document — Palmieri, On Christian Marriage

From the Council of Orleans, A.D. 538

¶1153.

Canon VII. Clerics who, when they did not have wives, after the blessing had been received (that is, after ordination), believed that marriages should be chosen, who, willing and without any protest, were ordained at a legitimate age, shall be struck with excommunication together with the women themselves whom they have accepted. But if someone was ordained unwillingly or protesting, let him indeed be deposed from office, but not driven from communion ... But concerning the adulteries of honored clerics this is to be observed: that if anyone has either confessed that he has committed adultery or has been convicted, having been deposed from office, with communion granted, let him be shut up in a monastery for the whole time of his life.

¶1154.

The clerics about whom the discourse is in the first place are not all indiscriminately to be understood, but those who have been constituted in sacred orders; for only to these can marriage be forbidden under penalty of excommunication. But honored clerics are clerics placed in some ecclesiastical dignity. It is not sufficiently clear from the words of this canon whether these Fathers judged the marriage contracted by those clerics to be null.

¶1155.

Canon X. Concerning incestuous unions, let those things which have been established be kept in such a way that for those who either now come to baptism or to whom the statutes of the Fathers have not previously come to notice by priestly preaching, we believe that counsel should be given because of the newness of their conversion and faith, so that contracted unions of this sort up to now not be dissolved; but in future, that which has been forbidden concerning incestuous unions in the earlier canons is to be observed: that is, that no one shall presume to associate to himself under the name of marriage the widow of his father (that is, she who was his stepmother), the daughter of his wife (whom she, namely, had had from another husband, his stepdaughter), the widow of his brother, the sister of his wife, a female cousin or cousin's daughter, the widow of a maternal or paternal uncle. But if any have been associated in this incestuous adultery rather than in marriage, so long as they have not separated themselves, let them be repelled from ecclesiastical communion.

¶1156.

Cf. Canon XII of the Council of Auvergne. You see here also that the bishops were concerned nothing about the civil law, and had regard only to priestly preaching; so that to those who had been ignorant of it, or who were newly converted to the faith, they permitted the marriages already entered to stand, some of which were also prohibited by Roman law.

¶1157.

Canon XVI. Concerning the abductors of consecrated virgins or of those living in the purpose under devotion, we establish that if anyone has presumed to inflict force upon a consecrated or devoted woman, that is, one who has professed religion, let him be repelled from ecclesiastical communion even to his departure, the viaticum alone being reserved to him in the peril of infirmity. But if she who is said to have been abducted has consented to live with her abductor, let her herself also be struck with a similar excommunication. This form also is to be preserved under ecclesiastical discipline concerning penitents and widows remaining in the purpose.