How Does the Bishop Punish a Sinner?

How Does a Bishop Punish a Sinner?
It is the right of the bishop—rather, it is his duty—to punish:
The Church is a group of saints. It is the bishop’s duty to be a guardian over the holiness of the Church: to warn sinners and to treat them. And if the matter requires it, to punish them… “I have made you a watchman”, thus says the Lord: “Therefore you shall hear a word from My mouth and warn them for Me”, “When I say to the wicked, ‘O wicked man, you shall surely die!’ and you do not speak to warn the wicked from his way, that wicked man shall die in his iniquity; but his blood I will require at your hand” (Ezekiel 33:7–8).
Thus the apostolic fathers say to the bishops in Chapter Four of the Didascalia: “We must not keep silent concerning the guilty, but rebuke them and teach them, and appoint fasting for them, so that this may be discipline for the rest and fear”, Saint Paul the Apostle had previously said similarly to his disciple Timothy, Bishop of Ephesus: “Those who are sinning rebuke in the presence of all, that the rest also may fear” (1 Timothy 5:20). Paul the Apostle rebuked the Corinthians because they were lenient with the immoral young man (1 Corinthians 5). The Lord also rebuked Eli the priest and punished him because he was lenient in disciplining his sinful sons (1 Samuel 3, 4).
But does this mean that the bishop should punish for every sin, or punish everyone, or be quick and harsh in punishment?
Certainly not. For the ecclesiastical canons set conditions, preserving justice, lest the bishop misuse his authority, or use it violently, or in a moment of anger, or for personal reasons, and thus judge someone unjustly…
Therefore the canons required that the bishop not be hasty.
And that he not be quick-tempered.
They also required meekness, gentleness, and patience in him. That he not be easily influenced, nor angry, nor irritable, nor slanderous, nor a lover of money…
And if justice, patience, and meekness are preventive conditions to ensure the bishop’s judgments, the canons also required in him love for people.
The bishop’s love for people and his position toward them as a healing physician:
The apostolic fathers said in Chapter Four of the Didascalia: “Thus let the bishop love the laypeople as his children, and exhort them with the discipline of love, like a bird that broods over its eggs until they become chicks”, They also said to him: “Shepherd the flock not with annoyance or mockery because of the authority you have over them, but as a good shepherd gathering the sheep to your bosom”.
They also told him: “You are a physician for the Church of the Lord”, “Apply remedies suitable for each person, healing them and correcting them by every example, and establish them in the Church”, “Heal those who have gone astray in sin as a diligent physician and compassionate partner”, “Be a good physician, cheerful, without deceit or falsehood”, “And do not be harsh, severe, merciless, or arrogant”.
The bishop must not be hasty in judgment
The apostolic fathers demanded that the bishop be long-suffering, not quick to expel, cut off, or excommunicate sinners. Therefore they said to him in Chapter Four of the Didascalia: “Do not be hasty to lightly cast anyone out of the Church, but investigate carefully”, “It is not right to be eager to expel one who sins… or to be quick in expulsion and without mercy, but rather to heal the sick”, They confirmed this same meaning in Chapter Eight, saying to the bishop: “Do not be quick to cut off, nor bold, nor hasten to use the large-toothed saw. Rather begin with what cleanses and purifies, and remove the filth gently”,
Hastiness in cutting off is a crime of murder and scattering the people of God
Thus they said to the bishop in Chapter Four of the Didascalia: “Know this:
Whoever casts out from the Church one who is not guilty, or whoever does not receive the repentant, has killed his brother and shed his blood, like Cain who shed the blood of his brother Abel. And his blood cries out to God, and God will require it”.
And they said in Chapter Five: “Whoever casts out the innocent as though guilty is more evil than a murderer… Likewise also the one who does not receive the repentant. He scatters what belongs to Christ and opposes Him”.
In Chapter Ten of the Didascalia, the apostolic fathers reproached the bishop who hastens to cut off believers, rebuking him firmly, saying: “If you are thus scattering the sheep and acting as an adversary to them, then you are an enemy of God and a destroyer of the sheep for whom the Lord became Shepherd. By this action you scatter those whom we gathered from many nations, tongues, and languages, with toil, fasting, wakefulness, sleeping on the ground, distress, flight, imprisonment, and continual suffering, until we fulfilled the will of God by filling His house with the invited guests who are the holy catholic Church…”.
The apostles supported their rebuke by saying: “This is the will of God in Christ: that those who are saved increase, that the Church not diminish, and that not one soul depart from her number”.
The apostolic fathers excommunicated the bishop who is unjust in judgment
Thus they said to the bishop in Chapter Four of the Didascalia: “That one who was expelled from the Church without cause… may either go and become among the Gentiles, or fall into heresies, and altogether become estranged from the Church and from the hope of God… and you will be condemned for his destruction”.
They also said to the bishops in Chapter Eight: “If you unjustly impose a sentence on someone, know that what proceeds from your mouths will come upon yourselves”.
The unjust judge pronounces judgment upon himself.
