Opening
SEC. 222. Synod at Agde (Agatha), A.D. 506.
Of greater importance is the Concilium Agathense, which was celebrated at Agde in South Gaul, near the shore of the Mediterranean Sea, in the province of Languedoc, in September 506. There were thirty-five bishops present, and thirty-four subscribed.1 At their head, as is shown by the subscription, stood Archbishop Caesarius of Aries, and in a short preface to the canons the bishops state that they had met in S. Andrew's Church at Agde with the permission of the West Gothic (Arian) King Alaric, in order to take counsel on discipline, on the ordination of clergy and bishops, and on matters useful to the Church.2 In the Collections of the Councils there are ordinarily seventy-one canons of this Synod published, which were regarded as genuine by Gratian, and which he received almost in their complete form into his Decretum. Besides, we find both in his works and in the older collections of Burchard of Worms and Ivo of Chartres, some other canons ascribed to this Synod.3 But it was pointed out by Sirmond that only forty-seven belong to it ; all the others are lacking in the oldest manuscripts of the Conciliar Acts, and proceed from other Synods, although they were at an early period placed among the canons of Agde.4 The fortyseven genuine canons have the following content : —
I. After the reading of the earlier ordinances, De digamis non ordinandis, particularly of the 1st canon of the Synod of Valence, A.D. 374 (see vol. ii. p. 289), the Council softened the ancient harshness to the extent that those Bigami or husbands of widows who had already been ordained, should retain the title (dignity) of the presbyterate and diaconate, but that such priests should not consecrate (say Mass), and such deacons should not serve (at the altar).
1 Remi Ceillier, Hisloire des auteurs sacrte, etc., t. xv. p. 656, gives erroneously eighty-four.
2 Mansi, t. viii. p. 323 ; Hardouin, t. ii. p. 997 ; Sirmond, Concilia Oallise, t. i. p. 161.
3 Mansi, I.e. p. 338 sqq.
4 Of. Sirmond, Concilia Gallix, t. i. p. 170 ; Mansi, I.e. pp. 333 and 340, nota 6 ; Hardouin, t. ii. p. 1003, note after can. 47 ; Eemi Ceillier, I.e. p. 656 sq.
SYNOD AT AGDE (AGATHA), A.D. 50G. 77
2
2. Disobedient clerics were to be punished by the bishop. If any among them should presumptuously despise the communion (of the bishop), not attend the church, and not fulfil their office, the peregrina communio should be given to them until they return. Remi Ceillier (I.e. p. 657), under reference to the dissertation of Jacobus Dominicus, De communione peregrina, explains this expression thus : They were, like strange clergy, to communicate after the rest of the clergy, but before the laity. This explanation, however, is incorrect. The true meaning is recognised by Aubespine, and after him by Bingham, who has written a whole dissertation on this term.1 They remark that just as strangers, even when they have no letters of peace, were yet provided with all that was necessary, and were received into the communio benignitatis, but not to the communio altaris? so they dealt temporarily with disobedient clerics, in order to reform them, and that this temporary exclusion from the church was a much slighter punishment than the permanent removal into communio laicalis? The same explanation is given by Bohmer in his edition of the Corpus jur. can. in the note to c. 21, Dist. 50, where we find our canon of Gratian adduced.
3
3. If a bishop has excommunicated anyone who is innocent, or who has committed only a very slight fault, the neighbouring bishops should advise him ; and if he does not comply, they should not, at the next Synod, deny the communion to the excommunicated person, so that he may not through the fault of others die without this. (In the old collection of Church ordinances of Burchard, the end of this canon runs as follows : " If the bishop will not follow his colleagues, they shall exclude him from their communion until the next Synod.") In the Corpus jur. can. our canon is c. 8, Causa xi. q. 3.
4
4. Clerics and laymen who take back presents made to the Church or to a monastery by their ancestors or themselves,
1 Origines, etc., t. viii. p. 27 sqq., t. ii. p. 200 [Bk. v. c. 1, S. 3 ; xv. c. 5 ; xvii. c. 2].
2 See vol. i. p. 471; Apost. Canon. 34.
3 In this sense communio peregrina is used also in c. 3 of the Synod of Eiez (vol. iii.), and in c. 16 of the Synod of Lerida, A.D. 524. See below, sec. 237.
shall be excommunicated as murderers of the poor. See above, sec. 220 ; cf. c. 11, C. xiii. q. 2.
