appendix — Palmieri, On Christian Marriage
Appendix: Conspectus of the Decrees and Ecclesiastical Canons in the Matter of Marriage from the First Centuries of the Church Down to the Year 1215
Monitum
When I was writing this treatise on Marriage, it was necessary for me to search out the decrees and canons of the Church concerning this matter, and to prepare for my studies a not inconsiderable collection of them. But when the treatise had been completed, the thought occurred to me that I would do something not unwelcome to readers if I communicated to them the collection of the same decrees and canons, also enlarged and, so far as it could be done for my part, made complete. For through it the very history both of the dogma and of the discipline is almost placed before the eyes and is contained in a few things. But the decrees which are contained concerning this same matter in the divinely inspired books, although they also especially pertain here, nevertheless, because they are both known to all and had been treated at length in the Treatise, and claim for themselves a certain special order, I did not wish to review here, but to set forth only canons proceeding from the Church. Yet while I was considering this, I perceived at the same time that some limits had to be fixed, beyond which this series would not run, lest I should force things not very useful upon unwilling readers and create weariness for them. Therefore I judged that a stop should be made at the ecumenical Council of Innocent III; for thenceforth the Decretals of Gregory IX and the other subsequent collections of canons or decrees will easily teach you what the Church has established concerning marriages. In collecting the canons I kept this before my eyes: that I should pass over none which had any relation with doctrine or discipline concerning Marriage. Wherefore I have also copied canons which exclude bigamists from the priesthood and which interdict the use of marriage to those who have been constituted in sacred order. But when canons of this sort had been enumerated down to a certain age, I judged that thereafter one must abstain from them, unless when the law of the Church invalidating nuptials because of sacred order appeared more manifest. Nor did I judge that one should act in an unlike manner concerning the canons which reprove the nuptials of virgins dedicated to God or of monks.
But because this conspectus pertains to this, that the right of the Church in this matter may be set before the eyes, not only the canons of Councils but especially the decrees of the Roman See had to be recalled by me; for it is the fount and origin of every right in the Church, just as it is the infallible teacher of truth. Surely the decrees of this Holy See are to be received with such pious faith by the children of Mother Church and venerated "that they are admitted by them without any scruple as the rule of the canons," as Alexander II wrote to Philip, King of the Franks. Yet everyone understands that there was no need for us to collect all the responses of the Roman Pontiffs, which frequently are nothing but the application of a law already known.
The canons which are copied almost all pertain to particular Synods. Wherefore it is necessary above all to note that these are fallible, and that individual Synods, according to the diversity of things, persons, and places, could deservedly have made diverse laws in those matters which had not yet been defined by force of supreme authority. Yet since the Spirit who governs the Church is one, you will finally see all things, sweetly and little by little, the Roman See above all putting forward the norm, recalled to harmony and unity. Besides the canons of provincial synods I have also published the canons of certain diocesan synods, or the decrees of some Bishop, because I judged that they were of value for bringing light to the others. For the same reason I have recited certain Capitularies of the Franks, which represent the mind and practice of that age. I have also, from time to time, appended notes, generally very brief, beneath the canons or decrees, by which I might make their interpretation clearer for students of theology, and might indicate the comparison to be instituted with other things. For I profess that I have written this work, such as it is, not for learned men, but for those young men who give their labor to theology; if it is going to bring them any utility, I shall congratulate myself not a little for the labor spent.
