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Gregory to John, bishop of Prima Justiniana 1472 .
p. 124b After the long afflictions which Adrian, bishop of the city of Thebæ, has endured from his fellow-priests, as though they had been his enemies, he has fled for refuge to the Roman city. And though his first representation had been against John, bishop of Larissa, to wit that in pecuniary causes he had given judgment without regard to the laws, yet after this he complained most grievously rather against the person of thy Fraternity, accusing thee of having deposed him unjustly from the degree of priesthood. But we, giving no credence to petitions that have not been enquired into, perused the acts of the proceedings, whether before our brother and fellow-bishop John, or before thy Fraternity. And indeed concerning the judgment of the above-named John, bishop of Larissa, which was suspended on appeal, both the most pious emperors, in their orders sent to the bishop of Corinth, have sufficiently decreed, and we have decreed also, Christ helping us, in our letters directed through the bearers of these presents to the aforesaid John of Larissa. But having ventilated the conflicting judgments, the examination of which the imperial commands had committed to thee, and inspected the series of proceedings held before the bishop John concerning the incriminated persons, we find that thou hast investigated almost nothing pertaining to the questions named and assigned to thee for decision, but by certain machinations hast produced witnesses against the deacon Demetrius, who were to allege with a view to the condemnation of this same bishop, that they had heard this Demetrius bearing testimony concerning the said bishop;—a thing not even lawful to be heard of. And when Demetrius in person denied having done so, it appears that, contrary to the custom of the priesthood and canonical discipline, thou gavest him into the hands of the prætor of the province as a deacon deposed from his dignity 1473 . And when, mangled by many stripes, he might perchance have said some things falsely against his bishop under the pressure of torment, we find that to the very end of the business he confessed absolutely nothing of the things about which he was interrogated. Neither do we find anything else in the proceedings themselves, whether in the depositions of witnesses or in the declaration of Adrian, to his disadvantage. But it is only that thy Fraternity, I know not with what motive, in contempt of law, human and divine, has pronounced an abrupt sentence against him; which, even though it had not been suspended on appeal, being pronounced in contravention of the laws and canons, could not rightly in itself have stood. Further, after, as is abundantly evident, the appeal had been handed to thee, we wonder why thou hast not sent thy people to us to render an account of thy judgment according to the undertaking delivered to our deacon Honoratus by the representatives of thy church. This omission convicts thee either of contumacy or of trepidation of conscience. If, then, these things which have been brought before us have the rampart of truth, inasmuch as we consider that, taking advantage of your vicariate jurisdiction under us, you are presuming unjustly, we will, with the help of Christ, decree further concerning these things, according to the result of our deliberations.
But as regards the present, by the authority of the blessed Peter, Prince of the apostles, we decree that, the decrees of thy judgment being first annulled and made of none effect, thou be deprived of holy communion for the space of thirty days, so as to implore pardon of our God for so great transgression with the utmost penitence and tears. But, if we should come to know that thou hast been remiss in carrying out this our sentence, know thou that not the injustice only, but also the p. 125b contumacy, of thy Fraternity will have to be more severely punished. But, as to our aforesaid brother and fellow-bishop Adrian, condemned by thy sentence, which, as we have said, was consistent with neither canons nor laws, we order that he be restored, Christ being with him, to his place and rank; so that neither may he be injured by the sentence of thy Fraternity pronounced in deviation from the path of justice, nor may thy Charity remain uncorrected; that so we may appease the indignation of the future judge.
As to the See of Prima Justiniana, the Metropolitan jurisdiction assigned to it by the Emperor Justinian, and the vicariate jurisdiction that had been transferred to it from Thessalonica by the popes, see note on Lib. II., Ep. 22. The circumstances referred to in this and the following letter are interesting as shewing, among other things, the relations of the See of Rome to the Church in Illyricum, and the action of the Emperors with regard to it. They may be epitomized as follows. Thebæ Phthioticæ was a See in the province of Thessalia, of which Larissa was the Metropolis. But, as appears from what Gregory says in Epistle VII., Thebæ had been for some reason exempted from the metropolitan jurisdiction of the bishop of Larissa by pope Pelagius II. John and Cosmas, two deposed deacons of the Church of Thebæ, had sent a representation to the Emperor, accusing their bishop, Adrian, of defalcations in money matters, and also of certain misdemeanours; the latter being that he had retained in office one of his deacons, Stephen, whose shameful life was notorious, and that he had ordered baptism to be refused to certain infants, who had consequently died unbaptized. The Emperor (Mauricius) referred the matter to John, bishop of Larissa, as Metropolitan of Thessalia, who, notwithstanding the exemption of Thebæ from his jurisdiction by pope Pelagius II., took it up, and decided against Adrian, at any rate with respect to his alleged pecuniary defalcations. Adrian appealed against this decision to the Emperor, who thereupon deputed certain persons (not bishops) to enquire and report, and, on receiving their report, exempted Adrian from further proceedings, sending an order to that effect to the Bishop of Corinth, who was Metropolitan of the adjoining province of Achaia. Meanwhile John of Larissa had imprisoned Adrian, and elicited from him (under compulsion, it was said) an ambiguous confession of his guilt, and also obtained from the Emperor a second order committing the reinvestigation and final adjudication of the case to John, bishop of Prima Justiniana, who confirmed the sentence of John of Larissa, and deposed Adrian from his See. Adrian now at last appealed to the pope, and went himself to Rome to seek aid from Gregory, who took up the case at once and strenuously declared the past proceedings unfair, uncanonical, and void, ordered the immediate restoration of Adrian to his See, excommunicated John of Prima Justiniana, and forbade John of Larissa, under pain of excommunication, to assume hereafter any metropolitan jurisdiction over the church of Thebæ. Now it is plain that, till Adrian’s final appeal, no recourse was had by any of the parties concerned to the See of Rome, and that the Emperor, who alone was at first appealed to, took the matter up on his own authority without reference to Rome: nor was it till he had failed of redress from Constantinople that Adrian himself appealed to Gregory. But it is equally evident that Gregory, when appealed to, asserted his own plenary jurisdiction as matter of course and without hesitation: nor is there any evidence to shew that his assertion of authority was resisted either by the Illyrican prelates or the Emperor. It was probably a case in which the Emperor himself took little interest; and he might be glad that the pope should take it out of his hands and settle it. It was otherwise, however, in a subsequent case (though occurring not in Eastern, but in Western Illyricum), in which Gregory was at issue with the Emperor with respect to the appointment of a bishop to the See of Salona, as will be seen hereafter. See III. 47, note 2.
124b:1473Otherwise he could not have been examined by scourging, as it appears he was. For clerics were by law exempt from the question.