Presbyters Uniwersytet Warszawski
ID
ER 947
Canon 6 of the Twelfth Council in Toledo (Iberian Peninsula, AD 681) gives the bishop of Toledo the right to intervene in ecclesiastical elections in other provinces.
Canon 6
 
De concessa Toletano pontifici generalis synodi potestate ut episcopi alterius prouinciae cum coniuentia principum in urbe regia ordinentur.
 
Illud quoque collationi mutuae decernendum nobis occurrit, quod in quibusdam ciuitatibus, decidentibus episcopis propriis, dum differtur diu ordinatio successoris, non minima creatur et officiorum diuinorum offensio et ecclesiasticarum rerum nocitura perditio. Nam dum longe lateque diffuso tractu terrarum commeantium impeditur celeritas nuntiorum, quo aut non queat regiis auditibus decidentibus praesulis transitus innotesci aut de successore morientis episcopi libera principis electio praestolari, nascitur saepe et nostro ordini de relatione talium difficultas et regiae potestati, dum consultum nostrum pro subrogandis pontificibus sustinet iniuriosa necessitas. Vnde placuit omnibus pontificibus Spaniae atque Galliae ut, saluo priuilegio uniuscuiusque prouinciae, licitum maneat deinceps Toletano pontifici quoscumque regalis potestas elegerit et iam dicti Toletani episcopi iudicium dignos esse probauerit, in quibuslibet prouinciis in praecedentium sedibus praeficere praesules et decidentibus episcopis eligere successores; ita tamen ut quisquis ille fuerit ordinatus, post ordinationis suae tempus infra trium mensuum spatium proprii metropolitani praesentiam uisurus accedat, qualiter eius auctoritate uel disciplina instructus condigne susceptae sedis gubernacula teneat. Quod si per desidiam aut neglectu quolibet constituti temporis metas excesserit, quibus metropolitani sui nequeat obtutibus praesentari, excommunicatum se per omnia nouerit, excepto si regia iussione impeditum se esse probauerit. Hanc quoque definitionis formulam, sicut de episcopis, ita et de ceteris ecclesiarum rectoribus placuit obseruandam.
 
(eds. Martínez Díez, Rodríguez 2002: 169-171)
Canon 6
 
On the power that the general council conceded to the pontiff of Toledo so that a bishop of another province be ordained in the royal city with the assent of the king.
 
We also have to decide with mutual assent on an issue that came to our attention. In some cities, when their bishops die, the ordination of their successors is delayed for so long that it brings harm to the divine ministry and loss to Church property. Messengers travel rather slowly because of the vastness of the country, and they can neither inform the king on time about the prelates who have passed away nor wait for the free decision of the ruler on the successor of the dying bishop. It is often difficult for our order [i.e. bishops] to provide timely information [to the king] and this harmful adversity prevents the king from [giving a response] to our requests for pontifical successors. Therefore, it pleased all the pontiffs of Spain and Gaul that from now on the pontiff of Toledo is allowed to appoint the people who are chosen by the royal power and approved as worthy by the judgement of the above mentioned Toletan pontiff as prelates in advance in the sees of any province (having respected the privilege of every province) and elect the successors for deceased bishops. But in such a way that whoever is ordained, he shall approach his own metropolitan bishop within the period of three months so that having been instructed by his authority and discipline he can dutifully govern the received see. If  because of idleness or neglect he does not present himself to the metropolitan in the prescribed time, he shall know he will be excommunicated, except if he proves that he was delayed by royal order. This decision shall be observed in respect to the bishops as well as other rectors of the churches.
 
(trans. M. Szada)

Discussion:

It is not clear whether rectores ecclesiae refer here to the presbyters (heads of the parish churches perhaps?), but the last sentence of the canon suggests that this is a group distinct from the bishops. It is however difficult to explain why the metropolitan bishop of Toledo and/or the king would like to intervene in appointments on such low hierarchical level.

Place of event:

Region
  • Iberian Peninsula
City
  • Toledo

About the source:

Title: Concilium Toletanum XII a. 681, Concilium XII Toletanum a. 681, Twelfth Council of Toledo in 681 AD
Origin: Toledo (Iberian Peninsula)
Denomination: Catholic/Nicene/Chalcedonian
The Twelfth Council of Toledo gathered on 9 January 681, after the reign of King Wamba came to an end. The senior bishop at the council was Julian of Seville, and the bishop of Toledo was at the time Julian of Toledo (the author of Historia Wambae). The preface of the acts of the council relates the end of Wamba`s rule, his illness, and the penance he received on his deathbed. He survived, but, as a penitent, he could not continue to be a king; thus the new kingdom passed to Ervig, whose rule the council confirmed. Since the circumstances of Ervig`s ascent to power were at least suspicious, Ervig issued a document, (a tomus) to assert his version of the facts related above that was appended to the acts of the council (Thompson 1960: 229–231). The council also confirmed the anti-Jewish legislation added by Ervig to the Lex Visigothorum (there are 28 of them, many concern priests and presbyters; see [553], [555], [606], [632], [635], [636], [637], [646], [648], [649], [652]), see Collins 2004: 234-235.
Edition:
G. Martínez Díez, F. Rodríguez eds., La colección canónica Hispana, Monumenta Hispaniae sacra. Serie canónica 6, Madrid 2002.
Bibliography:
R. Collins, Visigothic Spain, 409-711, Oxford 2004.
E.A. Thompson, The Goths in Spain, Oxford 1969.

Categories:

Public law - Ecclesiastical
    Relation with - Bishop/Monastic superior
      Relation with - Monarch and royal/imperial family
        Reasons for ordination - Patronage
          Described by a title - Rector
            Please quote this record referring to its author, database name, number, and, if possible, stable URL: M. Szada, Presbyters in the Late Antique West, ER947, http://www.presbytersproject.ihuw.pl/index.php?id=6&SourceID=947