Question — Decretum of Gratian

Question III

English · Latin · Both

¶.

GRATIAN. That one who is impeded and is unable to be present for his case can conduct his case through a procurator appears to be proved by the authority of the Roman Synod celebrated in the time of Pope Hadrian, in which [c. 5] it is read to have been enacted thus:

Friedberg, col. 547/548

1.

C. I. Let one whom grave necessity presses send a legate for himself to a synod.

If a bishop is ill, or some grave necessity detains him, let him send a legate for himself to the synod; and let one against whom a charge is directed not be suspended from communion unless, summoned by letters to plead his case on the day appointed by the chosen judges, he has failed to appear—that is, unless an extraneous necessity has forestalled him—within the space of two or three months, or longer, as the case shall dictate. GRATIAN. In book IX of the Code, title On Accusations and Formal Inscriptions, [law 3], Emperor Alexander: The laws governing public trials permit absent defendants charged with capital crimes to be defended even through procurators. GRATIAN. § 1. Behold, a bishop, if he is impeded and unable to be present for his case, is ordered to send a legate for himself to the synod. But this legate is sent not to conduct the case, but to explain to the synod the necessity by which the impeded bishop was unable to present himself to the synod. No one, however, is permitted to conduct a case, especially a criminal one, except in person. Hence Pope Hadrian [c. 38] says:

Friedberg, col. 547/548

2.

C. II. One who accuses criminally, or is accused, shall litigate in person.

In criminal cases neither can an accuser accuse anyone except in person, nor is the accused permitted to defend himself through another person.

Friedberg, col. 547/548

3.

C. III. In all cases except criminal ones, bishops and priests shall have an advocate for themselves.

Likewise Pope Anacletus. Because a bishop and all priests are appointed solely for the praise of God and the performance of good works, each of them ought to have an advocate, both for ecclesiastical actions and also for his own—except, of course, in a public criminal charge—one found to be neither suspect because of an evil reputation, but of good repute and praiseworthy skill, lest, while they attend to human gains, they lose eternal rewards.

Friedberg, col. 547/548