Folia Theologica 17. (2006)
Szabolcs Anzelm Szuromi: The importance of the councils of Toledo of the 6th-8th centuries in the Spanish and in the universal canonical discipline of the Church
232 SZ. A. SZUROMI II. The Primate of Toledo Perhaps the development of the authority of the archbishop of Toledo is a most significant peculiarity of the Spanish Church. It is very clear that the coincidence of the archbishop's residence with the residence of the King strengthened the competence of archbishop of Toledo, who took the first place in the ecclesiastical hierarchy of the Visigoth Kingdom as a primate. The expression "primate" springed from the 4th century, which originally marked the metropolitan of the African Province, who was "primus inter pares" as compared with the other bishops of the province.17 The primate of Carthage had exclusive authority before the Vandal Invasion to head the Council of the African Province, and to guard and observe the other territorial councils and metropolitans. Moreover the primate was competent to ordain priests and to consecrate bishops in the whole territory of the African Province.18 The primate of Toledo was called "primate" because of his first place in the Spanish hierarchy, and his position had an essential influence on the later hierarchical structure of the Western Church. It is common sense that the restoration of the function of primate took place by means of the Decretales Pseudo-Isidorianac, which arose between 847 and 852, very probably in the diocese of Rheims. More than half of the canonical material of this collection is false or interpolated.19 There are various canons which speak about the primate as equal with patriarchs. These canons assert, that the only difference is in the expression, not the meaning.20 The renovation - with new extensions - of the 17 About the primate, cf. ERDŐ, P , L ’ufficio del primate nella canonistica da Graziano ad Uguccione da Pisa, Roma 1986. 18 GAUDEMET, J., Église et cité. Histoire du droit canonique, Paris 1994. 126-127. 19 Edition: HINSCHIUS, P. (ed.), Decretales Pseudo-Isidorianae et Capitula Angilramni, Lipsiae 1863 (repr. Aalen 1963); cf. STICKLER, A., Historia iuris canonici Latini. Institutiones academicae. I. Historia fontium (Studia et textus historiae iuris canonici 6), Taurini 1950 (repr. Romae 1985) 131-142. ERDŐ, P., Az egyházjog forrásai. Történeti bevezetés (Bibliotheca Instituti Postgradualis Iuris Canonici Universitatis Catholicae de Petro Pázmány nominatae I/l), Budapest 1998. 122-124. FERME, B.E., Introduzione alla storia del diritto canonico. I. Il diritto antico fino al Decretum di Graziano (Quaderni di Apollinaris 1), Roma 1998. 140-143. 20 ERDŐ, Az egyházjog forrásai, 123-124.
