Distinction XCIII

GRATIAN. Part I. Inferiors owe obedience according to order to superiors. For such obedience is owed to the Supreme Pontiff by all that no one is permitted to communicate with a person toward whom, because of that person’s acts, he has proved hostile, nor will one who deserts his chair be able to be in the Church. Hence blessed Peter, prince of the Apostles, addressing the people at the ordination of Clement, says among other things:

If this Clement is an enemy to anyone because of that person’s acts, do not yourselves wait for him to tell you, “Do not be friends with that man,” but you ought prudently to observe it, comply with his will without communication, and turn yourselves away from one whom you perceive to be opposed to him; and you are not even to speak with those with whom he does not speak, so that each person who is at fault, while he desires to have the friendship of you all, may hasten more quickly to be reconciled to the one who presides over all, and through this may return to salvation when he begins to obey the admonitions of the presider. But if anyone is a friend to those with whom he does not speak, he himself is one of those who wish to destroy the Church of God; and although he may seem to be with you in body, in mind and spirit he is against you. And this enemy is much more wicked than those who are outside and manifestly are enemies; for through the appearance of friendship he conducts hostile things and scatters and devastates the Church. And therefore, admonishing you by apostolic institutions of this kind, we instruct you so that, when your charity has been rendered more certain, it may strive hereafter to act more solicitously and cautiously, lest perverse and faithless men have the ability to harm the faithful and benevolent.

Likewise Gregory, [book V, epistle 26]. I was greatly astonished that among so great a clergy and people of the church of Salona scarcely two from the sacred orders were found—namely my brother and fellow bishop Paulinus and my most beloved son Honoratus, archdeacon of the same church—who would by no means consent to communicate with Maximus as he seized the priesthood, and who recognized that they were Christians. For you ought, most beloved sons, to have considered your orders and to have recognized as repelled the one whom the apostolic see repelled, so that he might first, if he could, be cleansed of the charges brought against him, and then your affection might communicate with him, lest it become a participant in his obligation.

Likewise Cyprian, [On the Unity of the Church]. Let one who deserts the chair of Peter, upon which the Church was founded, not trust that he is in the Church. GRATIAN. Bishops who are subject to apostolic ordination also owe this reverence: that every year they present themselves at the thresholds of the Apostles. Hence Popes Anacletus and Zacharias:

According to the institutions of the holy Fathers and canons, let all bishops who are subject to the ordination of this apostolic see and who are nearby present themselves annually, around the Ides of May, at the thresholds of the holy princes of the Apostles Peter and Paul, with every excuse set aside. But let those who are far away fulfill this according to their written undertaking. But one who has proved a contemner of this constitution, unless he has been detained by illness, is to know that he is subject to canonical sentences. Part II. GRATIAN. But the remaining lesser persons in the Church ought always to be subject to the greater, as it reads in the Synod of Saint Sylvester, [c. VII]:

From the subdeacon down to the readers, let all be subject to the cardinal deacon, a most reverend man, displaying honor to him in the church. Moreover, in every place, whether in public or in the bosom of the church, let the priest display service to the pontiff, the deacon to the priest, the subdeacon to the deacon, the acolyte to the subdeacon, the exorcist to the acolyte, the reader to the exorcist, the porter to the reader, the abbot to the porter, and the monk to the abbot.

Likewise from the [First] Epistle of Pope Clement, [to James, brother of the Lord]. Let the deacons of the Church be like the eyes of the bishop, wandering about and looking all around with modesty upon the acts of the whole Church, and examining more diligently whether they see anyone approaching a precipice and being near to sin, so that they may report these things to the bishop. And below: § 1. Let it be the care of the deacons to report to the bishop those things which pertain to the worship of the Church and its discipline.

Likewise in the same. But blessed Peter said that priests were the salt of the earth and the light of the world, teaching them to glorify God the Father in the splendor of their works, concerning whom the Lord says: “Blessed are you when men curse you,” and the rest; and again: “You are the salt of the earth.”

Likewise from the Council of Paris. By no reason are those to be held as clerics or priests who are governed under the discipline and foresight of no bishop. Ancient custom called such persons acephalous, that is, without a head.

Likewise, [from the Third Epistle of Clement]. Those who do not obey their bishops undoubtedly exist as guilty and reprobate. Moreover, those who gladly obey their teachers, who are rightly understood to be bishops, obtain from God the gift of the highest reward.

Likewise Anacletus, [epistle I]. Without doubt, he is scandalized against God who does not teach rightly, and he who scandalizes his bishop or priest.

