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Provisions of
Decree of
Gratian.

1 Eliz. c. 1.

Second four
General
Councils.

firmatæ, hoc est in Nicæna trecentorum decem et octo, et in Constantinopolitana sanctorum centum quinquaginta patrum, et in Ephesina prima, in quâ Nestorius est damnatus, et in Chalcedonia in quâ Eutyches cum Nestorio anathematizatus est. Prædictarum etiam quatuor Synodorum dogmata sicut sanctas Scripturas accipimus et regulas sicut leges observamus" (m).

That early portion of the canon law called the Decretum, says, "Inter cætera autem Concilia quatuor esse scimus venerabiles Synodos, quæ totam principaliter fidem complectuntur, quasi quatuor evangelia, vel totidem paridisi flumina." It proceeds to enumerate the four first councils, the emperors under which they were convened, and the heresies which they condemned. "Hæ sunt quatuor Synodi principales, fidei doctrinam plenissimè prædicantes. Sed et si qua sunt alia Concilia, que sancti Patres spiritu Dei pleni sanxerunt, post istorum quatuor auctoritatem, omni manent stabilita vigore: quorum gesta in hoc opere condita continentur " (n).

According to our English statute, 1 Eliz. c. 1, s. 17 (s. 36 in one edition) (0), heresy is to be determined "by the authority of the canonical Scriptures, or by the first four general councils, or any of them, or by any other general council wherein the same was declared heresie by the express and plain words of the said Canonical Scriptures, or such as hereafter shall be ordered, judged or determined to be heresie, by the high court of parliament in this realm, with the assent of the clergy in their convocation; anything in this act contained to the contrary notwithstanding.'

The effect of these four Great Councils is thus summed up by the learned Mahan (p) :-"That Jesus Christ is true God had been witnessed at Nicæa; that he is perfect man had been defined at Constantinople; that he is indivisibly One Person had been settled at Ephesus; finally, the six hundred and thirty at Chalcedon declared that he is one and the same Christ, the Son, the Lord, the Only-begotten in two Natures without confusion, change, division or separation.'

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5. Constantinople, 2 A.D. 553 Convened under Justinian, having for its object to support and amplify the decrees of the Council of Ephesus; but it promulgated no canons.

The first and second councils of Constantinople have obtained from canonists the name of general councils, although not composed of prelates assembled from all countries, because having been holden by orthodox Catholic bishops of the Eastern, they were afterwards ratified by the pope and bishops of the Western, church. The Gallican as well as the Anglican church has combated the doctrine that the ratification of the

(m) Novell. cxxxi. tit. 14, c. 1.
(n) Dist. xv. c. 6.

(o) Vide supra, p. 842.
(p) Mahan, ubi supra, p. 538.

pope was necessary for the validity of canons enacted by general councils. It seems that the former church (although the Councils of Constance and Basle seem to speak another language) considers such ratification as proper and becoming, inasmuch as the consent of all churches is represented by that of Rome (7), the mother of all. This doctrine is repudiated by the Church of England, and also by the Eastern church.

6. Constantinople, 3. A.D. 680 Under Constantine Pogonatus; it condemned the heresy which asserted that our Lord had only ἓν θέλημα καὶ μίαν Evagyslav, after his incarnation-a development of the heresy condemned by the Council of Chalcedon. This council excommunicated and anathematized by name certain holders of the heresy condemned. Amongst others the Pope Honorius (r).

The next council, the Quini-sextan, is not numbered in the regular order. It was holden at Constantinople A.D. 680, and was the fourth there holden. It is usually called Quini-sextan, as supplying what was wanting in the fifth and sixth councils, and it is referred to by this name in the acts of the next council. It was holden v T Teoλλ, in Trullo, a particular room, so called from its domed shape, in the imperial palace.

