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Appeal canons

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The Council of Sardica (343) canons 3–5,[a] which the Council of Trullo (692) canon 2 accepted for the Byzantine Church,[1][b] codified a facet of auctoritas as the court of final instance empowered to review the trial records of episcopal courts of first instance and order retrials.[2]

Understanding the primacy of the Bishop of Rome "is necessarily relevant to the interpretation of the canons."[3] According to Hess, historically "a certain undefined and occasionally exercised primacy of leadership was attributed," but an assumption that these canons "involved an attribution of jurisdiction" is a fallacy since they emphasized the moral authority of the Bishop of Rome.[3] The canons "formula represents a stage of development towards the notion of papal jurisdiction."[4]


The Council of Sardica was not an ecumenical council since many bishops, including some Arians, abandoned the assembly.[5]

It was a licit and orthodox provincial synod of Eastern bishops recognizing the right of appeal with special reference to the action of Athanasius.[2]


Canon 3 defines that a provincial tribunal of bishops, from inside a defendant-bishop's province, is the court of first instance for a trial; defines that the Bishop of Rome is the court of final instance; defines that the judgment of the tribunal of bishops, from inside a defendant-bishop's province, may be appealed to the Bishop of Rome; defines that the Bishop of Rome may review the trial records and either affirm the judgment of the tribunal of bishops, from inside a defendant-bishop's province, or order a first retrial; defines that a tribunal of bishops, from outside a defendant-bishop's province, is the court of first instance for a first retrial; defines that a judgment affirmed by the Bishop of Rome has no recourse. [6][c][d]

Canon 4 forbids the ordination of a replacement candidate to assume the defendant-bishop's office until after the Bishop of Rome reviews trial records and renders a judgment on an appeal.[10][c][e]

Canon 5 provides that the pope shall appoint as judge either a neighboring bishop or a papal legate.[2]


Turner wrote that this formulation allowed and yet limited appeals, left each case to be dealt with by local knowledge and yet introduced an arbiter superior to local prejudice.[13]

The four most significant elements which developed, according to Turner (1902, p. 389), were:

  • the judicial function of metropolitans
  • the stated number of bishops who form a court
  • the personal jurisdiction in appeals
  • the quasi-ecumenical position of the Bishop of Rome


[f]

[g]



Notes

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  1. ^ According to Fortescue (1908, pp. 68–69), Council of Sardica canons were often joined to the First Council of Nicaea canons, which convoked about 20 years earlier, and were sometimes quoted as Nicene. According to Turner (1902, p. 374), no two manuscripts agree on the numbering. According to Hess (2002, pp. 179–180), they are "now universally accepted" as genuine but interpreted inconsistently.
  2. ^ According to Cummings (1957, p. 581), the Council of Sardica canons were "confirmed definitely" in the Council of Trullo (692) canon 2 and by "this confirmation they have acquired a power which is in a way ecumenical."
  3. ^ a b Cummings (1957, pp. 586–587) notes, for canons 3–5, to see the prolegomena to the Council of Sardica,[7] the interpretation of both the Council of Carthage (419) letter to Pope Boniface I and the Council of Carthage (424) letter to Pope Celestine I.[8] Cummings (1957, p. 586) notes, for canons 3–5, that John Zonaras reasoned, in the 12th century, that these canons refer only to provinces that are subject to the pope.
  4. ^ Cummings (1957, p. 586) notes for canon 3, to see interpretation of Council of Chalcedon (451) canon 28.[9]
  5. ^ Cummings (1957, p. 586) notes for canon 4, to see Apostolic canon 74,[11] Council of Protodeutera (861) canon 16.[12]
  6. ^ Turner (1902, p. 388) notes that there is no provision for relocating the trial to the court of the Bishop of Rome and exercising personal jurisdiction.
  7. ^ Turner (1902, p. 388) interprets that the judges "are apparently to be selected by the Pope from among the local bishops."

Citations

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  1. ^ Cummings 1957, pp. 294–296, 581; Fortescue 1908, pp. 68–69.
  2. ^ a b c Fortescue 1908, pp. 68–69.
  3. ^ a b Hess 2002, p. 187.
  4. ^ Hess 2002, p. 188.
  5. ^ Cummings 1957, p. 579, 581; Denzinger-Hünermann 2012, p. 343; Fortescue 1908, pp. 68–69.
  6. ^ Cummings 1957, pp. 585–586; Denzinger-Hünermann 2012, n. 133; Fortescue 1908, p. 69; Turner 1902, p. 388.
  7. ^ Cummings 1957, pp. 579–583.
  8. ^ Cummings 1957, pp. 706–712.
  9. ^ Cummings 1957, pp. 271–276.
  10. ^ Cummings 1957, p. 586; Denzinger-Hünermann 2012, n. 134; Fortescue 1908, p. 69; Turner 1902, p. 388.
  11. ^ Cummings 1957, pp. 131–134.
  12. ^ Cummings 1957, pp. 471–473.
  13. ^ Turner 1902, p. 389.

References

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  • Agapios the Peloponnesian; Nicodemus the Hagiorite, eds. (1957). The rudder (Pēdalion) of the metaphorical ship of the One Holy Catholic and Apostolic Church of the Orthodox Christians (PDF). Translated by Denver Cummings (translation of the Greek 5th ed.). Chicago, IL: Orthodox Christian Educational Society. OCLC 233574160. Archived from the original (PDF) on 2008-07-23. {{cite book}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  • Denzinger, Heinrich; Hünermann, Peter; et al., eds. (2012). Enchiridion symbolorum: a compendium of creeds, definitions and declarations of the Catholic Church (43rd ed.). San Francisco: Ignatius Press. ISBN 978-0-898707-46-5. {{cite encyclopedia}}: Missing or empty |title= (help)
  •   One or more of the preceding sentences incorporates text from this source, which is in the public domain: Fortescue, Adrian (1908). "Rome and the Eastern Churches". The Orthodox Eastern Church (2nd ed.). London: Catholic Truth Society. OCLC 880670516. {{cite book}}: External link in |chapterurl= (help); Invalid |ref=harv (help); Unknown parameter |chapterurl= ignored (|chapter-url= suggested) (help)
  • Hess, Hamilton (2002) [1958]. "The appeal canons". The early development of Canon Law and the Council of Serdica. Oxford early Christian studies. Oxford [u.a.]: Oxford University Press. doi:10.1093/0198269757.003.0012. ISBN 978-0-198269-75-5. {{cite book}}: External link in |chapterurl= (help); Invalid |ref=harv (help); Unknown parameter |chapterurl= ignored (|chapter-url= suggested) (help)
  •   One or more of the preceding sentences incorporates text from this source, which is in the public domain: Turner, Cuthbert H. (April 1902). "The genuineness of the Sardican canons". The journal of theological studies. 3 (11). Oxford: Oxford University Press: 370–397. ISSN 0022-5185. {{cite journal}}: Invalid |ref=harv (help)
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