'^'^f4 '%J^ PRINCETON, N. J. "^ BV 760 .R453 Reichel, Oswald Joseph, 18^ -1923. A complete manual of canon law M. ,-■ A COMPLETE MANUAL OF CANON LAW OSWALD J. REICHEL, M.A., B.CAL., F.S.A. AUTHOR OF "THE SEE OF ROME IN THE MIDDLE AGES," ETC. 'Eyw i)\Oov tVa (wr/v exwcrt, kcu Trepi(T as the sacrament of unction appears to luive Ix'en (•) ; or (;5} remotely as some of the so-called lesser sacramentals used in particular branches of the Church appear to liave been in execu- tion of the authority given to the Church by its Founder. All of these, being means of grace, are included in the term sacrament in a general sense. ?K Tn a narrower sense the lesser sacramentals, whicli are not of universal observance or are not directly means of grace, are excluded from the meaning of the term, and the word is confined to the greater sacraments common to the whole Church which were directly or indirectly instituted by Christ C). These include (1) necessary sacraments which origi- nate and keep up the spiritual life, such as baptism and the Eucharist ; (2) supplementary sacraments, which either replace the effect of a necessary sacrament when lost, such as penance, or else perfect it when it has been imperfectly received, such as confirmation and extreme unction, which perfect baptism and penance respectively ; and (3) voluntary sacraments in which certain states of life, which it is at the option of individuals to embrace or not, convey grace to the soul, such as order and matrimony. 4. In a still more restricted sense the term sacrament is con- fined to sacraments directly ordained by Christ and generally (8). Guusset, Tlieologie D()<,aiiatii[ue ii. 2(51, gives a defiiiitinn of a sacra- ment similar to that given above, and states, p. 267, that it is not contrary to the Tridentine definitions, to hokl that some of the seven sacraments were only indirectly instituted by Christ. Lynd. 42, says that sacraments are either (1) th(jse which give an increase of dignity, such as confirmation and order, or (2) those which are necessary, such as baptism and marriage, or (3) those which are means of grace, such as the Eucharist, penance, and unction. The two first can only be administered by a bishop, the two ne.xt by anyone, the last three only by one wlio has jurisdiction. (9). Lynd. 328 : Christ's passicm is the only remedy for all sin Mhetlier actual or original ; but the benefit of this passion is received in the .sacraments of the ("luircli. Wherefore no man can be rendered whole from actual or original sin witliout the reception of the sacraments, either actually if he have the opportunity of so receiving them, or in- tentionally if neces.sity and not contempt of religion hinders the recej)tion y the intention and prayers of the iaitliful on whose l)ehalf lie ministers (•'■*). 16. For the same reason the validity of the sacraments is not impaired by the nnworthiness of the minister (""). Nevertheless, sacraments ought not to be received at the hands of those known to be unworthy (^*^). If the unworthiness arises from irregularity or ecclesiastical censure, the duty to refuse them on this account does not arise until the irregularity or censure has been brought home ("). If it is caused by a sin unto death, the sacraments may still be received at the hands of those who are guilty of such sins, unless the sin is personally known to the receiver. In such a case it were better to abstain from receiving them for fear of being a partaker in the sin. (58). Thorn. Acjuin. iii., Qu. 64, art. 8. (59). The Donatist controversy arose on this point. The Douatists contended ihat since Felix of Aptunga was a traditor, his ordination of Caecilian was invalid. Aiigustin ap. Gratian, Cans. i. Qu. 1, c. 30 : The spii'itual efficacy of the sacraments is received pure as the light by those who are to be enlightened thereby, and is not sullied because it passes through the unclean, c. 32 : The .sacraments of God are always good (recta) by whomsoever they may be administered. Ihid. c. 33-38, c. 46 : Those whom Judas baptized, Christ baptized, so those whom a drunkard, a murderer, an adulterer baptized, Christ baptized, if it was the baptism of Christ ; c. 58, 87 ; The manners of evil men cannot hurt the sacraments of God ; c. 77, 89, 98 : lUd. in. Dist. ll. c. 26 ; Anastasius a.d. 497, Ibid. 1, Di.st. XIX. c. 8 : Baptism, though given by an adulterer and a thief, comes unsullied to him who receives it. . . If the rays of the visible sun passing through the foulest places are not sullied by contact with them, much less is the power of Him Who has made that sun visible restrained by any unworthiness of the minister. Gregory, Ihid. Cans. i. Qu. i. c. 84 : Nicolaus, A.D. 866, Thkl., Cans. xv. Qu. viii. c. 5, compares an unworthy minister to a wax torch giving light to others but burning away itself. Decret. Lib. ill. Tit. ii. c. 7 and 10 ; Lynd. 43, 236, 341. (60) Cyprian, Ep. 67, 3 : A people obedient to the Lord ought to separate themselves from a sinful prelate. Nicolaus ii. Ihid. l. Dist. xxxii. c. 5 : Let no one attend the mass of a priest whom he knows for certain to keep a concubine. Alexander ll. Ihid. c. 6. (61). Nicolaus i. a.d. 866, ap. Gratian, Cans. xv. Qu. viii. c. 5 : Whatever a priest may be himself he cannot defile that which is holy. Communion ought not therefore to be refused at his hands until he is convicted by the judgmeiit of the bishops. Gratian, Cans. ix. Qu. 1. 14 Short Mamials of Canon Lazu. 17. To obtiiin the grace of a sacrament three things are requisite in the receiver. (1) He must have the intention to receive the particular sacrament, because grace is given to no one unwilling to receive it {^'-). (2) He must be generally capable of receiving it, i. e., he must be baptised before he can receive any other sacrament, and must be a man and not a woman before he can be ordained C^^). And (3) he must be morally qualified to receive it {^^). Should he be known to be unqualified the sacrament should be refused him if he applies for it privately, but not if he applies for it openly unless he is a convicted or notorious offender, because every one has a right to his public reputation (^'), and no man can know in how sliort a time God may work a change in the soul {^^'). 18. Baptism may nevertheless be administered to the children of Christian parents although they have not the intention to receive it, and to other children provided they are (62) Innocent III. in Decret. Lib. in. Tit. xlii. c. 3 ; Liguori Lib. vi. No. 139, .says that baptism administered by force against the mind's desire is an absohite nullity. On the other hand, Augnstin ap. Gratian ill. Dist. IV. c. 31, says that baptism obtained by deceit is nevertheless true baptism. Lynd. 43 : The sacraments invariably are the channels of truth, but they are not always effective means of health, which does not arise fiom defect on the part of the sacrament, but on the part of the receiver, because grace is given to no one unwilling to receive it. (63). Apost. Const, in. 6 : We do not permit our women to teach in the Church (1 Cor. xiv. 34). Ihid. in. 9 : The blessed Virgin was not employed to baptize Christ, but John the Baptist. Egbert's Excerpt. 87 to v. 740 ; Hobart p. 149 : If a mere layman ... be instituted and inducted [to a benefice] this is not a mere nullity, but he is a parson de facto . . . and his insufficiency must receive examination, but the incapacity of a Avoman appears in itself. Gratian I. Dist. xiii. c. 25. (64). Augustin ap. Gratian, Cans. l. Ru. 1, c. 78 : All sacraments, as they prejudice those who treat them unworthily, so they benefit those who worthily receive them. Innocent iii. in Decret. Lib. iii. Tit. XLii. c. 3. (65). Concil. Afric. ap. Gratian, Cans. vi. Qu. ii. c. 3 ; Eugenius in Decret. Lib. I. Tit. XXXI. c. 2 ; Alexander in. Ihid. Lib. ii. Tit. i. c. 4 ; Thomas Aquiu. 3 Qu. 80, art. 6. Craisson § 3209. (66). Theodori Poenit. 1. viii. 5, in H. and S. in. 184 : True conversion may take place at the last moment, because God regards not only time but the heart, and the robber in his last hour by one moment's confession deserved to be in paradise. TJic Sacraments Generally. 15 placed amonu Christian surroundings. Witli adults this cannot be done, but they must always have such an intention as leads them to ask for it. For all sacraments, excepting penance and matrimony, habitual intention suffices in the receiver ("), and even interpretative intention is enough to qualify for the reception of extreme unction (''**) ; but penance and matrimony require actual or at least virtual intention, because in them the receiver is also a co-ministrator. The Effect of Sacraments. 19. The eftect of sacraments, when properly administered and rightly received, is in all cases to bestow grace i^^'), and in some sacraments to impress a character also. The grace be- stowed includes (1) sanctifying, and also (2) what is termed sacramental grace ; the character is an indelible character. 20. Sanctifying grace is the grace of the Holy Spirit com- municating holiness C*') which renders the soul well-disposed towards God, and is spoken of as gratia gratum faciens. It is (67). Craisson, § 3235. (68). Const. 9, Peckham, a.d. 1281, directs extreme unction to be given to frenzied persons at lucid intervals. Devoti, § 47. (69). According to Lynd. 309, grace means three things : (1) Gene- rally the divine assistance given to every act which has made us what we are ; (2) specifically the assistance whereby man prepares himself to receive a gift of the Spirit ; and (3) the Divine gift itsell'. In 1 Cor. xv. 10, it is used in all three senses : (1) By the grace of God I am what I am ; (2) His grace which was bestowed on me was not in vain ; (3) I laboured, yet not I but the Grace of God which was with me. Grace is moreover eitlier (1) effectual and operative, or (2) co-operative : effectual grace is either preventive, initiative, or victorious ; co-operative grace is either supple- mentary, perfecting, or assisting. The Thomists and Scotists differ as to the way in which the sacraments bestow grace, the Thomists alleging that they are the physical cause of grace, the Scotists, that they are its moral cause. Scotus, Lib. iv. Dist. 6, Qu. 5 ; Devoti. Lib. ii. Tit. ll. § 9, 13. (70). Concil. Milev. a.d. 402, Can. 3 in Codex Eccles. Afric. iii : Who- ever says that the grace of God, whereby a man is justified through Clirist, only avails for the forgiveness of past sins and not as a help against com- mitting them in future, let him be anathema. 16 Short Manuals of Canon Law. sometimes primary and quickening ("^^ as when a new life is implanted at baptism, or a sinner is reconciled to God in penance. At other times it is secondary and confirming, as when an additional grace is added to one already possessed C^), as in confirmation and order. Sacramental grace is the grace peculiar to each sacrament, whereby aid is given to the recipient as power and not as mere knowledge ("^) for the discharge of the special obligations which that sacrament imposes i^% In baptism and penance primary grace is bestowed, and hence these are called sacraments of tlie dead. In all others, viz. confirmation, the Eucharist, extreme unction, order, and matrimony, secondary grace is superadded. These, therefore, are called sacraments of the living. 21. By character is understood a spiritual mark or seal ('') impressed on the soul, whereby the recipient is distinguished from all others who have not received the sacrament impressing it. The impression of a character is confined to three sacraments, viz., baptism, confirmation, and order, and because in each case it is indelible, no one of these sacraments may be repeated with- out sacrilege C*^), If, however, there is reasonable ground to (71). Concil. Araus. ll. a.d. 529, Can. 5, declares that the beginning of faith is not from ourselves, liut from the grace of God ; Can. 7 : that of ourselves we cannot even think what is good. Liebermann vi. 100. (72). Devoti. Inst. Lib. ii. Tit. ii. § 10. (73). Concil. Milev. Can. 3 in Codex Eccles. Afri. 112 : If any one says that grace helps us not to sin because it enables us to understand what we are commanded to do, but does not give us the power of doing what we know, let him be anathema. (74). Gousset Theologie Dogmatit^ue, ii. 270. (75). Eph. i. 13, vi. 30 ; 2 Cor. i. 21 ; Cyril. Catech. xvii. ; Chrysost. Hom. V. in 2 Cor. : As soldiers bear a mark, so likewise do the faithful, one imjiosed by the Spirit. (76). Gratian, Cans. i. Qu. i. c. 57 ; Theodori Poenit. li. viii. 3, a.d. 673, in H. and S. in. 197 : Whoever has a doubt about his baptism, let him be baptized. Concil. Westminster, a.d. 1200, Can. 3 : If there be a doubt whether one have been baptized or confirmed, we charge that the sacra- ment, of which there is a doubt, be conferred. The conditional repetition of a sacrament is referred by Devoti. Lib. ii. Tit. ii. c. 7, to the time of Boniface, a.d. 745. It is enjoined by Alexander iii. in Decret. Lib. ill. Tit. XLii. c. 2 ; Const. 3 Peckham, a.d. 1281. Lynd. 40 says a condition must be one of two kinds. Either it is contrary to the nature of the act, in The Sacravicnts Generally. 17 believe that any one of them has not l)een ])r()])crly received, in such case the sacrament may by Western rule be repeated con- ditionally. If the good of others requires it, or if it is known to have been improperly received ("^), it ought to be re- peated (^^). In no case may any sacrament be given for fee or reward (""), Sacramental Signs and Their Uses. 22. The principal outward signs ordained for sacramental purposes are : (1) water, (2) bread and wine, (3) oil either pure or in the form of chrism, the latter being an ointment -com- whicli case the act is not done at all ; or it is a collateral condition, in which case it is of no force to avoid the act. See Decret. Lib. iv. Tit. v. c. 7. Hence conditional baptism is not a sacrilegious reiteration of the sacrament. Lynd. 41, 244; Ayliffe, 103. (77). Gratian Cans. i. Qu. i. c. 52. (78). Ihid. c. 59. (79). Iren. Haer. ii. 31, 3, and 32, 4 ; Concil. Elib. Can. 48, a.d. 305, in Gratian Cans. i. Qu. i. c. 104 : It is decreed that they who are baptized do not put money into the chest (concham), lest the priest should seem to bestow for money that which he has freely received. Gelasius, a.d. 494, Ihul. c. 99 : Let priests make no charge for baptising or confirming the faithful. Concil. Lnic. II. Can. 4 and 7, a^d. 572, Ihid. c. 102 and 103 ; Concil. Barcin. ll. A.D. 599, Can. 2 ; Syn. Trul. a.d. 692, Can. 23, Ihid. c. 100 : Let no bishop, priest, or deacon, who dispenses holy communion, make any demand on him who receives the grace of communion. Concil. Tolet. xi. a.d. 675, Can. 3 ; Concil. Cabilon. ii. a.d. 813, Can. 16, IhiA. c. 106 ; Concil. Tribur. a.d. 895, Ihid. c. 105 ; Egbert's Excerpt, 12, a.d. 740 : That no priest presume to sell a sacred order or the sacrament of baptism ; 40 : Let priests give the sacrament of baptism to all that want it, and forthwith succour all that desire penance, requiring no pay for it, unless they or their parents, or god-parents, freely give somewhat. Elfric Can. 27, a.d. 957 : Let not the servants of God perform their ministrations for money. Concil. London, a.d. 1126, Can. 2 : That no price be demanded for chrism, oil, baptism, visiting or anoint- ing the sick, for the communion of the Body of Christ, or for burial. Concil. Westminster, a.d. 1138, Can. i., adds to the above list penance and espousals of women, making excommunication the penalty for disobedience. Concil. London, A.D. 1175, Can. 7 ; Concil. Westminster, a.d. 1200, Can. 8, repeat the same. Const. 27 Langton, a.d. 1222, after forbidding burial, baptism, or any sacrament or the contracting of matrimony to be denied for money adds : Our will is that the ordinary do justice as to what is used by custom C 18 Short Maii2ials of Canon Law. pound of oil and balsam in tlie Western Church i^^), of oil and thirty-five different herbs in the Eastern Church, and (4) salt, (^i) The principal sacramental acts are (1) the imposition of hands, including anointing and signing with the sign of the cross, (2) the washing of the feet, (3) the preaching of the Word, and (4) almsgiving. Some of these constitute the sacramental signs of the principal sacraments, others stand alone as lesser sacramentals. 23. Water is used for spiritual cleansing both in the sacra- ment of baptism and also in the lesser sacramental rite, puri- fying with holy water. Bread and wine are employed for the memorial oblation and sacrificial communion of the Eucharist, and also for the lesser sacramental which keeps up the com- munion of saints, the agape of ancient times, the benediction bread and benediction-wine of after times. 24. Oil and chrism are used to bestow in varying degree some gift of the Spirit, — oil to bestow the strength of the Spirit given from without, (^^) chrism to impress the highest spiritual gift, the indwelling Spirit, the pledge and seal of to be given according to the general council [i. e. Can. 66 of Concil. Lat. IV. A.D. 1215, in Decret. Lib. v. Tit. in. c. 42]. Const. 4 Otbo, a.d. 1237, forbids fees for penance ; but Const. 7 Edmund, a.d. 1236, allows the ^Day- ment of a fee for breaking the ground at burial by custom. Const. 