Canon XV.
Of the divers orders who serve the Church, that if
any one fall into a criminal business and refused to be tried by the
ecclesiastical court, he ought to be in danger therefor; and that the
sons of bishops (
sacerdotum
) are not to attend worldly
shows.
Moreover
it seemed good that if
any bishop, presbyter, or deacon, who had a criminal charge brought
against him or who had a civil cause, refused to be tried by the
ecclesiastical tribunal, but wished to be judged by the secular courts,
even if he won his suit, nevertheless he should lose his office.
This is the law in a criminal suit; but in a civil suit
he shall lose that for the recovery of which he instituted the
proceedings, if he wishes to retain his office.
This also seemed good, that if from some ecclesiastical
judges an appeal was taken to other ecclesiastical judges who had a
superior jurisdiction, this should in no way injure the reputation of
those from whom the appeal was taken, unless it could be shown that
they had given sentence moved by hatred or some other mental bias, or
that they had been in some way corrupted. But if by the consent
of both parties judges had been chosen, even if they were fewer in
number than is specified, no appeal can be taken.
And [it seemed good] that the sons of bishops should not
take part in nor witness secular spectacles. For this has always
been forbidden to all Christians, so let them abstain from them, that
they may not go where cursing and blasphemy are to be found.
Notes.
Ancient Epitome of Canon XV.
A bishop or cleric who has a criminal suit brought
against him, if he leaves the Church and betakes himself to secular
judges even if he had been unjustly used, shall lose his rank.
And if he was successful in his political affairs, if he follows this,
he shall lose his own grade. No appeal can be taken from the
ecclesiastical judges, except they be proved to have given their
decision beforehand moved thereto by a bribe or by hatred. No
appeal can be taken from the decision of judges chosen by each
side.
This canon is made up of Canons ix., x., and xj. of the
Council of Hippo,
a.d.
393.
Johnson.
In this canon the African bishops made bold with the
Civil Courts. To lay such restraints on bishops and clergymen is,
I am sure, very proper, to say no more.