Distinction LXIII

GRATIAN. Part I. Laymen, however, ought in no way to insert themselves into an election. Hence Pope Adrian, [in the Eighth Synod celebrated at Constantinople under him, c. 22]:

Let no one among lay princes or powerful men insert himself into the election or promotion of a patriarch, metropolitan, or any bishop, lest, namely, a disorderly and incongruous confusion or contention arise, especially since it is fitting that no one among those possessing power or the other laymen have any power in such matters. And below: Whoever among secular princes or powerful men, or whatever layman of another dignity, shall attempt to act against the common, concordant, and canonical election of the ecclesiastical order, let him be anathema until he obeys and consents to whatever the Church has shown itself to will concerning the ordination and election of its own prelate.

Likewise from the Eighth Synod, [action I]. Pope Adrian II—according to what Nicholas his predecessor had arranged—sent his envoys, namely Donatus, Bishop of Ostia, Stephen, Bishop of Nepi, and Marinus, deacon of the holy Roman Church, to Emperor Basil and his sons, the Augusti Constantine and Leo, at Constantinople. Anastasius, librarian of the Roman see, skilled in both languages, namely Greek and Latin, also went with them. When a synod had been assembled—which those meeting there called the eighth universal synod—they quieted the schism that had arisen over the deposition of Ignatius and the ordination of Photius, anathematizing Photius and restoring Ignatius. In it the following was enacted: In agreement with the earlier councils, this holy and universal synod has defined, enacted, and promulgated by law that the consecrations and promotions of bishops are to be made by the election and decree of the clergy and by the college of bishops, and that no one among lay princes or powerful men is to insert himself into the election or promotion of a patriarch, metropolitan, or any bishop, lest, namely, disorderly and incongruous contention or confusion arise from this, especially since it is fitting that no one among those possessing power or the other laymen have any power in such matters, but that he remain silent and attend to his own affairs until the election of the future pontiff duly receives its completion from the college of the Church. But if one of the laymen is invited by the Church to take counsel and cooperate, it is permissible for such a man, with reverence, to comply with those inviting him, if he should wish. For in this way he duly promotes a worthy pastor for himself, unto his own salvation and that of the Church.

Likewise from the Tripartite History, [book VII, c. 8]. When Emperor Valentinian came from the East to the western regions—as the ecclesiastical history relates—Auxentius having died, the teacher of Arian perfidy who had ravaged the church of Milan like a wolf, and when he wished, by God’s ordering, that a catholic bishop be consecrated there, he summoned the bishops and addressed them as follows: “You who are learned in the divine utterances know plainly what sort of man a pontiff ought to be, and that it befits him to govern his subjects not by word alone but also by his manner of life, to show himself an imitator of every virtue, and to have a good manner of life as the witness of his teaching. Therefore establish such a man in the pontifical see, one to whom even we, who govern the empire, may sincerely submit our heads and whose admonitions, whenever we sin as men, we may necessarily receive as the medicines of one who heals.” When the emperor had said these things, the synod asked that he himself, rather, make the determination, since he was wise and pious. But he said: “Such an election is above us. For you, who have obtained divine grace and shine with that splendor, will be better able to elect.” Then the priests, going out from the episcopal residence, deliberated. § 1. But when, by divine ordering, Ambrose, though not yet baptized, had been elected, the exultant emperor said: “I give thanks to you, almighty Lord and our Savior, because I had entrusted bodies to this man, but you have entrusted souls, and you have shown my judgment to accord with your justice.” And when Saint Ambrose was grieved at what had happened—as he himself wrote in his letters—the emperor strengthened him and said: “Do not fear, because the God who elected you will always help you, and I shall always be your helper and defender, as befits my rank.”

Likewise Pope Nicholas [I] to King Lothar. Moreover, know that it has been reported to us that you permit no one who is to be promoted to the episcopate in your kingdom to be elected unless he favors you. Therefore, by apostolic authority and under adjuration of the divine judgment, we enjoin you not to permit anyone to be elected in the city of Trier or in Cologne before a report about this is made to our apostolate.

Likewise from the Council of Paris, [I, c. 8]. If anyone, with excessive temerity, shall presume to seize the summit of this honor through royal appointment, let him in no way deserve to be received by the bishops of that place’s province, who recognize that he was unduly appointed. If any one of the comprovincial bishops shall presume to receive him contrary to the prohibitions, let him be separated from all the brothers and removed from the charity of them all.

