Hefele.
Kellner (Das Buss, und Strafversahren, p. 61) remarks with reference to this, that deposition is here treated as a heavier punishment than exclusion from communion, and therefore the latter cannot mean actual excommunication but only suspension.
Canon XLI.
IF any presbyter or deacon deposed by his own bishop, or any bishop deposed by a synod, shall dare to trouble the ears of the Emperor, when it is his duty to submit his case to a greater synod of bishops, and to refer to more bishops the things which he thinks right, and to abide by the examination and decision made by them; if, despising these, he shall trouble the Emperor, he shall be entitled to no pardon, neither shall he have an opportunity of defence, nor any hope of future restoration.
Notes.
Ancient Epitome of Canon XII.
One deposed, if he shall have troubled the Emperor, shall seek the greater synod, and submit to its decree. But if he again misbehave himself, he shall not have any chance of restoration.
It is usually supposed that this canon, as well as the fourth, and the fourteenth and fifteenth, was directed against St. Athanasius, and it was used against St. Chrysostom by his enemies. Vide Socrates, Ecclesiastical History, Book II., Chapter viii., and Sozomen's Ecclesiastical History, Book III., chapter v.; also ibid. Book VII., chapter xx.
This canon is found in the Corpus Juris Canonici , Gratian's Decretum , Pars II., Causa XXI., Quest. V., Can. ij., in Isidore's Version.
Canon XIII.
No bishop shall presume to pass from one province to another, and ordain persons to the dignity of the ministry in the Church, not even should he have others with him, unless he should go at the written invitation of the metropolitan and bishops into whose country he goes. But if he should, without invitation, proceed irregularly to the ordination of any, or to the regulation of ecclesiastical affairs which do not concern him, the things done by him are null, and he himself shall suffer the due punishment of his irregularity and his unreasonable undertaking, by being forthwith deposed by the holy Synod.
Notes.
Ancient Epitome of Canon XIII.
If without invitation a bishop shall go into another province, and shall ordain, and administer affairs, what he does shall be void and he himself The Roman Correctors are not satisfied withshall be deposed.
Compare with this Apostolic Canon xxxv.; also canon xxii. of this same synod.
This canon is found in the Corpus Juris Canonici , Gratian's Decretum , Pars II., Causa ix., Quaest. II., Can. vj. in the Versio Prisca . The Roman Correctors are not satisfied with it, however, nor with any version and give the Greek text, to which they add an accurate translation.
Canon XIV.
IF a bishop shall be tried on any accusations, and it should then happen that the bishops of the province disagree concerning him, some pronouncing the accused innocent, and others guilty; for the settlement of all disputes, the holy Synod decrees that the metropolitan call on some others belonging to the neighbouring province, who shall add their judgment and resolve the dispute, and thus, with those of the province, confirm what is determined.
Notes.
Ancient Epitome of Canon XIV.
If the bishops of the province disagree among themselves as to an accused bishop, that the controversy may be certainly settled, let other neighbouring bishops be called in.
Zonaras.
When any bishop shall have been condemned with unanimous consent by all the bishops of the province, the condemnation cannot be called into doubt, as this synod has set forth in its fourth canon. But if all the bishops are not of the same mind, but some contend that he should be condemned and others the contrary, then other bishops may by called in by the metropolitan from the neighbouring provinces, and when their votes are added to one or other of the parties among the bishops, then controversy should be brought to a close. This also is the law of the Synod of Sardica, canons iii. and v.
Aristenus.
Every bishop accused of crimes should be judged by his own synod, but if the bishops of the province differ, some saying that he is innocent and some that he is guilty, the metropolitan can call other bishops from a neighbouring province that they may solve the controversy agitated by the bishops.