Canon XXXVII.
Since
at different times there
have been invasions of barbarians, and therefore very many cities have
been subjected to the infidels, so that the bishop of a city may not be
able, after he has been ordained, to take possession of his see, and to
be settled in it in sacerdotal order, and so to perform and manage for
it the ordinations and all things which by custom appertain to the
bishop: we, preserving honour and veneration for the priesthood,
and in no wise wishing to employ the Gentile injury to the ruin of
ecclesiastical rights, have decreed that those who have been ordained
thus, and on account of the aforesaid cause have not been settled in
their sees, without any prejudice from this thing may be kept [in good
standing] and that they may canonically perform the ordination of the
different clerics and use the authority of their office according to
the defined limits, and that whatever administration proceeds from them
may be valid and legitimate. For the exercise of his office shall
not be circumscribed by a season of necessity when the exact observance
of law is circumscribed.
Notes.
Ancient Epitome of Canon
XXXVII.
A bishop who, on account of the incursions of the
barbarians, is not set in his throne, shall have his own chair of
state, and shall ordain, and shall enjoy most firmly all the rights of
the priesthood.
By Canon XVIII. of Antioch the principle of this canon
was enunciated, that when a bishop did not take possession of his see
because he could not do so, he was not to be held responsible or to
lose any of his episcopal rights and powers, in that case the
impossibility arose from the insubordination of the people, in this
from the diocese being in the hands of the barbarians.
It has been commonly thought that the Bishops
in
partibus infidelium
had their origin in the state of things calling
for this canon.