Opening
SEC. 253. Fourth Synod at Orleans, A.D. 541.
The great Prankish National Synod, which was held at Orleans under the consulate of Basil (i.e. A.D. 541), as the subscription of its president specifies, was attended by bishops from almost all the provinces of Gaul. Fleury and, after him, Kemi Ceillier (t. xvi. p. 732) maintain, that all the three kingdoms into which the great Frankish kingdom was divided were here represented, and that only from Narbonensis I. was there no bishop present, because this province then belonged to
1 Mansi, t. ix. p. 110 sq. ; Hardouin, t. ix. p. 1434 sq. ; Gonzalez, Coleccion de Canones, Madrid 1849, t. ii. p. 686 sqq.
2 The two imperial decrees to the Byzacene Council and its president, the Primate Dacian, dated October 6, 541, and October 29, 542, are printed in Baronins, ad arm. 541, n. 10-12.
FOURTH SYNOD AT ORLEANS, A.D. 541. 211
the Spanish West Gothic kingdom. On the other hand, Kichard (Analysis Concil. t. i. p. 531 sq.) showed that no bishop was present from the kingdom (Soissons) of Lothaire (Chlotar), nor yet from the two Germanic and the two Belgian provinces ; whilst there was one from Narbonensis i., namely, Firminus of Ucetia (Uzez). The president was Archbishop Leontius of Bordeaux. Besides him there were many other metropolitans present, altogether thirty-eight bishops and twelve representa- tives of bishops. Among those present we find also Bishop Grammaticus of Vindonissa.1 The thirty-eight canons of this assembly are as follows : —
1
1. The Easter festival must be celebrated by all at the same time, according to the Table of Victorius (see vol. i. p. 330). As early as the Epiphany the bishop shall proclaim the day of Easter to the people. If a doubt arises as to the festival, the metropolitans shall apply to the apostolic see for a decision.
2
2. In all churches Lent (Quadragesima) shall be held in the same manner, and not in some a Quinquagesima or Sexagesima. Everyone who is not sick must fast also on the Saturdays of Lent ; only Sunday is excepted.
3
3. It is not permitted to distinguished laymen to keep the Easter festival outside the episcopal city (in their oratories).
4
4. At the oblation of the holy chalice, only wine from the grape, mixed with water, must be used.
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5. A newly-elected bishop must be consecrated in the church over which he is to preside.
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6. The parochial clergy (parochiani clerici) shall receive from the bishops the canons which it is necessary for them to read.
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7. Strange clergymen must not be admitted into the oratories on country estates without permission of the bishop in whose diocese the oratory lies.
8
8. In the case of those who have fallen into heresy after baptism, but do penance, the bishop shall decide when and how they shall be restored to communion.
1 Cf. my treatise on the Introduction of CJiristianity into S.-W. Germany, p. 176.
212 HISTORY OF THE COUNCILS.
9
9. If a bishop, in opposition to the canons, has sold or pledged any Church property, and if he leaves none of his property to the Church, it must be reclaimed for the Church. If he has bestowed their liberty on any of the slaves of the Church (to a moderate number), these shall remain free.
10
10. If a bishop has knowingly ordained a bigamist, or the husband of a widow, a Levite, or a priest, he must know that he is suspended for a year from all clerical function ; and the unlawfully ordained shall be degraded.
11
11. Anything presented to abbots or monasteries or parishes does not belong to the abbots or priests themselves. If it is necessary to alienate anything, this can be done only with the signature of the bishop.
12
12. If a dispute arises between bishops about possessions, they must, as soon as possible, come to an understanding, or choose a court of equity. The bishop who refuses this will be excluded a caritate fratrum (can. 20 of Chalcedon).
13
13. A judge who compels clergymen to perform public services, must know that he has not the peace of the Church. In particular, a bishop, priest, or deacon must not be burdened with a guardianship, from which even heathen priests were free.
14
14. Anything bequeathed to a church or to a bishop by a valid document must not be withheld by the heirs.
15
15. Whoever after baptism still eats of idol sacrifices, unless he reforms on being exhorted, must be excommunicated.
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16. If a Christian, in a heathenish manner, takes an oath on the head of an animal, unless he reforms on being exhorted, he must be excommunicated.
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17. Sacerdotes (bishops and priests) and deacons must not have the same chamber and the same bed with their wives, so that they may not be brought into suspicion of carnal intercourse.
