Opening
SEC. 251. Third Synod at Orleans, A.D. 538.
The third Synod of Orleans, like the second, was not merely a provincial Synod, since the bishops of several ecclesiastical provinces took part in it. The president was the Metropolitan Lupus of Lyons, although the city and diocese of Orleans did not belong to his province, but to that of Sens. Besides him there were present the Metropolitans Pantagathus of Vienne, Leo of Sens, Arcadius of Bourges, and Flavius of Rouen. The archbishop of Tours, Injuriosus, was represented by a priest. The Acts were subscribed by nineteen bishops, and seven priests as representatives of absentees. In the subscription of Archbishop Lupus, the
1 Mansi, I.e. p. 1149 sqq. ; Hardouin, I.e. p. 1406 sqq.
2 Mansi, I.e. pp. 1164-1176 ; Hardouin, I.e. pp. 1410-1419.
3 Ketzerhist. Thl. vii. S. 160, Anm. 2.
THIRD SYNOD AT ORLEANS, A.D. 538. 205
time of the holding of the Synod is given as Die Nonarum mensis tertii, quarto post consulatum Paulini junioris V. C. anno 27 regni Domini ChUdeberti regis. This indicates the year 538, and probably the 7th of May, since in ancient times it was common to begin the year with the 25th of March.1 The assembled bishops declare their aim to be the re-establish- ment of the old laws of the Church and the passing of new ones. This they accomplished in thirty-three canons, many of which contain several ordinances : —
1
1. The metropolitan must every year summon a pro- vincial Synod. If he fails for two years, in spite of being requested by the suffragans, he must not venture to say Mass for a whole year.
2
2. No cleric, from a subdeacon upwards, must have con- nubial intercourse with his wife, whom he formerly possessed. A bishop who allows it, is to be suspended for three months.
3
3. Metropolitans, when possible, are to be ordained by other metropolitans, but in presence of the comprovincial bishops. But they are to be chosen, as the decrees of the apostolic see ordain, by the comprovincials, in agreement (cum consensu) with the clergy and the citizens. The ordinary bishop is to be chosen by the clergy and the citizens, with consent of the metropolitan.
4
4. Intercourse with strange women forbidden.
5
5. Whatever is left to the Churches in cities shall be in the power of the bishop, who can expend it for church repairs, or for the sustentation of the clergy ministering in the churches receiving the legacy. In regard to the pro- perty of village churches, the custom of each locality shall be observed. Cf. the canon of the Synod of Carpentras, sec. 239.
6
6. A layman may not be ordained until a year after his conversion (see sec. 222), nor until he has reached the proper age, twenty-five years for a deacon, and thirty for a priest. No one may become a cleric who has been married
1 The 7th of May as the date of our Synod is adopted by Sirmond, Cmicttia Qallix, t. i. p. 247 ; Mansi, t. ix. p. 19 ; Remi Ceillier, Hist, des auteurs sacrts, t. xvi. p. 725. On the other hand, the authors of the Hist. litUraire de la France (t. iii. p. 178) decide for the 7th of March, but have incorrectly printed 558 for 538.
206 HISTORY OF THE COUNCILS.
twice, or to a widow, or who has undergone ecclesiastical penance, or is semus corpore (i.e. imperfectus or mutilatus), or tormented (arreptus) l by a demon. If, however, such an one should be ordained, he is to be deposed, and the bishop who ordained him suspended from clerical functions. If he still says Mass, he is to be excluded for a whole year ab omnium fratrum caritate (cf. canon 20 of the Synod of Chalcedon in vol. iii.). If anyone gives false witness at an ordination, so that an unworthy person is ordained, he is to be deprived of communion for a year.
7
7. If a cleric who has been willingly ordained marries after his ordination, he and his wife must be excommunicated. If he has been ordained against his will and under protest (if he marries), he loses his office, but he is not to be excommuni- cated. The bishop who consecrates anyone against his will, and in spite of his refusal, is to be suspended for a year from celebrating Mass. If a higher (honoratior) cleric confesses or is proved to have committed adultery, he is to be deposed, and for the rest of his life shut up in a monastery, but not deprived of the communion. — Partly received into the Corp. jur. can. as c. 1, Dist. Ixxiv., and c. 10, Dist. Ixxxi.
8
8. The cleric who has been guilty of a theft or of a falsehood, is to be degraded from the Ordo, but not excom- municated. A perjurer is to be excommunicated for two years.
9
9. Whoever, during his wife's life, or after her death, has had intercourse with a concubine, must not be ordained. If, through ignorance of this prohibition, he is already ordained, he may remain among the clergy.
10
10. Incestuous marriages are forbidden. If neophytes, immediately after their baptism, and in ignorance of this pro- hibition, contracted such a marriage, it shall not be dissolved.
