document — Palmieri, On Christian Marriage

From the Council of Arles, A.D. 314

¶865.

No mention is made of this canon and the following in the synodal letter to Silvester; yet Sirmond teaches in the preface to volume I of the Councils of Gaul that that letter is mutilated.

¶866.

Canon X. Concerning those who detect their wives in adultery, and the same are young believers and are prohibited (Petavius suggests that it should be read: are not prohibited, because of the ἀκολουθίαν of the discourse) from marrying, it pleased the council that, so far as can be, counsel be given to them that while their wives are living, though adulterous, they not take others.

¶867.

The Fathers wish that one act with these young men by counsel and persuasions rather than by threats, so that they may be deterred by a gentler way from that which they are prohibited by Christian law from doing. For the Fathers expressly affirm that it is prohibited. Therefore the canon tends to this: that it teach Priests how they ought to conduct themselves in these circumstances. Petavius indeed (in the notes to Epiphanius, heresy LIX) suggested, beyond the faith of the codices, another reading, that is, "are not prohibited from marrying," and that because of the ἀκολουθίαν of the discourse. Yet it is evident from what has just been said that this arbitrary emendation is not demanded by it. For the rest, if the Caesarean prohibition is understood, which certainly was lacking, by that very fact the intention of the Fathers in this canon, which we have proposed, betrays itself. But if the divine prohibition did not exist, there was no place for counsel.

¶868.

From a certain Lucensian manuscript Mansi brought forward other canons besides the twenty-two authentic ones of this synod; yet he himself judges that they pertain to another synod of Arles. From these doubtful canons the first corresponds to the eighth legitimate canon, and it has itself thus:

¶869.

It pleased the council that, so far as can be, it be inhibited to a man that it should be lawful, after dismissing his wife while she lives, to marry another over her. But whoever has done this will be alien from Catholic communion.

¶870.

Canon XI. Concerning believing girls who are joined to Gentiles, it pleased the council that they be separated from communion for some time.