A.D. 630, Theodore, Archbishop of Canterbury, presided over an English council at Hadfield ("qui Saxonico vocabulo Hathfelth nominatur "), at which the orthodoxy of the English church respecting the Monothelite heresy, with especial regard to the Council of Constantinople holden in the same year, was asserted. At this council also, the first five general councils and canons of the Lateran council of 649, a.d. (s), were received. 7. Nice, 2. A.D. 787 Convened under Constantine and Irene; it related to the use of images in the church. It passed twenty-two canons upon this and other subjects. In the first canon it contained the decrees of the six universal councils.

8. Constantinople, 4.

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A.D. 869

Two synods appear to have been convened at Constantinople under Basilius Macedo, when Photius was patriarch of Constantinople. He composed what is called the "Nomocanonon," which contained the decrees of these two synods, and the Eastern church appears on this account to consider them as part of her canon law (t).

The general councils, properly so called, end here.

(q)"Parce qu'elle représente l'uniformité et l'acceptation de toutes les Eglises dans celle de Rome, la mère de toutes les autres." Durand de Maillane Dict. de Droit Canonique, tit. Concile.

(r) The condemnation of Honorius for the Monothelite heresy was repeated" annually for a thousand

It will be

years by every priest and prolate who made faithful use of his breviary.' Mahan, ubi supra, App. pp. 562, 563.

(8) Councils and Ecclesiastical documents, &c., Haddan and Stubbs, vol. 3, p. 141.

(t) Beveridge, Proleg. v., ix.

Later Councils

in the West.

Council of
Trent.

remembered that Savonarola, Luther and Cranmer appealed to a general council, if and whenever a really free one could be convened; but long before the period of the Reformation, in 1427, Archbishop Chichele appealed against Pope Martin V. to a future general council (u).

Later Councils in the West.—In the canon law are also to be found these seven councils in the West (x). 9. Lateran, 1

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A.D. 1123 | 13. Lyons, 1.

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A.D. 1245

. A.D. 1139 14. Lyons, 2.

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A.D. 1274

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A.D. 1311

. A.D. 1179 15. Vienne

A.D. 1215

10. Lateran, 2
11. Lateran, 3
12. Lateran, 4
The extent to which the canon law has prevailed in this
country has been considered (y); but it may be as well to remark
here, that the fourth council of Lateran has been often referred
to by the courts as being engrafted into the ecclesiastical laws of
this realm (). The foregoing councils constitute a part of the
corpus juris canonici; but it should be observed that the councils
of Carthage, although not general councils, have furnished
canons for the Decretum of Gratian; and the council of
Elvira (a), holden in Spain, A.D. 304, is said to have furnished
the first canons for the discipline of the church.

The seven councils, of later date, also called "general" by the Roman church, are those "quorum nulla in corpore juris mentio fit."

16. Pisa

17. Constance

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18. Basle.
The council of Trent, holden under Paul III., Julius III.
and Pius V., and so celebrated in history, was never acknow-
ledged by France as a general council (b). That kingdom
admitted the catholicity of its doctrines, but denied the validity
of its regulations respecting the discipline of the church (c). In

(u) Burnet, Hist. Reform Records, Book II., Vol. 5, p. 382. See Curteis, Bampton Lectures, note 7, p. 190.

(x) There are five councils which,
though strictly speaking national,
have, from the importance and
wisdom of their regulations, been
generally received in the Greek
and Latin churches. 1. Ancyra
(Metropolis of Galatia), A.D. 314.
2. Neocesarea (Metropolis of Pon-
tus), A.D. 315. 3. Gangra (Metro-
polis of Paphlagonia). 4. Antioch
(Metropolis of Syria), A.D. 341.
5. Laodicea (Metropolis of Phrygia),
about A.D. 364.

(y) Vide supra, pp. 13-16.
(z) Vide supra, p. 899.
(a) The place exists no longer.
It was about two or three leagues

from Grenada. The old name was Eliberis, or Illiberis. The severity of these canons was such that they were thought by some to be a compilation from various councils.

