not to introduce any new powers or regulations into the Church, but to confirm and establish ancient customs already existing. This, indeed, is evident from the very first words of it: "Let the ancient customs be maintained." It appears to have been made with particular reference to the case of the Church of Alexandria, which had been troubled by the irregular proceedings of Miletius, and to confirm the ancient privileges of that see which he had invaded. The latter part of it, however, applies to all Metropolitans, and confirms all their ancient privileges.
FFOULKES.
(Dict. Christ. Antiq. voce Council of Nicaea).
The first half of the canon enacts merely that what had long been customary with respect to such persons in every province should become law, beginning with the province where this principle had been infringed; while the second half declares what was in future to be received as law on two points which custom had not as yet expressly ruled. ... Nobody disputes the meaning of this last half; nor, in fact, would the meaning of the first half have been questioned, had it not included Rome. ... Nobody can maintain that the bishops of Antioch and Alexandria were called patriarchs then, or that the jurisdiction they had then was co-extensive with what they had afterward, when they were so called. ... It is on this clause ["since the like is customary for the Bishops of Rome also"] standing parenthetically between what is decreed for the particular cases of Egypt and Antioch, and in consequence of the interpretation given to it by Rufinus, more particularly, that so much strife has been raised. Rufinus may rank low as a translator, yet, being a native of Aquileia, he cannot have been ignorant of Roman ways, nor, on the other hand, had he greatly misrepresented them, would his version have waited till the seventeenth century to be impeached.
HEFELE.
The sense of the first words of the canon is as follows: "This ancient right is assigned to the Bishop of Alexandria which places under his jurisdiction the whole diocese of Egypt." It is without any reason, then, that the French Protestant Salmasius (Saumaise), the Anglican Beveridge, and the Gallican Launoy, try to show that the Council of Nice granted to the Bishop of Alexandria only the rights of ordinary metropolitans.
BISHOP STILLINGFLEET.
I do confess there was something peculiar in the case of the Bishop of Alexandria, for all the provinces of Egypt were under his immediate care, which was Patriarchal as to extent, but Metropolical in the administration.
JUSTELLUS.
This authority (<greek>exousia</greek>) is that of a Metropolitan which the Nicene Fathers decreed to be his due over the three provinces named in this canon, Egypt, Libya, and Pentapolis, which made up the whole diocese of Egypt, as well in matters civil as ecclesiastical.
On this important question Hefele refers to the dissertation of Dupin, in his work De Antiqua Ecclesoe Disciplina. Hefele says: "It seems to me beyond a doubt that in this canon there is a question about that which was afterward calm the patriarchate of the Bishop of Alexandria; that is to say that he had a certain recognized ecclesiastical authority, not only over several civil provinces, but also over several ecclesiastical provinces (which had their own metropolitans);" and further on (p. 392) he adds: "It is incontestable that the civil provinces of Egypt, Libya, Pentapolis and Thebais, which were all in subjection to the Bishop of Alexandria, were also ecclesiastical provinces with their own metropolitans; and consequently it is not the ordinary fights of metropolitans that the Sixth Canon of Nice confers on the Bishop of Alexandria, but the rights of a superior Metropolitan, that is, of a Patriarch."
There only remains to see what were the bounds of the jurisdiction of the Bishop of Antioch. The civil diocese of Oriens is shown by the Second Canon of Constantinople to be conterminous with what was afterward called the Patriarchate of Antioch. The see of Antioch had, as we know, several metropolitans subject to it, among them Caesarea, under whose jurisdiction was Palestine. Justellus, however, is of opinion that Pope Innocent I. was in error when he asserted that all the Metropolitans of Oriens were to be ordained by him by any peculiar authority, and goes so far as to stigmatize his words as "contrary to the mind of the Nicene Synod."(1)
EXCURSUS ON THE EXTENT OF THE JURISDICTION OF THE BISHOP OF ROME OVER THE SUBURBICAN CHURCHES.
Although, as Hefele well says, "It is evident that the Council has not in view here the primacy of the Bishop of Rome over the whole Church, but simply his power as a patriarch," yet it may not be unimportant to consider what his patriarchal limits may have been.
(Hefele, Hist. Councils, Vol. I., p. 397.)
The translation of this [VI.] canon by Rufinus has been especially an apple of discord. Et ut apud Alexandriam et in urbe Roma vetusta consuetudo servetur, ut vel ille Egypti vel hic suburbicariarum ecclesiarum sollicitudinem gerat. In the seventeenth century this sentence of Rufinus gave rise to a very lively discussion between the celebrated jurist, Jacob Gothfried (Gothofredus), and his friend, Salmasius, on one side, and the Jesuit, Sirmond, on the other. The great prefecture of Italy, which contained about a third of the whole Roman Empire, was divided into four vicariates, among which the vicariate of Rome was the first. At its head were two officers, the proefectus urbi and the vicarius urbis. The proefectus urbi exercised authority over the city of Rome, and further in a suburban circle as far as the hundredth milestone, The boundary of the vicarins urbis comprised ten provinces--Campania, Tuscia with Ombria, Picenum, Valeria, Samnium, Apulia with Calabria, Lucania and that of the Brutii, Sicily, Sardinia, and Corsica. Gothfried and Salmasius maintained, that by the regiones suburbicarioe the little territory of the proefectus urbi must be understood; while, according to Sirmond, these words designate the whole territory of the vicarius urbis. In our time Dr. Maasen has proved in his book,(2) already quoted several times, that Gothfried and Salmasius were right in maintaining that, by the regiones suburbicarioe, the little territory of the proefectus urbi must be alone understood.
Hefele thinks that Phillips "has proved" that the Bishop of Rome had patriarchal rights over places outside the limits of the ten provinces of the vicarius urbis; but does not agree with Phillips in thinking Rufinus in error. As a matter of fact the point is a difficult one, and has little to do with the gist of the meaning of the canon. One thing is certain: the early Latin version of the canons, called the Prisca, was not satisfied with the Greek wording and made the Canon read thus: "It is of ancient custom that the bishop of the city of Rome should have a primacy (principatum), so that he should govern with care the suburban places, AND ALL HIA OWN PROVINCE."(1) Another interesting reading is that found in several MSS. which begins, "The Church of Rome hath always had a primacy (primatum)," and as a matter of fact the early date of this addition is evinced by the fact that the canon was actually quoted in this shape by Paschasinus at the Council of Chalcedon.
Hefele further on says, "The Greek commentators Zonaras and Balsamon (of the twelfth century) say very explicitly, in their explanation of the Canons of Nice, that this sixth canon confirms the rights of the Bishop of Rome as patriarch over the whole West," and refers to Beveridge's Syodicon, Tom. I., pp. 66 and 67. After diligent search I can find nothing to warrant the great amplitude of this statement. Balsamon's interpretation is very vague, being simply that the Bishop of Rome is over the Western Eparchies (<greek>tpn</greek> <greek>esperiwn</greek> <greek>eparkiwn</greek>) and Zonaras still more vaguely says that <greek>tpn</greek> <greek>esperiwn</greek> <greek>arkein</greek> <greek>eqos</greek> <greek>ekrathse</greek>. That the whole West was in a general way understood to be in the Roman Patriarchate I have no doubt, that the Greek scholiasts just quoted deemed it to be so I think most probably the case, but it does not seem to me that they have said so in the particular place cited. It seems to me that all they meant to say was that the custom observed at Alexandria and Antioch was no purely Eastern and local thing, for a similar state of affairs was found in the West.