Within this division
- From the Canons of the Apostles, in the First Three Centuries of the Church
- Decree of Callistus, Roman Pontiff (A.D. 218-222), from the *Philosophumena*, Book IX, Chapter 12
- From the Council of Elvira, in the Province of Baetica, A.D. 305
- From the Council of Arles, A.D. 314
- From the Council of Ancyra, A.D. 314
- From the Council of Neocaesarea, in Cappadocia, 314-324
- From the Council of Nicaea, A.D. 325
- From the Council of Carthage, A.D. 348
- From the Council of Laodicea, in Phrygia, 343-381
- From the Council of Gangra, about A.D. 350
- From the Council of Valence, in Gaul, 374
- From the Canons of St. Basil, in the Letters to Amphilochius, A.D. 374-75
- From the Council of Saragossa, in Spain, A.D. 380
- From the Responses of Timothy, Bishop of Alexandria, A.D. 380-385
- From the Responses of Theophilus, Bishop of Alexandria, A.D. 385-412
- From the Decretal Letter of Siricius, to Himerius of Tarragona, A.D. 384
- From the Synodal Letter of the Same, to the African Bishops, A.D. 386
- From the Synodal Letter of the Same, to the Church of Milan, A.D. 390
- From the Synodal Letter of the Same, to the Gauls (cf. P. Coustant, Letters of the Roman Pontiffs)
- From the Council of Carthage, A.D. 390
- From the Council of Hippo, A.D. 393
- From the Council of Carthage, A.D. 398
- From the Council of Turin, A.D. 401
- From the Council of Carthage, under Aurelius, A.D. 401
- From the Council of Toledo, A.D. 400
- From the Decretal Letter of Innocent I, to Victricius, Bishop of Rouen, A.D. 404
- From the Decretal Letter of the Same, to Exuperius, Bishop of Toulouse, A.D. 405
- From the Letter of the Same, to Probus
- From the Carthaginian or African Council, A.D. 407
- From the Council of Orange, A.D. 441
- From the Spanish Council, celebrated by the Bishops of Tarragona and Cartagena, and by the Lusitanians and Baeticans, A.D. 445
- From the Letter of Leo, to Turibius, Bishop of Astorga, 447
- From the Synod of St. Patrick, in Ireland, About A.D. 450
- From Another Synod of the Same, in Ireland, in an Uncertain Year
- From the Council of Chalcedon, A.D. 451
- From the Council of Arles, A.D. 443 or 452
- From the Council of Angers, A.D. 453
- From the Letter of Leo, to Rusticus, Bishop of Narbonne, A.D. 458 or 459
- From the Letter of Leo, to Nicetas, Bishop of Aquileia, A.D. 458
- From the Council of Tours, A.D. 461
- From the Council of Vannes, about A.D. 465
- From the Letter of Gelasius, to the Bishops of Lucania, A.D. 494
- From the Council of Agde, over Which Caesarius of Arles Presided, A.D. 506
- From the Council of Orleans, A.D. 511
- From the Decretal Letter of Symmachus, to Caesarius, Bishop of Arles, A.D. 513
- From the Council of Girona, in the Province of Tarragona, A.D. 517
- From the Council of Epaon, A.D. 517
- From the Council of Lyons, or Held Elsewhere in Burgundy (cf. Anton. Pagi at the Year of Christ 517), in the Cause of a Certain Stephen, about A.D. 517
- From the Council of Lleida, in Tarraconian Spain, A.D. 524
- From the Council of Toledo, A.D. 527 or 531
- From the Council of Orleans, A.D. 533
- From the Council of Auvergne, A.D. 535
- From the Epistle of Vigilius, to Caesarius, Bishop of Arles, A.D. 538
- From the Council of Orleans, A.D. 538
- From the Council of Orleans, A.D. 541
- From the Council of Orleans, A.D. 549
- From the Council of Paris, about A.D. 557
- From the Capitularies of the Franks
- From the Council of Braga, A.D. 563
- From the Council of Tours, A.D. 567
- From the Council of Macon, A.D. 581
- From the Council of Lyons, A.D. 583
- From the Council of Macon, A.D. 585
- From the Council of Toledo, A.D. 589
- From the Diocesan Synod of Auxerre, A.D. 590
- From the Epistle of St. Gregory the Great, to Augustine, Bishop of the English (Epistles, Book XI, Epistle LXIV), A.D. 601
- From the Epistle of the Same, to Felix of Messina (Epistles, Book XIV, Epistle 17), A.D. 604
- From the Council of Barcelona, A.D. 599
- From the Council of Paris, A.D. 615