18
18. If a cleric sells Church property which he has in usufruct, this is invalid.
19
19. If anyone has demonstrably presented anything to the Church in goods or vineyards, even without a written document, neither he nor his heir must reclaim it from the Church, under pain of excommunication.
FOURTH SYNOD AT ORLEANS, A.D. 541. 213
20
20. No layman may arrest, try, or punish a clergyman without permission of the bishop or other ecclesiastical superior. If the cleric is required by his ecclesiastical superior to appear before the secular judge, then he must give speech and answer there without hesitation. In a trial between a cleric and a layman the judge must make no ex- amination except in presence of the priest or archdeacon who is the superior of the cleric. If two contending parties (a cleric and a layman) wish to carry their trial before the secular tribunal, permission to this effect may be given to the cleric.
21
21. The right of asylum of churches is confirmed anew.
22
22. No one must marry a girl against the will of her parents under pain of excommunication.
23
23. The servants of the Church and of the bishops must commit no acts of violence nor take anyone prisoner.
24
24. If a male or female slave take refuge in a church, in order to get married against the will of their master, this must be invalid, and such a union must not be defended by the clergy.
25
25. No cleric may possess Church property under the protection of a man of power, without the assent of the bishop.
26
26. If churches are found in the houses of great men, the clergy who minister there, in case of their not fulfilling their duty to the Church, must be punished by the arch- deacon. If however, they are hindered by the great man or his representative from doing their duty, he must be deprived of sacred offices until his amendment.
27
27. Whoever does not observe the ordinances of the previous Synod of Orleans (c. 10) in regard to incestuous marriages, must be punished in accordance with the canons of Epaon (see above, sec. 231).
28
28. If anyone has intentionally committed a murder, even if he is freed from punishment by the prince or by the parents (of the murdered man), must have suitable penance imposed by the bishop.
29
29. If a woman has committed adultery with a cleric, both must be punished by the bishop, and the woman banished from the city.
30
30. If a Christian, who is the slave of a Jew, flees to a church or to any Christian requesting to be bought from
214 HISTORY OF THE COUNCILS.
the Jew, this shall be done, and the loss to the Jew made good according to just valuation.
31
31. If a Jew makes a proselyte called Advena1 to be a Jew, or perverts one who has been converted to Christianity to the Jewish superstition, or associates with his female Christian slave (for carnal connection), or perverts to Judaism one born of Christian parents, under the promise of freedom, he is to be punished with the loss of (all) his slaves. If one born of Christian parents has apostatised to Judaism, and has obtained his freedom on condition of remaining a Jew, this shall not be valid, for he ought not to remain free, who, being born of Christian parents, wishes to adhere to Jewish usages.
32
32. If descendants of slaves (of the Church), after any length of time, are met with again at the place to which their ancestors belonged, they must be demanded back by the bishop, and remain in those relations which are indicated by the departed (forefathers). If a layman, from covetousness, opposes this (retains descendants of Church slaves for himself), he must be excommunicated. This canon is differently and, as I think, incorrectly interpreted by Canon Mohler in his treatise on slavery in the Tubingen Quartalschrift, 1834, p. 597, and in his collected writings, vol. ii. p. 128. Different again is the translation of Eemi Ceillier (t. xvi. p. 736): " Les descendans des Esclaves seront obliges au service et aux charges, sous lesquels ceux dont Us descendent ont obtenu leur liberte (there is nothing in the text of their having obtained their liberty), quoiqu' il yait longtemps."
33
33. If anyone wishes to have a diocese (parish) in his domain, before all he must provide it sufficiently with landed property and clergy.
34
34. If anyone has received from the bishop the usufruct of landed property for his lifetime, he must not alienate from the Church that which he has saved out of it, and his relations must appropriate no part of it.
35
35. It belongs to the successor to a bishopric to decide whether the last will of his predecessor, in consequence of
1 Proselytus nude pro advena, hospcs. Of. Du Gauge, Olossar. s.v. t. v. p. 920.
SYNODS AT ANTIOCII AND GAZA, A.D. 542. 215
which a cleric, during the vacancy of the see, has settled in the enjoyment of Church property, shall be held valid or not. The ordinary term of prescription has no application here.
36
36. If a bishop has let out ecclesiastical property to a strange cleric, it falls back after the death of this cleric to the Church again.
37
37. The metropolitans are annually to hold provincial Synods, that discipline and love may be maintained.
38
38. All bishops are required to obey these canons.1