1 1. Clerics who will not fulfil the duties of their office, nor obey the bishop, shall not be reckoned among the canonicis clericis (that is, the clergy inscribed in the Church register), nor like these receive support from Church pro- perty.
1 2. Church property must not be alienated, nor burdened
1 Cf. Du Cange, Glossar. s.vv. semus and arreptus.
THIRD SYNOD AT ORLEANS, A.D. 538. 207
without necessity. If any has been alienated, it may be recovered for thirty years after.
13
13. If Christians are slaves to Jews, and shall do any- thing contrary to the Christian religion, or if their masters venture to attempt to strike them on account of any act allowed by the Church, and they flee repeatedly to the church, the bishop is not to give them up unless the value of the slave in question is paid down (as a pledge that no harm shall be done him). Christians must not marry with Jews, nor even eat with them.
14
14. At the principal festivals, at least, Mass is to begin at the third hour (9 A.M.), so that the priests, if the office is discharged at the proper hours, may be able to come together at vespers, for on such days the sacerdos must be present at vespers.
15
15. No bishop must ordain clerics or consecrate altars in strange dioceses. If he does so, those who are ordained by him are to be removed (remotis) ; but the consecration of the altars holds, and he (the bishop), must refrain from saying Mass for a year. No cleric must be appointed to office in a strange diocese without the consent of his bishop. No priest, deacon, or subdeacon, who travels without a letter from his bishop, may be received to communion.
16
16. If anyone carries off a virgin dedicated to God, or one who is vowed (has vowed the ascetic life), and does her violence, he shall be shut out from communion to the end of his life. If the woman carried off consents to intercourse with the ravisher, she must share the same excommunication. The same applies to penitents and widows who have taken a vow (see sec. 237).
17
17. If a cleric has received anything through the favour of a previous bishop, he must not be deprived of it by the succeeding bishop, but an exchange may be made so long as he is not injured. On the other hand, a bishop may deprive a cleric of what he has himself given, in case he is disobedient, etc.
18
18. If the administration of a monastery, a diocese (parochial church),1 or basilica is committed to a clergyman
1 Cf. Du Cange, s.v. Dioecesis, n. 2.
208 HISTORY OF THE COUNCILS.
in an episcopal church, it rests with the bishop to decide whether he will allow him anything (of the income) of his previous office.
19
19. If any through pride neglects his office, he must be deposed (ab ordine depositus) to lay communion until he does penance (i.e. so long he shall be suspended) ; yet the bishop shall treat him with kindness and allow him his income.
20
20. If a cleric believes that he is wronged by the bishop, he may appeal to the Synod.
21
21. Clerics who have entered into a conspiracy, must be punished by the Synod. — Received into the Corp. jur. can. as c. 25, C. xi. q. 1.
22
22. Whoever takes any of the property of a Church or a bishop, must be excommunicated until he makes restitution. So also with anyone who prevents the legacies of departed persons from descending to the Church, or wants to take back what he has himself previously given to the Church.
23
23. No abbot, priest, etc., may alienate anything of Church property without the bishop's permission and signa- ture.— This is c. 41, C. xii. q. 2.
24
24. The benedictio pcenitentice (see above, sees. 222 and 231) must not be given to young people, particularly not to married people unless they are already advanced in years, and both sides are agreeable. Cf. Frank, On the Penitential Discipline of the Church, Mainz 1867, p. 679.
25
25. If anyone after reception of the benedictio pcenitentice returns to a secular life or to the militia?- he may receive communion only on his deathbed.
26
26. No slave or farmer (colonus) must be ordained. The bishop who knowingly ordains one who is not free, must refrain from saying Mass for a year.
27
27. No cleric, from a deacon upwards, must lend money on interest, toil from sordid covetousness, carry on any forbidden business, etc.
28
28. It is a Jewish superstition that it is unlawful to ride or drive on Sunday, or do anything for the decoration of house or
1 The militia togata=Givil State service ; the militia paliidata=mi\ii&vy service. Cf. Frank, I.e. S. 688.
SYNODS AT BARCELONA AND PROVINCE OF BYZACENE. 209
person. But field labours are forbidden, so that people may be able to come to church and worship. If anyone acts otherwise, he is to be punished, not by the laity, but by the bishop.
29
29. No layman must depart from Mass before the Lord's Prayer. If the bishop is there he must await his blessing. No one must appear armed at Mass or vespers.
38
38. From Maundy Thursday for four days onwards, Jews must not appear among Christians.
31
31. The judge who does not punish a rebaptizer is to be excommunicated for a year.
32
32. No cleric may bring a layman before a secular tribunal without permission of the bishop ; nor any layman a cleric without the same permission.
33
33. No bishop may transgress these canons.1