2 Othobon. A.D. 1268 : To demand anything for chrism or the holy oil we judge unreasonable. Lynd. 79, 278. (80). Its composition is given by Innocent in. in Decret. Lib. i. Tit. xv. §2. (81). In the prayer Exorcizo te creatura salis, in Leofric Missal, 235, salt is called salutare sacramentum ad eflfugandum inimicum. (82). Clem. Recog. i. 45 : Him first God anointed with oil, which was taken from the wood of the tree of life. From that anointing He is called Christ. Thence He Himself, according to the appointment of His Father, anoints with similar oil every one of the faithful, when they come to His kingdom for their refreshment after their labours. Apost. Const. III. 17 : In baptism the oil is instead of the Holy Ghost. Leofric Missal, p. 268. Innocent iii. a.d. 1204, in Decret. Lib. i. Tit. xv. § 2 : To exhibit the visible unction, oil is blessed which is called either the oil of the catechumens or the sickman's oil and chrism is made, which is compounded of 9il and balsam for a mystic reason. By oil clearness of conscience is expressed .... By balsam, the perfume of a good report .... Respecting clearness of conscience the apostle says, " Our glory is this the testimony of TJic Sacraments Gcnc7'ally. 19 habitual sanctification. ('■') The candidate for baptism is anointed with oil to strengthen him for the new life before he is regenerated ; tlie newly-ordered priest to strengthen him for his new duties ; the sick man in extreme unction to fortify him for the passage from this world to the next. Sealing with cln-ism is the final act in baptism, (^'*) in confirmation, C"'') in the consecration of a bishop, and it is also used for the permanent hallowing and irrevocable devotion to holy purposes of churches, altars and sacred vessels (*"') as distinct from simply blessing them. 25. The imposition of hands is a terni used to express any outward act in which the hand (**^) conveys the benefit of cor- a good conscience," for "the king's daugliter is all glorious within." Respecting the perfume of a good report the same apostle says, " For we are a sweet savour of Christ everywhere." Lynd. 37. (83). Iren. ill. 18, 3 : It is the Father who anoints, but the Son who is anointed by the Spirit who is the unction. Tertullian, De Resurr. 8 : The llesh is anointed that the soul may be consecrated. Apost. Const, ill. 17 : The ointment is the confirmation of the confession ; vii. 22 : The ointment is the seal of the covenant. Pseudo.-Isidor. ap. Gratian. i. Dist. Lxxv. c. 1 : All sanctification comes from the Holy Ghost Whose invisible virtue is bound up with holy chrism. Stat. Eccl. Ant. a.d. 505, Can. 36, Ihid. I. Dist. xcv. c. 4. (84). Apost. Const, vii. 22. (85). Rabanus ap. Gratian, in. Dist. v. c. 5 : The baptised person is signed with chrism by the priest on the top of the head, but by the l^ishop on the brow, the former unction signifying the descent of the Holy Ghost upon him to make His habitation there ; the second implying that the sevenfold grace of the Holy Spirit has come to liim with the plenitude of knowledge, holiness and power. (86). Innocent in. in Decret. Lib. I. Tit. xv. § 8. (87). Apost. Const, viii. 38 : Bow down for the imposition of hanrm of the Gospel words, in good faith and with some knowledge of the Truth, although it would not profit them for spiritual salvation, if they were wanting in that charity whereby they are engrafted into the catholic Church. For " If I have all faith," etc. Baeda, Ihv). 51 : Whether it l)e a heretic, a schismatic, or 44 Short Manuals of Canon Law. 13. As the prayers of the fasting Church are necessary to bestow sacramentally any gift of the Spirit, so the proper time for the solemn administration of baptism in its in- tegrity is at the close of the Lenten or some other fast season. Easter-eve or one of the following eight days (^") is the regular time, and also Whitsun-eve. i^^'^) In the East, in Africa, and in Ireland solemn baptism was like- wise given at the Epiphany, (i^^), and in Gaul at Christmas a criminous man, whoever baptizes with tlie confession of the Holy Trinity, he who has been so baptized may not be re-baptized by good catholics. Theodori Poenit. 1, ix. 12, in Haddan & Stubbs, iii. 185, and ap. Gratian Cans. 1, Qu. 1, c. 59, repeating iii. Dist. iv. c. 23 : The Roman Pontiff hokis that the grace of baptism is not bestowed by the man who baptizes, although he be a pagan, but by the Spirit of God. Nicolaus, a.d. 865, Ibid. III. Dist. IV. c. 24, says baptism by a Jew is good. Innocent in. in Decret. Lib. in. Tit. xliii. c. 3, says that a man is made a member of Christ not only by the sacrament of faith, but also by faith of [having received] the sacrament. Lynd. 41, 50, 244, 245. Stephens' Eccl. Stat. 2032. (111). Lynd. 37. (112). Syn. Rom. ad Gallos, a.d. 384, Can. 7, allows presbyters and deacons to give remission of sins and to complete their ministry at Easter. At other times a presljyter is allowed to baptize in case of sickness, but not a deacon. Tertullian, De Bapt. c. 19, mentions Easter, and Apost. Const. V. 19, says baptizing your catechumens at Easter. Siricius to Himerius of Tarragona, a.d. 385, ap. Gratian in. Dist. iv. c. 11 : It is pure presumption for innumerable people, as you say, to receive the mystery of baptism at Easter, the Epiphany, and the festivals of apostles and martyrs, since with us and with all Churches the Lord's Easter and Pentecost alone claim this privilege. Leo, a.d. 447, Hid. c. 12, 13, 14 ; Gelasius, Ihid. c. 17, 18 ; Concil. Gerund, a.d. 517, Can. 4 ; Hid. c. 15 : As to baptizing catechu- mens it is decreed that because at the solemn time of Easter and Pentecost, when it is high tide few come to be baptized, only the sick may be bap- tized at other seasons, to whom baptism may at no time be denied. Concil. Matiscon. ii. a.d. 585, Can. 3 ; Egbert's Excerpt. 10, a.d. 740 ; Concil. Clo- vesho. A.D. 747, Can. 13 ; Concil. Chelsea, a.d. 787, Can. 2 : That baptism be administered according to the canonical rules and not at any other time. Concil. Winton. a.d. 1071, Can. 7 : That baptism be celebrated at Easter and Whitsuntide only, except there be danger of death. Const. 3, Otho. A.D. 1237 : The two sabbaths before the resurrection of the Lord and Pentecost are appointed for the solemn celebration of baptism. Const. I. Othobon, A.D. 1268 ; Const. 4 Peckham, a.d. 1279 ; Lynd. 247. (113). Gregor. Nazianzen Hom. 40 ; Victor de Vit. Hist. Pers. Vandal. li. 47 ; Patricii Syn. ii. 19, in Haddan & Stubbs, ii. 336. The Sacrament of Baplis)n. 45 or on an}' festival day M-liicli had a viqil (''■*). ]->y using chrism, which has been consecrated by anticipation, l)aptisni can however be given at other times, and the children of Christian parents, except those born within eight days of Easter or Pentecost, ("') are directed to be baptized without delay. Q^'^) In cases of emergency adults may also be baptized at any time, ('^^) but such baptism is called clinical or bed baptism, (''") and is a disqualification for orders. ("') In the Eoman Church the font is solemnly consecrated only at Easter and Pentecost, and the consecrated water is reserved for use afterwards. By English rule the font may not be solemnly consecrated even at Easter, unless a child is to be baptized therein, Q-^^) and the consecrated water may not be kept in the baptistry for more than seven days. (^-^) 14. The proper place for the ministration of baptism is a (114). Duchesne, p. 283. (115). Const. 10 Edmund, a.d. 1236; Const. 4 Peckliam, a.d. 1279; Ljnid. 243, 244, 246. (116). Concil. Autissiodor. a.d. 578, Can. 18, however forbids children to be taken to other parishes to be baptized out of Easter. By Ine's law 2, A.D. 693, children were to be baptized within 30 days; by Edgar's law 15, A.D. 960, A\'ithin 37 nights ; by law 10 of Northumbrian priests, a.d. 950, within 9 nights ; by Const. 4 Peckham, a.d. 1279, presently as they are born. Lynd. 247, assigns 4 reasons : (1) the uncertainty of life, (2) the devil's power over the unbaptized, (3) the importance of early training, (4) possible mistakes of parents if they have to give baptism in a hurry. (117). Leo, ap. Gratian in. Dist. iv. c. 16: If any are overtaken by a sudden prospect of death, illness, siege, persecution, or shipwreck, they may be baptized at any time. Concil. Laodic. a.d. 363, Can. 47, requires them to receive instruction afterwards, if they siu'vive. Egbert's Excerpt. 11 a.d. 740 ; Lynd. 241, 249 ; Concil. Gerund, a.d. 517, Can. 4, quoted note 112. (118). Cyprian, Ep. 75, 13 ; Concil. Autissiodor, a.d. 578, Can. 18 : It is not lawful to baptize any out of the solemn Eastertide except those in danger of death, who are termed bed men (grabatarii). Lynd. 243, 244. (119). Concil. Neocaesarense Can. 12, a.d. 314, ap. Gratian i. Dist. Lvir. Eusebius vi. 43, relates that it was not lawful that any one baptized in his sick bed should be ordained, but a dispensation was given to Novatus. A.D. 250. (120). Can. 37 Elfric, a.d. 957 : Let no oil l^e put in the font unless a child be Ijaptized therein. (121). Const. 10, Edmund, a.d. 1236 : Let not the water in which a child has been l)aptized be kept in the l^aptistry above 7 days. 46 Short Mmiuals of Cano?i Laiu. collegiate or mother church, (^^^) or, as it was formerly called, a baptismal church. (^^^) Such churches were often adjacent to fountains or streams, (^^^) which served for baptizing ; but they were afterwards required to have baptistries of stone. (^^^) Baptistries were at first forbidden to conventual Churches ; (^^^) but the prohibition was relaxed by custom. When lesser Churches acquired parochial rights, as they did in the 12th century, they were required to have a font for the baptism of children, (^^^) secured by lock and key, (^^^) in place of a baptistry; and baptism being forbidden out of Church, except to princes, or when access could not be had to one without peril, (^^^) fonts were also allowed in subordinate chapels. If baptism is admin- (122). Concil. Vien. a.d. 1311, in Clem. Lib. v. Tit. x. c. 1. Lincl. 241, calls the cathedral church the matrix or mother church. There were, however, other mother churches in the West. (123). Const. 10 Edmund, a.d. 1236. (124). Baeda i. 30, shows that many churches must have been converted heathen temples adjacent to wells which were formerly objects of worship. Edgar's Law 16, a.d. 960. In aftertimes many of these became holy wells or lady wells, such as Tideswell in Derbyshire, Chapelwell in Spreyside^ Muswell near London, the Lady well or Puit at Westmirister, the Holywell at Walsingham. These wells were decollated on Sundays in May and August. Bridgett's Our Lady's Dower, p. 331. Duchesne, p. 309, mentions a number of natural baptistries which filled themselves on the vigil of Easter. (125). Const. 10 Edmund, a.d. 1236 : In every baptismal church let there )je a baptistry of stone. (126). Gregory, a.d. 593, ap. Gratian, Caus. xviii. Qu. ii. c. 7, orders a l^aptistry to Ije removed from a monastery, and an altar to be put in its place. Concil. Gall. a.d. 616, Can. 5 : That neither baptisms nor masses for dead secular persons be allowed within a monastery. Lynd. 190, 241. (127). Const. 1 Langton, a.d. 1223; Const. 9 Edmund, a.d. 1236. It was apparently not contemplated that any but infants would be baptized in parish Churches. (128). Const. 1 Langton, a.d. 1223; Const. 9 Edmund, a.d. 1236 ; Const. 1 Gray, a.d. 1250 ; Const. 4 Winch., a.d. 1305. Concil. Herd. a.d. 523, ap. Gratian in. Dist. iv. c. 106, requires every priest who is unable to pro- vide a font of stone to have a suitable vessel exclusively reserved for bap- tism, and not to let it be carried out of the Church. Lynd. 241, 247. (129). Concil. Vien. a.d. 1311, in Clem. Lib. in. Tit. xv. : We forbid that any be baptized in halls, or chambers or private houses, but only in churches which have special fonts for the purpose, except kings or princes, or such a necessity arises that recourse cannot be had to a church without danger. Lynd. 241. The Sacrament of Baptism. 47 isterecl privately, the water used should ])e thrown into the lire, or else carried to the Church and there poured away, and the vessel in which it was administered applied to ecclesiastical purposes in honour of the sacrament. ('^^) 15. Whenever baptism has been imperfectly or irregularly received it should be afterwards supplemented by the ordinances of the Churcli. Whenever it has been invalidly received it should be recouferred (^^^). The Eoman rule adopted by Arch- bishop Peckham requires the ceremonies of the catechumenate, exorcism and catechism, to be gone through after private bap- tism (^^-), but the old English rule ordy required those parts to be supplied which come after the catechumen's unction. (^•^^) After irregular baptism, received at the hands of heretics or schismatics, the recipients should be reconciled to the Church and receive the baptism of the Spirit (^^^) either by the imposition of (130). Const. 10 Edmund, a.d. 1236 : If a child have been baptized by a layman at home let that water, in honour of baptism, be either thrown into the fire or carried to Church, in order to be poured into the baptistry, and let the vessel in which baptism was performed be l)urnt or deputed to the use of the Church. (131). Concil. Nic. a.d. 325, Can. 19 : A decree has been made that Pau- lianists returning to the Catholic Church be rebaptized. Concil. Constant. A.D. 382, Can. 7 : The Eunomians who are baptized with only one immersion^ the Montanists or Phrygians and Sabellians we receive as we do pagans, [the reason being that in all these cases (1) the form of the Church was departed from (2) with intent to give a different baptism from that of the Church]. (132). Const. 3, Peckham, a.d. 1281 : Let the exorcisms and catechisms be used over children so baptized in reverence to the ordinances of the Church. Gousset Theologie dogmatique ii, 296, states that the Roman rite requires the exorcising of the baptized if they were not exorcised pre- Aaously, but that the practice of many dioceses is otherwise. (133). Concil. Westminster, a.d. 1200, Cau. 3: If a layman baptize a chikl let all that follows after the immersion be performed by the priest. Const. 1 Langton, a.d. 1223. If children are baptized by laymen let the priest perform what follows the unction, not what goes before. (134.) Innocent a.d. 415, ap. Gratian, Cans. xxiv. Qu. 1, c. 30: Heretics when they departed from the Catholic faith lost the perfection of the Spirit Avhich they had received. Id. Ibid. Cans. 1, Qu. 1, c. 17, Augustin Ibid, ill, Dist. IV, c. 29: The Church does not rebaptize heretics because they are baptized in the name of the Trinity. For that is the form of the sacra- ment. Therefore wlien they return they receive the power of the Holy Ghost, which tliose Avho are outside the Church have not. Pelagius ii, Ibid. c. 30 : 48 Short Manuals of Canon Law. hands (^^^), or by unction ('^^), or by making a public confession of the true faith (^^''), the baptism itself being other wise, good (^^^). Those who have been baptized in the name of the Trinity you will hasten to associate to the Catholic faith by bestowing the sole favour of reconciliation. (135). Dionysius of Alexandria in Euseb. vii, 2, says this was the ancient practice. Also Stephen of Rome in Cyprian Ep. 73 ; Concil. Arelat. a.d. 314, Can. 8 : If they find a heretic has been baptized in the name of the Father, the Son and the Holy Ghost, let hands only be laid on him. Leo. a.d. 458, ap. Gratian iii. Dist. iv. c. 38: Let not those be rebaptized who have in any way received the proper form of baptism, but by imposition of hands and the power of the Holy Ghost [thereby conferred] which they could not receive from heretics, let them lie joined to the Catholic Church. M. Ibid. Caus. I, Qu. 1, c. 51. (136). Gregory, a.d. 601, ap. Gratian iii, Dist. iv, c. 44 : We have learnt from the ancient rule of the fathers that those who have been baptized in heresy in the name of the Trinity, when they return, should be received into the bosom of the Church, either [1] by anointing with chrism, or [2j by the imposition of hands, or [3] by simple profession of faith. Accord- ingly the Western Church receives the Arians by a simple imposition of hands, the East by anointing mth chrism. . . . The Monothelites and others it receives upon a simple confession of the truth. Devoti Lib. ii. Tit. ii. §. 27. On the other hand Apost. Const. 68, allows reordination because " those who are either baptized or ordained by heretics can be neither Christians nor clergymen." (137). Dionysius of Alexandria, a.d. 254, in Euseb. vir. 7 : Heretics were not admitted again by him although they intreated much, until they had publicly declared all that they had heard from their adversaries, and then indeed he admitted them to communion without deeming another baptism necessary for them. Concil. Nic. a.d. 325, Can. 8: If Puritans [i. e. Novatians] come over to the Catholic and Apostolic Church, the holy synod decrees that they who are ordained shall continue in the clergy, having first professed in writing that they will communicate with those who have marriedfa second time, and with such as having lapsed in persecution have had a certain time of penance alloted them. Concil. Constant, a.d. 382, Can. 7: We receive Arians, Macedonians, Sabbathians and Novatians who call themselves Puritans and continents, and Quartodecimans and Apolli- narians, if from being heretics they come over to the orthodox faith and give in a written renunciation of their errors by sealing them with the sacred unction on the forehead, the eyes, the nose, the mouth and the ears, saying, The seal of the gift of the Holy Spirit. (138). Augustin contra Parmenian ii: But although baptizing should be usurped not of necessity, and l)e given by anyone to anyone, what has been given cannot be said not to have been given, although it may rightly lie said to have^been irregularly (illicite) given. The Sacrauicnt of Baptism. 