Distinction XXVIII

GRATIAN. Part I. Behold, it has been shown that those unwilling to practice continence can ascend neither to the subdiaconate nor to the higher grades. Hence those approaching the subdiaconate are commanded not to be admitted without a vow of chastity, by the authority of blessed Gregory, who, writing to Peter the subdeacon [Book I, epistle 42, at the end], says:

Let bishops presume to make no one a subdeacon unless he has promised that he will live chastely, because no one ought to approach the ministry of the altar unless his chastity has been approved before he receives the ministry.

Likewise Innocent II. We decree that those who, while in the order of the subdiaconate or above it, have taken wives or possessed concubines are to lack office and ecclesiastical benefice. For since they ought to be and to be called the temple, vessels of the Lord, and sanctuary of the Holy Spirit, it is unworthy that they serve beds and impurities.

Likewise from the Fifth Council of Toledo. Part II. When priests and deacons are established throughout the parishes, they ought to make a profession to their bishop that they will live chastely and purely under the fear of God, so that, while such a profession binds them, they may retain the discipline of a holy life.

Likewise Gregory to the noble citizens of Naples [Book VIII, epistle 40]. Part III. Before your writings came to us, we learned by the report of certain persons that the deacon John, who was elected by the other party, has a little daughter. Hence, if they had wished to attend to reason, neither ought the others to have elected him nor ought he himself to have consented. For with what presumption does one dare to approach the episcopate who, with his daughter as witness, is convicted of not yet possessing long-standing continence of his body?

Likewise from the Second Council of Toledo [c. 1]. Part IV. Concerning those whom the will of their parents has bound to the office of the clerical state from the first years of infancy, we establish that this is to be observed: that as soon as they have been tonsured or handed over to the ministry of readers, they ought to be educated in the house of the Church under the bishop’s presence by the superior appointed over them. But when they have completed the eighteenth year of their age, their will concerning seeking marriage is to be investigated by the bishop in the sight of all the clergy and people. If, by God’s inspiration, the grace of chastity pleases them, and they pledge themselves to preserve the promise of their chastity without the necessity of marriage, then, as seekers of the most narrow way, let them be subjected to the most gentle yoke of the Lord; and first, after probation of their profession, let them receive the ministry of subdeacon from the twentieth year. But if they pass twenty-five years blamelessly and without offense, they ought to be promoted to the office of the diaconate, if they are proved by the bishop able to fulfill it. Nevertheless, they must beware lest at any time, forgetful of their pledge, they voluntarily return either to earthly marriages or to secret intercourse. But if perhaps they do so, let them be held as guilty of sacrilege and estranged from the Church. Yet from those whom their own will at the time of inquiry persuades toward the desire to marry, we cannot take away the license conceded by the Apostle, provided that when, placed in marriage at an advanced age, they have pledged by equal consent that they will renounce the works of the flesh, they may aspire to sacred orders.

Likewise from the Second Council of Arles [c. 2]. Part V. It is not fitting for anyone established in the bond of marriage to be assumed into the priesthood unless conversion has been promised.

Likewise from the same, III. Furthermore, it pleased the council that henceforth married deacons are not to be ordained unless they have first professed chastity with the resolve of conversion. GRATIAN. Yet by the preceding authority marriage appears to be permitted to deacons, since only married men are prohibited from being assumed into the priesthood. Further, by the following authority it appears to be permitted to subdeacons, since it is specially commanded concerning deacons that they are not to be ordained without probation of chastity. This same thing appears to have been permitted in the Synod of Ancyra, in which [c. 10] it was established thus:

Whatever deacons are ordained, if at the ordination itself they protested, saying that they wished to have wives and could not remain continent, then if they afterward enter marriage, let them remain in the ministry, because the bishop gave them license. But whoever remained silent and received the imposition of hands after professing continence, if they afterward enter marriage, ought to cease from the ministry.

Likewise from the Council of Neocaesarea [c. 1]. Part VI. If a priest takes a wife, he ought to be deposed from the order. But if he has fornicated or committed adultery, he ought to be cast outside the Church and brought to penance among the laymen.

Likewise Gregory [Book XI, epistle 59]. Part VII. Because there are faults in which it is a fault to relax vengeance, the truth is always to be sought, so that inquiry should be made whether guilt condemns the accused or manifested innocence withdraws him from punishment. Thus it has reached us that the defender Fantinus wished to exercise vengeance against Peter, the bearer of the present letter, because, as is said, while he was a lessee he handed over to a husband the woman left by a certain deacon. But since this man asserts that she was not the wife of the deacon, saying that she did not come to him as a virgin and finally that she did not change her religious garment after he was promoted to sacred order, and also adding that before she came to the deacon and afterward she lived under an evil reputation, we therefore exhort your fraternity by these words to investigate this cause with an altogether subtle inquiry and with the fear of God, as is fitting. If it is established that the woman in question was in marriage with the deacon, let the aforesaid bearer be handed over in every way to the aforesaid defender and the rector of the patrimony for vengeance, and let those who were wickedly joined be separated with fitting correction. But if she was not in marriage with him, we wish you at our command to admonish the aforesaid Fantinus that he presume to do nothing to him and not burden him in any respect by a false accusation.

