Canon XIV.
If a bishop shall be tried on any accusations, and it should then happen that the bishops of the province disagree concerning him, some pronouncing the accused innocent, and others guilty; for the settlement of all disputes, the holy Synod decrees that the metropolitan call on some others belonging to the neighbouring province, who shall add their judgment and resolve the dispute, and thus, with those of the province, confirm what is determined.
Notes.
Ancient Epitome of Canon XIV.
If the bishops of the province disagree among themselves as to an accused bishop, that the controversy may be certainly settled, let other neighbouring bishops be called in.
Zonaras.
When any bishop shall have been condemned with unanimous consent by all the bishops of the province, the condemnation cannot be called into doubt, as this synod has set forth in its fourth canon. But if all the bishops are not of the same mind, but some contend that he should be condemned and others the contrary, then other bishops may be called in by the metropolitan from the neighbouring provinces, and when their votes are added to one or other of the parties among the bishops, then controversy should be brought to a close. This also is the law of the Synod of Sardica, canons iii. and v.
Aristenus.
Every bishop accused of crimes should be judged by his own synod, but if the bishops of the province differ, some saying that he is innocent and some that he is guilty, the metropolitan can call other bishops from a neighbouring province that they may solve the controversy agitated by the bishops.
This canon is found in the Corpus Juris Canonici, Gratian's Decretum, Pars II., Causa vi., Quæst. iv., can. j. The Roman Correctors note that the Latin translation implies that the neighbouring metropolitan is to be invited and say, "But, in truth, it hardly seems fitting that one metropolitan should come at the call of another, and that there should be two metropolitans in one synod."
Canon XV.
If any bishop, lying under any accusation, shall be judged by all the bishops in the province, and all shall unanimously deliver the same verdict concerning him, he shall not be again judged by others, but the unanimous sentence of the bishops of the province shall stand firm.
Notes.
Ancient Epitome of Canon XV.
If all the bishops of a province agree with regard to a bishop already sentenced, a new trial shall not be granted him.
Van Espen.
By the phrase "by others" must be understood bishops called from a neighbouring province, of which mention is made in the previous canon, where in the case of an agreement among the bishops, the synod did not wish to be called in, even if it were demanded by the condemned bishop. This canon, therefore, is a supplement as it were to the preceding. And for this reason in the Breviarium and in Cresconius's Collection of Canons they are placed under a common title, cap. 144, "Concerning the difference of opinion which happens in the judgment of bishops, or when a bishop is cut off by all the bishops of his province."
From these canons it is manifest that at first the causes of bishops were agitated and decided in provincial synods, and this discipline continued for many centuries, and was little by little departed from in the VIII^th and IX^th centuries.
This canon is found in the Corpus Juris Canonici, Gratian's Decretum, Pars II., Causa VI., Quæst. IV., Can. v. Gratian adds a note which Van Espen remarks smacks of his own date rather than of that of the Synod of Antioch.
Canon XVI.
If any bishop without a see shall throw himself upon a vacant church and seize its throne, without a full synod, he shall be cast out, even if all the people over whom he has usurped jurisdiction should choose him. And that shall be [accounted] a full synod, in which the metropolitan is present.
Notes.
Ancient Epitome of Canon XVI.
Whoever without the full synod and without the Metropolitan Council, shall go over to a vacant church, even if he has no position, he shall be ejected.
Beveridge.
This, together with the following canon, was recited by Bishop Leontius in the Council of Chalcedon, from the book of the canons, in which this is called the 95th and the following the 96th, according to the order observed in that book of the canons.
This canon is found in the Corpus Juris Canonici, Gratian's Decretum, Pars I., Dist. XCII., Can. viij. in Isidore's version, and the Roman Correctors note its departure from the original.