Distinction LXXXI

GRATIAN. Part I. Let it suffice us to have said these things concerning those to be ordained and those ordaining, and concerning the distinctions and offices of the individual grades. But because we have lingered upon these matters somewhat more extensively, let us bring certain things coherent with the foregoing under an epilogue for remembrance. One who is to be ordained as bishop ought, as the Apostle writes, to be “without crime,” that is, without mortal sin, which must be understood not only of a bishop but also of anyone elected to some prelacy of the Church. Hence Augustine writes upon John:

When the Apostle Paul selected priests or deacons to be ordained, and anyone who is to be ordained to a prelacy of the Church, he did not say, “If anyone is without sin”—for if he had said this, every man would be rejected and no one would be ordained—but he said, “If anyone is without crime,” such as homicide, adultery, some uncleanness of fornication, theft, fraud, sacrilege, and other things of this kind. § 1. A crime, however, is a grave sin most worthy of accusation and condemnation. Part II. GRATIAN. Therefore, anyone entangled in any of these ought not to be ordained; or, if, when already ordained, he is convicted of having committed any of them before or after the time of his ordination, he will be deprived of the office of the grade he received. Hence Pope Symmachus says:

No one rightly assumes the person of an admonisher unless by his deeds he condemns errors and by his manner of life demonstrates love of innocence.

Likewise Pope Celestine, [to the Bishops of Gaul, epistle II, c. 3]. Daniel, burdened by so many testimonies of crimes, assailed by so great an accusation, and, as is said, polluted by incest with sacred virgins, is asserted to have been ordained bishop. And, as is contained in the records of our archive, copies of which we also directed to you, he crept into the dignity of the pontificate at that very time when he was being summoned to plead his cause by letters sent by us. Let injury be absent from the sacred name. It is easier that the ordainer lost this dignity by giving it to such a man than that the ordained man obtained it. The one who believed that, by bestowing the pontificate, this man should be joined to himself will be associated with him when he is convicted. For whoever ordained such men shows what sort of man he himself is.

Likewise from the Council of Nicaea, [c. 9]. If any priests were promoted without examination and, when afterward examined, confessed their sins, and when they had confessed, men came and, contrary to the rule, imposed hands upon them, the ecclesiastical order does not receive these men. For in all things the Church defends what is irreproachable.

Likewise from the same Council, [c. 10]. As for any of those who have fallen who were already ordained through ignorance or through the contempt of those who ordained them, this does not prejudice the ecclesiastical rule. For when it has been discovered, they will be deposed.

Likewise Innocent, [to Maximus and Severus, epistle V]. The attached sequence of the petition declares what sort of complaint our son Maximilian brought. Led by zeal for faith and discipline, he does not suffer the Church to be polluted by unworthy priests, whom he asserts to have begotten sons while in the presbyterate. And therefore, brothers, after examining the tenor of this petition, which is appended, you ought to place in your midst those who are said to have perpetrated such things; and, when the objections charged against these priests have been examined, if they can be convicted, let them be removed from the priestly office—because those who are not holy cannot handle holy things—and let them be made foreign to the ministry which they polluted by living unlawfully.

Likewise Pope Eugenius, [II]. If a priest or anyone else advanced in an ecclesiastical order is found in a crime by which he is proved deserving of rejection, once deposed, let him be established through the bishop’s providence in a well-considered place, where he may lament the sin and not commit it further.

Likewise from the Council of Mainz. We have been told that priests canonically degraded because of their negligence live in secular fashion after losing their grade and neglect the good of doing penance. Hence we enact that, once their grade has been lost, they be sent to a monastery or a regular canonry for the sake of doing penance. But if any cause prohibits this from being done, wherever they are, let them not cease to do penance. But if, after losing their grade, they wish to live in secular fashion and neglect to do penance, let them be separated from the communion of the Church.

Likewise Isidore, [Sentences, On the Supreme Good, book II, c. 10]. A change of place sometimes benefits converts for the salvation of the soul; for frequently, when the place is changed, the affection of the mind is changed. It is therefore fitting for a man also to be bodily uprooted from the place where he served enticements. For the place where anyone lived wickedly places before the sight of the mind what he often either thought or did there.

