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ID
ER 1115
Canon 35 in the collection of canons of the Eastern councils composed by Martin of Braga (Iberian Peninsula, AD 572/580) forbids bishops, presbyter and deacons who have been excommunicated to appeal to the secular ruler.
XXXV. De importunis clericis.
 
Si quis episcopus, presbyter aut diaconus excommunicatus in concilio iniuste se queritur condemnatum, ad maiorem episcoporum concilium revertatur et eorum inquisitionem et iudicium exspectans, si quas se iustas causas habere putat, exponat. Si autem contempserit et importunans se palatio aures principum inquietare voluerit, hic ad nullam veniam poterit pervenire neque spem futurae reconciliationis habebit.
 
(ed. Barlowe 1950: 134)
XXXV. On the troublesome clerics.
 
If a bishop, presbyter, or deacon has been excommunicated at the council and complains that he has been condemned injustly, he shall turn to the greater council of bishops, and expecting their investigation and judgement he shall expose good reasons he considers that he has. If, however, he disregards [the council] and wants to bother with his problems the ears of the rulers in the palace, he could never be pardoned nor have a hope of future reconciliation.
 
(trans. M. Szada)

Discussion:

Cf. canon 12 of the Council of Antioch (AD 341).

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), Antioch (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:

Described by a title - Presbyter/πρεσβύτερος
    Described by a title - Clericus
      Ecclesiastical administration - Participation in councils and ecclesiastical courts
        Relation with - Bishop/Monastic superior
          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, ER1115, http://presbytersproject.ihuw.pl/index.php?id=6&SourceID=1115
                Record by: Marta Szada
                last edited: 2017-11-22 09:05:36
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