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.
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.