Likewise from the Seventh Synod of Orléans, [c. 7]. If any cleric has either confessed adultery or been convicted of it, once deposed from office, with communion granted, let him be confined in a monastery for the whole time of his life.

Likewise Pelagius to the Defender Constantine. Romanus, a cleric of the church of Tiano, was deposed from the clerical order for the crime of adultery which he is reported to have committed and, at our command, was confined in a monastery here in the city of Rome to do penance.

Likewise from the canon of the Apostles, [c. 25]. Let a priest or deacon who is caught in fornication, theft, perjury, or homicide be deposed, but not deprived of communion; for Scripture says: “God does not judge twice for the same thing.”

Likewise. If any bishop, priest, or deacon has fornicated or committed adultery after receiving the grades of his diaconate, let him be deposed and, cast out from the Church, let him do penance among the laymen.

Likewise from the First Council of Orléans, [cc. 9 and 12]. If a deacon or priest commits a capital crime, let him be expelled both from office and from communion. But if, because of his offense, he has removed himself from communion at the altar under profession as a penitent, even these men, if others are lacking and a cause of certain necessity arises, are permitted to baptize one requesting baptism.

Likewise Gregory [VII] to all throughout the kingdom of Italy and of the Germans. If there are any priests, deacons, or subdeacons who lie in the crime of fornication, on behalf of almighty God and by the authority of Saint Peter we forbid them entrance to the church until they repent and amend. But if any prefer to persevere in their sin, let none of you presume to hear their office, because their blessing is turned into a curse and their prayer into sin, as the Lord bears witness through the Prophet: “I shall curse,” he says, “your blessings.” But those who are unwilling to obey this most salutary precept will incur the sin of idolatry, as Samuel bears witness and Blessed Gregory teaches: “Not to obey is the sin of divination, and not to acquiesce is the crime of idolatry.” Therefore, whoever, while asserting himself to be a Christian, scorns to obey the apostolic see incurs the sin of paganism.

Likewise Alexander II to the Bishops and King of Dalmatia. If from now on any bishop, priest, or deacon takes a woman or retains one already taken, let him fall from his proper grade until he comes to satisfaction; let him neither remain in the choir of those singing psalms nor have any portion of ecclesiastical property.

The same to the Clergy of Milan. If anyone among the priests, deacons, or subdeacons, contumaciously deserting his office, chooses a woman for himself instead, just as he voluntarily relinquishes the office because of fornication, so because of transgression let him be compelled, even unwillingly, also to relinquish the benefice.

The same to the people of Milan. Those also who, so that they may be permitted to fornicate, abandon the divine office and, withdrawing from God, serve the devil and his works, just as they most justly make themselves foreign to the office, so we adjudge them to be deprived of the benefice of churches.

Likewise Pope Lucius. Let such ministers of the altar, whether priests or deacons, be chosen for the Lord’s offices as preserve continence. § 1. But if after his ordination it happens that a minister enters the bed of his own wife, let him not enter the thresholds of the sacristy, nor be the porter of the sacristy, nor touch the altar, nor receive from those offering the oblation of the sacrifice, nor approach or administer the portion of the Lord’s body, nor perform the lesser offices without the authority of an elder. Certainly, let him not bring a ewer or chalice to the altar.

The same. Part III. Let a cleric not approach a woman’s dwelling alone, nor hasten there without the command of an elder priest; let a priest not mingle conversation alone with a woman alone; nor let an archdeacon, under the pretext of humility or office, frequently enter the homes of matrons or perhaps secretly send some message to a matron through clerics or servants. If this has become known, let the former be deposed and the latter be barred from the thresholds of the church.

[PALEA.

The same. But if perhaps there has been some intercession, let it be reported to the bishop. And if it is such a matter that he ought to go there by a pious intervention, let him himself proceed; but if not, let him direct someone from his side with two or three witnesses. Nevertheless, let no one dwell with an unrelated woman unless she is a close relative or sister. And let this be done with great solicitude. For we are not ignorant of the malice of Satan.]

[PALEA.

From a decree of Pope Eugenius. If any of the priests—that is, a priest, deacon, or subdeacon—suspected of the crime of fornication with any woman is found after a first, second, and third admonition speaking with her or associating with her in any manner, let him be excommunicated, and let the woman be judged canonically.]

