Question — Decretum of Gratian
Question V
GRATIAN. Without letters from the apostolic pontiff, a bishop who has been accused and summoned by the holy see shall not return to his own church. Hence Pope Sixtus [I] says, [letter II, c. 2]:
GRATIANUS. Sine litteris apostolici episcopus accusatus, et a sancta sede uocatus ad suam non reuertatur ecclesiam. Unde Sixtus Papa [I.] ait: [epist. II. c. 2.]
Friedberg, col. 599/600
C. I. A bishop summoned by the holy apostolic see shall not return home unless cleared and furnished with apostolic letters.
Any one of the brothers who has been assailed and summoned by this holy see, when he has presented himself to us, shall not return before he has been fully furnished from here with apostolic or formal letters and has been cleared, if there was anything from which to clear him; and after he has returned home, let his neighbors learn how he concluded his own case and that of others here, so that he may be able to announce and proclaim it to all without any uncertainty. For the bishops were commanded by the holy apostles to be protected, defended, and freed by this holy see, so that, just as they were first established by their arrangement under the ordinance of the Lord, so by the protection of this holy see—to whose disposition they reserved their cases and judgments—they may in future times be always free from all perversities. Hence those who have acted otherwise concerning the brothers than they knew would please the rulers of this see are blamed.
C. I. A sede sancta apostolica uocatus episcopus ad domum non reuertatur, nisi purgatus et apostolicis litteris instructus.
Quilibet fratrum pulsatus, atque ab hac sancta sede uocatus, cum se nobis representauerit non prius reuertatur, quam hinc litteris apostolicis uel formatis pleniter instructus atque purgatus sit, si fuerit unde, et, postquam domum reuersus fuerit, cognoscant uicini sui qualiter suam aliorumque causam hic finierit, quatinus illam absque ulla ambiguitate nunciare et predicare omnibus possit. Ab hac enim sancta sede a sanctis apostolis tueri, defendi et liberari episcopi iussi sunt, sicut eorum dispositione ordinante Domino primitus constituti sunt, sic huius sanctae sedis (cuius dispositioni eorum causas et iudicia seruauerunt) protectione futuris temporibus sint ab omnibus peruersitatibus semper liberi. Unde culpantur hii, qui circa fratres aliter egerint, quam huius sedis rectoribus placere cognouerint.
Friedberg, col. 599/600