Presbyters Uniwersytet Warszawski
ID
ER 2264
Canon 17 (= canon 14 in the Greek version) of the Council of Serdica (Dacia) in 343 says that a presbyter or a deacon whom his bishop wants to excommunicate should have a right to appeal to the neighbouring bishops. The bishop`s decision concerning his clerics should be tested and then rejected or approved by his fellow-bishops. The clerics, though, should be obedient to their bishops.
Latin text:
 
Canon 17
 
OSSIVS EPISCOPVS DIXIT:
Quid me adhuc moueat reticere non debeo: si episcopus quis forte iracundus (quod esse non debet) cito aspere commoueatur aduersus praesbyterum siue diaconum suum et exterminare eum de ecclesia uoluerit, prouidendum est ne innocens damnetur aut perdat communionem; habeat potestatem eiectus ut finitimos interpellet ut causa eius audiatur et diligentius tractetur, quia non oportet ei negari audientiam roganti; et ille episcopus qui aut iuste aut iniuste reiecit patienter accipiat ut negotium discutiatur, ut aut probetur eius aut emendetur sententia. Prius tamen quam omnia diligenter {et} fideliter fuerint examinata, qui comunionem non habet ante cognitionem nullus debet praesumere ut eum recipiat et communioni societ. Qui autem conuenerint, si peruiderint clericorum esse fastidium et superbiam (quia non decet ut episcopus aut iniuriam aut contumeliam patiatur), seuerioribus uerbis eos castigent ut oboediant honesta praecipienti; quia sicut ille ministris sincerem amorem debet caritatis, ita quoque {uicissim} ministri infucata debent episcopo suo exhibere obsequia.
 
Greek text:
 
Canon 14
 
Ὅσιος ἐπίσκοπος εἶπεν•
Τὸ δὲ πάντοτέ με κινοῦν ἀποσιωπῆσαι οὐκ ὀφείλω· εἴ τις ἐπίσκοπος ὀξύχολος εὑρίσκοιτο (ὅπερ οὐκ ὀφείλει ἐν τοιούτῳ ἀνδρὶ) πολιτεύεσθαι καὶ ταχέως ἄντικρυς πρεσβύτερου ἢ διακόνου κινηθεὶς ἐκβαλεῖν τῆς ἐκκλησίας τινὰ ἐθελήσοι, προνοητέον ἐστὶ μὴ ἀθῷον τὸν τοιοῦτον κατακρίνεσθαι καὶ τῆς κοινωνίας ἀποστερεῖσθαι.
Πάντες εἰρήκασιν·
Ὁ ἐκβαλλόμενος ἐχέτω ἐξουσίαν ἐπὶ τὸν ἐπίσκοπον τῆς μητροπόλεως τῆς αὐτῆς ἐπαρχίας καταφυγεῖν, εἰ δὲ ὁ τῆς μητροπόλεως ἄπεστιν ἐπὶ τὸν πλησιόχωρον κατατρέχειν, καὶ ἀξιοῦν ἵνα μετὰ ἀκριβείας αὐτοῦ ἐξετάζηται τὸ πρᾶγμα· οὐ χρὴ γὰρ μὴ ὑπέχειν τὰς ἀκοὰς τοῖς ἀξιοῦσι· κἀκεῖνος δὲ ὁ ἐπίσκοπος ὁ δικαίως ἢ ἀδίκως ἐκβαλὼν τὸν τοιοῦτον γενναίως φέρειν ὀφείλει ἵνα ἡ ἐξέτασις τοῦ πράγματος γένηται, καὶ ἢ κυρωθῇ αὐτοῦ ἡ ἀπόφασις ἢ διορθώσεως τύχῃ. πρὶν δὲ ἐπιμελῶς καὶ μετὰ πίστεως ἕκαστα ἐξεστασθῇ, ὁ μὴ ἔχων τὴν κοινωνίαν πρὸ τῆς διαγνώσεως τοῦ πράγματος ἑαυτῷ, οὐκ ὀφείλει ἐκδικεῖν τὴν κοινωνίαν. ἐὰν δὲ συνεληλυθότες τῶν κληρικῶν τινες κατίδωσιν τὴν ὑπεροψίαν καὶ τὴν ἀλαζονείαν αὐτοῦ, ἐπειδὴ οὐ προσῆκον ἐστιν ὕβριν ἢ μέμψιν ἄδικον ὑπομένειν, πικροτέροις καὶ βαρυτέροις ῥήμασιν ἐπιστρέφειν τοῦτον ὀφείλουσιν, ἵνα τῷ, τὰ πρέποντα κελεύοντι ὑπηρετῶνται καὶ ὑπακούωσιν· ὥσπερ γὰρ ὁ ἐπίσκοπος τοῖς ὑπηρέταις εἰλικρινῆ ὀφείλει τὴν ἀγάπην καὶ τὴν διάθεσιν παρέχειν, τὸν αὐτὸν τρόπον οἱ ὑποτεταγμένοι ἄδολα τοῖς ἐπισκόποις τὰ τῆς ὑπηρεσίας ἐκτελεῖν ὀφείλουσιν.
 
