Canon VII.
(
Greek
.)
Bishop
Hosius
said: Our importunity and great pertinacity
and unjust petitions have brought it about that we do not have as much
favour and confidence as we ought to enjoy. For many of the
bishops do not intermit resorting to the imperial Court, especially the
Africans, who, as we have learned from our beloved brother and
fellow-bishop, Gratus, do not accept salutary counsels, but so despise
them that one man carries to the Court petitions many and diverse and
of no possible benefit to the Church, and does not (as ought to be done
and as is fitting) assist and help the poor and the laity or the
widows, but is intriguing to obtain worldly dignities and offices for
certain persons. This evil then causes enfeeblement
[
better
, murmuring (read
τονθρυσμόν
or
τονθορυσμόν
)],
not without some scandal and blame to us. But I account it quite
proper for a bishop to give
assistance to one oppressed by some one, or to a widow suffering
injustice, or, again, an orphan robbed of his estate, always provided
that these persons have a just cause of petition.
If, then, beloved brethren, this seems good to all, do
ye decree that no bishop shall go to the imperial Court except those
whom our most pious emperor may summon by his own letters. Yet
since it often happens that persons condemned for their offences to
deportation or banishment to an island, or who have received some
sentence or other, beg for mercy and seek refuge with the Church [i.e.,
take sanctuary], such persons are not to be refused assistance, but
pardon should be asked for them without delay and without
hesitation. If this, then, is also your pleasure, do ye all vote
assent.
All gave answer: Be this also decreed.
(
Latin
.)
Bishop
Hosius
said: Importunities and excessive pertinacity
and unjust petitions have caused us to have too little favour or
confidence, while certain bishops cease not to go to the Court,
especially the Africans, who (as we have learned) spurn and contemn the
salutary counsels of our most holy brother and fellow-bishop, Gratus,
so that they not only bring to the Court many and diverse petitions
(not for the good of the Church nor, as is usual and right, to succour
the poor or widows or orphans), but even seek to obtain worldly
dignities and offices for certain persons. This evil therefore
stirs up at times not only murmurings, but even scandals. But it
is proper that bishops should intercede for persons suffering from
violence and oppression, afflicted widows and defrauded orphans,
provided, nevertheless, that these persons have a just cause or
petition.
If, then, brethren dearly beloved, such be your
pleasure, do we decree that no bishops go to the Court except those who
may have been invited or summoned by letters of the God-fearing
emperor. But since it often happens that those who are suffering
from injustice or who are condemned for their offences to deportation
or banishment to an island, or, in short, have received some sentence
or other, seek refuge with the mercy of the Church, such persons should
be succoured and pardon be begged for them without hesitation.
Decree this, therefore, if it be your pleasure.
All said: It is our pleasure and be it
decreed.
Notes.
Ancient Epitome of Canon
VII.
When an orphan, widow, and other desolate persons are
oppressed by force let the bishop give them succour and approach the
Emperor; but through a pretext of this kind let him not be a hanger on
of the camp, but rather let him send a deacon.
Van Espen.
The “salutary counsels” (
salutaria
consilia
) here seem to be synodical admonitions, as Zonaras notes;
and these might well be ascribed to Gratus, the bishop of Carthage,
because many of the African synods were held under his presidency and
direction.
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Nothing is more noteworthy than how from the first
princes summoned bishops in counsel with regard to affairs touching
either the estate of the Church or of the Realm; and called them to
their presence in urgent and momentous cases, and kept them with
them.
Justinian, the emperor, in his
Novels
(Chapter
II.) defines that no one of the God-beloved bishops shall dare to be
absent any more from his diocese for a whole year, and adds this
exception, “unless he does so on account of an imperial jussio;
in this case alone he shall be held to be without blame.”
On this whole matter of bishops interceding for
culprits, and especially for those condemned to death, see St.
Augustine (
Epist
. 153 ad Macedonium).
With this canon may be compared Canon VII. of the
Council of Rheims in
a.d.
630.
This canon is found in part in the
Corpus Juris
Canonici
, Gratian’s
Decretum
, P. II., Causa xxiij.,
Quæst. viij., c. xxviij.