Canon XI.
If any bishop, or presbyter, or any one whatever of the canon shall presume to betake himself to the Emperor without the consent and letters of the bishop of the province, and particularly of the bishop of the metropolis, such a one shall be publicly deposed and cast out, not only from communion, but also from the rank which he happens to have; inasmuch as he dares to trouble the ears of our Emperor beloved of God, contrary to the law of the Church. But, if necessary business shall require any one to go to the Emperor, let him do it with the advice and consent of the metropolitan and other bishops in the province, and let him undertake his journey with letters from them.
Notes.
Ancient Epitome of Canon XI.
A bishop or presbyter who of his own motion and not at the bidding of the Metropolitan of the province goes to the Emperor shall be deprived both of communion and dignity.
This canon is one of those magnificent efforts which the early church made to check the already growing inclination to what we have in later times learned to call Erastianism. Not only did the State, as soon as it became Christian, interfere in spiritual matters at its own motion, but there were found bishops and others of the clergy who not being able to attain their ends otherwise, appealed to the civil power, usually to the Emperor himself, and thus the whole discipline of the Church was threatened, and the authority of spiritual synods set aside. How unsuccessful the Church often was in this struggle is only too evident from the remarks of the Greek commentator Balsamon on this very canon.
Hefele.
Kellner (Das Buss. und Strafversahren, p. 61) remarks with reference to this, that deposition is here treated as a heavier punishment than exclusion from communion, and therefore the latter cannot mean actual excommunication but only suspension.
Canon XII.
If any presbyter or deacon deposed by his own bishop, or any bishop deposed by a synod, shall dare to trouble the ears of the Emperor, when it is his duty to submit his case to a greater synod of bishops, and to refer to more bishops the things which he thinks right, and to abide by the examination and decision made by them; if, despising these, he shall trouble the Emperor, he shall be entitled to no pardon, neither shall he have an opportunity of defence, nor any hope of future restoration.
Notes.
Ancient Epitome of Canon XII.
One deposed, if he shall have troubled the Emperor, shall seek the greater synod, and submit to its decree. But if he again misbehave himself, he shall not have any chance of restoration.
It is usually supposed that this canon, as well as the fourth, and the fourteenth and fifteenth, was directed against St. Athanasius, and it was used against St. Chrysostom by his enemies. Vide Socrates, Ecclesiastical History, Book II., Chapter viij., and Sozomen's Ecclesiastical History, Book III., chapter v.; also ibid. Book VII., chapter xx.
This canon is found in the Corpus Juris Canonici, Gratian's Decretum, Pars II., Causa XXI., Quæst. V., Can. ij., in Isidore's Version.
Canon XIII.
No bishop shall presume to pass from one province to another, and ordain persons to the dignity of the ministry in the Church, not even should he have others with him, unless he should go at the written invitation of the metropolitan and bishops into whose country he goes. But if he should, without invitation, proceed irregularly to the ordination of any, or to the regulation of ecclesiastical affairs which do not concern him, the things done by him are null, and he himself shall suffer the due punishment of his irregularity and his unreasonable undertaking, by being forthwith deposed by the holy Synod.
Notes.
Ancient Epitome of Canon XIII.
If without invitation a bishop shall go into another province, and shall ordain, and administer affairs, what he does shall be void and he himself shall be deposed.
Compare with this Apostolic Canon xxxv.; also canon xxii. of this same synod.
This canon is found in the Corpus Juris Canonici, Gratian's Decretum, Pars II., Causa ix., Quæst. II., Can. vj. in the Versio Prisca. The Roman Correctors are not satisfied with it, however, nor with any version and give the Greek text, to which they add an accurate translation.