document — Palmieri, On Christian Marriage

From the Council of Agde, over Which Caesarius of Arles Presided, A.D. 506

¶1104.

Canon I. It pleased the council concerning bigamists or husbands of women whose marriage has been interrupted that, although the statutes of the fathers have decreed otherwise, those who have been ordained up to this time, compassion having been had, retain only the name of the presbyterate or diaconate; but such deacons are not to presume the office of a presbyter in consecrating and ministering.

¶1105.

Canon IX. It also pleased the council that if married deacons or presbyters wish to return to the bed of their wives, the ordinance of Pope Innocent and the authority of Bishop Siricius be preserved.

¶1106.

Canon XVI. If married young men have consented to be ordained, the will of their wives is also to be sought in such a way that, the room of dwelling being separated, religion having first been undertaken, after they have alike been converted, they may be ordained.

¶1107.

Cf. above the cited Canon II of the second Council of Arles. The husband was converted by reception of orders, the wife by the solemn vow of chastity.

¶1108.

Canon XIX. Nuns, however much their life and morals have been approved, are not to be veiled before the fortieth year of their age.

¶1109.

Cf. the cited canon of the Council of Saragossa.

¶1110.

Canon XXV. Those secular men who, by graver fault, dismiss or even have dismissed conjugal society, and, proposing no probable causes of dissension, therefore dismiss their marriages so that they may presume illicit or other men's unions, if before they have stated the causes of dissension before the bishops of the province, and before their wives are condemned by judgment, they have cast them off, let them be excluded from the communion of the Church and from the holy assembly of the people, because they stain faith and marriages.

¶1111.

The speech is about simple dismissal, that is, separation made without ecclesiastical authority, which certain men were attempting so that they might more conveniently be free for illicit unions even with others. Yet it was not necessary to declare more openly that these things, even when separation had been legitimately made, were not lawful for them. Cf. Canon II of the Council of Vannes above.

¶1112.

Canon LXI. (This canon seems to have been added to the canons of this council from the Council of Epaon, A.D. 517. The Synod of Cologne in A.D. 887 cites this canon from the Synod of Agde and confirms it.) Concerning incestuous unions we reserve absolutely nothing of pardon unless they have healed the adultery by separation. But those incestuous persons whom it is even deadly to designate, and who are to be counted by no name of marriage, we judge to be these. If anyone has polluted by carnal union the widow of his brother, who almost before had been a sister (cf. Canon II of Neocaesarea); if any brother has received the sister of his wife (cf. Canon LXI of Elvira, Decree XII of Siricius in the letter to the Gauls, and Canon XXVIII of Basil); if anyone has married his stepmother (cf. 1 Cor. V, 1, and Canon XXIII of Basil); if anyone has associated himself to a female cousin; if anyone is mixed with the widow or daughter of a maternal uncle (cf. the decree of Siricius in the same place, XIV), or the daughter of a paternal uncle, or with his stepdaughter (cf. Canon LXVI of Elvira), or he who has polluted by intercourse someone from his own consanguinity, or her whom a blood-relative had, or has married her as wife ... which we prohibit at the present time in such a way that we do not dissolve those things which have been instituted up to now.

¶1113.

Cf. Canon IV of the second Council of Toledo below. Gratian, causa 35, question 3, canon 8, in place of the words, "if any brother has received the sister of his wife," reads: "if any brother has received his own sister as wife," which he seized upon in support of his own opinion; Schmalzg., book IV, title 14, n. 47. You see that no certain norm is handed down here for recognizing the limits of consanguinity and affinity, but that the norm itself, already known from elsewhere, is rather supposed. You see likewise that affinity is extended as far as consanguinity.

¶1114.

Canon LXVII. It is not fitting to mingle marriages with all heretics and either to give sons or daughters, but rather to receive, if nevertheless they profess that they are going to be Christians and Catholics.