(ed. Turner 1939)
Latin text:
 
Canon 17
 
BISHOP OSSIUS SAID:
I ought not to keep silent about that which now moves me. If any bishop happens to be angry (which he should not be) [and] is quickly and harshly aroused against his presbyter or deacon and wishes to expel him from the Church, provision must be made lest an innocent man be condemned or lose communion [with the Church]; let the one cast out have the power to appeal to the neighbouring [bishops] that his case may be heard and carefully treated, for it is not right to deny a hearing to him who asks. And let that bishop who either justly or unjustly rejected [him] patiently accept that the matter be discussed, that his judgement may either be approved or corrected. Nevertheless, before all is examined diligently and faithfully, no one shall presume before the inquiry to receive and join in communion with him who has been deprived of communion. Moreover, those who assemble, if they find the cleric to be scornful and arrogant (since it is not appropriate that a bishop should suffer injustice or insult) they should be chastised with very severe words that they may obey him [the bishop] when he issues proper admonition, since just as he ought to [show] the sincere love of charity to his ministers, so should his ministers show respect to their bishop.
 
Greek text:
 
Canon 14
 
BISHOP OSSIUS SAID:
I ought not to be silent about that which always arouses me. If any bishop is found quick to anger (to which such a man should not be liable) and is suddenly aroused against a presbyter or deacon to expel him from the church, precaution must be taken lest he be sentenced without fault and deprived of communion.
ALL THE BISHOPS SAID:
He who is cast out shall have [the] right to take refuge with the bishop of the metropolis of the same province, and if he is away take refuge with the neighbouring [bishop], and ask that his case be painstakingly examined. For a hearing must not be denied to those who request [it]. And that bishop who justly or unjustly cast him out should bear it nobly that the examination of the case is made and his decision is ratified or denied. Before all things are carefully examined with fidelity, he who has been excluded from communion may not lay claim to receive communion before the decision of his case. And if any clergy who have come together [for the hearing] have seen arrogance and boastfulness in him, since it is not fitting to withstand insolence or unjust censure, they should correct him with strong and forceful words that he may submit to and obey commands that are fitting. For as the bishop ought to show sincere affection and kindness to those placed under him, so in the same manner the subordinates ought sincerely to perform their services to the bishops.
 
(trans. Hess 2002: 223-225, 237)

Place of event:

Region
  • Danubian provinces and Illyricum
  • Rome
City
  • Serdica
  • Rome

About the source:

Title: Council of Serdica 343, Council of Sardica 343, Concilium Serdicense a. 343, Concilium Sardicense a. 343
Origin: Serdica (Danubian provinces and Illyricum)
Denomination: Catholic/Nicene/Chalcedonian
The Council of Serdica in Dacia was a part of the Trinitarian controversy. The matter failed to be settled at the council of Nicaea in 325 which produced a credo with the controversial term "homoousios" (consubstantial) to describe the Son-Father relation in the Trinity. One of the fiercest pro-Nicenes was bishop Athanasius of Alexandria, whom his opponents managed to sentence at the council of Tyre in 335. This decision caused controversy and there were attempts to revise it. In 341, in Rome, Pope Julius I gathered a council which overturned the sentence. Julius asked the Eastern bishops to approve this revision, but when they gathered in Antioch in 341 they failed to do that; they also issued the formulation of faith which avoided the term "homoousios", approved by the council of Nicaea. Julius I asked the emperors Constans and Constantius to convene a new council to resolve this disagreement. The council gathered in Sardica in 343 and was presided over by Hosius of Cordoba. Eastern bishops arrived but were unwilling to acquit Athanasius (and other pro-Nicenes condemned by the Eastern councils: Marcellus of Ancyra and Asclepus of Gaza) and they soon left the council and withdrew to Philippopolis where they held their own gathering. The Westerners continued the proceedings, rehabilitated Athanasius, and issued a set of disciplinary canons. These survived in two differing versions, Latin and Greek. There are 21 canons in the Latin text, and twenty in the Greek; the arrangement also slightly differs. For a detailed discussion of the council of Serdica 343 and the textual problems caused by the surviving text see: Hess 2003, Stephens 2015. See also Simonetti 1975: 161-87; Hanson 1988: 293-305.
Edition:
C.H. Turner (ed.), Ecclesiae Occidentalis monumenta iuris antiquissima, 2 vols, Oxford 1899-1939
 
Translation:
H. Hess, The Early Development of Canon Law and the Council of Serdica, Oxford 2002
Bibliography:
R.P.C. Hanson, The search for the Christian doctrine of God: the Arian controversy 318-381, Edinburgh 1988.
M. Simonetti, La crisi ariana nel IV secolo, Roma 1975.
C.W.B. Stephens, Canon law and episcopal authority: the canons of Antioch and Serdica, Oxford  2015.

Categories:

Described by a title - Presbyter/πρεσβύτερος
    Described by a title - Clericus
      Ecclesiastical administration - Participation in councils and ecclesiastical courts
        Conflict
          Relation with - Bishop/Monastic superior
            Described by a title - Minister/λειτουργός/ὑπηρέτης
              Administration of justice - Ecclesiastical
                Administration of justice - Excommunication/Anathema
                  Private law - Ecclesiastical
                    Please quote this record referring to its author, database name, number, and, if possible, stable URL: M. Szada, Presbyters in the Late Antique West, ER2264, http://www.presbytersproject.ihuw.pl/index.php?id=6&SourceID=2264