5
5. If a cleric has stolen anything from the church, he shall be removed into communio pcrigrina (cf. c. 2). In the Corpus jur. can. this canon is united with the previous one as c. 11, C. xiii. q. 2.
6
6. What is left or presented to a bishop, whether to him and the Church alike or to him alone, belongs, not to the bishop as personal property, but is the property of the Church ; for the giver meant to care for the salvation of his soul, not for the use of the bishop. Justice also requires that, as the bishop enjoys that which is bequeathed to the Church, so the Church should have what is presented to the bishop. If, however, anything is left in trust to the bishop or to the Church, with the intention of its coming afterwards to another, the Church must not retain this as property, cf. c. 3, C. xii. q. 3. This canon was repeated in c. 20 of the Synod of Eeims, A.D. 625.
7
7. No bishop shall alienate the buildings, slaves, or furniture belonging to the Church, because they are the property of the poor. In case of its being necessary, however, to give anything, in the interest of the Church, for sale or for usufruct, this can be done only with the consent and subscription of two or three neighbouring comprovincial bishops. Moreover, if a bishop grants their liberty to any slaves who have made themselves deserving of it, his successors must respect this act, and must also leave them that which his predecessor had presented to them in fields, vineyards, and dwelling, only that it must not exceed twenty solidi in value. If what was given is worth more, the excess must be restored after the death of the emancipator. Insignificant and less useful goods of the Church may be given to strangers and clerics for usufruct, with reservation of the Church's right of possession. Cf. c. 1, C. x. q. 2.
8
8. If a cleric leaves his office and has recourse to a secular judge on account of (ecclesiastical) punishment (i.e. to escape it), then he and the judge who admits him shall be excommunicated. Cf. c. 1,0. xxi. q. 5.
9
9. If married deacons or priests wish to return to the
SYNOD AT AGDE (AGATHA), A.D. 500. 79
nuptial couch, the ordinances of Popes Innocent and Siricius shall apply. For this reason the Ordinatio Innoccntii, which also includes the older ordinance of Siricius, was appended to this canon. Both require that such incontinent clerics shall be deprived of all ecclesiastical dignities and offices. Only those who did not know that the continuance of marital intercourse was forbidden, may be allowed to retain their office, if they abstain for the future.
10
10. A cleric must not visit strange women nor have them in his house ; and he must live only with his mother, or sister, or daughter, or niece.
11
11. Female slaves also and freedwomen must be removed from the service and from the house of a cleric.
12
12. All members of the Church must fast daily during Lent, even on Saturdays, Sundays alone being excepted. Of. c. 9, De Consecrat. Dist. iii.
13
13. In all churches the sacrament of baptism is to be administered to the candidates on the same day, namely, eight days before Easter. Cf. c. 56, De Consecrat. Dist. iv.
14
14. The altars are not only to be anointed with chrism, but are also to be blessed. Cf. c. 32, De Consecrat. Dist. i.
1 5. Penitents l shall receive from the priest the imposition of hands and a cilicium upon the head. If, however, they do not cut off their hair and change their clothes, they must be rejected. Young people, on account of the weakness of their age, must not lightly be admitted to penance. But the Viaticum is not to be refused to anyone who is near death. Cf. c. 63, Dist. 1.
16
16. The bishop must ordain no one a deacon who is not twenty-five years old. If a young married man wishes to be ordained, he must be asked whether his wife also agrees, and is willing to depart from her husband's abode and practise continence.2 Cf. c. 6, Dist. Ixxvii.
1 By penitents we are to understand not only such as are condemned by the Church to public penance, but also those who, from repentance for their sins committed in secular life, make a vow (profexsio) of continence, and are often also called conversi. Cf. c. 16 and (above, sec. 164) c. 21, below (sec. 224), c. 11 of the first Synod of Orleans. On Viaticum, cf. (sec. 229) c. 9 of the Synod of Gerunde. On the meaning of our canon, cf. Frank, Die Bussdisciplin der Kirche (The Penitential Discipline of the Church), Mainz 1867, S. 497 and 596.
- Conversio is here and often equivalent to professio continentite. Cf. c. 22
17
17. A priest or bishop must be thirty years old before being ordained. (Gratian has united this canon with the previous one in c. 6, Dist. Ixxvii.)
18
18. Laymen who do rot communicate at Christmas, Easter, and Pentecost are not to be regarded as Catholics. Cf. c. 19, De Consecrat. Dist. ii.
19
19. Nuns (Sanctimoniales), however their morals may be approved, must not receive the veil before they are forty years old. Cf. c. 13, C. xx. q. 1.
