Question I

GRATIAN. That those handed over within the years of childhood, when they shall have become adults, have free choice to remain or depart is proved by the authority of the Ninth Synod, in which it was established thus:

A profession of virginity will then be firm when the age has begun to be adult and perfect, which is customarily judged suitable for marriage. GRATIAN. If a profession of virginity begins to be firm when the age has begun to be adult, then a profession of religion ought at length to be firm when adult age has been reached. But here the discussion concerns that profession which is offered to God by one’s own judgment during the years of childhood and which the consent of the parents does not confirm. But a profession offered to God by the parents ought to be preserved inviolate. Hence Gregory writes to Augustine, Bishop of the English:

You further added that if a father or mother handed over a son or daughter within the enclosure of a monastery under regular discipline during the years of infancy, whether, after they have grown to the years of puberty, it is lawful for them to depart and be joined in marriage. We avoid this entirely, because it is impious that the reins of pleasure be relaxed for children offered to God by their parents.

Likewise from the Fourth Council of Toledo, [c. 48]. Either a father’s devotion or one’s own profession makes a monk. Whichever of these it shall be, it will hold the person bound. Therefore we close off from them access to returning to the world and forbid every return to the secular life.

Likewise Isidore. Whoever shall have been assigned to a monastery by his own parents is to know that he will remain there perpetually. For in piety Anna offered to God her boy Samuel, born and weaned; he both remained in the ministry of the temple to which he had been assigned by his mother and served where he was placed.

[PALEA.

Likewise from Gregory’s Register, book I, letter 48, to Anthemius. But because the congregation of monks on islands is harsh, we forbid even boys to be received in those monasteries before the age of eighteen years; or if any are there now, let your Providence remove them and send them to the city of Rome. We will that you observe this in every respect both on Palmaria and on the other islands. ]

Likewise from the Council of Tribur. One whom his ancestors handed over to a monastery and who began to sing and read in the church will be able neither to take a wife nor to leave the monastery; but if he shall have departed, let him be brought back; if he shall have let his tonsure grow out, let him be tonsured again; if he shall have taken a wife, let him be compelled to dismiss her.

[PALEA.

An infant can be given in a monastery for an infant, although the other was vowed. Nevertheless, it is better to discharge the vow. Similarly, livestock of equal price—if it is necessary—is to be redeemed. ] PART II. GRATIAN. From these authorities it is gathered that a father’s profession holds boys bound, and that they will not be permitted to depart from the purpose which they undertook in their childhood years through a father’s devotion. But that statement of Pope Leo is objected, [letter XC to Bishop Rusticus, cc. 13 and 14]:

Girls who undertook the purpose and habit of virginity not when compelled by their parents’ command but by spontaneous judgment, if they afterward choose marriage, transgress, even if consecration has not yet been added to them—a gift of which they would surely not be deprived if they remained in their purpose. But it cannot be doubted that a great crime is committed where both the purpose is abandoned and consecration is violated. For if human compacts cannot be trampled with impunity, what will remain for those who have corrupted the covenants of a divine sacrament? GRATIAN. Therefore, since at the beginning of this chapter it is said, “Girls who were not compelled by the command of their parents,” it is given to be understood that if they assumed the habit of virginity when compelled, they can abandon it without transgression. But a girl of marriageable age is understood here, whose judgment, as is shown in what follows, is free after the twelfth year; nor in the choice of a purpose is she compelled to follow her parents’ command. Thus also is to be understood what was established in the Synod held by Pope Eugene, [II, c. 32]:

Just as those who chose monasteries are not permitted to depart from monasteries, so those who were admitted unwillingly without cause of a just offense are to be held only if they wish, because they observe what they do not seek. And therefore such persons are to be regarded as committing sins rather than lamenting them, as is contained most clearly in the decree of the most holy Pope Leo.

[PALEA.

But we judge that this is to be established: if sons shall have been offered to a monastery at a younger age and received the sacred tonsure or veils, we have indeed deemed it worthy that, after being admonished by the prelates in their fifteenth year, they be asked whether they desire to remain in that habit or not. But if they shall have professed that they wish to remain, they can by no means thereafter embrace a place for repentance. But if they wish to return to secular dress, permission to return is by no means to be denied, because it is sufficiently useless for compelled services to be furnished to the Lord. ]

PART III. GRATIAN. But it is not lawful for the veil to be imposed upon virgins except on certain days. Hence Pope Gelasius to all the Bishops [throughout Lucania, cc. 14 and 15]:

Let the sacred veil by no means be imposed upon professed virgins except either on the day of Epiphany, during the Easter octave, or on the feasts of the Apostles; unless perhaps, as was said concerning baptism, they have been overtaken by grave illness, in which case it is not to be denied to those imploring it, lest they depart from the world without this gift. § 1. But let no pontiff attempt to veil widows. PART IV. GRATIAN. The time of their consecration is likewise to be observed. Hence Gregory in the Register, [book III, letter 11]:

We most vehemently forbid young women to be made abbesses. Therefore let your fraternity permit no virgin to be veiled unless she is sixty years old and her life and morals require this.

Likewise from the Third Council of Carthage. Let nuns not be veiled before the fortieth year.

Likewise from the Third African Council, [c. 4]. It pleased us that neither deacons be ordained nor virgins consecrated before twenty-five years of age, and that readers not salute the people.

[PALEA.

Let virgins not be veiled before twenty-five years, unless perhaps because of the necessity of virgin chastity being endangered; and they are not to be consecrated except on Epiphany, Holy Saturday, and the feasts of the Apostles, unless the cause of death is urgent. ] PART V. GRATIAN. But although widows are forbidden to be veiled, nevertheless a profession of widowhood is to be made by them in writing. A garment fitting their profession is also to be handed to them, which they are to use everywhere.

Hence in the Tenth Council of Toledo, [c. 4]:

A widow who wishes to obtain the purpose of holy religion is to make a profession in writing to the priest or minister to whom she herself shall have come, or who happens to come to her, marked by her either with a sign or a signature, containing that she both wills the purpose of religion and will preserve it perpetually inviolate. Then, having received from the priest or minister a garment suitable for the profession of religion, whether resting upon a bed or remaining in any place, let her use it constantly; and let this garment not be notable for diverse color or diverse part, but religious and not suspect.