Question — Decretum of Gratian

Question III

English · Latin · Both

¶.

GRATIAN. It is not lawful, however, for anyone to seek the judgment of the archbishop of another province.

Hence Gregory says, [response IX to Augustine, Bishop of the English]:

Friedberg, col. 561/562

1.

C. I. It is not lawful for anyone to judge another's parishioner.

It is written in the law: “When passing through another's harvest, you ought not to put in a sickle, but to rub the ears with your hand and eat.” For you ought not to put the sickle of judgment into that crop which is seen to have been entrusted to another; but through the affection of a good work strip the Lord's grains of the chaff of their vices, and by admonishing and persuading, as though by chewing, convert them into the body of the Church.

Friedberg, col. 561/562

2.

C. II. How many cities each province is to have.

Likewise Pope Pelagius [II, letter VIII] to all Bishops. Know that a province is established which has ten or eleven cities, and one king, and as many lesser authorities under him, and one metropolitan, and ten or eleven other suffragan bishops as judges, to whose judgment all cases of bishops, of the other priests, and of cities are to be referred, so that they may be justly decided by them all with a concordant voice, unless an appeal has been made to a greater authority by those who are to be judged. Hence it is not fitting that each province be degraded or dishonored, but let it have among its own people judges, priests, and bishops, each, of course, according to their own orders; and whoever has a case shall be judged by his own judges and not by outsiders, that is, by the just judges of his own province and not by strangers, unless—as has already been touched upon—an appeal has been made by those who are to be judged.

Friedberg, col. 561/562

3.

C. III. Let every bishop subject himself to the judgment not of others, but of his own primate.

Likewise Pope Nicholas. Finally, if Suffredus knew that there was in him such a crime by which he could rightly be deprived of the episcopate, or perhaps felt himself weighed down by an infirmity by which, being impeded, he could benefit none of his neighbors through his prelacy, he ought to have awaited the judgment of his own primate and not that of the bishops of other dioceses. But if any ambiguity or perhaps any contention concerning his examination or renunciation of the episcopate had arisen, it would have been fitting for it to be referred according to custom to the apostolic see, and all ought in these matters to have awaited our decrees entirely. Because this was omitted, as we have grieved until now, I vehemently implore your glory, most beloved by me, that the aforesaid Bishop Suffredus be restored to his own episcopate; and if he did anything deserving of rebuke, it shall afterward be determined by either correction or a worthy punishment.

GRATIAN. There is nevertheless a case in which a bishop can excommunicate the parishioner of another. Hence in the Council at Compiègne, [c. 5]:

Friedberg, col. 561/562

4.

C. IV. When a bishop can excommunicate another's parishioner.

It was resolved for the common benefit that no bishop take it grievously if another bishop has excommunicated his parishioner for a cause of depredation.

[PALEA.

Friedberg, col. 563/564

5.

C. V. Concerning the same.

Likewise from the Council of Meaux, c. 2. Concerning those who have a benefice or inheritance within a parish, but are parishioners of another bishop, and who journey from place to place and commit rapine and depredations, it was resolved that they be excommunicated and not depart from the diocese before they worthily amend what they have perpetrated. Their excommunication is to be signified to their lord and to their own bishop, lest he receive them before they return to the place where they committed the rapine and there amend all things fully.]

Friedberg, col. 563/564