(B) The Hierarchical Organization
(a) Council of Nicæa, A. D. 325, Canons. Text, Hefele, § 42. Cf. Kirch, nn. 364-368.
Canons of organization.
Canon 4 regulates the ordinations of bishops; Canon 5 orders that excommunications in one diocese shall hold good everywhere; Canon 6 defines the larger provincial organization which eventually resulted in the patriarchates; Canon 7 defines the position of the bishopric of Jerusalem; Canons 15 and 16 place the bishops permanently in their sees and the clergy under their own proper bishop.
Canon 4. It is by all means proper that a bishop should be appointed by all the bishops in the province; but should this be difficult, either on account of urgent necessity or because of distance, three at least should assemble, and the suffrages of the absent should also be given and communicated in writing, and then the ordination should take place. But in every province the ratification of what is done should be left to the metropolitan.
Canon 5. Concerning those, whether of the clergy or of the laity, who have been excommunicated in the several provinces, let the provisions of the canon be observed by the bishops which provides that persons cast out by some be not readmitted by others.… Nevertheless, inquiry should be made whether they have been excommunicated through captiousness, or contentiousness, or any such like ungracious disposition in the bishops. And that this matter may have due investigation, it is decreed that in every province synods shall be held twice a year, in order that when all the bishops of the province are assembled together, such questions may be thoroughly examined by them, that so those who have confessedly offended against their bishop may be seen by all to be for just causes excommunicated, until it shall appear fit to a general meeting of the bishops to pronounce a milder sentence upon them. And let these synods be held, the one before Lent (that the pure gift may be offered to God after [pg 361] all bitterness has been put away) and let the second be held about autumn.
Canon 6. Let the ancient customs in Egypt, Libya, and Pentapolis prevail, that the bishop of Alexandria shall have jurisdiction in all these, since the like is customary for the bishop of Rome also.[127] 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 his metropolitan, the great synod has declared that such a man ought not to be 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.
Canon 7. Since custom and ancient tradition have prevailed that the bishop of Ælia [i.e., Jerusalem] should be honored, let him, saving its due dignity to the metropolis, have the next place of honor.
Canon 15. On account of the great disturbance and discords that occur, it is decreed that the custom prevailing in certain places contrary to the canon must wholly be done away; so that neither bishop, presbyter, nor deacon shall pass from city to city. And if any one, after this decree of the holy and great synod, shall attempt any such thing or continue in such course, his proceedings shall be utterly void, and he shall be restored to the church for which he was ordained bishop or presbyter.