A Source Book for Ancient Church History Part 78

Canon 13. _On the Marriage of the Clergy._

The following canon permits subdeacons and priests if married before ordination to continue to live in marriage relations with their wives. But they are not allowed to marry a second time or to marry a widow. Neither are bishops to remain married; but if they are married when elected, their wives must enter a monastery at a distance. With this canon should be compared the earlier legislation of Nica, _v. supra_, 78, and also the law of Justinian, _v. supra_, 94.

Since we know that it is handed down in the canonical discipline in the Roman Church that those who are about to be deemed worthy of ordination to the diaconate or presbyterate should promise no longer to live maritally with their wives, we, pursuing the ancient rule of apostolic discipline and order, will that henceforth the lawful marriage of men in holy orders remain firm, by no means dissolving their union with their wives, nor depriving them of intercourse with each other at a convenient season.

Therefore, if any one shall have dared, contrary to the Apostolic Canons, to deprive any one in holy orders, that is, any presbyter, deacon, or subdeacon, of cohabitation and intercourse with his lawful wife, let him be deposed; likewise also if any presbyter or deacon, on pretence of piety, puts away his wife, let him be excluded from communion; but if he persists let him be deposed.

Canon 36. _On the Rank of the Patriarchal Sees._

Rome always rejected the claim of Constantinople to rank as second. _Cf._ Leos opinion, _v. supra_, 87.

Renewing the enactments of the one hundred and fifty Fathers a.s.sembled in the G.o.d-preserved and imperial city, and the six hundred and thirty a.s.sembled at Chalcedon, we decree that the see of Constantinople shall enjoy equal privilege with the see of Old Rome, and in ecclesiastical matters shall be as highly regarded as that is, and second after it. And after this [Constantinople] shall be ranked the see of the great city of Alexandria, and after that the see of Antioch, and after that the see of Jerusalem.

Canon 37. _On Bishops of Sees among Infidels._

This canon is cited here, though not entering into the controversy between the East and the West, because it is significant of the changed position of the Eastern Church at this time, due to the Moslem and other conquests. The Monophysite bishops in Egypt and Syria were not molested by the Moslems. This canon marks the beginning of the practice of ordaining bishops _in partibus infidelium_.

Since at different times there have been invasions of the barbarians, and consequently very many cities have come into the possession of the infidels, so that as a consequence the prelate of a city may not be able, after he has been ordained, to take possession of his see and to be settled in it in sacerdotal order, and so to perform and manage, according to custom, the ordinations and all other things which appertain to the bishop; we, preserving the honor and veneration of the priesthood, and in nowise wis.h.i.+ng to make use of the heathen injury to the ruin of ecclesiastical rights, have decreed that they who have been thus ordained, and for the aforesaid causes have not settled in their sees, may be kept from any prejudice from this thing, so that they may canonically perform the ordination of the different clerics and use the authority of their offices according to proper limits, and that whatever administration proceeds from them may be valid and legitimate. For the exercise of his office shall not be circ.u.mscribed by reason of necessity, when the exact observance of the law is circ.u.mscribed.

Canon 55. _On Fasts in Lent._

As stated in the canon, this enactment is aimed at the Roman usage, and refers to the 64th Apostolic Canon, which Rome rejected. For the Apostolic Canons, see ANF, VII, 504.

Since we have learned that in the city of the Romans, in the holy fast of Lent, they fast on the Sabbaths(310) contrary to the traditional ecclesiastical observance, it seemed good to the holy synod that also in the Church of the Romans the canons shall be in force without wavering which says: If any cleric shall be found to fast on Sunday or on the Sabbath except on one occasion only,(311) he shall be deposed; and if a layman he shall be excommunicated.

Canon 67. _On Eating Blood._

This canon is less distinctly aimed at Rome. In the West the prohibition against eating blood seems to have been little observed, as it had been given another interpretation. At the time of the Second Trullan Council the practice was very common.

Augustine, it might be said, did not consider the apostolic command as binding except in the special circ.u.mstance in which it was issued. _Cf._ Augustine, _Contra Faustum_, 32:13.

