This canon is found in the Corpus Juris Canonici , Gratian's Decretum , Pars II., Causa vi., Quaest. iv., can. j. The Roman Correctors note that the Latin translation implies that the neighbouring metropolitan is to be invited and say, "But, in truth, it hardly seems fitting that one metropolitan should come at the call of another, and that there should be two metropolitans in one synod."
Canon XV.
IF any bishop, lying under any accusation, shall be judged by all the bishops in the province, and all shall unanimously deliver the same verdict concerning him, he shah not be again judged by others, but the unanimous sentence of the bishops of the province shall stand firm.
Notes.
Ancient Epitome of Canon XV.
If all the bishops of a province agree with regard to a bishop already sentenced, a new trial shall not be granted him.
Van Espen.
By the phrase "by others" must be understood bishops called from a neighbouring province, of which mention is made in the previous canon, where in the case of an agreement among the bishops, the synod did not wish to be called in, even if it were demanded by the condemned bishop. This canon, therefore, is a supplement as it were to the preceding. And for this reason in the Breviarium and in Cresconius's Collection of Canons they are placed under a common title, cap. 144, "Concerning the difference of opinion which happens in the judgment of bishops, or when a bishop is cut off by all the bishops of his province."
From these canons it is manifest that at first the causes of bishops were agitated and decided in provincial synods, and this discipline continued for many centuries, and was little by little departed from in the VIII and IX centuries.
This canon is found in the Corpus Juris Canonici , Gratian's Decretum , Pars II., Causa VI., Quaest. IV., Can. v. Gratian adds a note which Van Espen remarks smacks of his own date rather than of that of the Synod of Antioch.
Canon XVI.
IF any bishop without a see shall throw himself upon a vacant church and seize its throne, without a full synod, he shall be cast out, even if all the people over whom he has usurped jurisdiction should choose him. And that shall be [accounted] a full synod, in which the metropolitan is present.
Notes.
Ancient Epitome of Canon XVI.
Whoever without the full synod and without theMetropolitan Council, shall go over to a vacant church, even if he has no position, he shall be ejected.
Beveridge.
This, together with the following canon, was recited by Bishop Leontius in the Council of Chalcedon, from the book of the canons,in which this is called the 95th and the following the 96th, according to the order observed in that book of the canons.
This canon is found in the Corpus Juris Canonici , Gratian's Decretum , Pars I., Dist. XCII., Can. viii. in Isidore's version, and the Roman Correctors note its departure from the original.
Canon XVII.
IF any one having received the ordination of a bishop, and having been appointed to preside over a people, shall not accept his ministry, and will not be persuaded to proceed to the Church entrusted to him, he shall be excommunicated until he, being constrained, accept it, or until a full synod of the bishops of the province shall have determined concerning. him.
Notes.
Ancient Epitome of Canon XVII.
Whoso has received orders and abandoned them let him be excommunicated, until he shall have repented and been received.
Zonaras.
If any one called to the rule of the people refuse to undertake that office and ministry, let him be removed from communion, that is separated, until he accept the position. But should he persist in his refusal, he can by no means be absolved from his separation, unless perchance the full synod shall take some action in his case. For it is possible that he may assign reasonable causes why he should be excused from accepting the prelature of- fered him, reasons which would meet with the approbation of the synod.