Likewise from the Council of Laodicea, [c. 13]. The crowds are not to be permitted to conduct the election of those who are to be promoted to the priesthood.

Likewise from the second action of the Sixth Synod of 350 bishops, [c. 3]. Every election of a bishop, priest, or deacon made by princes is to remain void according to the rule which says: “If any bishop, making use of secular powers, shall obtain churches through them, let him be deposed and separated, together with all who communicate with him.”

Likewise from the Council of Pope Martin, [c. 1]. It is not permissible for the people to make the election of those who are promoted to the priesthood, but let it rest in the judgment of the bishops, so that they themselves may test whether the man is instructed in discourse, faith, and spiritual life. GRATIAN. By all these authorities laymen are excluded from the election of priests, and the necessity of obeying is enjoined upon them, not the liberty of commanding. Part II. To the contrary, however, Blessed Gregory writes to John, Bishop of First Justiniana in Illyricum, [book IV, epistle 15]:

Since, therefore, the report received from the brothers and fellow bishops declares that, by the united consent of the entire council and the will of the most serene prince, you have been summoned to the station of the priesthood, we have rendered thanks to our Savior with great exultation. We too consent in all things to the person of your fraternity, and we beseech almighty God that, just as his grace has elected your charity, so he may guard it in all things by his protection.

Likewise Gregory to John the Subdeacon, [book II, indiction 11, epistle 30]. Inasmuch as it is established that the apostolic see is set above all churches in authority, so, among our manifold cares, we are also greatly concerned about that place where our judgment is awaited for the consecration of a bishop. Therefore, upon the death of Laurence, Bishop of Milan, the clergy made known to us by their report that they had unanimously consented to the election of our son Constantius, their deacon. But because that report was not subscribed, lest we omit anything that pertains to caution, it is therefore necessary for you, supported by the authority of this precept, to proceed to Genoa. And because many of the Milanese dwell there, driven by barbarian savagery, you must summon them all together and examine their wishes. And if no diversity separates them from unity in the election—if indeed you learn that the wishes and consent of all persist in favor of our aforesaid son Constantius—then, with the Lord’s aid, you are to cause him to be consecrated by his own bishops, as the custom of antiquity requires, with the assent of our authority, so that, this custom having been preserved, both the apostolic see may retain its proper vigor and may not diminish rights granted by it to others.

Likewise Pope Gelasius to Bishops Philip and Gerontius. By a petition presented to us, the people of Dictrensis lamented that they had long been scattered without the governance of a ruler of their own. And, as is asserted, the man said already to have been approved by us is now thought to have been elected by a few persons of little standing, although it pertains to us to compel everyone by repeated admonition that they consent as one to whomever they see to be worthy of the priesthood and without any reproach. And therefore, dearest brothers, you must repeatedly summon priests and deacons from all the parishes of the aforesaid place and the whole multitude, so that, not according as it has pleased each person, but with concordant minds, and with your admonition, they may seek for themselves, solely with regard for the divinity, such a person as no opposition can recall from the prescribed statutes.

Likewise Stephen, Bishop, servant of the servants of God, to Romanus, Archbishop of Ravenna. We wish your fraternity to know that it has reached our ears that the Bishop of Imola has departed from this light; and we have heard that division among the people has arisen in the election of his successor. Since this often happens, as individual men seek the things that are their own, not those of Jesus Christ, we do not greatly marvel at it. Nevertheless, your solicitude must be applied especially to this, that, when the clergy and people have been summoned, such a man may be elected there through God’s mercy as is not opposed by the sacred canons. For the election belongs to the priests, and the consent of the faithful people is to be applied, because the people are to be taught, not followed.

Likewise Pope Nicholas to John, Archbishop of Ravenna. Do not consecrate bishops throughout Emilia except after the election of the clergy and people.

Likewise Pope Pelagius to Tullianus, Bishop of Grumentum. We have received the letters of your charity, by which you signify that Latinus your deacon is requested for the episcopate of the church of Marcelliana by the clergy and all who assemble there. Therefore we say this: if all elect him, and you are willing to grant him, know that it is pleasing to us; and, if he can, let him hasten to arrive before the holy day, so that on the very Saturday of the great night, after the baptism, he may, with God’s grace, be ordained.

