Distinction LXIV

GRATIAN. Part I. From here it is to be considered by whom or at what time holy orders are to be distributed, or in what places patriarchs, primates, archbishops, bishops, chorepiscopi, and the remaining priests are to be ordained. By whom bishops are to be ordained was defined at the Council of Nicaea, where it reads as follows, [c. 4]:

Bishops ought to be ordained by all those who are in their province. But if this is difficult, either because of pressing necessity or the length of the journey, three bishops ought to assemble together, in such a way that they possess by letters the consent of the others who are absent. The authority, however, or confirmation will pertain in each province to the metropolitan bishop.

Likewise Pope Anacletus, [to the Bishops of Italy, epistle II]. By apostolic authority, episcopal ordinations are to be celebrated by all the bishops who are in the same province. § 1. But if all have been wholly unable to assemble together, let them nevertheless furnish assent by their prayers, so that they are not absent in mind from the ordination itself.

[PALEA.

Concerning the rejection of one whom two bishops have presumed to ordain in our provinces, it has pleased us concerning the presumptuous persons that, wherever it happens that two bishops ordain a third, both he and the authors are to be condemned, so that those things instituted in antiquity may be observed more cautiously.]

Likewise Pope Anicius, [in the epistle to the Bishops of Gaul]. If it is necessary, comprovincial bishops, with the others consenting, may be consecrated by three bishops at the archbishop’s command.

Likewise Innocent, [Pope, to Victricius, Bishop of Rouen, epistle II, c. 1]. Let no one dare to ordain a bishop without the knowledge of the metropolitan. For a judgment that is confirmed by the opinions of many is complete. Nor let one bishop presume to ordain a bishop, lest a benefit bestowed by stealth seem to have been granted. For the Synod of Nicaea both enacted this and defined it by enactment.

Likewise Gelasius to all the bishops throughout Dardania. Part II. Because, through unlawful ambitions, certain persons are not ashamed to disturb the rights of churches and, with rash presumption, to invade the privileges which antiquity decreed to metropolitan or provincial bishops—on account of which they also desire to maintain a breach of apostolic communion, so that, separated from its authority, they may exercise their own usurpations with impunity, not considering that they will have to render an account to the eternal Judge, both for the injury to catholic sincerity and for the prejudices done to paternal traditions, not without the destruction of perpetual condemnation if they persist in this obstinacy—we have thought your charity should be instructed that all of you in common, brothers established throughout Dardania or any contiguous province, who remember that you are under your metropolitans and who determine that bishops are to be substituted by those same men, as ancient custom demands, should unanimously strive to obtain bishops; and in turn, if a metropolitan departs by the lot of the human condition, you are to judge in every way that he is to be consecrated by the bishops of the province, as the form has handed down, and you are not to suffer him to claim for himself what was granted to you by ancient arrangement, so that, even amid the very storms of adverse wills, you may by no means cease to guard the ancient rules, just as there is no doubt that our fathers steadfastly did in the time of diverse persecutions.

Likewise from the Council of Pope Martin. Part III. A bishop ought most especially to be constituted by the entire council. But if this is difficult either because of necessity or the length of the journey, three are to be gathered from all, and the subscriptions of all present or absent are to be obtained, and thus afterward the ordination is to be made. § 1. The authority over this matter in every province, however, pertains to the metropolitan bishop.

Likewise from the Council of Nicaea, [I, c. 6]. This is generally clear: if anyone has been made bishop apart from the metropolitan’s judgment, the great synod has defined that this man ought not to be a bishop.