Question — Decretum of Gratian

Question I

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¶.

GRATIAN. That an ordination celebrated by excommunicated persons possesses absolutely no force and is not even to be called a consecration is attested by Gregory, [book III, letter 20], who says:

Friedberg, col. 599/600

1.

C. I. What is performed by excommunicated persons cannot be called a consecration.

We can in no way call that a consecration which was celebrated by excommunicated men.

Friedberg, col. 601/602

2.

[PALEA C. II.

Excommunicated persons lay on hands illicitly, because they do not possess the power of ordaining. But where the laying on of hands is illicit, a wound is inflicted. Hence it is necessary to repeat what is by no means proved to have been conferred.]

Friedberg, col. 601/602

3.

[PALEA C. III.

Hence Pope Damasus says in letter IV: Through an illicit laying on of hands, those who appeared to have received something had a wounded head; and where a wound has been inflicted, it is necessary to apply medicine by which the inflicted blemish may be healed—that is, it is necessary to repeat what is by no means proved to have been lawfully performed or conferred, if it ought to be perfect. For how one who received an honor from one who did not possess the power to give it lawfully can retain that honor I cannot discover.] GRATIAN. But “excommunicated persons” are here to be understood as those who contracted the penalty of excommunication in their very ordination, who were never among the number of Catholics. But those who were first reckoned among Catholics, if they were afterward marked by a sentence of excommunication, nevertheless their ordinations are mercifully tolerated by the church. Hence Urban II writes, saying:

Friedberg, col. 601/602

4.

C. IV. Ordinations performed by excommunicated persons, not simoniacally, are tolerated from mercy.

Those ordained by excommunicated bishops who were nevertheless formerly Catholics, if indeed they did not receive the orders themselves simoniacally, and if it shall be established that the bishops themselves were not simoniacs, and in addition if their more religious life and prerogative of learning shall have appeared to merit it, you may permit, after imposing the penance you judge fitting, to remain in the orders which they received. But we do not permit them to ascend to higher ones unless the greatest necessity and utility demand it and their holy conduct merits it. GRATIAN. But that statement of Gregory too is to be understood concerning those excommunicated by name, whose ordinations are void if their condemnation was not unknown to those being ordained. Hence the same Urban says, [in the Synod of Piacenza, c. 9 and following]:

Friedberg, col. 601/602

5.

C. V. Those excommunicated by name and those who invade the sees of others cannot ordain others.

We judge void the ordinations performed by heresiarchs excommunicated by name and by those who invaded the sees of Catholic bishops still living, unless they can prove that, when they were ordained, they did not know those men had been condemned. § 1. But those who were consecrated by bishops once indeed ordained in Catholic fashion but separated from the Roman Church in schism, we command, when they return to the unity of the church, to be received mercifully with their proper orders preserved, if life and knowledge commend them. § 2. But henceforth whoever permits himself to be ordained by the aforesaid schismatics, adversaries of the holy Roman Church, shall in no way be held worthy of this pardon. § 3. Although, from regard for mercy and under the compulsion of great necessity, we have established this dispensation in sacred orders, nevertheless we wish no prejudice to be done to the sacred canons, but let them retain their proper strength, and when necessity ceases let that also cease which was done because of necessity. For where the slaughter of many lies, something must be withdrawn from severity. GRATIAN. An election too, unless it was made by Catholics, is proved to be void. Hence Gregory writes to the people of Milan, [book VIII, letter 65]:

Friedberg, col. 601/602

Cited by 1 passage

6.

C. VI. Let an election which is proved not to have been made by Catholics be void.

We offer our consent under no reasoning to a man who is not elected by Catholics, nor, if it was done by anyone's usurpation, do we receive him into the place or order of priest.

Friedberg, col. 601/602