The same to Laurence, Bishop of Centumcellae. By an official report of the most devoted soldiers who are stationed there in the city of Centumcellae, sent to us, they make known that they have obtained a rescript of the most clement prince, which commanded that a priest, deacon, and subdeacon be made for them. Therefore we exhort your affection to see the persons themselves and inquire diligently lest they have committed anything against the canons; and if you find them blameless and see that the testimony concerning their life is praiseworthy, when the middle week of Easter comes—if the Lord wills and if we live—do not delay in promoting each one through the offices that we have foretold.

Likewise Leo IV to the Augusti Lothar and Louis. The church of Rieti, which has remained destitute of pastoral care through the span of so many years, deserves to be raised up by the arm of your greatness and protected by the covering of governance. Hence, after first addressing you with a greeting, we beseech your clemency that you deign to grant that church to the humble deacon Colonus to govern, so that, your permission having been received, we may be able, with God’s help, to consecrate him bishop there. But if you do not wish him to be appointed bishop in the aforesaid church, may your serenity deign to grant him the church of Ascoli, which remains widowed, so that, having been consecrated by our pontificate, he may be able to render thanks to almighty God and to your empire.

Likewise to Countess Rita. The lord emperor and empress directed to us by their letters that we ought to make Colonus bishop in the church of Rieti, which had appeared destitute of the office of a pastor for a long time already, as indeed we have done.

Likewise Stephen to Count Guido. Having read the writings of your sagacity, which declared that, upon the death of the bishop of the church of Rieti, its clergy and people had elected their future bishop and that through your solicitude he had been sent to us to be consecrated, lest that church remain long without its own pastor, we—grieving at the death of his predecessor—have for the present omitted to ordain the elected man so very quickly, notwithstanding the unanimity and canonical election of that church, as you commanded, because he brought us no imperial letter of release, as is customary. This matter is, of course, doubtful to us; therefore we deferred obeying your will in this, lest the imperial mind take it most harshly in any way. But knowing that the church of the Lord ought not to remain long without its own pastor, we command your glory—since we ought not to have acted otherwise—that your solicitude obtain imperial permission, as ancient custom dictates, and that an imperial letter be directed to us, in the manner we believe you know. Then we shall obey your will in this and, with the Lord’s help, shall consecrate that elected man. Dearest son, may you in no way receive this with displeasure.

Likewise Pope Leo [I, to Anastasius, Bishop of Thessalonica, epistle LXXXII, otherwise LXXXIV, c. 6]. When a metropolitan has died and another is to be substituted in his place, the bishops of the province ought to assemble at the metropolitan city, so that, after the will of all the clergy and citizens has been examined, the best man among the priests or deacons of that church may be ordained.

Likewise Isidore in the book On Offices. If archpriests in the parishes have died or have been expelled from there for some offense, let the archdeacon proceed there as quickly as possible and conduct an election with the clerics and people of that parish, so that a worthy pastor may be established for the house of God and, while he is being ordained, that parish may be guarded by the archdeacon’s providence.

Likewise from the deeds of the Roman Pontiffs. Agatho, a Sicilian by nation—during whose legation John, Bishop of Porto, celebrated public masses in Latin on the Sunday within the octave of Easter in the church of Saint Sophia before the prince and patriarch—received, according to his petition, an imperial rescript by which the sum customarily given for effecting a pontiff’s ordination was remitted, yet on this condition: that if, after his passing, an election should happen to be made, the man elected ought not to be ordained unless the general decree were first brought into the royal city according to ancient custom, so that the ordination ought to prosper with their knowledge and command. § 1. Likewise Vitalian, a native of Segni, sent his representatives with a synodical letter, according to custom, to the most pious princes in the royal city, giving notice of his ordination.

Likewise from the Ecclesiastical History. Pope Adrian asked King Charles to come to Rome to defend the possessions of the Church. Charles, coming to Rome, besieged Pavia, and, leaving his army there, was honorably received by Pope Adrian at Rome on the holy Resurrection. After the holy Resurrection he returned to Pavia and captured King Desiderius; then, returning to Rome, he convened a synod there with Pope Adrian in the Lateran patriarchium, in the church of the Holy Savior, which synod was celebrated by 153 religious bishops and abbots. Pope Adrian and the entire synod handed over to Charles the right and power to elect the Pontiff and to ordain the apostolic see. They also granted him the dignity of the patriciate. Furthermore, the synod determined that the archbishops and bishops throughout the individual provinces were to receive investiture from him, and that no bishop was to be consecrated by anyone unless approved and invested by the king; and it bound with the bond of anathema whoever should be against this decree and commanded that, unless he came to his senses, his goods be confiscated.