Likewise Gregory. Part IV. Priests to whom the Lord’s people are entrusted ought with great steadfastness to keep watch over the Lord’s sheep, lest they be torn by wolfish bites, that is, by the goads of the devil. § 1. Nor indeed ought I to keep silent about what I say with grave sadness of mind: I observe priests dwelling with women, which is impious to say or hear and is contrary to the enactments of the holy canons. For wherever there is such cohabitation of those dwelling together, the goads of the ancient enemy are not absent. And therefore they are to be admonished not to be deceived by the fraud of the ancient enemy, so that, according to the Apostle’s voice, our ministry may not be reviled. For we ought, brothers, to guard ourselves from unlawful things so that we may be able to lift pure hands to God. For it is written: “Be holy, because I am holy.” But if anyone presumes to act otherwise, let him be deprived of the honor of his priesthood. Whence in every way we must guard, brothers, lest we deceive the people and that saying of the Prophet be fulfilled in us: “My priests contaminate holy things and reject the law.” Another Prophet also rebukes them, saying: “You, O priests, who deceive my name, and you have said: In what thing do we deceive your name?” To whom it was answered: “Offering polluted loaves upon my altar. I have no good will in you, says the Lord, and I shall not receive sacrifice from your hands, because you are polluted.”

The same to the Defender Symmachus, [book I of the Register, indiction IX, epistle 50]. We will that priests ought to be prohibited from associating with women, with the exception only of a mother, sister, or wife, who is to be governed chastely.

The same in the Register, [book VII, epistle 39]. It is read that Blessed Augustine did not consent even to dwell with his sister, saying: “Those who are with my sister are not my sisters.” Therefore, the great caution of a learned man ought to be an instruction for us.

Likewise from the Eighth Synod. In all things it is fitting to observe that it should be determined who the cleric is, and that he ought to appear before or speak to women at a determined time, in a determined place, and with determined persons, so that every impious suspicion may be excluded. Certainly, no principle of religion permits one man alone to approach one woman alone. “For two are better than one.” For at the same time the matter is conducted both more faithfully and more safely. “For woe to one, because if he falls, there is no one to raise him.”

Likewise from the Third Council of Carthage, [c. 17]. Let unrelated women by no means cohabit with any clerics, but only mothers, grandmothers, maternal and paternal aunts, sisters, daughters of brothers or sisters, and any women from the household who, by domestic necessity, were already dwelling with them even before they were ordained; or if their sons, after their parents were already ordained, have taken wives; or if necessity required wives to be brought from elsewhere for servants who do not have women in the household whom they might marry.

Likewise from the Council of Laodicea, [c. 30]. Ministers of the altar, or indeed any clerics, those practicing continence, and Christians altogether ought not to have baths in common with women. For this is the foremost reproach among the gentiles.

Likewise Gregory to Januarius, Bishop of Cagliari, [book III, epistle 26]. As I hear, you prohibited your archdeacon from dwelling with women, and up to now you are despised in that prohibition. Unless he obeys your command, we will that he be deprived of sacred order.

Likewise from the Fourth Council of Toledo, [c. 42]. Certain clerics, not having a lawful marriage, seek the prohibited companionship of unrelated women or their own female servants. And therefore, whatever women are joined to clerics in this manner are to be taken away and sold by the bishop, while those whom they infected by their lust are for a time bound over to penance.

Likewise Pope Siricius to Bishop Himerius, [epistle I, c. 12]. We suffer no women to be in the house of clerics except only those whom the Synod of Nicaea permitted to dwell with them for the sole reasons of kinship.

Likewise from the Third African Council, [c. 5]. Let clerics or those practicing continence not approach widows or virgins except at the command or permission of bishops or priests. And let them not do this alone, but with clerics or with those whom the bishop or priest has commanded. Nor are bishops or priests themselves to have access alone to women of this kind, but where either clerics are present or some Christians of grave character.

Likewise from the Fourth Council of Carthage, [c. 102]. It pertains to the guilt of the bishop or priest who presides over the parish if, for the sake of sustaining the present life, younger widows or consecrated women are subjected to familiar associations with clerics.

Likewise from the same, [c. 103]. Widows who are sustained by a stipend of the Church ought to be so assiduous in the work of God that they aid the Church by their merits and prayers.