The divine Scriptures command us to abstain from blood, from things strangled, and from fornication. Those, therefore, who, on account of a dainty stomach, prepare by any art for food the blood of animals and so eat it, we punish suitably. If any one henceforth venture to eat in any way the blood of an animal, if he be a clergyman let him be deposed; if a layman, let him be excommunicated.

Canon 82. _On Pictures of the Lamb of G.o.d._

The custom which is here condemned was prevalent in the West.

In some pictures of the holy icons, a lamb is painted to which the Forerunner(312) points his finger, and this is received to serve as a type of grace, indicating beforehand through the Law our true lamb, Christ our G.o.d. Embracing therefore the ancient types and shadows as symbols and patterns of the truth, which have been given to the Church, we prefer grace and truth, receiving it as the fulfilment of the Law. In order, therefore, that what is perfect may be delineated to the eyes of all, at least in colored expression, we decree that the figure of the lamb who taketh away the sin of the world, Christ our G.o.d, be henceforth exhibited according to human form in the icons, instead of the ancient lamb, so that all may understand, by means of it, the depth of the humiliation of the Word of G.o.d, and that we may recall to our memory His life in the flesh, His pa.s.sion and salutary death, and the redemption resulting therefrom for the whole world.

(_b_) _Liber Diurnus Romanorum Pontific.u.m_, n. 58.

Notification to the Emperor of an Election of a Pontiff.

The _Liber Diurnus_ was the book of official formul used on occasions such as elections of pontiffs and the conferring of the pallium. It was composed between 685 and 751, and was employed in the papal chancellery down to the eleventh century, when it became antiquated on account of the changes in the position of the popes.

The modern editions of the book are by Rozire, Paris, 1869, and by Sickel, Vienna, 1889. The text may be found in Mirbt, n. 195, where may also be found numerous other useful extracts.

Although it has not been without the merciful divine ordering that, after the death of the supreme pontiff, the votes of all should agree in the election of one, and that there be perfect harmony so that no one at all is to be found who would oppose it, it is yet necessary that we ought obediently to pour forth the prayers of our pet.i.tions to our most serene and most pious lord, who is known to rejoice in the concord of his subjects, and graciously to grant what has been asked by them in unanimity. And so when our Pope (_name_) of most blessed memory died, the a.s.sent of all was given, by the will of G.o.d, to the election of (_name_), the venerable archdeacon of the Apostolic See, because from the beginning of his life he had so served the same church, and in all things shown himself so able that he ought deservedly to be placed, with the divine approval, over the ecclesiastical government, especially since by his constant a.s.sociation with the aforesaid most blessed pontiff (_name_), he has been able to attain to the same distinctions of so great merit, by which the same prelate of holy memory is known to have been adorned, who by his words always stirred up his mind, being desirous of heavenly joys, so that whatsoever good we have lost in his predecessor we are confident that we have certainly found in him. Therefore, in tears, all we your servants pray that the piety of the lords may deign to hear the supplication of their servants, and the desires of their pet.i.tioners may be granted by the command of their piety, for the benefit of the Empire, that command may be given for his ordination; so that when we have been placed by your sacred and exalted clemency under him as our pastor, we may always pray for the life and empire of our most serene lords to the Lord Almighty and to the blessed Peter, prince of the Apostles, to whose church it has been granted that a worthy ruler be ordained.

Subscription of the priests.

I (_name_), by the mercy of G.o.d, presbyter of the holy Roman Church, consenting to this action made by us in regard to (_name_), the venerable archdeacon of the holy Apostolic See and our elected Pope, have subscribed.

Subscription of the laity.

I (_name_), servant of your piety, consenting to this action drawn up by us in regard to (_name_), the venerable archdeacon of the holy Apostolic See and our elected Pope, have subscribed.

(_c_) _Liber Diurnus Romanorum Pontific.u.m_, ch. 60.

Notification of the Election of a Pontiff to the Exarch of Ravenna.