- From the Council of Reims, about A.D. 625
- From the Council of Toledo, A.D. 633
- From the Council of Toledo, A.D. 638
- From the Council of Toledo, A.D. 655
- From the Council of Nantes, A.D. 658
- From the Council of Hertford, in England, under Theodore, Bishop of Canterbury, A.D. 673
- From the Council of Toledo, A.D. 681
- From the Council of Toledo, A.D. 683
- From the Capitular of Gregory II, Given to Martinianus the Bishop and Gregory the Presbyter, Delegates to Bavaria, A.D. 721
- From the Roman Council of the Same Gregory II, A.D. 721
- From the Epistle of the Same Gregory II, to Boniface, A.D. 726
- From the Epistle of Gregory III, to Boniface, A.D. 731
- From the Epistle of Zacharias, Roman Pontiff, to Pepin, Mayor of the Palace, the Bishops, Abbots, and Nobles of the Franks, A.D. 747
- From the Epistle of the Same, to Theodore, Bishop of Pavia
- Another Text of the Same Zacharias
- From the Roman Council under the Same Zacharias, A.D. 743
- From the Council of Soissons, whose Decrees Were Published Also with the Consent of Prince Pepin and by the Counsel of the Nobles of the Franks, as Is Said in Chapter X, A.D. 744
- From the Council of Leptines, with Boniface and Two Others, Legates of the Apostolic See, Presiding, A.D. 745
- From the General Synod in the Province of the Franks, At Which Boniface, Legate of the Apostolic See, Was Present, Which Perhaps Is the Same as the Synod of Leptines (cf. Hefele, Work Cited, at A.D. 745), Said to Have Been Held about A.D. 745
- From the Statutes of St. Boniface, (From the Spicilegium Dacherianum, Tom. IX) after A.D. 751
- From the Council of Vermerie, celebrated at the Palace of Vermerie, in the Presence of King Pepin, A.D. 753
- From the Responses of Stephen III, Otherwise II, which, While Dwelling in Francia, He Gave to the Britannic or Britennac Monastery to Various Consultations (Jac. Sirmondus Edited Them from a Laudensian Manuscript), A.D. 754
- From the Synod of Verneuil, Before King Pepin, A.D. 755
- From the Synodal Chapters, Given After the Preceding Synod in the City of Metz Under King Pepin
- From the Council of Compiegne, celebrated in a General Assembly of the People, A.D. 756
- From the Epistle of Stephen IV, Otherwise III, to Charles and Carloman, Kings, A.D. 770
- From the Synod of Dingolfing, in Bavaria, A.D. 769-771
- From the Council of Calchuth, celebrated in England, in the Presence of Legates of the Apostolic See, to Which King Alfwold Also Subscribed, A.D. 787
- From the Aachen Capitular of Charles the Great, A.D. 789
- From the Council of Friuli, A.D. 796
- From the Council of Arles, A.D. 813
- From the Council of Mainz, A.D. 813
- From the Second Council of Chalon, A.D. 813
- From the Capitular of Aito, Bishop of Basel, About A.D. 822
- From the Roman Synod of Eugene II, A.D. 826
- From the Constitutions of St. Nicephorus, Bishop of Constantinople, who Died A.D. 828
- From the Council of Verneuil, A.D. 844
- From the Council of Meaux and Paris, A.D. 845-46
- In the Collection of Capitularies of Benedict the Levite, By Order of Otgar, Archbishop of Mainz, A.D. 845, There Exists, Book III, Under n. 179, This Decree in This Manner
- From the Decretal Epistle of Leo IV, to the Bishops of Britain, A.D. 847
- From the Capitularies of Benedict the Levite, Book III, Capitulum 463, Has Thus
- From the Council of Mainz, under Rabanus, A.D. 847
- From the Council of Pavia, A.D. 850
- From the Assembly of Mainz, Of Several Bishops, Rabanus Presiding, Under Louis, King of Germany, A.D. 851
- From the Council of Toul, At Tusey, A.D. 860
- From the Epistle of Nicholas I, to Ado, Archbishop of Vienne, A.D. 862
- From the Epistle of the Same Nicholas I, to the Bishops of Germany Who Had Assembled at the Council of Mainz, A.D. 863
- From the Epistle of the Same Nicholas, to Charles, Archbishop of the Church of Mainz, A.D. 863
- From the Epistle of the Same Nicholas, to Rodulph, Archbishop of Bourges, A.D. 864
- From the Epistle of the Same Nicholas, to Harduic, Archbishop of Besancon, A.D. 865
