Canon XV.
If
any bishop, lying under any
accusation, shall be judged by all the bishops in the province, and all
shall unanimously deliver the same verdict concerning him, he shall not
be again judged by others, but the unanimous sentence of the bishops of
the province shall stand firm.
Notes.
Ancient Epitome of Canon XV.
If all the bishops of a province agree with regard to a
bishop already sentenced, a new trial shall not be granted him.
Van Espen.
By the phrase “by others” must be understood
bishops called from a neighbouring province, of which mention is made
in the previous canon, where in the case of an agreement among the
bishops, the synod did not wish to be called in, even if it were
demanded by the condemned bishop. This canon, therefore, is a
supplement as it were to the preceding. And for this reason in
the
Breviarium
and in Cresconius’s
Collection
of
Canons they are placed under a common title, cap. 144,
“Concerning the difference of opinion which happens in the
judgment of bishops, or when a bishop is cut off by all the bishops of
his province.”
From these canons it is manifest that at first the
causes of bishops were agitated and decided in provincial synods, and
this discipline continued for many centuries, and was little by little
departed from in the
VIII
th
and
IX
th
centuries.
This canon is found in the
Corpus Juris Canonici
,
Gratian’s
Decretum
, Pars II., Causa VI., Quæst. IV.,
Can. v. Gratian adds a note which Van Espen remarks smacks of his
own date rather than of that of the Synod of Antioch.