49 16. When baptism has been once validly received, it may not be repeated, (^■^^'') even though it were received at the hands of a non-Christian, ('^'•') because it is sacrilege to treat the invocation or confession of the Holy Trinity as a nullity. (^■*") The iteration of it constitutes a disqualification for orders. ('"") When, however, a doubt exists whether it has been validly received, the Western Church since the 12th century directs it to be conditionally reconferred. (^^2) When it is mistakenly (138a). Concil. Carthag. I. A.D. 347, Can. 1 ; Concil. Cartliag. ii. a.d. 397, Can. 38, ap. Gratian in. Dist. iv. c. 107 and Caus. xxiv. Qu. i, c. 40 : Ke- baptizing, re-ordination and translation of bishops are forbidden. Leo. Ihid. Can. r. Qu. i. c. 57: That the washing once received be not violated by iteration because the apostle says, There is one Lord, one faith, one bap- tism. Augustin, Ihid. in. Dist. iv. c. 32, 43 ; Theodori Poenit. li. iv. 4 in Haddan & Stubbs iii, 193 : Gregory Nazianzene said that second baptism is a baptism calling for tears. Baeda, a.d. 731, ap. Gratian in. Dist. iv. c. 51. (139). Theodori Poenit. li. il. 13, a.d. 673, in Haddan & Stubbs, in. 192 : If an ordained priest discovers he has not been baptized let him be baptized and reordained, and all whom he previously baptized be re-baptized. The same is repeated i. ix. 12, Ihid. in. 185, with this addition : It is stated that another decision has been given on this point by the Roman pontiff, according to which the grace of baptism is not conferred by the man who baptizes, although he be a pagan, but by the Spirit of God. See note 110 above. Nicolaus l. a.d. 865, ap. Gratian in. Dist. iv. c. 24 : You say that many in your country were baptized by a Jew who may have been a Christian or may have been a pagan, and ask what ought to be done. If such have been baptized in the name of the Trinity . . . they ought not to be re-baptized. (140). Augustin ap. Gratian in. Dist. iv. c. 28 : Ne S. Trinitatis invo- catio vel confessio annulletur. Concil. Rothomag. a.d. 650, Can. 5. (141). Theodori Poenit. i. ix. 11. 1. c. p. 185 : Those who have been twice baptized in ignorance need not do penance. Only, according to the canons they cannot be ordained. (142). Theodori Poenit. li. ix. 3. 1. c. p. 197 : Whoever has a doubt about his baptism let him be baptized. Alexander in. a.d. 1180, in Decret. Lib. in. Tit. xlii. c. 2 : Concil. Westminster, a.d. 1200, Can. 3 : We charge according to the holy canons that the sacraments of which there is a doubt be conferred. Const. 1, Langton, a.d. 1223 ; Const. 11, Edmund, a.d. 1236 : If he find by full evidence that baptism was given in the form of the Church let him approve the fact, whether he did it in Latin, French, or English. But if not let him baptize the child. Const. 3 Peckham, a.d. 1281 : If the priest doubt whether the child was l)aptized E 50 Short ManiLals of Canon Law. believed to have been received by one who lives a Christian life, the Church treats such an one as baptized with the baptism of desire, (^^^) and for this reason the children of Christian parents, brought up among Christian surroundings, are presumed to be baptized unless the contrary is made to appear. (^'^) Confirmation. 17. Of the various sacramental signs whereby baptism is bestowed in its integrity, some may be administered by any Christian, such as the washing with water for the remission of sins. Others require a deacon or presbyter, such as anointing the body with oil, or the head with chrism, to give the strength or the presence of the Spirit. (^^^) Others, again, require the intervention of the bishop as chief representative of the Church (^*^), such as touching the head with oil or the hand, in due form let liim observe the manner in the decretal [of Alexander], together with the exorcism and catechism, saying : If thou art baptized I do not re-baptize thee. If thou art not baptized " I christine thee in the Faders name, the Sonnes name," &c. (143). Innocent in. in Decret. Lilj. in. Tit. xliii. c. 2. See above notes, 22 and 110. (144). Innocent iii. 1. c. Lynd. 245. (145). Joel II. 28, Acts ii. 17, 18. (146). Cyprian Ep. 72, 9, ad Jubian : Because they had obtained a legitimate baptism there was no need that they should be baptized any more, but only that which was lacking was performed by Peter and John, viz., that prayer being made for them and hands imposed, the Holy Spirit should be invoked and 'poured out upon them. Which now, too, is done among us so that they who are baptized in the Church are brought to the prelates of the Church, and by our prayers and by the imposition of hands obtain the Holy Spirit, and are perfected with the Lord's seal. Apost. Const. III. 16 : Thou, therefore, bishop, shalt anoint the head of those that are to be baptized, whether they be men or women, with the holy oil for a type of the spiritual baptism. After that either thou, O bishop, or a presbyter that is under thee, shall in the solemn form name over them the Father, Son, and Holy Ghost, and shall dip them in the water and let a deacon receive a man and a deaconess the woman. After that let the bishop anoint those that are baptized with ointment. Innocent in. A.D. 1204, in Decret. Lib. i. Tit. xv. TJic Sacraniod of Baptism. 51 to ratify the coui})letion of the catechiimenate, and anointing the brow with chrism to give tlie perfection of the Spirit, called the Lord's seal. (^^^) The bishop's part in the solemnity, when administered separately, as became the custom in rural churches iu the West after the 4th century (^'**^), was termed the laying on of hands (^*'^), chrismation i^^^), consignation Q-^^'), or the benedic- tion (^^2), by the Greeks the sacrament of the ointment (/^vpov) , in this country bishoping ('^^) and now most commonly confir- mation (^5^). 18. Confirmation may therefore be said to be a sacramental rite which is part of and the completion of the sacrament of baptism (^'^). It consists (1) in the bishop laying his hand (147). Concil. Constant, a.d. 382, Can. 7 : Sealing- tliem with tlie sacred unction and saying : The seal of the gift of the Holy Spirit. Concil. Laodic. a.d. 363, Can. 48 : It behoves baptized persons to be also made partakers of the heavenly sealing and the Kingdom of Christ. Theodoret on the Canticles, Lib. rv. : They receive the anointing of spiritual ointment as it were a kind of seal of the Kingdom being made partakers of the invisible grace of the most Holy Spirit by the ointment as it were under a figure. (148). Hiei'onyni. adv. Luciferian. c. 4. (149). Concil. Elib. a.d. 305, Can. 38 : Let him bring him to the bishop so that [lay baptism] may be completed by the laying on of hands. Augustin cont. Donatistas ii. c. 16. Leofric Missal, p. 222. (150). Leo Serm. 4 De Nativitate calls it Chrisma salutis. (151). Gelasian Sacramentary, ap. Muratori, i. 571 : Ad consignandum imponit eis manum. Duchesne 327 ol^serves that usually the Eoman Church speaks of the rite as imposition of hands, the Gallican Church as chrismation or consignation. (152). Concil. Elib. a.d. 305, Can. 77 : If a deacon baptise apart from u bishop or priest let the bishop complete the baptism by the benediction, Leofric Missal, p. 222 : Ecce sic benedicitur omnis homo. (153). Can. 17, Elfric, a.d. 951. (154). Maldonatus refers this name to Ambros. Lili. De Initiandis, c. 7. The same term is used of giving the cup in the Eucharist and ui anointing the bishop's hand at ordination. (155). Cyprian, Ep. 71, 1 : "It is a small matter to lay hands on them that they may receive the Holy Ghost, unless they receive also the baptism of the Chnrch ; for then finally can they be fully sanctified if they be born of each sacrament." Baeda ii. 2, relates that in 603 a.d. one of the three demands addressed by Augustine to British Christians was that they should complete baptism (ut ministerium baptizandi .... compleatis) according E 2 52 Short Manuals of Canon Lazv. on the head of one who has been already anointed with the catechumen's oil (^^''), and then (2) after a solemn prayer signing his brow with chrism with the sign of the cross Q^~). The laying on of the hand was formerly given by uplifting the hands over all the candidates at once, the final touch by giving each one a slap on the cheek C'^'-). At the signing with chrism each one was addressed by his Christian name to show that he was thereby admitted to the communion of saints (^^»). 19. The essential matter in confirmation is a subject of dis- pute. By some it is held to consist in the touch of the bishop's to tlie Roman use. Theodori Poenit. ii. iv. 5, in Haddan & Stubbs in. 195 : We believe no one can be perfect in baptism without the bishop's confirmation, but we do not despair [Conf. Concil. Elib. Can. 77 : If they depart this Hfe without confirmation they can be justified by the faith by which they Ijelieve]. Pseudo-Isidor ap. Gratian in. Dist. v. c. 3 : These two sacraments [baptism and confirmation] are so closely bound uj) together that, unless death intervene, neither can Ije separated from the other. (156). Apost. Const, iii. 15: Only by the laying on of the hand the liishop shall anoint a woman's head [pre-baptismal anointing]. Concil. Elib. A.D. 305, quoted noto 149. Duchesne, 319 ; Perrone Praelect. 51. (157). Apost. Const, il. 32, quoted note 39. The second act includes the anointing, signing, and laying on of hands of Tertullian De Resc. 3. Baeda Op. Min. p. 277, says : (1) placing his hand on the head of each, (2) anointing it with chrism which he had blessed. These two acts he calls impositio manus in Vita Cuthberti xxxii. p. 109. Ordo Romanus ap. Hittorp. p. 84 : Let the bishop, whilst the archdeacon holds the chrism, (1) raise and lay his hand upon the heads of all, and say over them the prayer (orationem) invoking the sevenfold grace of the Spirit, and (2) then having dipped his thumb in chrism sign the cross on the forehead of each. Wordsworth's Pontifical of S. Andrew, p. 66 : Primitus (1) impone manum super capiit et (2) tanges eum vel earn [sc. chrismate]. Ordo S. Amandi, A.D. 800, ap. Duchesne, p. 453, describes infants being anointed with oil after baptism by the priest, and then confirmed by the bishop : (1) dicendo orationem et tangendo capita ipsorum de manu. Deinde, (2) pontifex revertit ad infantes priores et facit crucem de crisma cum poUice. (158). Durandus, vi. 84, 6 : This slap represents the imposition of hands because the apostles confirmed by imposition of hands. Devoti Lib. ii Tit. II. § 42, traces the practice back to the time of Gregory. (159). Apost. Const, ii. 32, refers to this : By the bishop the Lord, in your illumination, testified Ijy the imposition of -the bishop's hand, sent The Sacramoil of Baptism. 53 hand (^"") whereby the recipient is confirmed or stvengtliened for the Christian fight (^'^^); by others in signing with chrism, ("=') M'hereby he receives the perfection or the sevenfold gifts of the Spirit (^'^^); by others again in both acts. Since the laying on of hands, as practised in mediaeval times, preceded the signing with chrism, it clearly represents the completion of the catechumenate (^") rather than the imposition of hands, which after the anointing with chrism completed baptism. It cannot, therefore, have been the essential part of confirmation. If, nevertheless, a laying on of hands is held to be essential to communicate the effect of the Church's corporate prayer, such a laying on is universally allowed to be given in signing with chrism ; (1) because chrismation involves direct con- out the sacred voice upon every one of you, saying : Thou art my son, this day liave I befjotten thee. (160). Sinnond, and others, because it is said, Acts viii. 16, 17 : t({t6 infrieovy ras x«'V«^ f''^' avrovs. Craisson, § 3335. Pseudo-Urban Epist. c. 7 : All the faithful ought to receive the Holy Spirit after baptism by imposition of the hand of the bishop. (161). Pseudo-isidor. ap. Gratian in. Dist. v. c. 2 : In baptism we are regenerated to life, after baptism we are confirmed to fight. In baptism we are washed, after baptism we are strengthened. And, although the benefits of regeneration suffice for those who go straight forward, the helps of confirmation are necessary for those who will conquer. (162). Tertullian, De Bapt. c. 7: The unction runs down carnally, but profits spiritually. Cyril. Catech. Myst. xix. : While thy body is anointed with visible ointment thy soul is sanctified by the holy and life-giving Spirit. Syn. Rom. ad Gallos, a.d. 384, Can. 8 : The chrism poured on the head imparts a grace to the whole body. Apost. Const, vii. 43 : When he has baptized him he shall anoint him with ointment, adding a prayer [as follows] ; c. 44 : for this [anointing] is the efiicacy of the laying on of hands to each one. Craisson, § 3337. See Sacraments, note 83. (163). 2 Cor. i. 21, 22 ; Rabanus ap. Gratian, iii. Dist. v. c. 5 : By the imposition of hands of the high })riest the Paraclete is given to the baptized that he may be strengthened by the Holy Spirit to preach to others that gift which he himself has received in baptism. For the baptized is signed \vith chrism by the priest on the top of the head, but by the liishop on the brow to signify by the former unction the descent of the Holy Spirit to consecrate a habitation for God ; and to declare by the latter that the .sevenfold grace of the Holy Spirit, with all the plenitude of holiness and wisdom and virtue,has been bestowed on him. Amalarius De Eccl. Offic. 1. 12. (164). See above, § 4. 54 Short Manuals of Canon Law. tact with the hand of the administrator, ('*'^) and indirect contact with the hand of the consecrator of the chrism ; and (2) because by the benediction the effects of prayer and fasting have been imparted to the chrism, and are through it conveyed to the person confirmed. On the other hand the laying on of hands is held to suffice without chrism in the case of those who have already been anointed at bap- tism (^^^). Hence, confirmation need not be repeated if the bishop has used the catechumen's oil by mistake for chrism ; but in such a case the Eoman Church requires the missing parts to be afterwards supplied (^'"'). The Western Church anoints the brow only, (^^^) the rest of the body having been already anointed at baptism. The Greeks, who administer baptism and confirmation together, anoint the eyes, ears, mouth and nose, and at one time anointed also the breast, the hands, and the feet Q^"^). (165). Innocent iii. a.d. 1204, in Decret. Lib. i. Tit. xv. § 7 : By im- pressing clirism on the brow the imposition of hands is expressed, which is also called confirmation because thereby the increase of the Spirit is given and strength. Therefore, while a simple presbyter can give other anointings, none biit the high priest, %. e. the bishop, can give this one, because it is said only of the apostles, whose representatives bishops are, that they gave the Holy Spirit by the imposition of hands, as is clearly set forth in the Acts of the Apostles. Innocent rv. in Gousset, Theologie dogmatique, ii. 306, says : Chrismation represents imposition of hands. Michael Palaeologus and the Greek bishops state, writing to Gregory x. at the Council of Lyons, a.d. 1274 : Aliud est sacramentum confirmationis, quod per impositionem manuum episcopi conferunt chris- mando renatos. Lynd. 43, 40 ; Palmer's Orig. ii. 207. (166). Tertullian De Bapt. c. 8 ; Concil. Araus, a.d. 441, Can. 2 : With us it is sufficient to be once anointed with chrism. But let the bishop (sacerdos) have notice given him at confirmation of one who for any cause whatsoever has not been anointed with chrism at baptism. For among all there is but one benediction of the chrism, so that without prejudice to anything a repetition of the chrismation is not necessary. Natalis Alexander Saec. ii. Diss. x. Baeda in Ps. xxix. : That anointing which is given by the imposition of hands by the bishop, and is called confirmation. (167). Innocent iii. in Decret. Lib. i. Tit. xvi. c. 1. (168). Augustin, in Ps. 141, says because shame shows itself in the brow, and the Christian must not be ashamed to confess Christ. (169). Concil. Const, a.d. 382, Can. 7 ; Cyril. Catech. Myst. xxr. The Sacj'aniciit of Baptism. 55 20. The essential form is also a matter of difference. By- some it is held to consist in the words with which the signing with chrism is administered (^'^"") ; by others in the prayer for the sevenfold gifts of the Spirit, which immediately precedes the signing with chrism Q^^) ; by others again in the prayer whereby the chrism is hallowed. Since it is universally held that, for the chrism to be efficacious, it must be properly hal- lowed (^''^) it would seem to follow that the prayer hallowing the chrism (which represents the solemn personal benediction of the neophyte of earlier times) must be the essential form which constitutes the sacrament. The prayer for the seven- fold gifts of the Spirit superadded at the time of adminis- tration is then only a reduplication rendering the sacrament more solemn to the individual recipient. When hallowed chrism is not used, the latter prayer is itself the essential form. 21. Since every sacramental communication of the Spirit requires prayer and fasting on the part of the whole Church, the hallowing of the chrism, to be the sacramental means of such communication, is a most solemn act, and can only be performed by the bishop (^''^) assisted as in ordination by all the presbyters and people (^''^). At Alexandria none but the patriarch hallowed the chrism, all the metropolitans and bishops of the patriarchate assisting him in so doing. In the West it is hallowed by every bishop. The Gallican Church permitted the hallowing at any time when it was wanted (^''*), but usually hallowed it on " Unction-day," the Sunday before Easter. (169a). Devoti, Lib. ii. Tit. ii. § 30. (170). Leofric Missal, p. 222. (171). Dionys. Areop. de Eccles. Hier. ii. 2, calls the iivpov deovpyiKciraToy. (172). Concil. Cartliag. ii. a.d. 390, Can. 3, Ibid. Caus. xxvi. Qu. vi. c. 1: Let not the consecration of the chrism be effected by presbyters. Concil. Carthag. ni. Can. 36, a.d. 397, Ibid. c. 2 : Never let a priest hallow the chrisiu. Concil. Hispal. n. a.d. 619, Ibid. 1 Dist. cxviii. c. 4: forbids a priest to hallow the chrism. (173). Basil, de Spir. Sanct. c. 37: We bless the water of baptism and the oil of unction. Leofric Missal. 