Presbyters Uniwersytet Warszawski
ID
ER 1582
Canon 41 of the Diocesan Synod of Auxerre (Gaul, AD 561/605, most probably AD 585/592) decrees that presbyters should act through representatives if they want to take someone to a court of law.
Canon 41
 
Non licet presbytero nec diacono quemquam inscribere, sed in uice sua, si causa habuerit, aut fratrem aut quemcumque saecularem roget.
 
(ed. de Clercq 1963: 270)
Canon 41
 
No presbyter or deacon may cite (inscribere) anyone before a secular judge, but, if he has a cause, he shall ask his brother or some layman [to act] in his stead.
 
(trans. Hillgarth 1986: 105)

Place of event:

Region
  • Gaul
City
  • Auxerre

About the source:

Title: Diocesan Synod of Auxerre, Synodus Dioecesana Autissiodorensis
Origin: Auxerre (Gaul)
Denomination: Catholic/Nicene/Chalcedonian
The acts of the Diocesan Synod of Auxerre are unique, as no other evidence from the Merovingian diocesan councils has been preserved. This synod was called by Bishop Aunacharius of Auxerre. Traditionally, the only dates given for this council were those of the Aunacharius pontificate, which lasted from 561 to 605. It was pointed out, however, that several canons from Auxerre refer to the Second Council of Mâcon of 585, and, thus, the Synod of Auxerre gathered most probably after that year. In canon 44, the decree upholds the law of the unknown ruling king: most probably this is a reference to King Guntram, who died in 592. Hence, the Synod was held before that date (see, PCBE Gaule I: Aunacharius). As a diocesan council, this gathering was attended by only one bishop but thirty-three presbyters, seven abbots, and three deacons. It is not surprising, therefore, that many canons concern the presbyters, deacons, and lower clergy.
Edition:
C. de Clercq ed., Concilia Galliae a. 511-a. 695, Corpus Christianorum. Series Latina 148 A, Turnhout 1963.
 
Translation:
J.N. Hillgarth, Christianity and paganism, 350-750: the conversion of Western Europe, Philadelphia 1986.
J. Gaudemet, B. Basdevant, Les canons des conciles mérovingiens VIe-VIIe siècles, Sources chrétiennes 353, Paris 1989.

Categories:

Described by a title - Presbyter/πρεσβύτερος
    Public law - Ecclesiastical
      Relation with - Secular authority
        Please quote this record referring to its author, database name, number, and, if possible, stable URL: J. Szafranowski, Presbyters in the Late Antique West, ER1582, http://www.presbytersproject.ihuw.pl/index.php?id=6&SourceID=1582