Likewise Pope Leo, in the synod assembled at Rome in the church of the Holy Savior. Following the example of Blessed Adrian, bishop of the apostolic see, who granted to the lord Charles, most victorious king of the Franks and Lombards, the dignity of the patriciate, the ordination of the apostolic see, and the investiture of bishops, I too, Leo, servant of the servants of God, bishop, together with all the clergy and the Roman people, enact, confirm, and corroborate, and through our apostolic authority grant and bestow on the lord Otto I, king of the Germans, and his successors in this kingdom of Italy, in perpetuity, the power to elect his successor and to ordain the Pontiff of the supreme apostolic see, and also through him the archbishops or bishops, so that they may receive investiture from him and consecration from those from whom they ought, excepting those whom the emperor has conceded to the Pontiff and archbishops; and that henceforth no one, of whatever dignity or religious status, is to have the power to elect either a patrician or the Pontiff of the supreme apostolic see, or to ordain any bishop, without the consent of the emperor himself—provided, nevertheless, that it be done without any payment—and that he himself be patrician and king. But if someone is elected bishop by the clergy and people, let him not be consecrated unless he is approved and invested by the aforesaid king. If anyone shall attempt anything against this apostolic authority, we decree that he is to be subject to excommunication and, unless he comes to his senses, is to be punished by irrevocable exile or struck with the ultimate penalties.

Likewise Gregory [book IV of the Register, epistle 34, to the Empress Constantina]. The bishop of the city of Salona was ordained without the knowledge of me or my representative, and a thing was done that occurred under no previous princes. On hearing this, I immediately sent to that same transgressor, who was irregularly ordained, that he was in no way to presume to celebrate the solemnities of masses at all unless I first learned from the most serene lords whether they had commanded this to be done; and I commanded this to him with the imposition of excommunication. But, holding me in contempt and despising me, and emboldened by certain secular men to whom, it is said, he gave many rewards after stripping his church bare, he has presumed to celebrate masses up to the present and has refused to come to me according to the command of the lords. But I, obeying the command of their piety, have so remitted from my heart to that same Maximus, who was ordained without my knowledge, the fact that at his ordination he presumed to pass over me or my representative, as though he had been ordained with me as the author. Yet his other perverse acts—namely the bodily crimes of which I have learned, or that he was elected with payments, or that he presumed to celebrate masses while excommunicated—I cannot, for God’s sake, pass by without inquiry. And if he delays long in coming to me, I shall in no way cease to exercise canonical severity against him.

Likewise from the Council of Toledo, [XII, c. 6]. Since the speed of messengers traveling across lands spread far and wide is impeded, with the result either that the death of a prelate cannot be reported with the kings hearing of it or that the prince’s free choice concerning the successor of a dying bishop cannot be awaited, there often arises either a difficulty for our order in reporting such matters or an incalculable burden for the royal power while it awaits our counsel concerning the substitution of pontiffs. Hence it pleased all the pontiffs of Spain and Gaul that, with the privilege of each province preserved, it remain permissible henceforth for the pontiff of Toledo to appoint as bishops in the sees of their predecessors, in any provinces whatsoever, whomever the royal power has elected and the judgment of the aforesaid Bishop of Toledo has proved to be worthy, and to elect successors when bishops die, yet so that whoever has been ordained, within the space of three months after the time of his ordination, is to approach in order to see the presence of his own metropolitan. GRATIAN. The elections of the supreme pontiffs and of other lesser prelates were also once presented to the emperors, as is read concerning the election of Blessed Ambrose and Blessed Gregory. From these examples and the aforesaid authorities it is plainly gathered that laymen are not to be excluded from an election, nor princes rejected from the ordering of churches. But when the people are commanded to take part in an election, they are not directed to be summoned to make the election, but to give consent to the election. For the election belongs to the priests—as is read at the end of the preceding chapter of Pope Stephen—and it belongs to the faithful people humbly to consent. Therefore, the desire of the people is sought as to whether it accords with the election of the clerics. For then will a bishop be duly appointed in the Church of God, when the people together acclaim the one whom the clergy have elected by a common vote. Hence Pope Celestine says, [to the Bishops of Gaul, epistle II, c. 5]:

The consent and desire of the clergy and people are to be sought.

