After this there was another debate concerning the election of a bishop of Constantinople. Many were in favor of Philip, of whom we have already made mention; but a still greater number advocated the claims of Proclus. And the candidacy of Proclus would have succeeded, had not some of the most influential persons interfered, on the ground of its being forbidden by p. 173 the ecclesiastical canon that a person nominated to one bishopric should be translated to that of another city. 1016 The people believing this assertion, were thereby restrained; and about four months after the deposition of Nestorius, a man named Maximian was promoted to the bishopric, who had lived an ascetic life, and was also ranked as a presbyter. He had acquired a high reputation for sanctity, on account of having at his own expense constructed sepulchral depositaries for the reception of the pious after their decease, but was rude in speech 1017 and inclined to live a quiet life.
The canon referred to is probably the fifteenth of Nicæa, as follows: On account of the numerous troubles and divisions which have taken place, it has been thought good that…no bishop, priest, or deacon should remove from one city to another. If any one should venture, even after this ordinance of the holy and great Synod, to act contrary to this present rule, and should follow the old custom, the translation shall be null, and he shall return to the church to which he had been ordained bishop or priest. Cf. also Apostol. Can. 14 and 15, and the twenty-first of the Council of Antioch given by Hefele, Hist. of the Ch. Councils, Vol. II. p. 72.173:1017
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