20
20. If clerics are careful of their hair, it must be cut off' even against their will by the archdeacon ; and they must wear only becoming clothes and shoes. Cf. c. 22, Dist. xxiii.
21
21. Divine service may be held in oratories, but not at Easter, Christmas, Epiphany, the Ascension of Christ, Pentecost, the Nativity of S. John the Baptist, or other great festivals. On these days all must attend the parochial service. The ecclesiastic who says Mass on those days in an oratory is excommunicated. Cf. c. 35, De Consecrat. Dist. i.
22
22. Priests and clerics in towns, etc., may spend for themselves the Church property which the bishop has assigned to them, but they are not to sell it or give it away. Cf. c. 32, C. xii. q. 2.
23
23. A bishop must not with partiality pass over a blameless cleric and prefer a younger to him. If, however, the elder is not fitted for the archidiaconate, then the better qualified for the administration of the Church should be chosen by the bishop. Cf. c. 5, Dist. Ixxiv.
24
24. In regard to children exposed, the ordinance of the older Council (of Vaison, c. 9, above, sec. 163) remains in force.
25
25. Laymen who separate themselves from their unfaithful wives without having waited for the sentence of the comprovincial bishops, in order unlawfully to enter into other unions, must be excluded from Church communion and from intercourse with the faithful. Cf. c. 1, C. xxxiii. q. 2, and c. 2 of the Council of Vannes, A.D. 465 ; see above, sec. 211.
of the Synod of Orange, and c. 43 of the Synod of Aries, A.D. 443 (sec. 162). Du Cange, Glossar. s.h.v.
SYNOD AT AGDE (AGATHA), A.D. 500. 81
26
26. If a cleric secretes or suppresses documents by which the Church can prove her right to a possession, or delivers them up to her opponents, he shall be excommunicated, and condemned to pay an indemnity. And the same shall be done to anyone who has tempted him to it. Of. c. 33, C. xii. q. 2.
27
27. No one is allowed to build or found a new convent without permission of the bishop. Monks are not to be ordained clerics without a testimonial from their abbot ; and no abbot must receive a strange monk unless his abbot gives his permission. Cf. c. 12, C. xviii. q. 2.
28
28. Women's convents must not be placed in the neighbourhood of men's convents, as well because of the cunning of Satan as because of the evil report of men. Cf. c. 23, C. xviii q. 2.
29
29. The Church shall protect those who have been regularly liberated by their masters. Cf. c. 7, Dist. Ixxxvii.
30
30. Divine service shall everywhere be held in the same manner. After the Antiphons, the Collects shall be said by the bishops or priests, the hymni matutini and vespertini be daily sung. At the close of matins and vespers (which are here called Missce, see above, sec. 219), after the hymns, chapters out of the Psalms shall be said, and the people after the vesper prayer shall be dismissed by the bishop with a blessing. Cf. c. 13, De Consecrat. Dist. v.
31
31. Those who for a long time have enmity with one another shall first be admonished by the priest, and if they persist, shall be excommunicated. Cf. c. 9, Dist. xl.
32
32. A cleric must not without permission of the bishop sue anyone before the secular judge. If he is himself sued in this manner, he may answer ; but he himself must bring no charge, least of all a criminal accusation, before the secular judge. If, however, a layman has falsely accused a cleric, he shall be excluded from the Church, and from the communion of Catholics. Gratian out of this canon made two, namely, c. 17, C. xi. q. 1, and c. 8, C. v. q. 6 ; but he brought in non before respondeat, so as to give this meaning : "If a cleric is summoned before a secular tribunal, he must not answer."
iv. 6
But in all the old and good MSS. the negation is wanting, as Sirmond assures us.1
33
33. If a bishop has no sons or grandsons, and appoints anyone save the Church his heir, then all that he has derived from the revenues of his Church and not spent for ecclesiastical purposes, and so saved, shall be deducted from what he has left. If, however, he has left sons, these shall see the Church unharmed in regard to the inheritance (by giving up a portion of it). Cf. c. 34, C. xii. q. 2.
34
34. If Jews wish to become Catholics, since they may so readily return to their vomit, they must remain eight months as catechumens before they can be baptized. Only if they come near to death may they receive baptism earlier. Cf. c. 93, De Cotiseerat. Dist. iv.
