The Presbyters Project

XXXIII. De non recipiendis clericis vagis et de infirmanda ordinatione eius qui sine consensu episcopi sui ab alio episcopo ordinatus est.

Si quis in contemptu positus presbyter vel diaconus vel quicumque ex clero recesserit ab ecclesia sua, nullomodo in alia suscipiatur ecclesia, sed omnimodo compellatur ut ad suam revertatur ecclesiam. Si autem permanserit in superbia et reverti noluerit, excommunicetur et proiciatur. Si quis autem episcopus ausus fuerit illum in suam ecclesiam ordinare, non consentiente episcopo suo a quo recessit, ordinatio eius vacua deputetur.

(ed. Barlowe 1950: 133)

XXXIII. That the wandering clerics shall not be received and that the ordination of the one who has been ordained without consent of the bishop or by the bishop other than his own.

If a presbyter, deacon or someone else from the clergy having been disrespected withdraw from their church, he shall not be received in another church, but shall be forced to go back to his own church. If, however, he persists in his pride and does not want to go back, he shall be excommunicated and rejected. If, however, a bishop dares to ordain him in his church, without consent of the bishop from whom he withdrew, this ordination shall be considered invalid.

(trans. M. Szada)

Discussion:

Cf. canon 16 of the Council of Nicea (AD 325).

Place of event:

Region

Iberian Peninsula

City

Braga

About the source:

Author: Martin of Braga
Title: Collectio orientalium canonum, seu Capitula Martini, Capitula Martini, Collection of the Eastern canons
Origin: Braga (Iberian Peninsula), Nicaea (East)
Denomination: Catholic/Nicene/Chalcedonian

In the manuscript tradition the canons of the Second Council of Braga (Iberian Peninsula) in AD 572 are followed by the Eastern canons collected and translated into Latin by Martin of Braga (Iberian Peninsula). He was using a Greek collection, impossible to identify with any of the collections known today, which gathered the canons of the several Eastern councils. Martin quotes also the canons of the First Council of Toledo AD 400. Martin dedicated his work to Bishop Nitigisius of Lugo (Iberian Peninsula). Those two bishops met on the Second Council of Braga, and possibly the collection was composed for this occasion (Barlowe 1950: 84-87).

Edition:

C. Barlowe ed., Martini episcopi Bracarensis opera omnia, New Haven 1950.

Categories:

Travel and change of residence

Ecclesiastical transfer

Functions within the Church - Wandering presbyter/Without office

Described by a title - Presbyter/πρεσβύτερος

Act of ordination

Public law - Ecclesiastical

Conflict

Relation with - Bishop/Monastic superior

Administration of justice - Ecclesiastical

Administration of justice - Excommunication/Anathema

Administration of justice - Demotion

Please quote this record referring to its author, database name, number, and, if possible, stable URL: M. Szada, Presbyters in the Late Antique West, ER1113, http://presbytersproject.ihuw.pl/index.php?id=6&SourceID=1113