Presbyters Uniwersytet Warszawski
ID
ER 1024
Canon 12 of the Thirteenth Council in Toledo (Iberian Peninsula, AD 683) allows clerics and monks to appeal to the metropolitan bishop or even to the king against the excommunication imposed on them by their own bishop.
Canon 12
 
De non excommunicandis a proprio episcopo personis illis quae ad metropolitanum suum negotia sua suggesuri accesserint.
 
Quicunque ex clericis uel monachis causam contra proprium episcopum habens ad metropolitanum suum causaturus accesserit, non ante debet a proprio episcopo excommunicationis sententia praedamnari, antequam per iudicium metropolitani sui utrum dignus excommunicatione habeatur, possit agnosci. Quod si ante iudicium quis episcoporum in talium personas excommunicationis sententiam praemiserit, illis penitus quos ligauerint absolutis, in se illam nouerit retorqueri sententiam. Quod etiam et inter metropolitanos conuenit obserari si praegrauatus quis a proprio metropolitano ad alterius prouinciae metropolitanum molestiam pressurae suae agnoscendam intulerit, aut si inauditus a duobus metropolitanis ad regios auditus negotia sua perlaturus accesserit, et ob hoc excommunicationis iugulum a proprio episcopo illi uideatur infigi. Hoc tantum est obseruandum, ut si prius unumquemque excommunicationem contigerit suscepisse, antequam a proprio episcopo ad alium pertransiret, tandiu excommunicatus apud eum cuius iudicium petiit habeatur, quamdiu excommunicatoris sui obiectibus, utrum iuste an iniuste alligatus sit, agnoscatur.
 
(eds. Martínez Díez, Rodríguez 2002: 255-256)
Canon 12
 
That people who approach the metropolitan bishop to lay forth their affairs shall not be excommunicated by their own bishop.
 
If a cleric or a monk, having a case against his own bishop, approaches his metropolitan bishop to make a plea, he shall not be condemned with the sentence of excommunication by his own bishop before it can be known by the judgment of the metropolitan whether he deserves to be excommunicated. If a bishop excommunicates such persons before the judgement, those bound [by this sentence] will be completely absolved, and the bishop will find himself struck by his own sentence. The same thing should be observed among the metropolitan bishops when one is oppressed by his own metropolitan bishop and complains about his distress to the metropolitan bishop of another province, or having been unheard by two metropolitan bishops he approaches the king to make his complaint, and for this reason his bishop bounds him with the yoke of excommunication. It shall be, however, observed that if someone has been already excommunicated, he shall go from his bishop to another, and shall remain excommunicated [in the diocese] of the bishop whose judgment he requests until it is decided whether the arguments of the excommunicator have been just or not.
 
(trans. M. Szada)

Place of event:

Region
  • Iberian Peninsula
City
  • Toledo

About the source:

Title: Concilium Toletanum XIII a. 683, Concilium XIII Toletanum a. 683, Thirteenth Council of Toledo in 683 AD
Origin: Toledo (Iberian Peninsula)
Denomination: Catholic/Nicene/Chalcedonian
The Thirteenth Council of Toledo took place on 4 November 683 during the reign of King Ervig and was presided over by Bishop Julian of Toledo. Forty-eight bishops were present, nine abbots, twenty-sixth representatives of the absent bishops and twenty-sixth lay dignitaries. The council focused mainly on the political issues concerning kingdom and dynasty, and it was less concerned with strictly ecclesiastical legislation (Collins 2004: 104-107).
Edition:
G. Martínez Díez, F. Rodríguez eds., La colección canónica Hispana, Monumenta Hispaniae sacra. Serie canónica 6, Madrid 2002.
Bibliography:
R. Collins, Visigothic Spain, 409-711, Oxford 2004.
 

Categories:

Described by a title - Clericus
    Public law - Ecclesiastical
      Relation with - Bishop/Monastic superior
        Relation with - Monarch and royal/imperial family
          Administration of justice - Ecclesiastical
            Administration of justice - Secular
              Administration of justice - Excommunication/Anathema
                Please quote this record referring to its author, database name, number, and, if possible, stable URL: M. Szada, Presbyters in the Late Antique West, ER1024, http://presbytersproject.ihuw.pl/index.php?id=6&SourceID=1024