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Nicene and Ante-Nicene Fathers, Ser. II, Vol. XIV:
The Canons of the Synods of Sardica, Carthage, Constantinople, and Carthage Under St. Cyprian, Which Canons Were Received by the Council in Trullo and Ratified by II. Nice.: Canon V

Early Church Fathers  Index     

Canon V.

(Greek.)

Bishop Hosius said:  Decreed, that if any bishop is accused, and the bishops of the same region assemble and depose him from his office, and he appealing, so to speak, takes refuge with the most blessed bishop of the Roman church, and he be willing to give him a hearing, and think it right to renew the examination of his case, let him be pleased to write to those fellow-bishops who are nearest the province that they may examine the particulars with care and accuracy and give their votes on the matter in accordance with the word of truth.  And if any one require that his case be heard yet again, and at his request it seem good to move the bishop of Rome to send presbyters a latere, let it be in the power of that bishop, according as he judges it to be good and decides it to be right—that some be sent to be judges with the bishops and invested with his authority by whom they were sent.  And be this also ordained.  But if he think that the bishops are sufficient for the examination and decision of the matter let him do what shall seem good in his most prudent judgment.

The bishops answered:  What has been said is approved.

(Latin.)

Bishop Hosius said:  Further decreed, that if a bishop is accused, and the bishops of that region assemble and depose him from his office, if he who has been deposed shall appeal and take refuge with the bishop of the Roman church and wishes to be given a hearing, if he think it right that the trial or examination of his case be renewed, let him be pleased to write to those bishops who are in an adjacent and neighbouring province, that they may diligently inquire into all the particulars and decide according to the word of truth.  But if he who asks to have his case reheard, shall by his entreaty move the Bishop of Rome to send a presbyter a latere it shall be in the power of that bishop to do what he shall resolve and determine upon; and if he shall decide that some be sent, who shall be present and be judges with the bishops invested with his authority by whom they were appointed, it shall be as he shall choose.  But if he believe that the bishops suffice to give a final decision, he shall do what he shall determine upon in his most wise judgment.

p. 420 Notes.

Ancient Epitome of Canon V.

[Lacking.]

This Canon is vij. of Isidore’s collection.

Van Espen.

Mere there is properly speaking no provision for “appeal,” which entirely suspends [i.e. by the canon law] the execution and effect of the first sentence; but rather for a revision of judgment.…; those who were sent by the Roman bishop from his side (a latere) or the bishops who were appointed, ought, together with the bishops of the province who had given the former sentence, to give a fresh judgment and declare their sentence.  And this Hincmar of Rheims was the first to notice in his letters in the name of Charles the Bald sent to John VIII.

This view is supported with his accustomed learning and acumen by Du Pin, De Antiqua Eccl. Disciplina, Diss. II., Cap. I., Sec. 3.


Next: Canon VI

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