Council XIII. of Toledo.
THIS Council was also holden under King Ervigius, (An. 683.) The same Metropoli∣tans assisted at it, together with Forty Four Bishops, Twenty Four Deputies of other Bi∣shops, * 1.1 Eight Abbots, and Twenty Six Lords. They read the Memoir sent to them by King Ervigius, containing the Heads of such matters as he would have to be regulated by them. Then they made a Confession of Faith, and recited the Creed, according to the custom. The Three first Canons respect Secular Affairs, and confirm what the Prince had done.
The 1st, Is a Pardon in favour of those who had formerly conspired with Paul against the State.
The 2d, Is a determination of the manner how to proceed against the Lords of the Court, accused of Capital Matters, and how to judge them.
And the 3d, Is about the remitting of the extraordinary Taxes granted to Ervigius. These Three Canons are all of the First Day.
The next Day the Bishops being desirous to shew their gratitude to their Prince for the fa∣vours he had bestowed upon them, provided for the Security of his Children and Family.
By the 4th Canon, and by the 5th, They forbid any person Marrying his Widow:
The 6th, Prohibits advancing the Offices of the Court-Slaves, or Free-Men, unless they be∣long to the Exchequer.
The 7th, Forbids to uncloath the Altars, take away the Wax-Candles, Adorn the Church in a Mournful manner, or to cease to Offer the Sacrifice, without great necessity.
The 8th, Orders Bishops to come, when sent for by their Metropolitan, to be present at some Festival.
The 9th, Confirms and repeats compendiously the Canons of the 12th Council of To∣ledo.
The 10th, made in the 3d Meeting of the Council, Is concerning a difficult case proposed by Gaudentius Bishop of Valeria, or Villareo, who being fallen Sick had subjected himself to the Laws of Penance. He desired to know, whether, in case he recovered, he might Exe∣cute his Function, and Celebrate the Holy Mysteries. The Council ordains, That he may, after he is reconciled; because the Canons permit those who being at the point of Death, have indeed received Penance, but yet have confessed no Crimes, to be admitted into the Clergy. Upon this Principle, they make a general Law, that the Bishops, who have received Penance, without confessing any Mortal Sins, being reconciled by their Metropolitan, may return to their Functions. Notwithstanding, if they had been convicted of any Crimes, before they were put to Penance, or if they have confessed some capital Sins upon their receiving of it, they shall abstain from their Functions, as long as the Metropolitan shall think fit. But if in submitting themselves to Penance they confessed no Mortal Sin, tho' they have committed some, which they conceal in their own Conscience, they have the liberty to examine them∣selves in their own Conscience, whether they should offer the Sacrifice, or not: But this de∣pends upon their own Will, and not upon Men's Judgment.
The 11th Canon prohibits keeping or entertaining another Bishop's Clerk, or helping his escape, or affording him means of hiding himself. It is observed there, that those ought not to be reckoned among Fugitives, who go to their Metropolitan about their own bu∣siness.
It is ordained contrary-wise by the 12th Canon, That a Clerk, who having some business with his Bishop, betakes himself to the Metropolitan, ought not to be Excommunicated by his Bishop, before the Metropolitan hath judged whether he deserve Excommunication. Like∣wise,