Question — Decretum of Gratian

Question II

English · Latin · Both

¶.

GRATIAN. That one who has been despoiled cannot stand before a judge is proved by many authorities. For Pope John says, [letter I to Archbishop Zacharias]:

Friedberg, col. 449/450

1.

C. I. Before joinder of issue, all things are to be restored to the possessor.

It was decreed of old that, before joinder of issue, the bishop or primate presiding shall restore to the possessor all possessions, all things taken from him, and all revenues.

Friedberg, col. 449/450

2.

C. II. Concerning the same.

Likewise Nicholas, [Pope]. All laws, ecclesiastical as well as common and public, command that all things taken from a person who has been despoiled of his property be restored to him.

Friedberg, col. 449/450

3.

C. III. No one ought to be accused while he has been despoiled of his property.

Likewise Pope Stephen, [letter II]. No bishop, while he has been despoiled of his property, ought to be accused before all things which were taken from him by whatever device are restored in accordance with the laws, so that before an accusation is received the primates and synod shall restore completely to the bishop who is under consideration all possessions and all revenues.

Friedberg, col. 449/450

4.

C. IV. One who has been despoiled ought neither to be summoned to a synod nor to be judged in any matter.

Likewise Eusebius to the brothers established throughout Alexandria and Egypt, [letter II]. In your writings we have found that certain bishops in your regions have been accused by their own sheep—some, to be sure, from suspicion and others upon certain ground—and that for this reason some have been despoiled of their property while others have been driven from their own see. Know that they can neither be summoned to a provincial synod nor to a general one, nor judged in any matter, before all things which were taken from them are restored to their power according to the laws.

Friedberg, col. 449/450

5.

C. V. Concerning the same.

Likewise Pope Julius, [in the letter to the Easterners, cc. 35 and 8]. No one can be summoned or judged before all things taken from him and all his rights are restored to him in full, because one who has already been stripped has no privilege of which he can be stripped.

Friedberg, col. 449/450

6.

C. VI. Concerning the same.

Likewise Zephyrinus, [Pope to the bishops of Egypt, letter II]. It is therefore commanded in the ancient statutes that those cast out and despoiled of their property shall recover their own churches, and first all their property shall be returned to them; and then, if anyone wishes to accuse them justly, he shall do so under equal peril. They decree that the judges shall be bishops thinking rightly and assembling in the church where the witnesses of each person who seemed oppressed were, and that the defendants shall not answer before all their property has been restored most fully, according to the laws, to them and their churches.

Friedberg, col. 449/450