222 : Benedicat et domniis papa et omnes presbyteri. (174). Concil. Tolet. 1 Can. 20, a.d. 400, and Concil. Martini, a.d. 572, Can. 51, declare that a bishop may at any time consecrate the chrism and send it to the priests in his diocese. 56 Short Man2Lals of Canon Law. The Roman Church limits it to one day in the year, Maundy Thursday at the close of the Lenten fast i^''^). In exceptional cases presbyters have, however, been authorized to hallow it (^'■^), and this was the practice in Africa in the 5th century (^"). 22. As the bishop is the proper person to hallow the chrism, so he is also the proper person to administer confirmation (^''^). ' In the East and in the Gallican Church (^^^), and in the Roman Church by way of exception (^**°), presbyters are permitted to confirm using chrism which has been solemnly consecrated by the bishop, and everywhere they may give the lesser confirma- (175). Menard in Not. Lib. Sacr. Gregorii, p. 263; Bona Eer. Lit. Lib. i. c. 18, § 6, and Martene De Antiq. Eit. Lib. i. c. 3, art. 3, state that in the 7tli century one of the three solemn offices of the bishop on Maundy Thursday was to hallow the chrism. The other two as Devoti Lib. ii. Tit. ii. § 39, explains were to reconcile penitents and to celebrate the Lord's Supper. Isidor, Ihid. iii. Diet. lii. c. 18 ; Leofric Missal, a.d. 1040, p. 258, gives the form of the three offices. Honorius in Decret. Lib. I. Tit. xli. c. 12, di- rects a bishop to hold one Eucharistic celebration on Maundy Thursday for the consecration of the chrism. Const. 21 Othobon, a.d. 1268, and Const. 6 Peckham, a.d. 1279: The consecration of the chrism is annually to be performed by the bishop, and the same we take to be understood of the holy oil of the catechumens. Const. 2, Eeynolds, a.d. 1322. I (176). Apost. Const, viii. 29: Let the bishop bless the water or the oil but if he be not there let the presbyter bless it. Perrone Praelect. 51 j Craisson § 1715, give instances of missionary priests having been autho- j rized by the pope to consecrate the chrism. Liebermann, Inst. Theol. vi ! 224,231. j (177). John the deacon's letter to Senarius, c. 8, a.d. 496. (178). Concil. Elib. a.d. Can. 35 & 77; Innocent a.d. 426, ad Decret. ap. Gratian iii. Dist. iv. c. 119: Hsec poutificibus solis deberi utvel consignent vel Paracletum Spiritum tradant; Gelasius a.d. 494, ap. Gratian i. Dist. xcv. c. 2, censures priests for assuming to give it. Gregory, Ihid. c. 1 : It has readied our ears that some have been offended becavise we forbad presbyters to mark the baptized on the brow with chrism . . . .Where there are no bishops we permit presbyters so to do. Id. Ibid. ili. Dist. iv. c. 120 ; Nicolaus ad Hincmar Ep. 70, Pseudo-Isidor. Ibid. iii. Dist. v. c. 2 : Con- firmation is administered by the greater, i.e. by the chief pontiffs and may not be given by the lesser priests. Innocent in. in Decret. Lib. i. Tit. iv. c. 4 ; Lynd. 40. (179). Concil. Araus. a.d. 441, Can. 1, 2 ; Concil. Tolet. a.d. 400, Can. 10 ; Concil. Epaon. a.d. 517, Can. 16; Concil. Brae. ir. a.d. 572, Can. 52. (180). Eugenii iv. Decretum ad Armenos, a.d. 1439. The Sac7-aiucnf of Baptisrii. hi tion, which consists in anointing the head but not the brow with chrism after baptism. For this purpose the bishop is re- quired to supply them with chrism gratis (^'*\). In the Gallican Church rural priests are enjoined to fetch it at any time after midlent (^'*-) from their own bishop but not from a stranger (^-^), and incumbents of greater churches after Easter; (^''^) and when they have obtained it to keep it under lock and key. (^*^) 23. All who have received the saving laver and have not yet been couBrmed are proper subjects for confirmation, and it should be given to them as soon as possible after baptism, whether they are adults or children. Parents should be exhorted to bring their children to the bishop for this purpose whenever he is in the neighbourhood (^^®), and adults be re- minded that confirmation is necessary for spiritual perfection, (181). Concil. London, a.d. 1126, Can. 2 : We charge that no price be de- manded for chrism oil, etc. Concil. Westminster, a.d. 1138, Can. i ; ConciL London, a.d. 1175, Can. 7 ; Concil. "Westminster, a.d. 1200, Can. 8; Concil. Lat. rv. A.D. 1215 in Decret. Lib. v. Tit. in. c. 42 ; Const. 27 Langton, a.d. 1222: To demand anything for chrism or the holy oil we judge to be un- reasonable. Const. 7 Edmimd, a.d. 1236 ; Const. 2 Othobon, a.d. 1268, Lynd. 74, 268. (182). ConciL Martini, a.d. 572, Can. 51; Concil. Autissiodor, a.d. 578, Can. 6, requires priests to fetch it after midlent. If they are not -well enough to go to fetch it they should apply to the archdeacon or his deputy, and carry with them a chrismatory wrapped in linen. (183). Stat. EccL Ant. a.d. 505, Can. 10, ap. Gratian i. Dist. xci. c, 4 : Let presbyters who rule Churches in self-governing districts (per dioceses) fetch the oil every year after Easter not from any but from their own bishops, not by one of the junior clergy but either in person or by the hand of him who presides over the sacristy (sacrariiuu) ; also in Dist. iv. c. 123 ; Concil. Vas. I. a.d. 442, Can. 3. (184). Stat. Eccl. Ant. Can. 10, quoted above. (185). Const. 3 Reynolds, a.d. 1322 : Let the holy oil and chrism be kept safely under lock and key. (186). Edgar's Law, 15 a.d. 960 : That no one too long remain un- bishoped. Const. 2 Revnolds, A.D. 1322: Let priests often exhort the people to have their children confirmed : for that sacrament ought to be received after baptism. If the person to be confirmed be adult he is to be admo- nished by the priest of the place first to go to confession and then to be confirmed. And let him come fasting to confirmation in honour to that sacrament. And let parents be often admonished by the priests to carry their baptized children to the bishop for confirmation and not stay long for 68 Shoi't Manuals of Canon Law. although it may not be for salvation. Without confirmation or a desire for it none may be admitted to communion Q'*^), but when it is desired and cannot be had, death can take its place in the case of those who have passed innocently through life (^^^). When it has once been received it impresses a character on the soul, and may not therefore be repeated without sacrilege (^^^). 24. Those who have come to years of discretion {^'^^) without receiving it, should prepare for it by fasting and confession Q-'^^). The canons require some person other than the parent to stand by and hold the candidate at the time he is confirmed (^^^), who thereby contracts the same spiritual relationship that a the coming of the bishop, but carry them to him when he is in the neighbourhood as soon as may be after baptism, and carry fillets sufficiently large along with them. Lynd. 34 explains that as soon as possible means within six months, and p. 32 that the neighbourhood means within seven miles. (187). Innocent in. in Decret. Lib. in. Tit. xliii. c. 3 ; Const. 4, Peck- ham, a. D. 1281: Many neglect the sacrament of confirmation for want of watchful advisers .... To cure this damnable neglect we ordain that none be admitted to the sacrament of the Lord's Body and Blood that is not confirmed, except at tlie point of death, unless he have a reasonable im- pediment. Lynd. 40. (188). Concil. Elib. Can. 79, quoted note 155; Pseudo-Isidor, ap. Gratian III. Dist. V. c. 1, compare Theodori Poenit. ii. iv. 5: but we do not despair. Perrone, Praelect. 55. Treatise on rebaptism, a.d. 255, c. 4. (189). Concil. Tarracon. a.d. 813, ap. Gratian in. Dist. v. c. 8 ; Const. 2 Reynolds, a.d. 1322 : Let parents take care that they do not a second time oft'er their children to be confirmed, because the children, if males, are by the repetition of the sacrament made irregular, and the parents by such neglect are by the canons liable to severe punishment. (190). Const. 2 Reynolds, a.d. 1322, quoted above, Lynd. 34, 36, states that adult means 14 years of age. (191). Concil. Aurel. 511, ap. Gratian in. Dist. v, c. 6 : Let those of perfect age come fasting to confirmation, and be exhorted first to confess that they may be pure to receive the gift of the Holy Spirit and know that no one is ever a Christian unless he has been marked with chrism by epis- copal confirmation. Const. 2 Reynolds, a.d. 1322. (192). Pseudo-Isidor. ap. Gratian, Cans. xxx. Qu. i. c. 1 ; Cnut's Law 22, a.d. 1017; Concil. Westminster, a.d. 1200, Can. 3; Const. 2 Reynolds a.d. 1322; Lynd. 33, says that this holding signifies the weakness of the baptized without the grace of confirmation. Id. 243 says that this rule applies to adults. TJic Sacr anient of Baplisni. 59 sponsor does in baptism C^''). To treat the sacrament with becoming respect, it was the English rule to bind the forehead with a band or fillet over the spot touched by the chrism. This fillet was removed on the third day by the priest in Churcli and burnt {}^% The Effects of Baptism. 25. The effects of baptism when administered in its integrity to qualified persons are threefold (^^•^). Thereby (1) they obtain forgiveness of all their sins, both actual and original (^^^). They receive (2) the renewal of the Holy Ghost, i.e. the implanting of a new spiritual life in the case of adults, (^^^) or the germ of such a life as an inchoate power in the case of in- (193). Const. 2 Reynolds, a.d. 1322: Let no child be held at confirmation by father or mother, step-father or step-mother. And our will is that this prohibition be often published in the Church by the priests that parents and others who hold children at confirmation may know that a spiritual relationship is contracted at this sacrament as well as at baptism. Lynd. 34, 242, 243. (194). Const. 2, Reynolds : Let the children on the third day after con- firmatiou be carried to church, that their foreheads may be washed in the baptistry by the priest's hand in honour to the chrism, and at the same time let the fillets be there burnt. (195). Innocent ill. a.d. 1205, in Decret. Lib. in. Tit. xm. c. 3, says the effects of baptism are threefold: (1), guilt is forgiven, (2) danger is avoided, (3) the kingdom of heaven is entered, which he derives from the words Unless a man is born again, (1) of water, and (2) of the Spirit, he cannot (3) enter the kingdom of God. Ayliffe, 104, enumerates four. Lynd. 244, says that in baptism there are three things: (1) water as the means, (2) the forgiveness of sin as the effect, and (3) the character impressed on the soul. (196). Rom. viii. 1 : There is no condemnation to those who are in Christ Jesus (by the baptismal initiation). 1 Cor. vi. 11 ; Justin, c. 61 ; Iren. Frag. 34: As we are lepers in sin we are made clean by means of the sacred waters and the invocation of the Lord from our old transgres- sions. Cyprian adv. Judseos in. 65 : All sins are put away in baptism. Augustin ap. Gratian in. Dist. iv. c. 81 : In baptism there is a washing off of all past sins. Therefore, Ambros. Ihid. c. 99, says that penance is not necessary for those who have been baptized. Codex Eccles. Afric. 110. (197). 1 Pet. i. 2 ; 2 Thes. ii. 13 ; 1 Cor. vi. 11 : Ye are washed, ye are sanctified. Titus iii. 5 ; Iren. Haer. v. 8, 1 : We do now receive a certain 60 Short Mamials of Canon Law. fants. (^3*^) They are (3) admitted to the kingdom of heaven, or fellowship of those who share the divine life i}'^'^), in which by mutual sympathy and prayer they are aided in holiness. These effects imprint on them (4) an indelible character {^'^), in consequence of which they are called the people of God or lay- men (^w), and are said to be "a chosen generation, a royal priesthood, a holy people " (^o^). If baptism is administered portion of His Spirit, leading towards perfection. Cyprian Ep. 62 (Oxf. 63) 8 : By baptism tlie Holy Spirit is received. Origen de Prin. i. 1, 3 : The Spirit is a sanctifying Power in which all are said to have a share who have deserved to be sanctified by his grace. Augustin ap. Gratian iii. Dist. IV, c. 43, says that those baptized outside the Church have the form but not the virtue or baptism of the Spirit. (198). Innocent iii. 1. c. : Some say that in baptism guilt is remitted, but grace is not conferred on infants ; others, that sin is both remitted and virtues are infused as to the possession (habitum), but not as to the exercise (usum) of them before they come to years of discretion. Thomas Aquin. Pars. iii. c. 69 : Children and adults are alike made meml)ers of Christ, and receive an influx of grace and virtue from the Head ; but a distinction must be made between the possession (habitus) and the exercise (usus). Liebermann vi. 192. (199). Iren. Haer. v. 20, 2 : It behoves us to flee to the Church to be brought up in her bosom. 1 John i. 3 ; Heb. xii. 23 : Ye are come unto Mount Zion, etc. Origen contra Celsum, vii. 29, viii. 5 ; Augustin ap. Gratian iii. Dist. IV. c. 31, gives it as his opinion that this third efi'ect is not received if baptism is received from a heretic or pagan. Cyprian Ep. 73 (Oxf. 74), 7. (200). Augustin De Bapt. contra Donatistas iii. 18, § 23 : We do not change the baptism of heretics. Why ? Because they have baptism in such wise as a deserter has his mark (character). So' they, too, have baptism . . . And yet if the deserter, being corrected, begins to serve, doth anyone ven- ture to change his mark % 1 John ii. 27 : tJ» xP'^'Ma ^ i^dpere air' avrov 4v VfJUV fJiiVil. (201). Ps. Ixxxii. 6 ; Iren. Haer. iii. 6 : Those who have received the grace of the adoption, by which we cry Abba Father, are called gods. 2 Pet. i. 4 : iVa Sm tovtuv yeuva-df Betas Koivcivhi ipvffiws. Hippolyt. Haer. X. 31 : God has elevated thee, man, to His own rank by having made thee even God to His glory. Id. Theoph. c. 8 : If man has Ijecome immortal, he will also be God. (202). 1 Pet. ii. 9 ; Apost. Const. li. 25 : Hear this, ye of the laity also, the elect Church of God. For the people were formerly called the people of God [Ex. xix. 5, 6] and an holy nation " [Heb. xii. 23]. You, therefore, are the holy and sacred Church of God enrolled in heaven a royal priest- hood, an holy nation, a peculiar people [1 Pet. ii. 9], a bride adorned for The Sacrament of Baplis7)i. (31 by force to an unwilling subject none of these effects follow, neither is the character received (^•'^) ; if to an infant or un- conscious subject, the effects are potential until they become actual through faith. A catechumen has not as yet received them. A penitent, although his sin is secret, has lost them until he is restored (-"'). 26. The baptised are a chosen generation or the elect C^"''), because they are not merely called as catechumens are (^^'*'), but by God's foreknowledge and preventing grace (^'^^) are actu- ally chosen out of the world (2««) to be the sons of God (2^*9), the Lord God, a great Church, a faithful Church [Rev. xvii, 14]. 1\M. II. 57 : Let the bishop pray for the people, and say : Save Thy people, Lord, and bless Thine inheritance, which Thou hast obtained by the precious blood of Thy Christ, and hast called a royal priesthood and an holy nation. Tertullian De Pudic. 7: a sheep means a Christian, and the Lord's flock are the people of the Church. (203). Innocent lii. 1. c. states that, if not actively desiring, he must at least passively consent, to receive baptism, because he who is baptized against his will neither receives the grace (res) of baptism nor the character. (204). Augustin ap. Gratian iii. Dist. iv. c. 36 : Pro peccato pro quo agebat penitentiam amiserat sanctitatem sed non amiserat sacramentum. (205). Acts ix. 13, xx. 28 ; John xv. 19 ; 1 Cor. i. 27, 28 ; James ii. 5 ; 2 John i. 1 ; Apost. Const, ii. 23. (206). Eev. xvii. 14, distinguishes (1) the KK-i]Toi or called ones, (2) the fKkeKToi or chosen ones [i.e., the baptized], and (3) the iria-roi or faithful ones. Eom. viii. 28 ; 1 Cor. i. 2, 24 ; Eph. iv. 4. (207). 1 Pet. i. 2 ; Rom. viii. 29 ; Gregory ap. Gratian, Cans, xxiii. Qu. IV. c. 21. Concil. Araus. il. 529, Can. 5, says the beginning of faith is not of ourselves, but of God's grace. Can. 6 : That without God's grace present in us, which makes us believe and ask, mercy is not bestowed because it is grace itself which enables us to believe and ask. Can. 7 : That by our own natural powers, without grace, we cannot think or choose anything availing to salvation. Boniface II, Ep. ii. ap. Lablje iv. 1688 : It is certain and catholic that in all good things, whereof faith is the chief, the divine mercy prevents us being yet unwilling, so that we may will ; is present in us when we will ; follows us also, that we may continue to the end. (208). John xvii. 6, 9, 14, 16, 20, 21 ; 2 Thess. ii. 13. (209). 