Likewise Leo I, [to the Bishops of the province of Vienne, epistle LXXXVII, otherwise LXXIX]. In the ordinations of priests, let the wishes of the citizens, the testimonies of the peoples, the judgment of the honored men, and the election of the clerics be established. And below: Let those who are to be priests be requested through peace and quiet; let the subscription of the clerics, the testimony of the honored men, and the ranks of the assembly and people be obtained. Part III. GRATIAN. Usage and enactment, however, handed down that the elections of Roman Pontiffs and other bishops were to be reported to princes and emperors because of the dissensions of schismatics and heretics, by which the Church of God, shaken at times, was placed in danger; against them the Church is frequently read to have been fortified by the laws of the most faithful emperors. Therefore, the election of catholics was presented to the princes, so that, strengthened by their authority, none of the heretics or schismatics would dare oppose it, and so that the princes themselves, as most devoted sons, would consent to him whom they saw elected as a father for themselves and would stand forth as his supporters in all things, just as Valentinian is read to have said to Blessed Ambrose: “Do not fear, because the God who elected you will always help you, and I shall always stand forth as your helper and defender, as befits my rank.” Hence Pope Stephen enacted, saying:

Because the holy Roman Church, over which by God’s authorship we preside, suffers many acts of violence when a Pontiff dies—which are inflicted for this reason, that the Pontiff’s consecration occurs without imperial knowledge and envoys have not been sent by the emperor according to canonical rite and custom to prevent scandals from occurring—we will that, when a Pontiff is to be instituted, the one who is to be ordained be elected by the bishops assembling and by all the clergy, in the presence of the senate and people, and that, having thus been elected, he be consecrated by all in the presence of the imperial legates; and let no one, at his peril, dare by a new invention to extort any oaths or promises except those which ancient custom requires,

lest either the Church be scandalized or the imperial honor be diminished. Part IV. GRATIAN. But because emperors, sometimes not knowing their measure, wished to be numbered not among those who consented but as the foremost of those who distributed—or rather exterminated—and because, having frequently fallen into the perfidy of heretics, they tried to assault the unity of the catholic mother Church, the enactments of the holy Fathers were issued against them, so that they were not to insert themselves into an election, and whoever obtained a church by their support was to be bound by the bond of anathema. Divine Scripture likewise says that after Hezekiah destroyed the high places, shattered the statues, cut down the groves, and broke apart the bronze serpent that Moses made—namely, because God had commanded that serpent to be made lest the people perish by the death of serpents, the people themselves had begun to worship and venerate it, and for that reason the former man destroyed what the latter had made at God’s command. And by this, this authority is to be regarded as great in the Church: that if some of our predecessors and superiors did certain things that at that time could be without fault, but afterward are turned into error and superstition, they are to be destroyed by their successors without any delay and with great authority. Finally, elections of Roman Pontiffs are read to have been celebrated both in the presence of imperial legates and without their being consulted, and at last the emperors themselves, with a religious affection of mind, renounced the aforesaid privileges, conferring in addition many gifts upon the Church of God.

When Adrian II was being drawn from the church of the Mother of God our Lady, which is called “At the Manger,” to the Lateran patriarchium upon his election to the Roman pontificate, he was borne along eagerly by the people, clergy, and leading men. When the envoys of Emperor Louis heard this, they took it ill, indignant, namely, that although they were present, they had not been invited and had not deserved to take part in the election of the future prelate, which they desired. Having accepted the explanation that this had been done not from contempt of the Augustus but with a view to the future—namely, lest by a precedent of this kind the custom of waiting for the legates of princes in the election of Roman prelates should grow established—they calmed all their indignation from the heart and themselves also humbly approached to salute the elected man.

Likewise the pact of the constitution of the first Emperor Louis with the Roman Pontiffs. I, Louis, Roman Emperor Augustus, enact and grant by this pact of our confirmation to you, Blessed Peter, prince of the apostles, and through you to your vicar, the lord Paschal, supreme Pontiff, and to his successors in perpetuity, as you and your predecessors have held and disposed in your power and dominion until now, the city of Rome with its duchy, all its suburbs and villages, its mountainous territories, seacoasts, and ports, and all the cities, castles, towns, and estates in the regions of Tuscany. The same: § 1. When, by divine calling, the Pontiff of this most sacred see has migrated from this world, let no one from our kingdom—whether Frank, Lombard, or a man of any nation placed under our power—have license to come against the Romans publicly or privately, or to make the election, and let no one presume to do any evil on this account in the cities or territories belonging to the power of the church of Blessed Peter the Apostle; but let the Romans be permitted, with all veneration and without any disturbance, to provide an honorable burial for their Pontiff, and canonically to consecrate, without any uncertainty or contradiction, the man whom all the Romans, by one counsel and concord, without any promise, shall have elected to the order of the pontificate through divine inspiration and the intercession of Blessed Peter. And when he has been consecrated, let legates be directed to us or to our successors, the kings of the Franks, to join friendship, charity, and peace between us and him.

