Canon XCVII. (Greek
c.)
That there be sought from the Emperor the protection of
Advocates in causes ecclesiastical.
It
seemed good that the legates
who were about leaving, viz., Vincent and Fortunatian, should in the
name of all the provinces ask from the most glorious Emperors to give a
faculty for the establishment of scholastic defensors, whose shall be
the care of this very kind of business: so that as the
priests
477
of the province, they who have received
the faculty as defensors of the Churches in ecclesiastical affairs, as
often as necessity arises, may be able to enter the private apartments
of the judges, so as to resist what is urged on the other side, or to
make necessary explanations.
Notes.
Ancient Epitome of Canon
XCVII.
That there be asked of the Emperor the appointment of
Patrons for ecclesiastical heads, whose care it should be to defend the
Church in its affairs, and who as priests could easily refer what
things were urgent.
(Greek ci.)
That the legation be free.
It
seemed good that the chosen
legates should have at the meeting freedom of action (
legationem
liberam
).
The protest of
the Mauritanian bishops against Primosus.
It is evident that those of Mauritania Cæsariensis
gave evidence in their own writings that Primosus had been summoned by
the chiefs of the Thiganensian city, that he should present himself to
the plenary council according to the imperial constitutions, and, when
sought for, as was right, Primosus was not found, at least so the
deacons reported. But since the same Mauritanians petitioned that
letters be sent from the whole synod to the venerable brother, the aged
Innocent, it seemed good that they should be sent, that he might know
that Primosus had been sought at the council and not found at all.
Notes.
Ancient Epitome.
[Lacking.]
Balsamon.
The contents of this canon being special are useless,
therefore no explanation has been given.
This Canon is Canon iij. of Carthage,
a.d.
407.
Johnson.
See can. 75 (78) and note on Can. Chalced., 23.
These officers [i.e. “defensors”] seem to be
called “executores” in the acts of synod just before this
canon.
The “priest of the province” was one chosen
out of the body of advocates to be counsel to the province, to act and
plead in their behalf; and that he might do it more effectually he was
allowed to have private conference with the judge.
477
Mansi notes that
this refers to the heathen priests, and quotes Cod. Theod. 47,
de
decurionibus
.