Distinction LXV

GRATIAN. Part I. The consent of the comprovincial bishops is universally desired in the ordination of a bishop. But if some, led by animosity, wish to contradict, let the judgment of the greater number prevail. Hence in the Council of Nicaea, [c. 6]:

Indeed, if, when the common consent of all has been reasonably proved according to the ecclesiastical rule, two or three, led by animosity, contradict contentiously, let the judgment of the greater number of priests prevail.

Likewise from the Council of Pope Martin. A bishop ought not to be ordained without the counsel and presence of the metropolitan bishop. All the priests who are in the province ought to be present, and the metropolitan ought to summon them by his letter. And indeed, if all come, it is well; but if this is difficult, the greater number ought to come. Those who do not assemble, however, are to make their presence known through their letters, and thus, when the consent of all has been given, the ordination of the bishop ought to be made. But if it is done otherwise than was determined by us, we decree that such an ordination has no validity. Part II. § 1. But if the ordination of a bishop has been made according to the canons and someone with his malice contradicts it in some respect, let the consent of the greater number prevail.

Likewise from the Council of Antioch, [c. 19]. A bishop is not to be ordained without the counsel and presence of the metropolitan bishop; it will be better for him if the bishops assemble from the whole province. But if this cannot be done, let those who cannot be present indicate by their own letters their consent concerning the man, and then at last, after the consent of the greater number, whether through presence or through letters, let him be ordained by a concordant judgment. But if it is done otherwise than has been enacted, let an ordination of this kind have no validity. § 1. But if an ordination is celebrated even according to the defined rules, while some contradict because of their own private enmities, let the judgment of the greater number concerning him prevail, with those men disregarded. GRATIAN. But if it is established that a province has a primate, it will not be permissible even for the metropolitan to consecrate a bishop without his knowledge. Hence Pope Leo of the city of Rome to Bishop Anastasius, [epistle LXXXII, otherwise LXXXIV, c. 6]:

Concerning the person of the bishop to be consecrated, and the consent of the clergy and people, let the metropolitan bishop report to your fraternity, and let him make known to you what has found good pleasure in the province, so that your authority too may confirm the ordination that is duly to be celebrated. This authority ought to bring no delay or difficulty to proper arrangements, lest the care of pastors be long absent from the Lord’s flocks.

Likewise from the Third Council of Carthage, [c. 12]. It pleases all that, without consulting the primate of the province in question, no one is to presume so readily, even with many others, to ordain a bishop in any place without his precept, as was said. § 1. But if necessity exists, three bishops, wherever they may be, ought to ordain a bishop with the primate’s precept.

Likewise from the Council of Nicaea, [c. 6]. Let the ancient custom endure in Egypt, Libya, and Pentapolis, so that the Bishop of Alexandria may have authority over all these, since indeed a parallel custom exists for the Bishop of Rome. § 1. Similarly, at Antioch and throughout the other provinces, let its own honor be preserved for each church.

Likewise from the same, [c. 7]. Since ancient custom and venerable tradition have prevailed that honor be deferred to the bishop of Aelia, that is, Jerusalem, let him accordingly have honor, while the proper dignity of the metropolitan city nevertheless remains. GRATIAN. But one who has been ordained by his comprovincial bishops with the metropolitan’s permission is to present himself before him within the established times. Hence it reads in the Council of Tarragona, [c. 5]:

If a bishop has not been ordained in the metropolitan city, after he has received the blessing and obtained the episcopal honor through letters of the metropolitan, we have decreed it to be best that afterward, at the established time—that is, when two months have been completed—he present himself before his metropolitan, so that, having been instructed by him in ecclesiastical admonitions, he may recognize more fully what he ought to observe. But if perchance he neglects to fulfill this, let him be rebuked and corrected by the brothers in the synod. And if he has been prevented by some illness from fulfilling it, let him take care to indicate this to the metropolitan by his letters. Part III. GRATIAN. By these authorities it is given to be understood that bishops ought to be ordained by their comprovincial bishops. But it is asked: if there are many bishops in a province and it happens that one bishop alone remains, what ought to be done? Because he is alone, he cannot ordain a bishop; he has no comprovincial bishops with whom he may consecrate a bishop. Therefore, when such necessity exists, what is to be done is defined in the Council of Sardica, where it reads as enacted as follows, [c. 5]:

If perchance it happens that only one bishop remains in a province, let the surviving bishop summon bishops from a neighboring province and with them ordain bishops as his comprovincials. But if he neglects to do this, let the peoples approach the bishops of a neighboring province, and let those bishops first admonish the bishop who dwells in that province, and let them show that the peoples request a ruler for themselves and teach that it is just that he himself come and with them ordain a bishop. But if, after being approached by letters, he remains silent and dissimulates and writes nothing in reply, then the peoples are to be satisfied, so that bishops may come from a neighboring province and ordain a bishop.