1 John iii. 2; Justin Dial. c. Trypho c. 124 ; 2 Pet. i, 4: Being made l)artakers of the divine nature. Origin De Prin. i. 3, 7 : There is a special working of God the Father l)esides that by which He bestowed upon all things the gift of natural life. Und. iv. 1, 29 : Christ is in each individual 62 Short Mamials of Canon Law. through whom God is glorified (^^^). This choice is however collective and corporate, because all are not Israel which are of Israel (^^^), and the elect include among their number tares as well as wheat, the unclean as well as the clean, since not all who are chosen are faithful, and both clean and unclean entered the ark of old through the same door (^^2). 27. They are also a royal priesthood because, having received the indwelling Spirit by the baptismal unction ^^^), and thereby been made partakers of Christ's priesthood (^^^) and in as great a degree as the amount of his deserts allows. M. contra Cels. i. 57 : Every man who chooses good for its own sake is a Son of God. (210). John xvii. 1 ; 2 Thes. i. 10 ; 1 Pet. iv, 11. (211). Eom. ix, 6. (212). Cyprian Ep. 50, 3, a.d. 251 : Because we see that there are tares in the Church we should not therefore withdraw from the Church. De Unit. c. 20 : Neither does being a confessor make a man free from the snares of the devil, nor does it defend a man who is still placed in the world with a perpetual safeguard from temptations and dangers... Otherwise we should never see in confessors those subsequent frauds and fornications. Augustin in Daniel of Winchester in Haddan & Stubbs iii. 348, Gregory ap. Gratian, Cans, xxiii, Qu. iv. c. 15. (213). Ps. cxxiii. 2 ; Eph. ii. 22 : eV ^ [sc. xP'ct^] 'f"' yMe*"* (TvvoiKoloikCi.sQf: fls KaroLKTTipiov Tov 0eov iv irvfv^aTi. Eom. viii. 9 ; 2 Cor. vi. 16 ; Pseudo- Isidor. quoted above, § 19. Tertullian De Bapt. c. 7 : When we come forth from the font we are anointed according to the practice of the old discipline, wherein on entering the priesthood men were anointed with oil from a horn. Origen De Prin. i. 3, 7 : The Holy Spirit will take up his dwelling not in all men but in those whose land has been renewed. For this reason was the grace and revelation of the Spirit bestowed by the imposition of the apostle's hands after baptism. Apost. Const, in. 15 : The bishop shall anoint a woman's head as priests and kings were formerly anointed, not because those who are now baptized are ordained [Jewish] priests, but as being Christians or anointed ones from Christ the anoiated a royal priesthood and an holy nation. Innocent in. in Decret. Lib. i. Tit. XV. § 6 : Because Christ hath by His blood made us kings and priests unto God, for which cause Peter the Apostle says, Ye are a chosen race, a royal priesthood, therefore in the New Testament not only kings and priests are anointed but also all Christians ... § 7 : For Christ is so called from the anointing chrism, or rather the chrism is so-called from Christ .... But Christians are called after Christ, as anointed ones are derived from Him who is anointed. (214). Rev. i. 6 and v. 10 ; Tertullian de Jejun. c. 11 : We are all priests The Sacrament of Baptism. 63 kingship (2^^), the door of communication with heaven is always open to them. Hence the spirits of all good laymen are descril)ed as being altars, from which arises an incense which is spiritually sweet-smelling, viz. the prayers which ascend from a good con- science (^^''), and they are privileged to make offerings to God (2^''), not as though He stood in need of them, but to bring themselves into communion with Him (-^^). Nevertheless, the royal priest- hood of Christians, like that of the Jews of old, is primarily collective and corporate. The offerings of individuals are not of One only God the Creator and of His Christ. Augustin De Civ. Dei xx. 10 : As we call all Christians by reason of the mystical chrism, so we call all priests becanse they are members of one Priest. (215). Concil. Laodic. a.d. 363, Can. 48: That those who are enlightened ought after baptism to be anointed with the heavenly chrism and made partakers of the kingship of Christ. Eabanus ap. Gratian iii. Dist. iv. c. 88 : The baptised is anointed Avith chrism that he may be a partaker of Christ's kingdom. (216). Origen contra Celsum viii. 17: Clem. Strom, vii. 6 : The altar is the congregation of those who devote themselves to prayers. (217). Clem. Ep. 1 ad Cor. c. 41 : Let every one of you offer a thank- offering to God in his own order .... not exceeding the rule of the ministry prescribed to him. Tertullian Exhort, ad Cast. c. 7 : Are not even we laics priests ] It is written A Kingdom also, and priests to God the Father hath He made us. It is the authority of the Church which has established the difference between the ruling body (ordo) and the laity [the ruling body sitting whilst the laity stand in conventions], and the honour given through the formal seating of the ruling body has been hallowed by God. Where there is no formal seating [out of Church and at home] you offer and baptize, and are priest alone for yourself. But where three are, a Church is, albeit they be laics .... Therefore, if you have the right of a priest in your own person in cases of necessity, it behoves you to have likewise the discipline of a priest whenever it may be necessary to have the right of a priest. Cyprian de Unit. Eccl. c. 12, De Orat. Dom. c. 4. (218). Justin 1 Apol. c. 10 : God does not need the material offerings which men can give. Dial. Trypho, c. 22 : The temple God admitted to be His house, not as though He needed it. Iren. in. 20, 2 : The object of the long-suffering of God was that man passing through all things and acquiring the knowledge of moral discipline .... might always live in a state of grati- tude to the Lord . . . and might think of God in accordance with the Divine greatness, iv. 14, 1, and v. 2, 1 : God is in want of nothing, but Man stands in need of fellowship with God, iv. 16, 4 ; 17, 1 ; 18, 1. Athenag. Ap. 13. 64 Short Manuals of Canon Law. the sacrifice of tlie Church, nor are the prayers of individuals the prayers of the Church, but suffrages needing to be united to the suffrages of others before they can become effective as united prayers. (^^^) Although in cases of necessity a layman may bap- tize and indicate penance, yet under ordinary circumstances no one outside the official priesthood may do either ; (2^-') nor may a layman under any circumstances hallow the oblation or give the greater or lesser blessing (^^^ ). 28. The baptized are also a holy people, because they have been brought under the discipline which makes for holiness by God's acquisition of them (2^^), by union with Christ whom they bear about and represent (^^^) and by the indwelling (219). Clem Strom, vii. 7 : Cypiian De Orat. Dom. c. 8 : Before all things the Master of unity would not have prayer be made singly and individually . . . nor does each one ask that his own debt should be forgiven him. . . . but prayer is public and common. (220). Heb. V. 4 : No one taketh this honour upon himself, Inithe is called of God as was Aaron. Cyprian De Unit. Eccl. c. 1 7, ap. Gratian i. Dist. xc. c. 3 : Does he think that he has Christ who acts in opposition to Christ's priests, who separates himself from the company of his clergy and people ? . . . who forsaking God's priests dares to set up another altar and to make actions with unauthorised words, to profane the truth of the Lord's offering by false sacrifices % Socrates 1. 36, relates that the bishops took no notice of Asterius teaching heresy in public, because he was not enrolled in the catalogue of those admitted to holy orders, but they insisted that Marcellus, as a priest, should give an account of his book. Pseudo-Isidor. Ihid. Can. x, Qu. i. c. 7 : Because priests ought to pray for all whose alms and offerings they receive, how shall laymen presume to consume or give to others offerings which Christians iiiake for their sins, since having no official position they ought not even to pray for the people (cum non debeant ex officio suo pro populo orare). M Ibid. Cau. 1, Qu. 1, c. 81. (221). Apost. Const, ill. 10 : Neither do we permit the laity to perform any of the offices belonging to the priesthood, as, for instance, neither the sacrifice, nor baptism, nor the laying on of hands, nor the blessing either the smaller or the greater .... One to whom such an office is not com- mitted, who seizes upon it for himself, shall undergo the punishment of Uzziah [2 Chron. xxvi.] ; Ibid. ii. 27 : If Christ did not glorify himself without the Father how dare any man thrust himself into the priesthood who has not received that dignity from his superior % (222). 1 Pet. ii. 9 ; Acts xx. 28 : Take heed ... to feed the Church of God which he acquired for Himself (7r6pi67ro<7j(raTo) by means of His own blood. (223). Gal. vi. 17 ; ii. 20 ; Cyril Catech. iv. : We thus become Chris- The Sacrament of Baptism. 65 Spirit which sanctities them (--•). For this reason they are for- bidden to phice themselves or their fellow-Christians in close con- tact with pagans or Jews as servants or slaves (--•'') ; to take jmrt in Jewish or heathen rites (--"), to be on terms of intimacy ("'^), tofers, i. e. bearers of Christ when we have received His body and blood into our members. Ignatius, Eph. 9 : Ye are God-bearers, shrine-bearers, Christ-bearers, holiness-bearers. Iren. iv. 20, 12 : The Church is sanctified by fellowship with His Son. Tertullian De Poenit. c. 10 : In company of two is the Church, but the Church is Christ. When you cast yourself at the brethren's feet, you are handling Christ. When they shed tears over you it is Christ who suffers. Origen. De Prin. iv. 1, 29, (juotcd note 209. (224). Iren. Frag. 26 : Every man is either empty or full. If he has not the Spirit .... he has not received Jesus Christ the Light .... If he receives God, AYho says, I will dwell with them and walk in them, such an one is not empty but full. Origen De Prin. i. 3, 8 : On this account is the grace of the Holy Spirit present that those beings who are not holy in their essence may be rendered holy by participating in it. Id. cont. Celsum VIII. 18. Clem. Strom, vii. 5, says In them God is enshrined. Cyril Catech. xxi. : Ye were made Christs by receiving the sign of the Holy Ghost \i. e. the chrism]. (225). Egbert's Excerpt. 150 a.d. 740 : It is unlawful that they be made bondslaves to Jews, whom Christ hath redeemed by the effusion of His blood. Ine's Law 8, a.d. 693 : If one buy a slave or freeman of his own nation (though he be a malefactor) and send him over sea, let him pay his wer-gild and make deep satisfaction to God. Dunstan Can. 54, a.d. 963 ; Concil. Ensham, a.d. 1009, Can. 6 ; Cnut's Law 6, a.d. 1018 : We forbid any Christian to be sold Avholly out of the land or into a heathen country, lest the soul which Christ bought with His own life should perish. Concil. Westminster, a.d. 1102, Can. 27; Concil. Lat. ill. a.d. 1179, Can. 26, in Decret. Lib. v. Tit. vi. c. 5 : Jews and Saracens may not have Christian slaves in their houses . . . Let those be excommunicated who presume to dwell with them. (226). Syn. Trull, a.d. 692, ap. Gratian, Cans, xxviii, Qu. 1, c. 13: Let no one in Holy Orders, or layman, take part in the Jewish feast of un- leavened bread, or dwell with Jews, or call in any one of them in sickness, or take medicine from them, or enter the bath with them. Egbert's Excerpt. 147, a.d. 740 : That no Christian observe Pagan superstitions. If any man attend the lustrations of pagans let him do penance 5 years. Concil. Chelsea, a.d. 787, Can. 19. See Chapter on Crimes. (227). Concil. Agath. a.d. 506, Can. 40, ap. Gratian, 1. c. c. 14 : Let all clergy and laity avoid in future the entertainments of Jews, nor let any one invite a Jew to an entertainment. Concil. Matiscon, a.d. 581, Can. 15, ^Q Short Manuals of Canon Law. or to intermarry with non-Christians (^^^) ; to associate with catechumens in prayer (2^^), or to engage in degrading professions, such as those of jockeys, and actors (^^°). Although force may be used to retain those who are already Christians within the limits of duty (2^^), yet force is forbidden to be used to outsiders to increase their number (2^^). Duties of the Baptized. 29. By the baptismal profession Christians take upon them- selves three obligations : (1) that of dissociating themselves from the devil ; (2) that of associating themselves with the Christian body, and (3) that of knowing God and keeping his command- ments (^^^). By the first they are pledged to avoid all Egbert Excerpt. 146, a.d. 740 : That no Christians presume to judaise or to be present at Jewish feasts. (228). Cyprian De Laps, c. 6, censures men for " uniting in the bond of marriage with unbelievers." Concil. Arelat. I. a.d. 305, Can. 11, requires a girl to be excommunicated who marries a non-Christian. Concil. Agath. Can. 67, 1. c. c. 16 : It behoves not to intermarry with heretics, or to give them sons or daughters, but rather to receive their sons and daughters upon their undertaking to become Catholic Christians. Concil. Aurel. 11. A.D. 533, Can. 19 ; Concil. Ai'vern. a.d. 535, Can. 4, 1. c. c. 17 : If any one by the marriage-tie is mixed up with Je'wish depravity . . let him be separated from the company and fellowship of Christians. (229). Apost. Const, vill. 33 : Let not one of the faithful pray with a catechumen, at least not in the house. Concil. Araus. a.d. 441. Can. 20, forbids catechumens to receive the blessing at private prayers. (230). Concil. Arelat. A.D. 314, Can. 4 and 5, says jockeys and actors, Apost. Const. VIII. 32. (231). Augustin, ap. Gratian, Cans, xxiii. Qu. iv. c. 1., 38, 40, 43 ; Innocent iii. in Decret. Lib. ill. Tit. XLll. c. 3. (232). Apost. Const. 11. 63 ; Concil. Tolet. iv. a.d. 633, ap. Gratian, i. Dist. XLV. 5 ; Gregory, Ihid. c. 4, Decret. Lib. v. Tit. vi. c. 9. Devoti Inst. Lib. n. Tit. 11. § 28. (233). Math. xix. 17 ; Cyprian de Orat. Dom. c. 15 : Now that is the will of God which Christ lioth did and taught ; humility in conversation, stead- fastness in faith, modesty in words, justice in deeds, mercifulness in works, discipline in morals, inability to do a wrong and ability to bear a wrong ; to keep peace with the brethren, to love God with aU the heart, to love Him LITURGICAL. Solemn Mass at Rome in the fiinth Century. A Paper read before the Exeter Diocesan Architectural and ArchaBolo|ical Society. Bv Rev. OSWALD J. REICHEL, M.A., late Vice-Principal of c'.u.Kl.^sdoM 8vo., ONE SHILLING. Notes on certain Rubries. From Canon Law. JudgmGiits of the Ordiuary and earlier Liturgical directions, by the late M.\ckenzie, E. (". Walcott, B.D.. &c.. author of Sacred Archaeology, &c., .n:c. Price 6d. Tlie Service for the celebration of Holy Communion, oQnimouly ailed The Cauon, according to the use of the Illustrious Church of -jarum in England, newly done into English. Price 6d. The Sacrifice of Praise. Two papers read at Church Coni^resses, on Church music, by the Rev. Thomas Helmork, M.A., Author of the Psalter and Canticles Noted, Ac. Price 6d. Notes on Symbolism By the author o±\Note.s on iho Mouth. Price Is. Either of the above Post Free on receipt of the Price. JOHN HODGES, Bedford Street. Strand, 66 Short Manuals of Canon Law. The Sacrament of Baptism. &7 unrighteousness and sin ; by the second to conform to the Church's laws whicli under the Spirit's guidance (2^*) and in the exercise of the power committed to it by Christ have been framed for the good of all ("^) ; by the last, to eschew many things which are allowed to others because they are not steps which lead to God (-^*^), and to look on other things in a new light as things consecrated by God. 30. Sin is defined to be anything which is not consonant with as a Father, to fear Him as God, to prefer nothing to Christ because He preferred nothing to us, to adhere to His love, to stand by His cross bravely ... to exhibit in discourse constancy of confession, in torture confidence in battle, in death that patience whereby we are crowned. De Unit. Eccl. c. 2 : How can we possess immortality unless we keep his commandments. Wul- stan of York, ap. Whelock, 487 : Let us always profess one true faith and love God with all our mind and might, and carefully keep his command- ments and give to God that part of our substance, which by His grace we are able to give and earnestly avoid all evil, and act righteously to all others, i. e. behave to them as we would have others behave to us. He is a good Christian who observeth this. Cnut's Law, 30, a.d. 1018 : Let every man do all he possibly can for the honour of his Lord, both in word and deed, always with cheerfulness. (234). Athanasius,ap.Gratianl. Dist. xvi.c. 12, says of the synod of Nicaea : It seemed good to the bishops filled with the Holy Ghost. Hormisdas, Ihid. I. Dist. IV. c. 58 : In the 318 bishops [at Nicaea] we believe the Holy Ghost spoke. In Socrates l, 9, the synodal letter of the council ends : Pray that the decisions to which we have come may be inviolably maintained thro' Almighty God and our Lord Jesus Christ, together with the Holy Spirit. Concil. Lugdun. i. a.d. 517, Can. 6 : Those matters which have been treated of and determined by us by divine inspiration. Concil. Brae. ll. a.d. 572 : They indited canons by the mediation of the Holy Ghost. Concil. Tolet. VIII. A.D. 653, Can. 2, prays : Breathe on us O Holy Ghost. (235). 