Likewise from the Council of Orléans [I, c. 13]. If a woman left by a priest or deacon joins herself to anyone in a double marriage, either let them be corrected and separated, or certainly, if they persist in the intention of the crime, let them be struck by an equal excommunication.

Likewise from the Council of Pope Martin. If any widow of a bishop, priest, or deacon takes a husband, let no cleric and no religious person take a meal with her; let her never receive communion; nevertheless, when she is dying, let the sacrament come to her aid.

Likewise Pelagius to the patrician Cethegus. Part VIII. Concerning the prelate of the city of Syracuse, we had desired at the very beginning to obey the desires of your glory, had not manifold reasoning compelled us to defer the ordination of this man to the priesthood for no short time because either the quality of the person, as you too know better, or his surviving wife or children—through whom ecclesiastical property is accustomed to be endangered—suspended our minds from his ordination for a rather long time. And insofar as pertains to human caution, we deferred it for almost a whole year, supposing that the election of the Syracusans might turn out better. But because they persisted irrevocably in the resolve of their will and no other man was found in the same church unless it were deferred for still longer periods of time, lest they become somewhat more deranged, as we learned by the testimony of your son, the magnificent man who is praetor, amid uncertainties of this kind we judged it more prudent to do this: that by suitable foresight we should fortify, while preserving the disposition of the council, the cause on account of which the imperial constitution prohibits one having children and a wife from being promoted to the order of the episcopate. For this reason, with the greatest zeal, before he happened to be ordained by us, we exacted from the same bishop of the city of Syracuse a guarantee of this kind, through which, after a description of his present possessions had been made, he would both acknowledge how small his property was and would promise that neither through himself nor through his children and wife, nor through any related, domestic, or perhaps external person, would he ever dare usurp anything from the property of the Church; that he would associate all things acquired during the time of his episcopate with the dominion of his church; and that he would leave to his children or heirs nothing beyond what is now described. GRATIAN. Behold: by this authority one elected to the episcopate is prohibited from having a wife and children. But no one ought to be elected to the episcopate unless he is either a priest or a deacon; a subdeacon, however, may not be, unless necessity compels it. Therefore, whether he was a priest, deacon, or subdeacon, it appears that those established in the aforesaid orders can lawfully use marriage. §1. Therefore, because by the authority of Gregory one who handed over the woman left by a deacon to a husband is to be punished; likewise, in the Council of Neocaesarea a priest who takes a wife, not a deacon, is commanded to be deposed; likewise, in the Synod of Ancyra deacons who at their ordination say that they wish to have wives are not prohibited from ministry if they afterward enter marriage: it is evident that neither deacons nor subdeacons are to be prohibited from marriage. But as for what is objected concerning election, it is indeed true that no one is to be elected to the episcopate unless established in sacred orders; but the fact that this man has a wife and children does not conflict with the foregoing authorities concerning the continence of clerics. §2. For while in lay habit or established in the lesser orders he could have had a wife and children; afterward, having professed continence with the consent of his wife, he had attained the subdiaconate or diaconate or the grade of priest, and yet it was fitting for him to supply the necessities of life to his wife and children. §3. That passage of Gregory, however, is resolved in two ways: either because that church in which that deacon had served had not yet received the vow of continence among deacons and the other ministers, or because, as was written above concerning the man elected as bishop, the aforesaid deacon had taken her as wife before the subdiaconate. §4. But that passage of the Synods of Neocaesarea and Ancyra is understood either from the time or from the place: from the time, because the continence of ministers of the altar had not yet been introduced; from the place, because both synods are eastern and the eastern Church does not receive a general vow of chastity. It nevertheless guards this with diligent observance: that after the priesthood has been obtained and the former wife, with whom he had been made a priest, has died, if he takes another wife, he is deposed. Likewise there is objected that which is read in the Canon of the Apostles [c. 6, elsewhere 5]:

Part IX. If anyone teaches a priest to despise his own wife under the pretext of religion, let him be anathema.

Likewise from the Council of Gangra [c. 4]. If anyone makes a distinction against a married priest, as though on the occasion of marriage he ought not to offer, and therefore abstains from his offering, let him be anathema.

Likewise from the Sixth Synod [c. 26]. Part X. We command that a priest held in an unlawful marriage is indeed to have his chair but to abstain from office. For indulgence of this kind is sufficient for him, because it does not follow that one who ought to cure his own wounds should bless others. For a blessing is the handing down of sanctification. But one who does not have this because of the offense of ignorance—how will he hand it down to others? Let him therefore bless neither publicly nor privately, nor distribute the Lord’s body to others, nor minister in any other way; but let it suffice for him that he presides, and let him implore God that the iniquity of his ignorance be forgiven him. Moreover, it is manifest that this unlawful marriage too will be dissolved, and the man is in no way to have access to her on account of whom he was deprived of the sacred ministry.

Likewise Nicholas, in response to the consultations of the Bulgarians [c. 70]. Part XI. You decree that counsel is to be sought whether you ought to support and honor a priest having a wife or cast him away from you. To this we reply: although they themselves are highly blameworthy, it nevertheless befits you to imitate God, who makes his sun rise over the good and the evil. For you ought not for this reason to cast him away from you, because neither did the Lord cast Judas, although he was a deceitful disciple, from the number of the Apostles. But concerning priests, you who are laymen are neither to judge nor to investigate anything about their life; whatever it may be, it is to be reserved to the judgment of bishops.