The Didascalia also showed in Chapter Four that God does not accept this unjust sentence against the sinner, saying: “Just as the righteous man who is killed without cause is in eternal rest with God, so also is the one whom the bishop unjustly expels”.
No judgment without trial
It is not permissible for a bishop, no matter how great his authority, to say to a person without trial: “Go, you are excommunicated”, or “Go, you are cut off”, or “Go, you are forbidden”, or any similar judgments. Rather, there must be a fair trial before issuing judgment. Otherwise, the Church would descend to a level that even worldly people would not accept in their justice!
A murderer may be caught with the knife in his hand, his clothes stained with blood, and the victim beside him, yet lengthy investigations are still required before judgment is passed…
Despite all these clear physical evidences, the murderer is not immediately taken to execution. Rather, he passes through a series of investigations: one by the police, another by the prosecution, and a third by the court… He is given an opportunity to answer for himself, and there must be a defense attorney pleading on his behalf. If no one is found to defend him, the court appoints a lawyer for him to plead for the one caught in the very act… The trial may continue for months before the court issues its verdict… And the matter may end with a reduced sentence for psychological, mental, or other reasons…
So is it fitting for the bishop, who is the successor of the apostles and steward of God, to issue judgments without examination or investigation, and without giving an opportunity for defense?! All this because of a conspiracy from a malicious person, a flatterer, or an enemy! Therefore the canons of the Church required that:
The bishop must not be easily influenced
The Didascalia mentioned in Chapter Eight that if sinners are brought before the bishop, “the bishop must examine every statement made to him, and judge with truth and justice, and not hasten in the matter”, “Nor should he believe every man who bears witness against them, for many raise false accusations against their brethren out of envy or wickedness.” Like the two elders who falsely testified against Susanna in Babylon, and like the lying elders who testified against Naboth the Jezreelite in Samaria (1 Kings 21:8–13).
Likewise all the Jews who testified against our Lord in Jerusalem (Matthew 26:60–62), and against Stephen (Acts 6:11–14).
The Didascalia also says: “Therefore, O bishop, be patient in this matter… Examine the condition of those who accuse him, and wisely investigate what they have said about him, so that you may know what he is and how he is…”.
Yes, O father bishop, many come to you complaining against their brethren. Some of them are hypocrites, speaking evil against a person, yet if they meet him they praise him to his face, and then insult you behind your back in his presence. No doubt if you confronted them with the one they complain against, you would see wonders.
Should not the bishop possess at least the justice the Romans had, as stated in the Book of Acts regarding the trial of Paul the Apostle: “that the accused have the accusers face to face, and have opportunity to answer for himself concerning the charge” (Acts 25:16).
The Didascalia requires the same thing, saying to the bishop: “Do not judge in the presence of one party before the other party is present”, And it warns the bishops in the same chapter: “For if you hear the words and arguments of one side… and hastily pass judgment while the other side is absent and unable to answer for himself and defend against the accusation, then you become deserving of the death sentence you pronounced” (Chapter Eight).
The Didascalia requires trustworthy witnesses
Not everyone may testify, for there are many false witnesses. Rather, the apostolic fathers say: “The witnesses must be blameless, compassionate, loving, pure, upright, without evil, faithful, and righteous”, “As for those whose conduct is contrary to this, do not accept their testimony even if all their testimonies agree”, “The father who hastens to cast away his children and accepts the testimony of such people is a father of wrath and not a father of peace”.
The Didascalia also commanded that: “The one who falsely accuses deserves the appropriate punishment”, and said: “Such a person… do not leave without punishment, lest he dare again to speak falsehood… or others become bold and do likewise”, “This person you must condemn publicly after proving his falsehood… and do to him as he intended to do to his brother…”.
What should the bishop do with the sinner if his guilt is proven?
The Didascalia says: “The bishop must wipe away the sin through teaching”, He must exhort, guide, and teach him until he repents and returns. “Take him aside alone, with no one else present, and rebuke him privately so that he may repent”, “And if he repents, receive him with joy”, In this regard, Canon 36 of the second book of the Apostolic Canons states that if the bishop refuses to receive the one who returns from his sin, he should be cut off, because he grieved the heart of the Lord who said: “There will be more joy in heaven over one sinner who repents” (Luke 15:7).
If the sinner refuses to repent, the Didascalia says to the bishop: “Take with you one or two others, and make known to him his negligence, and rebuke him with gentleness and teaching… If he persists in opposition, tell it to the Church. And if he does not obey the Church, let him be to you like a heathen and a tax collector… Cast him out of the Church with pain of heart and sorrow…”.
What should the bishop do with the sinner after punishing him?
The apostolic fathers say in Chapter Four of the Didascalia: “And the one who has strayed, O bishop, restore him”, “Do not leave him outside, but receive him… Seek the one who has gone astray”, The compassion of the apostolic fathers even reaches the point of saying: “Let the bishop bear upon himself the sin of the one who has sinned, and make him his own concern. And let him say to the guilty one: “Return, and I will accept death on your behalf, like my Lord Christ”.
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