(b) Henry III. told the pope that as to matters of faith the decrees of the council were unnecessary for France, which was already orthodox; and as to matters of discipline, since the council could not, for various reasons, be considered general, he would cause certain of its decrees to become law by royal ordinances. This was done by the ordinances of Blois and Melun, and various edicts. See Durand de Maillane, Dict. de Droit Canonique, Voce "Trente."

(c) A good edition of the canons and decrees of this council was

England it has never been recognized in either respect. "Their Its Heteronew creed of Pius IV. containeth," says Barrow (speaking of doxies. the creed, which contained in twelve articles a summary of the Council of Trent), "these novelties and heterodoxies. 1. Seven sacraments; 2. Trent doctrines of justification and original sin; 3. Propitiatory sacrifice of the mass; 4. Transubstantiation; 5. Communicating under one kind; 6. Purgatory; 7. Invocation of saints; 8. Veneration of reliques; 9. Worship of images; 10. The Roman church to be the mother and mistress of all churches; 11. Swearing obedience to the pope; 12. Receiving the decrees of all synods and of Trent" (d).

22. Vatican

A.D. 1870.

Vatican Council of 1870.-The doctrine of papal infallibility Vatican counpromulgated by this Roman council is, perhaps, the strict logical cil of 1870. conclusion from Ultramontane tenets, as it certainly is at variance with all sound catholic teaching and principle. However, this council appears to have been wanting in some of the essential elements which all canonists require for the validity of a general council.

The assemblage in 1867 of prelates from different parts of the Lambeth globe under the presidency of the Metropolitan of Canterbury synod. has been already noticed (e). This synod has also met since.

published in 1837 at Leipsic, by Koehler and Tauchnitz. It contains an accurate and copious

index.

(d) See Barrow, Treatise on the Pope's Supremacy, in fine, Works, Vol. VII., p. 621.

(e) Vide supra, p. 3.

CHAPTER II.

CONVOCATION.

SECT. 1.-History and Law before Henry VIII.

2. From the Time of Henry VIII. to that of Queen

Victoria.

3.-Forms of Procedure generally and in Upper House.
4.-Forms of Procedure in Lower House.

5.-General Powers and Privileges.

what.

SECT. 1.-History and Law before Henry VIII.

Convocation, THOUGH the word convocation (a) be in itself of a general signification, and may indifferently be applied to any assembly which is summoned or called together after an orderly manner; yet custom has determined its sense to an ecclesiastical use, and made it, if not only, yet principally, to be restrained to the assemblies of the clergy (b).

Before the
Conquest.

That the bishop of every diocese had here as in all other Christian countries power to convene the clergy of his diocese, and in a common synod or council with them to transact such affairs as specially related to the order and government of the churches under his jurisdiction, is not to be questioned. These

(a) Mocket, Tractatus de Politiâ Ecclesiasticâ Anglicanâ, cap. 11; De Angl. Eccles. Synodis Nationalibus et Provincialibus, 1616, published 1705, with the two Tracts of Zouch -see Preface to this collection, and Heylin, Life of Laud, p. 70; Wake, The Authority of Christian Princes, &c.; Kennett, Ecclesiastical Synods; Gibs., Syn. Angl.; Joyce, England's Sacred Synods, 1853; Hody, History of English Synods and ConVocations; Cardwell, Synodalia; Lathbury, History of the Convocation of the Church of England; Pearce, The Law relating to Con

vocations of the Clergy, 1848; Trevor, Convocations of Canterbury and York; Warren, Synodalia. A Journal of Convocation (1853), contains some valuable historical papers. Since 1853 have been published Journals of Convocation, succeeded by the present Chronicles of Convocation, which begin February 10, 1858.

(b) As to the Convocation of Ireland, see Journal of Convocation for 1856, p. 138; and as to Synodical Action of the Scotch Church, see Synodalia, p. 248; Journal of Convocation, 1854, p. 155.

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