35
35. If the metropolitan summons the comprovincial bishops either to the ordination of a bishop or to a Synod, they must appear on the day appointed. Only serious illness or the command of the king excuses. If they do not appear, they remain, in accordance with the ancient canons, excluded from communion until the next Synod. Cf. above, sec. 113, c. 11 of the sixth Synod of Carthage; and sec. 200, note on c. 20 of the Synod of Chalcedon ; also below, sec. 229, c. 6 of the Synod of Tarragona, where the idea of the excommunication here threatened is more fully discussed. In Corpus jur. can. our canon appears as c. 13, Dist. xviiL
36
36. All clerics who faithfully serve the Church shall be rewarded by the bishops after their deserving, and in accordance with the ordinances of the canons. Cf. c. 10, C. i. q. 2.
37
37. Murderers and false witnesses must be excluded from Church communion, unless they have expiated their crimes by penance and satisfaction. Compare c. 1 of the Synod of Vannes, above, sec. 211; and c. 20, C. xxiv. q. 3.
38
38. Clerics must not travel without the epistolce commendatitice of the bishop. So also the monks ; and if they do not attend to this admonition, they must be beaten. Monks are not allowed to separate from the community and
1 In Concilia Gallise, t. i. p. 601 ; in Mansi, t. viii. p. 340.
SYNOD AT AGDE (AGATHA), A.D. 506. 83
occupy separate cells (huts), unless when they are under probation or in case of sickness, when the abbot may soften the stringency of the rule for them. But even then they must (in their separate cells) remain within the walls of the monastery and under the supervision of the abbot. The abbots must not have several cells or monasteries. Only in case of hostile attacks they may (outside the monastery) erect residences inside the walls of a city. The same was ordained by the Synod of Vannes, A.D. 465, in canons 5 to 8 ; see above sec. 211. Gratian has our canon as c. 43, C. xx. q. 4.
39
39. Priests, deacons, subdeacons, or others not permitted to marry, must not be present at the marriages of others, nor in companies where erotic and indecent songs are sung, etc. A repetition of c. 11 of the Council of Vannes (sec. 211), and cf. c, 19, Dist. xxxiv.
40
40. Clerics and laity must not participate in the meals of the Jews. — This is forbidden by the Synod of Vannes (c. 12) to the clergy alone. In Gratian this canon stands as c. 14, C. xxviii. q. 1.
41
41. A clergyman who gets intoxicated must, as far as his position permits, be excommunicated for thirty days, or corporally chastised. Cf. c. 13 of the Synod of Vannes, and c. 9, Dist. xxxv.
42
42. Clerics and laymen who meddle with the sortes sanctorum must be excluded from the church. Cf. c. 16 of the Synod of Vannes (sec. 211), and c. 2, C. xxvi. q. 5.
43
43. Whoever has undergone ecclesiastical penance is forbidden, in accordance with previous synodal ordinances (cf. sec. 112), to become a cleric. If he is already ordained, he shall be regarded like one who has married a second time, or a widow. — If a priest, he is not to consecrate ; if a deacon, he is not to serve (see above, c. 1). Our canon is found out of place, and combined with the following one in Gratian, c. 3, C. xxvi. q. 6.
44
44. The priest must not bless the people and the penitents in the church. Cf. c. 3, C. xxvi. q. 6.
45
45. Small fields and vineyards which are of small use to the Church, and are situated at a distance, may be alienated
by the bishop without consulting his brethren. — This is an abridgment of c. 7. Keceived by Gratian into c. 53, C. xii. q. 2.
46
46. Slaves also who have run away, and who, when recovered, can scarcely be retained, the bishop is at liberty to sell. Cf. c. 54, C. xii. q. 2.
47
47. On Sundays all laymen must be present at the whole Mass, so that they are not allowed to depart before the blessing. If, nevertheless, they do so, they shall be publicly censured by the bishop. Cf. c. 64, De Consecrat. Dist. i.
So far the genuine canons of the Synod of Agde extend. In addition, as we have remarked, there are others ascribed to this Synod, as follows : —
48
48. The bishop may leave to his heirs what belonged to him as private property. But what he received from the Church must remain to the Church. Cf. c. 19, C. xii. q. 1.
49
49. Deacons and priests who are appointed to a parish may not alienate anything of the ecclesiastical property intrusted to them. So with the sacerdotes (bishops). If, nevertheless, they do so, and if they are convicted of it in a Council, they are to be deposed, and they must make restitution. If, however, the bishops wish to give liberty to any belonging to the churches under their care (i.e. slaves which are Church property), they must in doing so follow the process prescribed by the Church. If they fail in this, they (who were freed) must return to their former service. Gratian divided this canon into two, c. 35 and c. 56, C. xii q. 2.