1 Cor. viii. 11 ; Concil. Chelsea, a.d. 787, Can. 6 : That the judg- ments of bishops which have been confirmed by us or our predecessors by a synodal decree be not infringed, but remain firm and irrefragible. Lynd. 38, 11 : He to whom a command is given is held under obligation to fulfil that command unless he has a just excuse. Cyprian De Unit. Eccl. c. 6 and Ep. 54 (Oxf 59), 2, calls this upholding " the sacrament of unity." (236). Iren. Haer. iv. 9, 3 : There is one salvation and one God, but the precepts which form the man are numerous, and the steps which lead man to God are not a few. Tertullian De Pudic. c. 6 ; Iren. iv. 20, 5 : It is not possible to live apart from life, and the means of life are found in fellowship with God; but fellowship with God is to know God and to enjoy His goodness. F 2 68 Short Manuals of Canon Law. the new life of faith {^^'^). Hence sins are not confined to wrong actions, but include wrong intentions (^^^). Those which are done by persons responsible for their actions are called formal sins ; those which are done without any intention to do wrong material or excusable sins (^^^), and those to which particular ages or classes of men are prone are called besetting sins (^*°). Formal sins are of two degrees (1) those which entirely interrupt the new life and introduce a state of enmity towards God called mortal sins (^*^) ; (2) those which mar but (237). Rom. xiv. 23 ; Iren. iv. 39, 1 : To obey God and to believe Him and keep His commandments, that is the life of man ; not to obey God is evil, and this is death. Origen de Prin. i. 5, 7 : Sin is swerving from rectitude and justice. Augustin ap. Gratian, Cans. xv. Qu. 1, c. 1 : Sin is the wish to attain or retain that which right forbids. (238). Tertullian De Poenit. c. 3 : Every sin is matter of act or of thought. De Pudic. c. 6 ; Iren. ii. 32, 1 ; Cyprian De Mortal, c. 17 : In Cain the evil thought and intention were foreseen by a foreseeing God. Decret. Lib. v. Tit. XXXIX. c. 54 : Evil deeds are distinguished by will and intention. Lynd. 236, 260 : There must be a guilty mind to do a deed of guilt ; 121 : to constitute theft there must be animus furandi ; 287, 322 ; Devoti Lib. il. Tit. II. § 2. (239). Iren. iv. 31, 2 : The daughters of Lot acted thus after their sim- plicity and ignorance . . . Wherefore they are to be held excusable. Gra- tian I. Dist. VI. c. 2 : Every sin is completed by three steps [1] the bare sugges- tion ; [2] the being pleased with the suggestion ; [3] the consenting to the suggestion. The suggestion comes from the delight, the pleasure it creates from the flesh, the consent from the spirit. Augustin, Ihid. Caus. xxiii. Qu. IV, c. 23 and Caus. xxxiii. Qu. in. Dist. ii. c. 21 and Dist. i. c. 71 ; Theodori Poenit. 1, vii. 4, a.d. 673, in Haddan & Stubbs, in. 182 : It is a [simple] indulgence of evil thoughts when they are neither carried into execution nor assented to. (240). Iren. Haer. ii. 24, enumerates 5 ages in life, and Lynd. 303, enumerates the besetting sins of boys, old men, noblemen, legal men, mechanics and the poor. (241). Gal. V. 19, mentions sins which exclude from inheriting the king- dom of heaven. Origen De Prin. i. 2, 4 ; contra Celsum i. 3 ; Iren. Haer. V. 27, 2 : To as many as continue in love towards God does He grant com- munion with Him. But communion with God is life and light . . . But on as many as according to their own choice depart from God He inflicts that separation, which they have chosen of their own accord. But separa- tion from God is death. Tertullian De Pudic. c. 2, distinguishes (1) sins which are remissible, and (2) sins which are irremissible. Augustin, ap. The Sacrament of Baptism. 69 do not interrupt the life of grace called venial sins. There are usually said to be seven mortal sins i^^"\ viz. pride, envy, anger, indifference or accidia, covetousness, gluttony, luxury. The enumeration is not however uniform, nor has the term mortal sin always meant the same thing (2*^). In the earliest times only idolatry, murder and adultery were accounted mortal, in the sense that they altogether severed the soul from God (-•*•*). In subsequent times all those actions or habits of mind which tended to do so, including the entire off- spring of the seven deadly sins i^^^) were called mortal, because Gratiau, Caus. xxxili. Qu. ill. Dist. i. c. 84 : Wlien sucli a crime has been committed tliat he who has committed it is separated from the body of Christ. U. Ibid. Dist. vil. c. 6 : Some sins there be which are sins unto death (mortalia), and in penance they become a source of life (vitalia). Id. Ibid. Dist. I. c. 8, calls them mortifera. Ibid. I. Dist. xxv. c. 3, capitalia, also Cans. xxil. Qu. l. c. 17 ; Prosper, Ibid. Dist. iv. c. 14 : He who recedes from Christ and ends his life alien from grace, how can he escape falling into perdition ? Cnut's Law 23, a.d. 1017. Const. 2, Edmund a.d. 1236, forbids a priest to execute the duties of his office whilst labouring under mortal sin. 13 Ed. l. St. iv. c. 1, a.d. 1285, mentions mortal sin. Const. 5, 8 and 9, Reynolds, a.d. 1322 ; Lynd. 60, 236, 334. (242). Tertullian adv. Marcian iv. 9, enumerates 7 deadly sins, viz.: idolatry, blasphemy, murder, adultery, fornication, false witness, fraud. Isidor. ap. Gratian, Caus. xxxil. Qu. vil. c. 15, mentions septem vitia. Const. 9, Peckham, a.d. 1281. Lynd. 328. (243). Gal. V. 19-21, enumerates 17, adding /col ri '6ixoia. Augustiu, ap. Gratian i. Dist. xxv. Pars. Ill, enumerates 12, viz.: sacrilege, murder, adultery, fornication, false-witness, theft, robbery, pride, hatred, avarice, and, if persisted in, anger and drunkenness. Cap. 31, Theodulf, a.d. 994, says there are 8 capital sins, viz. : gluttony, unlawful copulation, worldly grief, covetousness, vain glory, envy, anger, pride. (244). Tertullian De Pudic. c. 5. (245). Concil. Brae. ll. a.d. 572, Can. 1, ap. Gratian, Caus. x. Qu. I. c. 12 ; Const. 9, Peckham, a.d. 1281 : (1) Pride is a love of one's own excellency from whence spring boasting, ostentation, hypocrisy, schism and the like ; (2) envy is the hatred of another's felicity from whence comes detractation, murmuring, dissension, perverse judgment and the like ; (3) anger is a desire of revenge and of hiirt to another, which when it rests in the heart produces hatred, persecution in word and deed, blows, slaughter and the like ; (4) indifference [or carnal security, accidia] is a loathing of spiritual good, insomuch that a man delights not in God nor in divine praises, and 70 Short Manuals of Canon Law. if indulged in they bring about a relation of enmity to God. Venial sins i^'^^) and all shortcomings of omission or commis- sion, which spring from natural inadvertence and to which the will does not consent, are forgiven in the daily prayer for forgiveness prescribed for the use of all who are in a state of grace (2*^). 31. The laws of the Church as laid down in the provincial constitutions of this country require all included in the Christian society to cultivate the three so-called theological virtues, viz. faith, hope and charity (^*^), and as a necessary means thereto to know the Creed and the Lord's Prayer (2*^) ; to pursue the four cardinal virtues P^°), viz. prudence, justice, temperance it is attended with laziness, cowardice, despair and the like ; (6) covetous- ness is an immoderate love of plenty, whether in moveables or immoveables, and that either in getting or keeping them, from whence comes fraud, theft, sacrilege, simony and all filthy lucre ; (6) gluttony is an immoderate love of the pleasures of taste in eating or drinking, and there are 5 ways of sinning in it, viz. : unseasonably, daintily, excessively, eagerly, and pre- meditatively .... (7) luxury needs no explanation whereof the stench infests the common air. Lynd. 60, 61, 282, 334, 174. Const. 9, Keynolds, a.d. 1322. (246). Cyprian De Orat. Dom. 12 : We have need of daily sanctification that we who daily fall away may wash out our sins by continual sanctifica- tion. And what the sanctification is the Apostle declares 1 Cor. vi, 9. Augustin ap. Gratian i, Dist. xxv. Pars. iii. Id. Caus. xxxii. Qu. ii. c. 3, calls immoderate license of the married a venial sin. Ambros, Ihid. Caus. XXXIII. Qu. III. Dist. III. c. 2 : We ought always to bewail past sins, •i.e. lesser shortcomings. Gregory Dial. Ibid. I. Dist. xxv. c. 4 ; Lynd. 226, says that omitting a psalm in service is venial. Ibid. 342. (247). Augustin ap. Gratian i. Dist. vi. c. 1 : Among the Jews venial sins were always remitted by ceremonies. Id. Ihid. I. Dist. xxv. c. 3 and Caus. XXXIII. Qu. iii. Dist. in. c. 20 : As to daily lighter and lesser short- comings, without which this life cannot be led, the daily prayer of the faithful makes satisfaction. Lynd. 237. (248). Concil. Clovesho. a.d. 747, Can. 20 ; Const. 9, Peckham, a.d. 1281 ; Lynd. 63. (249). Can. 23 Elfric, a.d. 957 ; Edgar's Law 22, A.D. 960 ; Cap. 22 Theodulf, a.d. 994 ; Cnut's Law 22, a.d. 1017. (250). Egbert's Dial. 16, a.d. 734; Concil. Ensham, a.d. 1009, Init. Const. 9 Peckham, a.d. 1281. Lynd. 63. The Sacramait of Baptism. 71 and fortitude {"^'^) ; to exercise forgiveness and compassion by practising the seven spiritual and the seven corporal works of mercy ("2) ; every Sunday and high day to join with the faithful in the solemn Eucharistic worship ("^) ; to pray for themselves at least twice a day (2^''), and as often to confess their (251). Origen De Prin. 11. 5, 3, mentions justice, prudence, sol)riety and all the other virtues. Alfred's Law, 1, a.d. 877 ; Cap. 21 and 35 Tlieodulf, A.D. 994 ; Const. 9 Peckhani, a.d. 1281, requires the 10 commandments of the decalogue, the 2 precepts of the Gospel or of love to God and man, the 7 works of mercy, avoidance of the 7 capital sins with their progeny, the practice of the 7 principal virtues and the 7 sacraments of grace. As to the di^•ision of the decalogue see Lynd. 54, 55. (252). Const. 9, Peckham, a.d. 1281 : Six corporal works of mercy are manifest from St. Matthew's Gospel, viz. : to feed the hungry, to give drink to the thirsty, to entertain strangers, to clothe the naked, to visit the sick, to comfort the prisoner. The 7th is inferred from Tobit, which is to bury the bodies of the dead. Lynd. 60 enumerates the 7 spiritual works of mercy as teaching the ignorant and advising the doubting. (Gratian i. Dist. XLV. c. 9, and^xLiii. c. 1), rebuking the erring (1 Dist. XLV. 15), forgiving injuries (Gratian i. Dist. l. c. 53), comforting the distressed (Cans. ill. Qu. IX. c. 14), showing compassion (1 Dist. XLV. c. 15), praying for all (i. Dist. XXXVI. c. 3). They are commemorated in the line Consule, castiga, reniitte, solare, fer, ora. Cap. 21, Theodulf, a.d. 994. (253). Const. Islep, a.d. 1359, says at their parish church. Lynd. 54. (254). Apost. Const, vii. 47, prescribes for morning prayer : Glory be to God in the highest and upon earth peace among men of goodwill. We praise Thee, we hymn Thee, we bless Thee, we glorify Thee by Thy great high Priest— Thee^Vho art the true God, Who art the One Unbegotten, the only inaccessible Being— for Thy great glory Lord and heavenly King, O God the Father Almighty, Lord God, the Father of Christ the immaculate Lamb Who taketh away the sin of the world, receive our prayer, Thou that sittest upon the Cherubim. For Thou only art holy, Thou only art the Lord Jesus, the Christ of the God of all created nature and oui- King, by Whom glory, honour and worship be to Thee. Id. 48 prescribes for evening use : Ye children praise the Lord, praise the name of the Lord. We praise Thee, we hymn Thee, we bless Thee for Thy great glory, Lord our King, the Father of Christ, the immaculate Lamb, Who taketh away the sin of the world. Praise becomes Thee, hymns become Thee, glory becomes Thee, the God and Father through the Son in the most holy Spirit, for ever and ever. Amen. Now O Lord lettest Thou, &c. Conf. Poly carp's dying prayer in Euseb. iv. 15, Can. 23 Elfric, A.D. 957, Cap. 29 Theodulf, a.d. 994: Also ye shall admoni.^h your 72 SJiort Manuals of Canon Law. sins (^^^); to assist at the processional litanies i^^'^) on Wednesdays and Fridays (^"), and also on Sundays and festivals(^^^), to submit themselves once a year for examination as to the fulfilment of these obligations i^'"'^), and to communicate at least thrice a year (2«f'). 32. They also require them to honour and support those who parisliioners that tliey apply themselves to prayer. In this manner ye shall teach them to pray. First they shall sing Credo, since it is most proper that they shew the firmness of their right faith. And after he hath sung Credo let him say thrice : God, Thou art my Creator, have mercy on me, and thrice : God he merciful to me a sinner. After that let him sing Pater Noster, and after that, if he have place and leisure, let him first pray to St. Mary and the Holy Apostles and Martyrs, and all God's saints, that they would intercede for him to God ; and then, arming his forehead with the holy Rood token let him, with uplifted hands and eyes, give thanks to God for all that He has given him, both prosperity and adversity. If he have not leisure for the doing of it all in this manner, then let him say simply : God, Thou art my Creator, have mercy on me, and thrice, God be merciful to me a sinner, and then, with inward heart, let him say Pater Noster and sign himself. (255). Cap. 30 Theodulf, a.d. 994. (256). Can. 2 Athelstan, a.d. 1014, orders Litanies against the Danes. Litanies are said to have been first introduced in the West, a.d. 461, by Mamertus of Vienne (Gregor. Turon. Hist. ii. 34, Palmer i. 270), probably in imitation of the Eastern Church. Gregory, a.d. 590, introduced the Litania Septena or Litania Majoi' on 25 April, said by 7 groups of clergy, men, monks, virgins, married women, widows and children, each starting from a separate church and meeting at a principal church, which Concil. Clovesho. A.D. 747, Can. 11, adopted for this country. Alfred's Law 5, A.D. 877 ; Athelstan's Law 1, a.d. 926 ; Const. 35 Othobon, a.d. 1268. (257). Const. Islep, a.d. 1359, prescribes two customary processions about Churches and Churchyards every week, for the peace of the Kingdom. (258). Const. Bourchier, a.d. 1454, after the capture of Con- stantinople orders "that men celebrate processions, on the Lord's day and festivals, and sing or say the Litanies with other suftrages as well as on Lord's days and festivals as on every Wednesday and Friday." (259). Concil. Lat. iv. a.d. 1215, Can. 6 in Decret. Lib. v. Tit. xxxviii. c. 12 ; Const. 3, Sudbury a.d. 1378. (260). Const. 4, Sudbury a.d. 1378. The Sacrament of Baptism. 73 bear rule over them (-"'), the bishop as the high priest of God who stands to them in the place of Christ (-«-)> the presbyters as those who watch for their souls (''==^), consecrated virgins and widows as the Church's altar of incense (2«'») ; to show outward respect for God by reverencing the sacred name i^^^), commemo- rating founders and builders of Churches (2«'% and not despising (261). 1 Cor. IX. 14 : The Lord hath ordered that they who preach the Gk)spel should live of the Gospel. Apost. Const, ii. 25 : Those who attend upon the Church ought to be maintained by the Church as being priests, Levites, presidents and ministers of God . . . Those which were then first- fruits and tithes and offerings and gifts, now are oblations which are presented by holy bishops to the Lord God thro' Jesus Christ, Who died for them. For these are your high-priests, as the presbyters are your priests and your deacons instead of Levites ; as are also your readers, your singers, your door-keepers, your deaconesses, your widows, your virgins and your orphans. But He Who is above all these is the High Priest ... As yours is the biu-den, so you receive as your fruit the supply of food and other necessaries. Imiocent iii. in Deere t. Lib. iii. Tit. v. c. 16 ; Coucil. Lat. ^v^ Can. 32 Ihii. Lib. in. Tit. v. c. 30. (262). Apost. Const, ii. 20 and 26 : Let the bishop preside over you as one honoui'ed with the authority of God, which he is to exercise over clergy, and by which he is to govern all the people. Anibros. ap. Gratian, Cans. XXXIII. Qu. v. c. 19 : A woman ought to appear veiled as well before a bishop as a judge, because a bishop is the Lord's vicar. (263). Heb. xiii. 17. (264). Apost. Const, ii. 26. (265). Concil. Lugdun. ll. a.d. 1274, in Sext. Lib. ill. Tit. xxiii. c. 2 : Whilst the sacred offices are being celebrated, whenever the glorious name of Jesus Christ is mentioned, let all bend the knees of their hearts, and attest the same by bowing the head. Concil. Vien. a.d. 1311, in Clem. Lib. III. Tit. XIV. c. 2 ; Lynd. 112, 184. (266). This is the reason for the feast of the title. Concil. Clovesho, a.d. 747, Can. 17 : That the birthday of the blessed pope Gregory and also the day of the deposition of St. Augustine, the archbishop and confessor, who being sent to the nation of the English by the said pope, our father Gregory, first brought the knowledge of faith, the sacrament of baptism, and the knowledge of the heavenly country ... be honourably observed by all. Clement in. a.d. 1188, in Decret. Lib. iii. Tit. xxxviii. c. 25, secures to patrons the honor processionis or right to walk among the clergy. Concil. Tolet. IV. A.D. 633, Can. 37, ap. Gratian, Cans. xvi. Qu. vii. c. 30, and Leo IV. A.D. 850, Ihkl. c. 29, secure to them support from the church in case of their falling into poverty. See Concil. Lat. iv. a.d. 1215, Can. 32, in Decret. Lib. III. Tit. V, c. 30. 74 Short Manuals of Canon Law. offerings for the dead (2*"'), kneeling (^^'^), bowing (^^^), the use of incense P''°), devotional lights (^''^) and the kiss of peace (^''^j ; and to give alms of their goods to their poorer brethren, as those who share with themselves the grace of life and are equally representatives of the person of Christ i^"^"^). 