The text may be found in part in Mirbt, _loc. cit._

To the most excellent and exalted lord, graciously to be preserved to us for a long life in his princely office (_name_), exarch of Italy, the priests, deacons, and all the clergy of Rome, the magistrates, the army, and the people of this city of Rome as suppliants send greeting.

Providence is able to give aid in human affairs and to change the weeping and groaning of the sorrowing into rejoicing.

Inasmuch as (_name_), of pontifical memory, has been called from present cares to eternal rest, as is the lot of mortals, a great load of sorrow oppressed us, for as guardians we were deprived of our own guardian. But the accustomed kindness of our G.o.d did not permit us to remain long in this affliction because we hoped in Him. For after we had humbly spent three days in prayer that the heavenly kindness might, for the merits of all, make known whom as worthy it commanded to be elected to succeed to the apostolic office, with the aid of His grace which inspired the minds of all; and after we had a.s.sembled as is customary, that is, the clergy and the people of Rome with the presence of the n.o.bility and the army, from the least to the greatest, so to speak; and the election, with the help of G.o.d and the aid of the holy Apostles, fell upon the person of (_name_), the most holy archdeacon of this holy Apostolic See of the Roman Church. The good and chaste life of this man, beloved of G.o.d, was in the opinion of all so deserving that none opposed his election, no one was absent, and none dissented from it. For why should not men agree unanimously upon him whom the incomparable and unfailing providence of our G.o.d had foreordained to this office? For without doubt this had been determined upon in the presence of G.o.d. So solemnly performing his decrees and confirming with our signatures the desires of hearts concerning his election, we have sent you our fellow-servants as the bearers of this letter (_names_), most holy bishop (_name_), venerable presbyter (_name_), regionary notary (_name_), regionary subdeacons (_names_), honorable citizens, and from the most flouris.h.i.+ng and successful Roman army (_name_), most eminent consul, and (_names_) chief men, tribunes of the army, begging and praying together that your excellency, whom may G.o.d preserve, may with your accustomed goodness agree with our pious choice; because he, who has been unanimously elected by our humility, is such that so far as human discernment is able to see, no spot of reproach appears in him. And therefore we beg and beseech you, by G.o.ds inspiration, to grant our pet.i.tion quickly, because there are many questions and other matters arising daily which require for remedy the care of pontifical favor. And the affairs of the province and the need of causes connected therewith also seek and await the control of due authority. Besides we need some one to keep the neighboring enemy in check, which can only be done by the power of G.o.d, and of the Prince of the Apostles through his vicar, the bishop of Rome; since it is well known that at various times the bishop of Rome has driven off enemies by his warnings, and at other times he has turned aside and restrained them by his prayers; so that by his words alone, on account of their reverence for the Prince of the Apostles, they have offered voluntary obedience, and thus they, whom the force of arms had not overcome, have yielded to the warnings and prayers of the Pope.

Since these things are so, we again and again beseech you, our exalted lord, preserved by G.o.d, that, with the aid and inspiration of G.o.d in your heart, you may quickly give orders to adorn the Apostolic See by the completed ordination of the same, our father. And we, your humble servants, on seeing our desires fulfilled, may then give unceasing thanks to G.o.d and to you, and with our spiritual pastor, our bishop, enthroned in the Apostolic Seat, we may pour out prayers for the life and health and complete victories of our most exalted and Christian lords (_names_), the great and victorious emperors, that the merciful G.o.d may give manifold victories to their royal courage, and cause them to triumph over all peoples, and that G.o.d may give them joy of heart, because the ancient rule of Rome has been restored. For we know that he whom we have elected Pope can, with his prayers, influence the divine omnipotence; and he has prepared a joyful increase for the Roman Empire, and he will aid you in this, in the government of this province of Italy, which is subject to you, and will aid and protect all of us, your servants, through many years.

Subscription of the priests.

I, (_name_), the humble archpriest of the holy Roman Church, have with full consent subscribed to this doc.u.ment which we have made concerning (_name_), most holy archdeacon, our bishop elect.