- From the Responses of the Same Nicholas, to the Bulgarians, A.D. 866
- From the Epistle of the Same Nicholas, to Salomon, Bishop of Constance, A.D. 867
- From the Council of Worms, A.D. 868
- From the Council of Douzy, A.D. 874
- From the Epistle of John VIII, to Edered, Archbishop of the English, A.D. 877
- From the Epistle of the Same John VIII, to Anselm, Bishop of Limoges, A.D. 879
- From the Epistle of the Same John VIII, to Airard, Archbishop of Auch, and His Suffragans, A.D. 879
- From the Council of Mainz, A.D. 888
- From the Council of Tribur, A.D. 895
- From the Council of Koblenz, A.D. 922
- From the Laws of the Presbyters of Northumbria, in What Year Indeed They Were Published Is Uncertain, But They Are Placed by the Collectors of Councils Toward the End of the Tenth Century
- From the Roman Council of Gregory V, A.D. 998
- From the Council of Troyes, A.D. 1007
- From the Epistle of Paschal II, to Bonus Senior, Bishop of Reggio, A.D. 1100-15
- From the Council of Salegunstadt or Mainz, celebrated by Aribo, Archbishop of the See of Mainz, A.D. 1022
- From the Council of Bourges, A.D. 1031
- From the Council of Enham, celebrated by the Bishops Together with the Nobles of England, A.D. 1009
- From the Council of Compostela, A.D. 1056
- From the Roman Council of Nicholas II, A.D. 1059
- From the Council of Tours, with the Apostolic Legate Presiding, A.D. 1060
- From the Epistle of Alexander II, to the Clerics of Naples: How the Degrees of Consanguinity Are to Be Computed, A.D. 1061-73
- From the Epistle of the Same Alexander II, Responding to the Questions of a Certain Bishop, A.D. 1061-73
- From the Epistle of Alexander II, to William of Monasteriolum (from Ivo, Part IX, c. 82)
- From the Roman Council of Alexander II, A.D. 1065
- From the Council of Girona, in Spain, A.D. 1068
- From the Council of Rouen, A.D. 1072
- From Certain Canons, which Follow Without Title After the Canons of the Council of Rouen, A.D. 1074
- From the Council of London, Lanfranc of Canterbury Presiding, A.D. 1075
- From the Council of Girona, with the Legate of the Apostolic See Presiding, A.D. 1078
- From the Epistle of Gregory VII, to the Bishops of Asti, Turin, and Acqui, A.D. 1079
- From the Council of Lillebonne, celebrated by William, King of the English, with the Bishops and Nobles of Normandy, A.D. 1080
- From the Council of Benevento, Urban II Presiding, A.D. 1091
- From the Council of Troia, Urban II Presiding, A.D. 1093
- From the Council of Szabolcs, in Hungary, A.D. 1092
- From the Council of Nimes, Over Which Urban II Presided, A.D. 1096
- From the Council of London Celebrated by Anselm, A.D. 1102
- From the Council of Toulouse, Callistus II Presiding, A.D. 1119
- From the First Lateran Council, Ecumenical, A.D. 1123
- From the Council of London, The Legate of the Apostolic See Presiding, A.D. 1125
- From the Second Lateran Council, Ecumenical, A.D. 1139
- From the Council of Cashel, in Ireland, the Apostolic Legate Presiding, A.D. 1172
- From the Council of Avranches, in Normandy, Legates of the Apostolic See Presiding, A.D. 1172
- From the Council of London, A.D. 1175
- From the Decree of Lucius III, Issued in the Council of Verona, A.D. 1184
- From the Collection of Decrees, Of the Supreme Pontiffs, the Greatest Part of Which Is Ascribed to Alexander III; Which Collection Therefore Is Usually Subjoined, after the Manner of an Appendix, to the Third Lateran Council
- From the Title On the Married and the Betrothed
- From the Title On Betrothals and Marriage
- From the Title On Joining Children Born before or after Spiritual Co-parenthood
- From the Title On Betrothals, Second
- From the Synodal Constitutions of Odo, Bishop of Paris, A.D. 1198
- From the Council in Dalmatia, Legates of the Apostolic See Presiding, A.D. 1199
- From the Council of London or Westminster, A.D. 1200
- From the Constitutions of William, Bishop of Paris, A.D. 1208
- From the Fourth Lateran Council under Innocent III, A.D. 1215