Question VIII

GRATIAN. But Pope Zephyrinus attests that a bishop ought not to be heard or judged by one person alone, [letter I to the Bishops of Sicily], saying:

Let accusers of bishops be free from every suspicion, because the Lord willed his columns to stand firmly, not to be shaken by just anyone. § 1. For let no sentence not spoken by his own judge bind any of them, because even the laws of the world command the same thing to be done. § 3. Let any accused bishop, if it is necessary, choose twelve judges by whom his case may be justly judged. Nor shall he be heard, excommunicated, or judged before they themselves have been chosen by him and, after he has first been summoned according to rule to the assembly of his bishops, his case is justly heard and reasonably decided by them. But let the conclusion of his case be referred to the apostolic see, so that it may be concluded there. § 4. Let no one who is absent be judged, “because both divine and human laws prohibit this.” Likewise Bishop Felix said in the Third Council of Carthage, [c. 10]:

I propose, according to the statutes of the ancient councils, that if any bishop—which we do not desire—has fallen into some guilt, if there is an excessive necessity for him such that he cannot assemble many, then, lest he remain under the crime, let him be heard by twelve bishops.