Canon XIX. (Greek
xxii.)
425
That if any bishop is accused the cause should be
brought before the primate of his own province.
Aurelius
, the bishop,
said: Whatever bishop is accused the accuser shall bring the case
before the primates of the province to which the accused belongs, and
he shall not be suspended from communion by reason of the crime laid to
his charge unless he fails to put in an appearance on the appointed day
for arguing his cause before the chosen judges, having been duly
summoned by the letters; that is, within the space of one month from
the day in which he is found to have received the letters. But
should he be able to prove any true necessity which manifestly rendered
it impossible for him to appear, he shall have the opportunity of
arguing his case within
another
full month; but after the second month he shall not communicate until
he is acquitted.
But if he is not willing to come to the annual general
council, so that his cause may there be terminated, he himself shall be
judged to have pronounced the sentence of his own condemnation at the
time in which he does not communicate, nor shall he communicate either
in his own church or diocese.
But his accuser, if he has not missed any of the days
for pleading the cause, shall not be shut out from communion; but if he
has missed some of them, withdrawing himself, then the bishop shall be
restored to communion and the accuser shall be removed from communion;
so, nevertheless, that the possibility of going on with the case be not
taken from him, if he shall prove that his absence was caused by lack
of power and not by lack of will.
And this is enacted, that if the accuser turn out to be
himself a criminal when the case against the bishop has come to
argument, he shall not be allowed to testify unless he asserts that the
causes are personal and not ecclesiastical.
Notes.
Ancient Epitome of Canon
XIX.
A bishop accused and haled to judgment shall have the
space of two months; if there is any excuse
426
for his delay from the other side. But after this he shall be
excommunicated if he does not appear. But if when the accused is
present the accuser flees, then the accuser shall be deprived of
communion. But the accuser who is infamous shall not be an
accuser at all.
This canon is made up from Canons VI. and VII. of the
last mentioned second series of the enactments of Hippo, 393.
Johnson.
See
Can. Afr
. 28 and
Can. Ap
. 11 (14).
By this [“Universal Synod”] is meant a
National Synod of Africa.
See Can. Constantinople 6.
425
For Greek xx. and
xxi. see Latin Canon XVIII.
426
It would seem that
this must be the meaning.