Canon V.
any presbyter or deacon, despising this own bishop, has separated himself from the Church, and gathered a private assembly, and set up an altar; and if, when summoned by his bishop, he shall refuse to be persuaded and will not obey, even though he summon him a first and a second time, let such an one be wholly deposed and have no further remedy, neither be capable of regaining his rank. And if he persist in troubling and disturbing the Church, let him be corrected, as a seditious person, by the civil power.
Notes.
Any presbyter or deacon who spurns his bishop, and
withdraws from him, and sets up another altar, if after being thrice
called by the bishop, he shall persist in his arrogancy, let him be
deposed and be deprived of all hope of restoration.
It will be noted that the Ancient Epitome mentions three
warnings, and the canon only two. The epitome in this evidently
follows the Apostolical Canon, number thirty-one. It is somewhat
curious that Aristenus in commenting on this canon does not note the
discrepancy.
This canon, together with the preceding was read from
the Code of Canons at the Council of Chalcedon, at the Fourth Session
in connexion with the case of Carosus and Dorothœus, and of other
monks who adhered to them. And a sentence in accordance with them
was conceived in these words against those who would not obey the
Council in the condemnation of Eutyches, “Let them know that they
together with the monks who are with them, are deprived of grade, and
of all dignity, and of communion, as well as he, so that they cease to
preside over their monasteries: and if they attempt to escape, this holy and universal great council decrees the same punishment shall attach to them, that is to say the external authority, according to the divine and holy laws of the Fathers, shall carry out the sentence passed against the contumacious.”
This canon shews that monks and clerics who were
rebellious were sometimes coerced by the Secular Power, when the
ecclesiastical power was not sufficient to coerce them, and hence it
was that the secular arm was called in.
Compare with this Apostolic Canon XXXI.
The last clause of this canon is found in the Corpus
Juris Canonici, Gratian’s Decretum, Pars II. Causa
XI., Quæst VIII. Can. vij. (The Latin however for “by
the civil power” is, as is pointed out by the Roman Correctors, per forinsecam potestatem or per forasticam potestatem.