33. The obligation to keep God's commandments places on a higher platform the otherwise civil relations of (1) husband and wife, (2) master and man, (3) sovereign and people. The married relation is invested with a sacramental character. In the relation of master and man and on a larger scale in that of employer and employed, personal rights which are of human creation (^^^) are tempered by regard for the well-being of others, which is a divine injunction f '^). The relation of sovereign and people (267). Concil. Gangra, a.d. 355, ap. Gratian i. Dist. xxx. c. 9 ; Const. 8, Arundel, a.d. 1408. (268). Kneeling was allowed on station days, Wednesdays and Fridays. Tertullian de Orat. c. 23 : At fasts and stations no prayer should be made without kneeling ; for then we are not only praying but deprecating wrath. On Sundays and from Easter to Pentecost kneeling is forbidden (except to penitents) by Concil. Nic. a.d. 325, Can. 20, ap. Gratian iii. Dist. iii. c. 10, Conf. 1 Dist. XXVI. c. 7 and Caus. vi. Qu. vii. c. 6. (269). Const. 8, Arundel, a.d. 1408 ; Lynd. 298. (270). Theodori Poenit. ii. 1, 9, in Haddan & Stubbs, ill. 191 : Let the Lord's incense be burnt on the natal day of the saints out of respect for the day. Edgar's Law 43, a.d. 960, Lynd. 298. (271). Theodori Poenit. ii. 1, 8, Ihid. p. 197. Law 6 Alfred & Guthrum, A.D. 878 ; Concil. Ensham, a.d. 1009, Can. 12 and 13 ; Cnut's Law 12, a.d. 1017, re(|uire payment of light shot. Const. 8, Arundel, a.d. 1408 ; Lynd. 298. (272). Const. 8, Arundel, a.d. 1408. (273). Luke xiv. 13 ; xviii. 22 ; Rom. xv. 26 ; 1 Cor. xiil. 3 ; Gal. II. 10 ; James iii. 5 ; Ambros. ap. Gratian i. Dist. Lxxxvi. c. 14 ; Cap. 34 Theo- dulf, A.D. 994 : It is the duty of every man to give alms to them that are in want, yet more on the days on which we fast than on other days, Lynd. 209. (274). AiSaxij I. 5. Augustin, ap. Gratian 1, Dist. viii. c. 1 : By divine law the earth is the Lord's and the fulness thereof ... By human law this is mine, that is thine. Clem. Recog. x. 5, and Pseudo-Isidor. Ihid. Caus. xil. Qu. I. c. 2 : The use of all things which are in the world ought to be common to all men, but by means of iniquity one calls this his, another calls that. (275). 1 Cor. X. 24, xiil. 5 ; Phil. li. 4. Theodori Poenit. ll. iv. 1, A.D. The Sacravicrit of Baptism. 75 becomes an expression of God's government of the world, and thus human laws become God's commands. 34. The slave is not set free forthwith when such action would inflict injury on others f=), but the Christian slave is taught not to despise his master i^'''). Neither offenders (2^**) nor yet others of their own free will or in cases of necessity (2^^) are forbidden to be reduced to slavery, but Christian masters are bidden not to oppress their slaves (2**^), to regard them as brethren (281) and the Lord's freemen (2**2), to afford them 673, in Haddan & Stubbs ill. 193 : In baptism sins are released, but not the conjugal tie witli a wife, since sons born before baptism, as well as those born after baptism, are equally the sons of the baptized. (276). Gregory, in Decret. Lib. iv. Tit. v. c. 2, requires a slave who has been emancipated on condition that he would join a monastery, to do so or otherwise to return to slavery. See note 288. (277). Eph. VI. 5, 1 Tim. vi. 1 ; Concil. Gangra, a.d. 355, Can. 3, ap. Gratian, Cans. xvii. Qu. iv. c. 37 : If any one teaches the slave of another to despise his master because of religion, and not rather to serve him with all honour, let him be anathema. Apost. Const, iv. 12 and VIII. 32. (278). Concil. Tolet. li. a.d. 531, Can. 3 mentions women-slaves, and requires a priest to hand over such to the charge of his mother or sister, Concil. Hispal. 1, a.d. 590, Can. 3 allows bishops to claim such slaves to their own use if the above rule were disobeyed. Theodori Pcenit. II. II. 5, A.D. 673, in Haddan & Stubbs iii. 191 : A bishop or an abbot may have a man convicted of crime as a slave if he have no means of redeeming himself. Concil. London, a.d. 1108, Can. 10 : The bishop shall have their adulterous concubines [as slaves]. (279). Concil. Gall. a.d. 616, Can. 14 : Freemen who have sold them- selves may be redeemed for the same sum so soon as the money can be got together. Theodori Poenit. ll. xili. 1, 1. c. p. 202 : A father compelled by necessity may sell his boy as a slave before he is 7 years old, afterwards he may not do so without his consent. (280). Concil. Tolet. iii. a.d. 589, Can. 21, ap. Gratian, Cans. xii. Qu. ll. c. 69 and 39. (281). Elfric's Hom. I. 261 : Christian men are brothers, whether liigh or low, noble or ignoble, lord or slave. The wealthy is not better on that account than the needy. As boldly may the slave call God his father as the king. We are all alike before God, unless any one excel another in good works. (282). Col. IV. 1 ; 1 Cor. vii. 22 ; Eph. vi. 9. 76 Short Manuals of Canon Lazo. opportunities for the discharge of their religious duties (^^^), to respect their persons (-*^*) and their marriages (^^^), ever remem- bering that " to exercise pressure for the sake of gain and to seek to make a profit out of the needs of others is contrary to all law, human and divine" (^^^). At the same time the eman- cipation of slaves is encouraged (2^''), proper compensation being made for loss occasioned thereby (^**'^). Formerly in this country all native-born Englishmen who had been awarded as slaves (283). Alfred's Law 20, a.d. 877. (284). Alfred's Law 13, a.d. 877, punishes violence done to a woman-slave. (285). Concil. Cabilon. 11. Can. 30, a.d. 813, ap. Gratian Cans. xxix. Qu. 11. c. 8 : We decree that the marriages of slaves be not dissolved, though they belong to different lords. (286). Leo XIII's Encyclical, 1891, p. 13, 14. (287). Concil. Aurel. iv. a.d. 541, Can. 30, requires the slaves of Jews who take refuge in churches to be bought free by raising a subscription and paying a reasonable price for them. Concil. Tolet. iv. a.d. 633, ap. Gratian, Cans. sii. Qu. 11. c. 5 ; Concil. Matiscon 1. a.d. 581, Can. 16 ; Athelstan's Law 1, a.d. 925 : That ye set at liberty some one that for his crimes has been condemned to slavery for the mercies of Christ. Slaves were formerly emancipated in three ways : (1) by placing a penny in the slave's hand, which the prince struck out of it. See Devoti Inst. Lib. 1, Tit. 1, § 1. This was civil enfranchisement. Such freedmen were called denariales liberti or penny freedmen. (2) By giving the slave freedom at the altar. Concil. Carthag. V. a.d. 401, Can. 8, in Codex Eccles. Afr. 64 : Respecting the celebration of manumissions in churches, if our brother bis- hops in Italy are found to practise it, it will be our aim to follow faithfully their procedure (ordinem). Wihtraed's Doom, a.d. 696 : If a man give freedom to a slave at the altar. Instances at the altar of St. Petrock in Haddan & Stubbs, i. 676, in Exeter Cathedral, Hid. I. 688, and Leofric's Missal LViii. (3) The third mode of manumission was by will or instru- ment (per chartulam or per brevem). Such were called chartularii or tabularii. Concil. Araus. a.d. 441, Can. 7, mentions those set free in Church or by will. Concil. Hispal. I. a.d. 590, Can. 1, those set free by a bishop's will. Concil. Tolet. vi. a.d. 638, Can. 9, requires those eman- cipated by a bishop to produce their certificates before his successor. Concil. Tolet. IX. A.D. 655, Can. 11, dates their freedom from the bishop's death. Theodori Poenit. i. vii. 5, a.d. 673, in Haddan & Stubbs, ill. 183 : Of those set free (de egressis) Theodore held the value of a man or woman to be equivalent to a year [of penance]. (288). Concil. Hispal. i. a.d. 590, Can. 1, allows a bishop's grants of emancipation to stand if he has left his property to the Church, but Concil. TJic SacniDicnt of Daptisni. 11 to a bishop for some crime were required to be set free on his death ; and every bishop and abbot in the province was on every such event required, at his own expense, to emancipate three of his own slaves and to provide them with an outfit i^^^'). Freed slaves were, moreover, taken under the Church's pro- tection (-''^'), and runaway slaves not allowed to be given up to their masters until the latter had given security not to take their lives (-"^). 35. Since the powers that be are God's ministers (^^2) Tolet. IV. A.D. 633, Can. 66, ap. Gratian, Cans. xii. Qu. ii. c. 29, and Decret. Lib. III. Tit. XIII. c. 4 : Let not bishops who have made no compensation to the Church of Christ out of their owai property .... presume to set free slaves belonging to the estate of the Church. Concil. Emerit. a.d. 666, Can. 20, 21 ; Synod, viii. a.d. 869, ap. Gratian i. ; Dist. Liv. c. 22 ; Egbert's Excerpt. 70, a.d. 740. (289). Concil. Chelsea, a.d. 816, Can. 2: When any bishop passes out of this world let every Englishman [not therefore Britons] who has l>een made a slave to him in his days be set at liberty .... Afterwards let every prelate and abbot .... set at liberty 3 slaves and give 3 shillings to every one of them. Archbishop Elfric in his will, a.d. 1006, in Hist. Monast. de Abbendon, L. 417, 419, freed all who during his episcopate had lost their liberty. (290). Concil. Araus. a.d. 441, Can. 7, ap. Gratian i. Dist. lxxxvii. c. 6. If any one should attempt to reduce to slavery those set free in Church or by %\dll, let him be restrained by ecclesiastical animadversion. Concil. Aurel. V. a.d. 549, Can. 7, forbids those " who have been emancipated from serfdom by a patriotic custom in Church " to be again reduced to slavery. Concil. Matiscon il. a.d. 585, Can. 7 ; Concil. Agath. a.d. 506, Can. 29, Ilnd. c. 7. (291). Concil. Aurel. i. a.d. 511, Can. 3, ap. Gratian, Cans. xvii. Qu. iv. c. 36. (292). Iren. iv. 8, 3 : Every righteous King possesses a priestly order, Tertullian ad Scapvilam, c. 2 : To the emperor we render such reverential homage as is lawful for us and good for him, regarding him as the human being next to God, who from God has received all power and is only less than God. Augustin De Verit. Praed. : An emperor is not so much a vessel of mercy prepared in glory because he has reached the summit of earthly rule ; as if he lives l)y right faith in the imperial estate .... if before all things he remembers that he is a son of holy mother the catholic Church, and causes his rule throughout the world to advance the peace and tranquillity of the Church. 78 Short Manuals of Canon Law. set to administer divine justice upon earth (^^^), prayers are directed to be made for them in the Eucharist (^^'*) and other public offices (^^*). Christian kings are, moreover, made the recipients of a special anointing (^^^), whereby the seal of eccle- siastical order is publicly impressed upon them (^^^), and they are allowed to convene and preside in councils (^^^). The Western emperor was formerly admitted a canon of the Lateran ; to the (293). Rom. xiir. 1-7. Iren. Haer. iv. 36, 6 ; v. 24, 2. (294). Apost. Const, viii. 12 : gives the following order of intercessions after the consecration (1) for the whole Church, (2) the bishop and clergy, (3) the king and all in authority, (4) the saints of old, (5) the people pre- sent, (6) the whole place and the sick, (7) persecutors, (8) catechumens and penitents. 1 Tim. ii. 2. In Socrates ii. 37, the bishops at Rimini, a.d. 359, write to Constantius asking him to dismiss them " that we may be enabled in conjunction with the people to offer up our solemn prayers to Almighty God and our Lord and Saviour Jesus Christ for the prosperity of your reign as we have always done and now desire to do." (295). Concil. Clovesho, a.d. 747, Can. 30 : That ecclesiastics and monks in their canonical hours entreat the divine clemency not only for them- selves but for kings, dukes and the safety of all Christian people. Elfric's Can. 20, A.D. 957 ; Edgar's Law, 67, a.d. 960 : That every priest know to make answer when he fetches the chrism as to what he has done in relation to the prayers for the king and the bishop. (296). Fulbert of Chartres ap. Gratian Cans. xxil. Qu. v. c. 19 ; Egbert's Pontif. p. 101 ; 33, Ed. ill. Aide de Roy, 103, declares it a maxim of English law, Reges sancto oleo uncti sunt spiritualis jurisdictionis capaces. Maskell's Mon. Rit. ii. p. 23. Wordsworth's Coronation of Charles I, p. XX. (297). Gildas 82, a.d. 570, relates that the kings who reigned in Britain were accustomed to receive the royal unction. Cumineus Vit. Columbae, p. 30. Saxon Chronicle, a.d. 785, says : Egferth was hallowed to be king. Turner iii. 172, gives the form used at the coronation of Ethelred in 978 a.d. Lingard ir. 368, believes that the Franks adopted the practice of anointing from the Northumbrians. It was used in 751 a.d. when Boniface crowned the mayor of the palace in place of ChUderic, and also when Charles was crowned at Rome, a.d. 800. Concil. Chelsea, a.d. 787, Can. 12 : That in ordaining kings none permit the votes of wicked men to prevail, but let kings be lawfully chosen ... He who is not born in lawful wed- lock cannot be the Lord's anointed King of the whole Kingdom. Inno- cent III. A.D. 1204, to the Duke of Carinthia in Decret. Lib. i. Tit. vi. c. 34, and Tit. xv. § 6. ). Leofric Missal, 249, provides a prayer for the king in synod. The San'Mucnt of Baptism. 79 Eastern emperor a place was allotted within the sanctuary i^^'^). The English sovereign is constituted a prebendary of St. David's and besides the sword of temporal justice receives also at his coronation the sword of spiritual justice and the blunted sword of mercy. In this country, in consequence, as well as in France and Spain, certain powers of dispensation are recognised as belonging to the sovereign ^^% (299). Teaching of the Apostles, Can. 25 : That those kings who shall hereafter believe in Christ shall be permitted to go up and stand before the altar with the Guides [i.e. bishops] of the Church, because David also went up and stood before the altar. Syn. Trull, a.d. 692, Can. 69. (300). Concil. Barcin. ll. a.d. 599, Can. 3, speaks of laymen'.being made bishops contrary to the canons, per sacra regalia, or by the will of the people. Concil. Tolet. v. a.d. 636, Can. 8 : In all the aforesaid matters we reserve the power of indulgence in the faults of delinquents to the prince. Alfred's Law, 6, A.D. 877 : If a man take a nun out of a monastery without the leave of the king or the bishop. 80 III. THE EUCHAEIST. The Eucharist as a Sacramental Oblation. 1. The most noble sacrament of all is the Holy Eucharist (^) or thanksgiving sacrament of the Gospel, in which, by means of visible signs, the faithful offer themselves to God as a united body (^), a i^ure offering (^), the mystical Body of Christ, in order to participate as such in the heavenly offering continually being pleaded by the great High Priest before His Father (^). It is variously called the sacrament of the altar (^), the communion of the Body and Blood of Christ (^), the offering or obla- tion {%po(T4>opx) ("), the commemoration (^), the sacri- (1). iLjn. ad Phil. c. 4 ; .Justin i. Apol. c. 67. Origen contra Gels. viil. 67 : The bread which is called the Eucharist is a sacramental sign of our thanksgiving to God. Bona Rer. Lit. Lib. i. : The Eucharist is the repre- sentation of that offering wherein Christ offered Himself to the Father. (2). Rom. XII. 1 ; Augustin. Serm. 271. See below notes 45 and 17. Freeman's Principles of Divine Service, i. 175, 209 ; ii. 176, 190, 439. (3). Iren. iv. 18, 1 : The oblation of the Church is accounted with God a pure sacrifice. Unci. iv. 18, 4 : The Church alone offers this pure oblation ; Ihid. V. 9, 2. (4). Heb. VII. 25. Hieronym. ap. Gratian iii. Dist. ii. c. 89 : The Priest of God the Father is the Son of God, not according to His divine but according to His human nature, in which He offered Himself for us by means of His passion and death an acceptable Sacrifice to God, that He might be at once both Priest and Sacrifice. (5.) Augustin De Civ. Dei, x. 6 ; 1 Ed. vi. c. 1. Bona Lib. I. c. 3 § 1. (6). 1 Cor. X. 16 ; Concil. Elib. a.d. 305, Can. 3: Placuit els non ulterius dandam esse communionem. (7). Iren. Haer. iv. 17, 5 : Christ taught the new oblation of the new covenant which the Church receiving from the apostles offers to God throughout the world. It is termed trpoccpopd by Concil. Nic. a.d. 325, Can. 18 ; Apost. Const, viii. 13 ; Ambros. ap. Gratian in. Dist. ii. c. 53 ; Augustin, Ihid. c. 26 ; Concil. Brae. iii. a.d. 675, Hid. c. 7 ; Cap. 5 Theo- dulf, A.D. 994. (8). Paschasius ap. Gratian iii. Dist. li. c. 71. The EiicJiarist. 81 fice (^), in common parlance the housel (^*'), and, using the most comprehensive term, the Lord's Supper (^^) ; but the term Lord's Supper properly includes not only the Eucharist but also the agape or common meal, which in former times accompanied it (^-) and is now represented by the benedic- tion bread and wine or antidoron (^^). In the Eucharist itself there are two parts : (1) the sacramental oblation or repre- sentative commemoration before God of Christ's sufferings in accomplishing the work of man's deliverance (") ; and (2) the (9). Augustin. De Civ. Dei, x. 6 : Sacrifice is anything which is done in order to unite us to God in holy fellowship. Origen cent. Celsum, l. 21, speaks of " offering up continually bloodless sacrifices with prayer to God." Cj'prian, Ep. 62 (Oxf. 63), 1 : Christ is the Founder and Teacher of this Sacrifice. Chrysostom. Horn, in S. Eustach. : There is also an unbloody Sacrifice . . . seeing that the sacrifice of Isaac was completed without blood. Cyril ap. Gratian iii. Dist. ii. c. 80, calls it an unbloody service of sacrifice. Apost. Const, ii. 57 ; Pseudo-Gregory, Ibid. Can. i. Qu. i. c. 84 ; Theodori Poenit. i. xii. in H. & S. iii. 186 ; Const. 