[PALEA.

Likewise Leo IV to the Augusti Lothar and Louis. It has been enacted and confirmed by the terms of the pact between us and you that the election and consecration of the future Roman Pontiff ought to be made only justly and canonically.]

[PALEA.

Likewise the Constitution of the first Henry and the first Otto with the Roman Pontiffs. Constitution of the first Henry and the first Otto with the Roman Pontiffs. We altogether forbid any of our envoys to dare contrive an argument for any kind of impediment in the election of the Roman Pontiff. Likewise: § 1. In the election of Roman Pontiffs, let neither free man nor slave presume to bring it about that he causes any impediment to those Romans whom ancient custom, through the constitution of the holy Fathers, admitted to this election.

But if anyone presumes to act against this our constitution, let him be delivered into exile.]

Likewise the Constitution of Otto. To you, lord Pope John, I, King Otto, cause a promise and oath to be made by the Father and the Son and the Holy Spirit, and by this wood of the life-giving cross, and by these relics of the Saints, that if, with God’s permission, I come to Rome, I shall exalt the holy Roman Church and you, its ruler, according to my ability, and never by my will, consent, counsel, or exhortation shall you lose your life or limbs, or the very honor that you have; and at Rome I shall hold no judicial assembly or make any ordinance concerning any of the things that pertain to you or to the Romans without your counsel; and whatever of the land of Saint Peter shall come into our power, I shall restore to you. Whomever I entrust with the Italian kingdom, I shall cause him to swear that he will be your helper in defending the land of Saint Peter according to his ability.

Likewise from the first book of the Capitularies of Charles and Louis, [Emperors, c. 84]. Not ignorant of the sacred canons, in order that in God’s name the holy Church may more freely possess its honor, we furnish our assent to the ecclesiastical order, so that bishops, through the election of clergy and people, may be elected from their own diocese according to the statutes of the canons, with acceptance of persons and gifts removed, on account of merit of life and the gift of wisdom, so that they may be able in every way to benefit those subject to them by example and word. GRATIAN. From these constitutions and the pact of Emperor Louis, it is perceived that the emperors renounced those privileges concerning the election of the supreme Pontiff which Pope Adrian had granted Emperor Charles, and Pope Leo, in imitation of him, had granted Otto I, king of the Germans. Since, therefore, from the foregoing authorities it is clear to all that the election belongs to clerics alone, it is asked: to which clerics does the election itself belong—to those of the greater church alone, or also to other religious clerics who are in the same city? But—as is found in the abridgment of the canons by Fulgentius, deacon of the church of Carthage—it was enacted at the Seventh Council of Nicaea and the Council of Macerata that the judgment of the mother church suffices for electing a bishop. Now, however, just as the election of the supreme pontiff is to be made not only by the Cardinals but also by other religious clerics, by the authority of Pope Nicholas, so too the election of bishops is to be made not only by canons but also by other religious clerics, as was enacted in the general synod of Pope Innocent held at Rome. For he says:

Indeed, when bishops die, since the sanctions of the holy Fathers forbid a church to be vacant beyond three months, under anathema we forbid the canons of the episcopal see to exclude religious men from the election of bishops; rather, with their counsel let them elect an upright and suitable person as bishop. But if an election has been made with the religious excluded, let what was done without their consent and acquiescence be regarded as null and void. GRATIAN. It is now therefore asked: if the votes of the electors divide into two parties, which of them is to be preferred to the other? Concerning these matters Bishop Leo writes as follows, [to Anastasius, Bishop of Thessalonica, epistle LXXXII, otherwise LXXXIV, c. 5]:

If perchance—which we judge neither reprehensible nor irreligious—the votes of the electors divide into two parties, let him be preferred to the other by the judgment of the metropolitan who is supported by greater zeal and merits, provided only that no one be given to those unwilling and not requesting him, lest an unwilling people contemn or hate an undesired bishop.