Distinction C

GRATIAN. Part I. Neither an archbishop, primate, nor patriarch is permitted to ordain bishops before receiving the pallium. This is given to be understood from the authority of Pope Pelagius, although less evidently. For Pope Pelagius says:

Because certain metropolitans, refusing to expound their faith to the holy apostolic see according to ancient custom, neither seek nor receive the use of the pallium, and through this the consecration of bishops for widowed churches is prolonged not without danger, it has pleased us that whichever metropolitan does not send to the apostolic see within three months of his consecration to expound his faith and receive the pallium is to lack the dignity committed to him; and let there be license for other metropolitans, after a second and third admonition, to assist widowed churches by ordaining a bishop with the counsel of the Roman Pontiff. § 1. But if it has resulted from the negligence of the bishop to be consecrated that the church remains widowed beyond three months, let him be deprived of communion until he either yields the place or does not defer to offer himself for consecration. But if through his negligence he keeps the church widowed beyond five months, let him receive the gift of consecration neither there nor elsewhere; rather, let him yield at the judgment of his metropolitan.

Likewise Pope Gregory to Queen Brunhild, [book VII, epistle 5]. Part II. Ancient custom has maintained that the honor of the pallium ought not to be given unless the merits of the causes demand it and to one petitioning strongly.

[PALEA.

The same to John, Bishop of the Corinthians, book IV, epistle 55. Your holiness knows that formerly the pallium was not given unless a payment had been made. Because this was unfitting, after a council had been held before the body of blessed Peter, prince of the Apostles, we prohibited under strict interdiction that anything be received either for this or for ordinations. Therefore it is necessary that, neither through payment nor through favor or the supplication of certain persons, you consent to or permit anyone to be brought to sacred orders.] Part III. GRATIAN. But the merits of the causes are to be understood so that both the one who petitions deserves to receive, and that he first confirm the profession of his faith by an oath and likewise give assurance that he will obey apostolic decrees and synodal statutes. But no metropolitan will be permitted to use the pallium except on fixed days and within the church at the solemnities of the masses. Hence Bishop John to Willibert, Bishop of Cologne:

We have been unable now to confer upon you the desired pallium because we found the document of your faith to contain less than it ought, since, namely, you made no mention in it according to custom of the holy universal synods in which the symbol of our faith is contained, nor of the constitutions of the decretal Roman Pontiffs; nor had you secured it by your own subscription, nor sent anyone who would confirm it by an oath.

Likewise Gregory to Aregius, Bishop of the Franks, [book VII, epistle III]. We will that your holiness participate in that synod which we decreed is to be assembled against the simoniacal heresy through our brother and fellow bishop Syagrius, and that the pallium which we transmitted be given to that same brother upon this condition: if he first promises that by the determination of the synod he will remove from the holy Church the unlawful things which we prohibited. Concerning that synod we will that your fraternity, by dispatching writings, announce the whole order to us in detail, so that he himself, whose holiness is exceedingly well tested by us, may render us more certain concerning all things.

The same to Vigilius, Bishop of Arles, [book IV, epistle 51]. Part IV. We have transmitted the pallium to you, which your fraternity is to use within the church only at the solemnities of the masses.

[PALEA.

The same to John, Bishop of Ravenna, book II, epistle 54, indiction II. It is not a long interval of time since certain things concerning your fraternity were reported to us, concerning which we remember that, when Castorius, notary of the holy Church over which we preside by God’s authority, came there, we indicated our mind to you in detail. For it had come to us that certain things were done in your church contrary to the path of custom and humility, which alone, as you well know, is the exaltation of priestly office. If your wisdom had received these things meekly or with episcopal zeal, it ought not to have been inflamed concerning them, but it was fitting that you correct these same things with thanksgiving.]

The same to John, Bishop of Ravenna, [in the same epistle]. It is contrary to ecclesiastical custom if even an unjust correction is not borne most patiently—which be far from us. And below: § 1. We do not think this unknown to you, most beloved brother: that it is heard concerning almost no metropolitan in any regions of the world that he claimed for himself the use of the pallium outside the time of the masses. And that you know well this custom of the universal Church you signified to us by your most manifest letters, with which you transmitted to us, attached beneath, the precept of our predecessor Pope John of blessed memory, containing that all the customs conceded to you and your church by the privilege of our predecessors ought to be preserved. Therefore you confess that the custom of the universal Church is otherwise, since you claim by privilege those things which you perform. Therefore, as we judge, no doubt can remain for us in this matter. For either the custom of all metropolitans is also to be observed by your fraternity; or, if you say that something was especially conceded to your church by former Pontiffs of the city of Rome, a precept showing that these things were conceded to the church of Ravenna ought to be produced by you. But if this is not shown, it remains that, since you claim to do such things neither by universal custom nor by privilege, you prove that you usurped what you did. And below: § 2. Perhaps those unbecoming in conduct wish to be adorned by the pallium, though nothing shines more splendidly upon an episcopal neck than humility. Therefore, if your fraternity has proposed with a steadfast mind to defend its honors for itself by any arguments, it must either follow the universal usage from the unwritten custom or protect itself by privileges from a written instrument. But if finally there is neither of these, we are unwilling that you furnish to the other metropolitans an example of this presumption. Part V. GRATIAN. Privileges also ought always to be conceded together with the use of the pallium. Hence the same Gregory to Syagrius, Bishop of Autun, [book VII, epistle 112]:

The order of reason altogether admonishes us that we ought to grant certain privileges together with the use of the pallium. But because, together with an increase of honor, the care of solicitude also ought to increase, so that the ornaments of action may accord with the cultivation of garments, it is fitting that your fraternity exercise itself more earnestly in all pursuits and be vigilant concerning the acts of its subjects.

The same to John, Bishop of First Justiniana in Illyricum, [book IV, epistle 15]. We have transmitted the pallium to you according to custom, and by renewed repetition we decree that you exercise the vicariate of the apostolic see.

The same to the Bishops of Epirus, [book V, epistle 7, indiction 14]. The notification of your writings, most beloved brothers, disclosed that Andrew, bishop of the city of Nicomedia, has by God’s favor been solemnly ordained. Know that we have directed the pallium to him and conceded all the privileges which our predecessors conferred upon his predecessors.