50
50. If a bishop, priest, or deacon has committed a capital offence, has falsified a document, or given false witness, he shall be deposed, and imprisoned in a monastery, where for his whole life he shall receive only lay communion. — This is c. 22 of the Synod of Epaon (sec. 231), below, and is found in the Corpus jur. can. as c. 7, Dist. 1.
51
51. A bishop must not bequeath by will any Church property. — This is c. 17 of the Synod of Epaon, taken into the Corpus jur. can. as c. 5, C. xii q. 5.
52
52. If a priest, or deacon, or any other cleric travels
SYNOD AT AGDE (AGATHA), A.D. 506. 85
without a letter from his bishop, no one is to receive him to communion. — This is c. 6 of the Synod of Epaon.
53
53. If a parish priest (parochiarum presbyter) alienates any Church property, his act is invalid. Cf. c. 36, C. xii. q. 2.
54
54. The priest who administers a parish l should allow what he purchases to be put down in the name of the Church, or he should resign the administration of the Church. — This is c. 8 of the Synod of Epaon, and is placed by Gratian as c. 3, C. xii. q. 4.
55
55. Bishops, priests, and deacons are not allowed to have hunting hounds and falcons. The bishop who does so shall abstain three months from the communion, the priest two months, the deacon shall be excluded for one month from all service and from the communion. — This is c. 4 of the Synod of Epaon. In Gratian, c. 2, Dist. xxxiv.
56
56. If an abbot sells anything without the bishop's knowledge, it may be recovered by the bishop. Slaves who belong to monks must not be set free by the abbot ; for it is unfitting that, whilst the monks daily till the ground, their servants should be idle. — This is a portion of the 8th canon of Epaon. In Gratian, c. 40, C. xvii. q. 4.
57
57. An abbot must not preside over two abbeys. Cf. above, c. 38 and c. 39 of Epaon; also c. 4, C. XXL q. 1.
58
58. New cells (small monasteries) or small congregations of monks may not be set up without the knowledge of the bishop. — This is c. 10 of Epaon. In Gratian, c. 13, C. xviii. q. 2.
59
59. If a cleric has possession of Church property ever so long, it does not become his private property. — This is c. 18 of Epaon. In Gratian, c. 11, C. xvi. q. 3.
60
60. Punishment of one who has lapsed from the Church and gone over to a heresy. — This is c. 29 of Epaon.
61
61. Incestuous unions are entirely prohibited. The different kinds of incest are enumerated in detail. — This is c. 30 of Epaon. In Gratian, c. 5, C. xxxv. q. 2 and 3.
1 Dioecesis and ecclesia dioecesana are often used in the sense of parish and ecde&ia parochicdis and ruralis. Cf. cc. 7 and 8 of the Synod of Tarragona (sec. 516), and Du Cange, Glossar. s.v. Dioecesis.
6 2. = c. 34 of Epaon. 6 3. = c. 35 of Epaon.
64
64. If a cleric is not present in his church on the great festivals, he shall be excommunicated for three years ; and so also the priest or deacon who leaves his church for three weeks. Cf. c. 29, C. vii. q. 1.
65
65. = c. 20 of Laodicea (in vol. ii). In Gratian, c. 15, Dist. xciii.
66
66. Unordained servers must not take a place in the Diaconicum, nor touch the holy vessels. This is identical with c. 21 of Laodicea (vol. ii. p. 313); only that here the reference is only to insacratis ministris, whilst at Laodicea it is to servers (subdeacons) generally. Cf. c. 26, Dist. xxiii.
67
67. = c. 31 of Laodicea (vol. ii. p. 316).
68
68. = c. 36 of Laodicea (vol. ii. p. 318).
69
69. Agitators must never be ordained, nor yet usurers or such as have taken personal vengeance. Cf. c. 8, Dist. xlvi.
70
70. A cleric who makes a buffoon of himself, or talks obscenely must be discharged from his office. Cf. c. 6, Dist. xlvi.
71
71. Synods shall be held annually.1
Some other canons supposed to proceed from the Synod of Agde are found in the Corpus jur. can. c. 25, Dist. Ixxxvi.; c. 4, C. xiv. q. 3; and c. 12, C. ii. q. 4. Further, in the old collections of Ivo and Burchard, in Mansi, I.e. p. 338 sqq.