Likewise Evaristus to all the Bishops. Deacons, who are seen to be, as it were, the eyes of the bishop, ought to be seven in each city. They are to guard the bishop as he preaches, lest he be harassed in any way by plotters, or be harmed by his own people, or the divine words be polluted or despised through detraction or plotting; but let the truth be fragrant with spiritual fervor, and let the peace preached by the lips accord with the will of the mind.

Likewise from the Council of Neocaesarea, [c. 14]. According to the rule there ought to be seven deacons, although the city be not great. But the authority of the rule is this: that the book of the Acts of the Apostles also indicates the same. Part III. GRATIAN. As is evident from the preceding authorities, deacons owe obedience to priests, just as priests also do to bishops. But deacons growing proud sought to be equated with priests, or rather to be preferred to them. Against their insolence the authorities of many issued forth, repressing their haughtiness and decreeing that they display fitting obedience to priests. Hence Pope Gelasius says, [in the epistle to the Bishops throughout Lucania, cc. 9 and 10]:

We establish that deacons observe their proper measure, nor do we permit them to attempt anything beyond the tenor assigned by the paternal canons, or to apply to their own ministry any of those things which antiquity properly decreed for the first orders. Let them not dare to baptize without a bishop or priest, unless perhaps, when the aforesaid orders are situated rather far away, extreme necessity compels them. This is also frequently conceded to Christian laymen to do. § 1. Let them not have the right to exercise the prerogative of the sacred body in the sight of a bishop or priest, unless these are absent.

Likewise in the Council of Nicaea, [c. 14, or 18]. It has come to the holy council that in certain places and cities deacons present the sacraments to priests. Neither rule nor custom has handed down that those who do not have the power of offering the sacrifice should present the body of Christ to those who offer it. But this also became known: that certain deacons even receive the sacraments before the bishops. Therefore let all these things be cut off, and let deacons remain within their measure, knowing that they are indeed the ministers of bishops, but are to be held inferior to priests. Therefore, in order after the priests, let them receive the grace of holy communion, with either the bishop or priest presenting it to them. Nor is a deacon permitted to sit in the midst of priests, because, if this occurs, it is proved to exist outside the rule. But if anyone after these determinations is unwilling to obey, he ought to cease from ministry.

Likewise from the Council of Laodicea, [c. 20]. A deacon ought not to sit in the presence of a priest, but let him sit at the priest’s command. Likewise, however, let the deacon have honor from those who follow, that is, from subdeacons and from all clerics.

Likewise from the same, [c. 25]. Deacons ought not to give the bread or bless the chalice.

Likewise from the [Fourth] Council of Carthage, in which Pope Zosimus participated through vicars, [c. 37]. Let deacons recognize that they are the ministers of the priest just as of the bishop.

[C. XVIII.] Likewise in the same, [c. 38]. In the presence of a priest, let a deacon, if necessity compels, distribute the Eucharist of the body of Christ to the people when commanded.

Likewise in the same, [cc. 39, 40, and 41]. Let a deacon sit at the command of a priest in any place. Likewise, in an assembly of priests let a deacon speak when questioned. But let him use an alb only at the time of the oblation and reading.

Likewise from the Fourth Council of Toledo, [c. 39]. Certain deacons erupt into such pride that they set themselves before priests and presume to stand first in the first choir, with the priests placed in the second choir. Therefore, so that they may acknowledge priests to be higher than themselves, let both these and those stand in both choirs. Part IV. GRATIAN. Deacons are not permitted to be shod with compagi without the permission of the Apostolic, just as any clerics are not conceded the use of mappulae without his authority. Hence Gregory to John, Bishop of Syracuse, [book VII, epistle 28, indiction I]:

It has come to us that a deacon of the church of Catania had presumed to proceed shod with compagi. You recall well that until now this has been permitted to no one throughout the whole of Sicily except only the deacons of the church of Messina, to whom it is not doubted that this was once conceded by our predecessors. Therefore, because the daring of so great a temerity is not to be regarded lightly, let your fraternity inquire into this with all subtlety, so that it may be made known to us precisely whether he presumed this through himself or by someone’s authority. For if we negligently omit those things which are evilly usurped, we open the way of transgression to others.

The same to John, Bishop of Ravenna, [book II, epistle 54, near the end]. But that which you wrote concerning the use of mappulae by your clergy has been vigorously opposed by our clerics. They say that this was never conceded to any other church whatsoever, that the clerics of Ravenna have not presumed any such thing either there or in the city of Rome with their knowledge, and that, if it had been attempted, no prejudice is generated for them from a furtive usurpation. Rather, even if this has been presumed in any church, they assert that what is presumed not by concession of the Roman Pontiff but by surreption alone is to be amended.

Likewise Jerome to Rusticus, Bishop of Narbonne. Part V. The deacons are those whom we read in the Apocalypse to be the seven angels of the churches; they are the seven golden lampstands; they are the voices of the thunders. § 1. Illustrious in the exercise of virtues, endowed with humility, peaceful, humble, evangelizing peace, announcing good things, cutting off dissensions, quarrels, and scandals, teaching, speaking with God alone, thinking nothing at all of the world in the temple, saying to father and mother, “We do not know you,” and not acknowledging their own sons. § 2. Without these a priest has the name but does not have the office. This one is called the minister of God, because it is written: “Greater is he who ministers than he to whom ministry is rendered.” And just as there is ministration in the priest, so in the minister there is administration of the sacrament. § 3. Even priests, because of presumption, are not permitted to lift the chalice from the table of the Lord unless it has been handed to them by the deacons. § 4. For our almighty God so disposed all things that one who believed himself greater would be lesser, and one who seemed lesser would prove to be greater. Finally, ponder for yourself how true this is. Levites prepare the table of the Lord; Levites stand by priests when they bless the sacraments; Levites pray before priests, so that, even if a distinction of places is believed to exist in the world, at the altar of God bishops who are proud may see deacons placed before them. If they love humility, let the deacons also recognize themselves to be greater in that they are humble. Then at last, that we may have ears directed toward God, the deacon cries out; he preaches, he exhorts, he admonishes while the priests stand by. Do not regard lightly or negligently this voice which speaks and announces peace. It suffices that so much was conceded to this order by the Lord, so that the priest may not seem to do and fulfill everything alone in the temple of God. And below: § 5. But now, from the time when avarice grew in the churches as in the Roman Empire, the law perished from the priest and vision from the prophet. Each one, through the power of the episcopal name which they unlawfully claimed for themselves without the Church, directs to his own uses everything which belongs to the Levites; and they claim for themselves not only that which was assigned, but take everything away from everyone. The unhappy clergy beg in the streets and, bound to servile work, ask public alms from anyone whatsoever. They are all the more despised by everyone because, wretchedly desolated, they are believed justly to have come to this disgrace. § 6. The bishop alone broods over the gifts; he alone uses the ministry; he alone claims all things for himself; he alone invades the shares of others; he alone kills everyone. § 7. Hence, because of the avarice of priests, hatreds often arise; hence bishops are accused by clerics; hence the beginning of litigation, hence the cause of detraction, hence the origin of crime. For if everyone in this visible world is commanded to possess something in such a way that he is content with his own possession alone and does not invade the property of others, does not take the field of a poor man, nor a vineyard, nor any beast of burden, nor servants, nor fruit, how much more ought one who presides over the Church of God so to preserve justice in all things that he claim for himself what he knows to be of his own right, not seize another’s things, not touch another’s things, make himself equal to the others, and, just as he does not live without them in ministry, so not live without them in administration? § 8. Certainly, as you yourself know, one who visibly invades another’s right in this world is accused by the poor man and condemned by the judge. Thus in the Church of God, when anyone loses his stipends, he cries to the Lord and is heard by Christ, nor is the sentence of vengeance deferred if all things are not settled. For the moderation and piety of God seek only our return and desire that we be saved by his long goodness. If we are not converted, if we are stiff-necked, if we unlawfully persist in sins until death, God does not have mercy upon those who sin continually. Part VI. GRATIAN. In this chapter the avarice of priests is reproved, while the dignity or office of deacons is commended. But because, as was said above, deacons growing insolent thought that they should even be preferred to priests, Jerome writes against their haughtiness to the priest Evangelus, [epistle LXXXV]:

We read in Isaiah: “The foolish man speaks foolish things.” I hear that someone has erupted into such madness that he placed deacons before priests, that is, bishops. For since the Apostle clearly teaches that those who are bishops are the same as priests, what ails the minister of tables and widows that, swollen with pride, he raises himself above those by whose prayers the body and blood of Christ are confected? Do you seek authority? Hear the testimony: “Paul and Timothy, servants of Jesus Christ, to all the saints who are at Philippi, with the bishops and deacons.” Do you wish another example also? In the Acts of the Apostles Paul speaks thus to the priests of one church: “Take heed to yourselves and to the whole flock, in which the Holy Spirit has placed you as bishops to govern the Church of God, which he acquired by his blood.” And lest anyone contentiously maintain that there were several bishops in one church, let him hear another testimony in which it is most manifestly declared and proved that the bishop and priest are the same: “For this reason I left you in Crete, that you might correct the things that were lacking and appoint priests throughout the cities, as I commanded you: if anyone is without crime, the husband of one wife, having faithful children, not under accusation of luxury or insubordinate. For a bishop must be without crime, as a steward of God.” And to Timothy: “Do not neglect the grace which was given to you through prophecy and through the imposition of the hands of the presbyterate.” Peter also says in his first epistle: “I, a fellow priest and witness of the sufferings of Christ, and a participant in the future glory which is to be revealed, beseech the priests who are among you: govern the flock of Christ and exercise oversight, not from necessity but willingly according to God.” This indeed is said more significantly in Greek, episkopountes, whence the name of bishop is also drawn. Do the testimonies of so many great men seem small to you? Let the trumpet of the Gospel sound, the son of thunder whom Jesus loved exceedingly, who drank the streams of doctrines from the breast of the Savior: “The priest to the elect lady and her children, whom I love in truth.” And in another epistle: “The priest to the most beloved Gaius, whom I love in truth.” § 1. But the fact that afterward one was elected to be set over the others was done as a remedy for schism, lest each person, drawing the Church of Christ to himself, rupture it. For even at Alexandria, from Mark the Evangelist down to the bishops Heraclas and Dionysius, the priests always elected one from among themselves and placed him in a higher grade, whom they called bishop, just as if an army were to make an emperor. But let the deacons choose from among themselves one whom they know to be industrious and call him archdeacon. For what, except ordination, does a bishop do which a priest does not do? Nor is the church of the city of Rome to be judged one thing and that of the whole world another. Both Gaul and Britain and Africa and Persia and the East and India and all the barbarian nations adore one Christ and observe one rule of truth. If authority is sought, the world is greater than the city. Wherever a bishop may be, whether at Rome, or at Gubbio, or at Constantinople, or at Reggio, or at Alexandria, or at Tanis, he is of the same merit and also of the same priesthood. The power of riches and the humility of poverty make no bishop either higher or lower; moreover, all are successors of the Apostles. § 2. But you say: How at Rome is a priest ordained upon the testimony of a deacon? Why do you bring forward to me the custom of one city? Why do you claim as laws of the Church the small number from which haughtiness arose? Everything that is rare is sought more. Among the Indians, pennyroyal is more precious than pepper. Scarcity makes deacons honorable; a multitude makes priests contemptible. Moreover, even in the church at Rome priests sit and deacons stand, although, as vices gradually multiply, in the bishop’s absence we see deacons sitting among priests and giving blessings in the presence of priests at domestic banquets. Let those who do this learn that they do not act rightly; let them hear the Apostles: “It is not fitting that, leaving the word of God, we minister to tables.” Let deacons know why they were established. Let them read the Acts of the Apostles; let them remember their condition. Priest and bishop: the one is a name of age, the other of dignity. Hence to Titus and Timothy there is speech concerning the ordination of a bishop and a deacon; concerning priests there is complete silence, because they are contained in the bishop and priest. One who is promoted is promoted from the lesser to the greater. Therefore either let a deacon be ordained from a priest, so that he may be proved greater than the priest, into which he grows from being lesser; or, if a priest is ordained from a deacon, let him know that he is greater than laymen but lesser than priests.

Likewise Cyprian, [book of epistles, 9]. Our Lord Jesus Christ, our king and judge and lord, preserved honor for pontiffs and priests until the day of his Passion, although they preserved neither the fear of God nor recognition of Christ. For when he had cleansed the leper, he said to him: “Go and show yourself to the priests, and offer the gift.” The humble one taught us humility, still calling him a priest whom he knew to be sacrilegious. Likewise, subjected to suffering, when he had received a slap and it was said to him, “Do you answer the pontiff thus?” he spoke nothing insultingly against the person of the pontiff, but rather defended his innocence in this manner, saying: “If I have spoken badly, bear witness concerning the evil; but if well, why do you strike me?” All these things were done by him humbly and patiently so that we might have an example of humility and patience. For he taught that true priests are lawfully and fully to be honored, since he himself proved such toward false priests. § 1. But deacons ought to remember that the Lord chose the Apostles, that is, bishops and priests, while after the Lord’s ascension into heaven the Apostles appointed deacons for themselves as ministers of their episcopate and of the Church. If we can dare anything against God, who makes bishops, then deacons, who are made by us, can also dare against us. Part VII. GRATIAN. But what is said concerning the inferiority of deacons is to be observed everywhere, unless a deacon holds the place either of his own patriarch or of his metropolitan. Hence it reads in the Sixth Synod, [c. 7]:

We command that a deacon, although he be even in a dignity, that is, in any ecclesiastical office, not sit before a priest unless he holds the place of his own patriarch or metropolitan for some matter; for then he will be honored as holding that man’s place. But if anyone presumes tyrannically to do this, let him be driven from his own grade and become last of all in his order.