1 Peckham, a.d. 1281. Liebermann, Inst. Theol. vi. 385, observes that he who gives, not he who consecrates, makes the sacrifice. (10). Hunsl is used in Ulfilas' Gothic Testament to express (1) Bmia or sacrificial victim in Matth. ix. 13 ; Mark ix. 49 ; Luke ii. 24 ; 1 Cor. x. 18 ; (2) irpoffcpopd or oflfering in Eph. v. 2 ; (3) Aarpela or service in John XVI, 2. (11). 1 Cor. X. 21, 22. Bona I. 3 gives as other names, Synaxis or Col- lecta, Liturgia, Mystagogia, Telete, Anaphora, Oiconomia, Agenda, Dominicum. Freeman ii. 438, observes that whatever foreign re- formers may have used the Lord's Supper to express, by English reformers it was used to express the sacrificial oblation distinct from commimion. (12). In the Roman Empire the Christians are said to have discontinued the agape after Trajan's rescript to Pliny x. 97, in a.d. 112. See Lightfoot ; and Ramsay Church in the Roman Empire, p. 206, 219, 358. (13). Ignat. ad Smyrn. c. 8 : Without the bishop it is not lawful to bap- tize or to celebrate the agape. Cyprian Ep. 62, 16 ad Caecilium : Numquid Dominicum post coenam celebrare debemus ? Concil. Carthag. in. a.d. 397, Can. 29. (14). Justin Trypho, 41 : Our Lord Jesus Christ prescribed the celebra- tion of the Eucharist in remembrance of the suffering which He endured on behalf of those who are purified in soul from all iniquity, in order that we may at the same time thank God for having created the world , . . and for delivering us from the evil [plight] in which we were, and for utterly overthrowing principalities and powers. G 82 Short Manuals of Canon Lazv. sacrificial communion or means of increasing the divine life by worthily partaking of the same Q^). 2. The essentials of the Eucharist are bread and wine as the remote matter, the offering of them as the proximate matter, and the prayer that the offering may be accepted in Heaven in accordance with Christ's institution as the form(i^). The materials which are thus honoured should be properly prepared, the bread from flour and water to represent the offerers united among themselves (^''), the wine a mixture of wine and water to (15). Prosper ap. Gratian in. Dist. ii. c. 37 ; Leo Ibid. c. 38. (16). Justin 1 Apol. c. 66, a.d. 140, speaks of the food which is blessed in the Eucharist (^ evxapiffr-r^eeTo-a rpocpri) by the prayer of the word delivered by Him {\6yov rov nup avrov). Origen contra Celsum, viii. 33 : We give thanks to the Creator of all and eat the loaves which are presented with thanksgiving and prayer ; which have become by prayer a Holy Body sanctifying those who partake thereof with sincerity. It has been usual since the 13th century to say that the form is the recital of Christ's words of institution ; and Synod. Exon. a.d. 1287, in Wilkins ii. 132, states that Hoc est enim Corpus Meum and Hie est Calix, etc. are the effective words after which the elements are no longer Bread and Wine. Yet it is admitted that these words are not effective unless used with intention, which presupposes the antecedent and subsequent prayer. Moreover, the Liturgy of Addai and Mari does not contain the words of institution (Duchesne I72)j but has only the commemoration of Christ's life upon earth and an invoca- tion of the Holy Spirit to hallow the elements. It therefore appears that the prayer is the consecrating form and that the words This is My Body &c. merely determine the moment when the prayer takes effect. (17). Cyprian Ep. 62, 13 : The body of the Lord cannot be flour alone or water alone, but both must be united and joined together ; in which visible representation (saeramento) our people are shown to be a united body. Ai5ax^ ix. 4 : As this broken bread was scattered upon the moun- tains and gathered together became one, so let Thy Cliurch be gathered together from the ends of the earth. Cyprian Ep. 75 (Oxf. 69), 6. Augustin. Serm. 229 : After that you came to the water and were moistened and made into one. The heat of the Holy Gh.ost was added and you were baked and became the Lord's bread. Amalarius De Eccl. Offtc. iii. 19 : The offering is not meal without water ... It represents a united people. Walafrid Strabo a.d. 849, c. 16 : Nothing is more suited than bread and wine to signify the unity of the Head and members, because as the bread is made from many grains and reduced to one body by the glue of water, so the body of Christ is made up of the united multitude of the saints. Honorius of Autun, A.D. 1111, Gemma Animae i. 66 : Formerly presbyters used to The Eucharist. 83 represent the people united to Christ ('*^) ; tlie Hour pure wheaten flour (^^). The bread should be either leavened or unleavened (*'^), receive meal from every liouse or family (which custom the Greeks still observe) and made from it the Lord's Bread which they offered for the people and distributed to them when consecrated. See note 45. (18). Justin Mart\T, 1 Apol. 67 : Bread and a mixed cup (Kpafxa) are brought to the president. Iren. iv. 33, 2 : Christ affirmed the mixed cup to be His blood ; v. 1, 3 : The Ebionites reject the mixed cup of the heavenly wine ; v. 36, 3 : The Lord promised that He would have the mixed cup new with His disciples. Cyprian Ep. 62 (Oxf. 63), 9 ad Cascilium A.D. 254, ap. Gratian in. Dist. li. c. 2 : The cup which is offered should be a mixed cup, c. 13 : In the water is understood the people, but in the wine is shewed the blood of Christ. Clem. Alex. Paedag. il. c. 2, gives another meaning. Concil. Carthag. iir. Can. 24, Ibid. c. 5 ; Concil. Martini, a.d. 572, Can. 55, Ihid. c. 4 ; Concil. Aurel. iv. a.d. 541, Can. 4 : the fruit of the ^'ine mixed with water. Concil. Autissiodor. a.d. 578, Can. 8 ; Elfric's Can. 37, a.d. 957 : Let him always mingle water with the wine, for the •wine betokeneth our redemption thro' Christ's blood and the water betokeueth the people for whom He suffered." The same reason for mixing is given by Ambros. ap. Gratian in. Dist. ii. c. 83, and by Concil. Brae. in. A.D. 675, Ibid. c. 7. Edgar's Law 39, a.d. 960 ; Concil. Winton, a.d. 1071, Can. 6 ; Concil. Ebor. a.d. 1195, Can. 1. Devoti Inst. Lib. ii. Tit. ii. § 45, states that mixing is not essential, altho' it has ever been practised in both East and West. The 9th century Ordo ap. Duchesne, p. 445, requires the mixing to be solemnly done by the deacon. In the Eastern Church it is solemnly done at a previous service. In private masses in the West the mixing took place beforehand, or at any time before the Gospel, and the usual time was during the Gradual. The modern Roman rule requires the mixing to be done by a priest and forbids it to be done by an assistant. Craisson § 3685. (19). Baeda, ii. 6, relates that Saba's sons asked bishop Mellitus of London to give them the fine white bread (nitidum panem) which he gave to their father Saba. Concil. Tolet. xvi. a.d. 694, Can. 6, censures priests for using any bread that comes to hand, and not bread specially baked for the jnirpose. (20). The Eastern Church always consecrated leavened bread. According to Mabillon unleavened bread was always used in the West. Cochleus Revision of Isidore's Mozarabic Rite c. 16, De Symbolo mentions unleavened bread. Bona Rer. Lit. Lib. l. c. 23, and Sirmond hold that up to the year 867 A.D. leavened and imleavened bread were used indiscriminately but that tmleavened bread became the rule by 1054 a.d. Devoti Inst. Lib. ll. Tit. II. § 44, Chambers Divine Worship, p. 236. Alcuin Op. I. 107, Ep. 75, prescribes unleavened bread. Anselm Op. i. 200 gives as the reason that it ought to be free from the leaven of malice and wickedness. Concil. 84 Short Manuals of Canon Law. baked with care (^^), and consisting of whole (^^) circular (^^) loaves ; the wine the pure juice of the grape (^*), properly- made and not freshly squeezed (^^), nor yet acid (^^), and the added water should not be so much as to drown the Floren. a.d. 1439, directed each branch of tie Church to follow its own custom. (21). Concil. Tolet. xvi. Can. 6 ; Can. 5, Theodulf a.d. 994 : That the oblation be either baked by yourself or by your servant in your presence." The breads in baking were pressed between two irons called a bult, ferroni or ferramentum or singing-irons because psalms were sung whilst they were being used. Gilbert, bishop of Limerick, a.d. 1100, requires every priest tO' have his box of altar-breads and baking-irons. William of Bleys, a.d. 1229, in Wilkins i. 623 enjoins the ministers of the Church wearing surplices to make the altar-breads in an honourable place. The instruments might be smeared with wax but not with oil or grease. Peter Quivil of Exeter, a.d. 1287, in Wilkins ii. 131. William Russell, bishop of Sodor, a.d. 1350, Ihid.. III. 10, says : Candida, triticea, tenuis, non magna, rotunda Expers fermenti, non mista sit hostia Christi, Inscribatur, aqua non cocta, sed igne sit assa. In the Assyrian Church the bread is baked by tlie priest and deacon whilst the others say morning prayer. (22). Concil. Chelsea, a.d. 787, Can. 10 : Let bread be offered by the faithful, not crusts. Concil. Tolet. xvi. a.d. 694, Can. 6 forbids the offering of crustulam in rotunditate. The oblation-loaves were called oblatae (sc. hostiae) contracted into oblese or ubbles and had marks impressed upon them XPG or IHG, as is now done in the Eastern church. Lingard's- Anglo Saxon Church, i. 292, Bridgett. i. 170. (23). Epiphanius, Gregory Nazianzen, Gregory i. quoted in Devoti Inst. Lib. II. Tit. II. § 45. Concil. Arelat. v. a.d. 554, Can. 1 requires the oblatae- used in the province to adopt the form of those used in the metro- politan church of Aries. Devoti, § 45, states that modern use is to consecrate- a number of wafer-breads of the size of a penny for communicants called particles, and one larger one for the priest for the fraction. (24). Concil. Carthag. iii. a.d. 397, Can. 24 ap. Gratian iii. Dist. i. c. 3 ; Edgar's Law 39, a.d. 960. (25). Concil. Brae. iii. a.d. 675, Ihid. ill. Dist. ii. c. 7 adds because it is altogether a mistake unless it is absolutely necessary. (26). Egbert's Excerpt. 98, a.d. 740 : Let the priests take care that the bread and wine and water be pure and sweet. If they do otherwise they shall be punished with them who offered to our Lord vinegar mixed with gall. Liguori Lib. vi. 206 ; Craisson § 3367. The EucharisL 85 wine (-''). Neither water alone {-^), nor ale (-''), nor mead (^'^), nor milk (^^), nor water flavoured with must Q^) are allowed as substitutes ; and both bread and wine must be offered to- gether (^^). Oil and frankincense (^*) may also be offered, and in their season bunches of grapes (^^) and ears of wheat, also milk and honey at Easter Q^). but nothing else Q''). 3. The offering itself is three fold Q^): (1) The offering made (27). Concil. Tribur. a.d. 895, Can. 19, says one part of water to two of wine. Alexander iii. to archbisliop of Upsala, a.d. 1180, in Decret. Lib. III. Tit. XLI. c. 13, says tlie quantity of water ought to be less than the quantity of wine. Concil. Sodor and Man, in WUkins ill. 11, a.d. 1350 : Let water be added in such moderate quantity that the wine is not drowned in the water but the water in the wine. (28). Apost. Const, viii. 51 ; Apost. Can. 2 ; Cyprian Ep. 62 ad C;T2cilium. Those who used water only were called Hydroparastatas or Aquarii in early times. Law 16, Northumbrian jjiiests a.d. 950. Lynd. 226, says that if a priest cannot drink wine he can neither celebrate nor undertake a cure of souls. (29). Apost. Can. 2 ; Concil. Wiuton. a.d. 1071, Can. 6. (30). Concil. Autissiodor. a.d. 578, Can. 8. (31). Concil. Brae. in. a.d. 675, ap. Gratian iir. Dist. ii. c. 7. Concil. Trull. A.D. 692, Can. 57. (32). Concil. Brae. 1. c. says that some reserve a linen cloth soaked in must for a whole year, and at the time of the sacrifice rinse a part of it in water for use. (33). Concil. Araus. a.d. 441, Can. 17 : The cup must be offered together with the box of breads and be consecrated with the mixture proper for the Eucharist. Craisson § 3386. Thomas Aquin. Qu. 80, art. 12 : In conse- ■cration the representation of the Lord's Passion is set forth. Therefore the Body cannot be consecrated without the Blood. Maskell's Ancient Liturgy 136. (34). Apo8t. Can. 2, (35). But this is forbidden by Concil. Trull, a.d. 692, Can. 28. (36). This is forbidden by Concil. Trull, a.d. 692, Can. 57. (37). Apost. Can. 2 : If any bishop or presbyter otherwise than oiir Lord has ordained concerning the sacrifice offer other things at the altar as honey, milk or strong beer instead of wine, any necessaries or birds or animals or pulse otherwise than is ordained let him be deprived, excepting grains of new corn or ears of wheat or bnnches of grapes in their season. For it is not lawful to offer anything besides these at the altar, and oil for the holy lamp and incense in the time of the divine oblation. Concil. Carthag. in. Can. 24 ; Concil. Brae. in. 1. c. (38). Irenaeus Fragment in ante-Nicene Library, ix. 176 : For [1] we make an offering to God of the bread and the cup of blessing, giving Him 86 SJiort Mamials of Canon Law. by the faithful to God of His own gifts the visible creatures of bread and wine or corn and grapes i^'^) in thanksgiving for His having caused the earth to produce them for the support of life (^^). This is termed the offertory and the materials offered are termed sacrifices (^^) or eulogies (*^). (2) The common offering or corporate presentation of a selection from these materials mystically prepared so as to represent (^^) thanks that He has commanded the earth to bring forth these fruits for our nourishment. And then [2] when we have perfected the oblation [3] we invoke the Holy Spirit that He may exhibit this Sacrifice both the bread the Body of Christ, and the cup the Blood of Christ, in order that the receivers of these antitypes may obtain remission of sins and life eternal. (39). That in some places the people regularly offered corn and grapes, out of which the deacon prepared the bread and wine, seems to be implied in AiSax^?, IX. 4, Cyprian Ep. 75, 6, quoted note 62. Ignat. Rom. c. 4 quoted by Iren. v. 28, 4 : I am the grain of God and am ground by the wild beasts' teeth that I may become the bread of Christ. Also v. 2, 3, quoted note 51. Augustin De Civ. Dei, xvi, 37 : Christ's is the multitude of com and wine, i. e. the multitude which corn and wine gathers in the sacra- mental representation of His Body and Blood. (40). TertuUian De Cast. c. 7, speaks of laymen offering in this sense. Justin adv. Trypho. 28, 117. Iren. Haer. iv. 18. (41). Justin, Trypho, 41, 46 : He speaks of those Gentiles who in every place offer sacrifices to him, i. e. the bread of the Eucharist. Tertullian De Vest. Femin. ii. 11 ; Cyprian De Orat. Dom. c. 4 : When we celebrate divine sacrifices with God's priest. Id. De Op. et Eleemos. c. 15 : You are wealthy and rich, and you believe you celebrate the Eucharist without a sacrifice, and take part of the sacrifice which the poor has offered. Origexi contra Cels. viii. 21, calls them bloodless sacrifices. Apost. Const. li. 57 :■ After this let the sacrifice (i. e. the offertory) follow, the people standing and praying silently. Isidor. De Offic. c. 28 : Two things are offered to God, viz. : gifts and sacrifices. Gift is whatever is given in gold and silver ; sacrifice is the victim, and whatever is consumed or placed on the altar.- Ibid. c. 15 : Ordo missse vel orationum quibus oblata Deo sacrificia conse- crantur. (42). Apost. Const, viii. 34. (43). Gal. III. 1 : Before whose eyes Jesus Christ hath been set forth crucified among you. Cyprian Ep. 62 (Oxf. 63), 4 : In the priest Mel- chizedeck we see prefigured the sacramental representation of the sacrifice of the Lord ; c. 14 : If Jesus Christ is Himself the Chief Priest of God the Father and Himself first offered Himself a Sacrifice to His Father . . .. The EucJiarist. 87 that Boily in ^v]lich Christ hy His obedience cancelled man's disobedience (") and in which the faithful are presented to God together with Him ('"). This is termed the presentation of the sacrament ("*'''), the sacrifice ('*''), the offering the bread of pro- pitiation C*^), or the commemoration (^^). And (3) the heavenly offering or carrying of the earthly commemoration by the Angel to the altar on high, and its presentation there by the great High Priest {'^^), whereby the sacramental signs become the surely that priest truly performs Cluist's delegacy wlio imitates tliat Avliicli Christ did. Augustiu in Ps. 40, 6, and Heb. x. 5. Tertulliau adv. Marcion in. 19; iv. 40: He makes it His Body by saying, This is my Body, i. e. the figure of My Body. A figure these could not be unless these were first a veritable body. The Roman Canon of a.d. 400, ap. Duchesne p. 170, calls this oft'ering, Figura Corporis et Sanguinis Jesii Christi. Apost. Const, v. 13, calls these eulogies the antitypul mysteries of His precious Body and Blood ; vi. 30 : Offer the acceptable Eucharist the representation of the royal Body of Christ. Innocent ap. Gratian in. Dist. I. c. 73. Theodoret. Dial. ii. (44). Iren. Haer. v. 17, 1: The Lord has restored us into friendship through His incarnation having become the Mediator between God and nian> propitiating for us the Father against Whom we had sinned, and cancelling our disobedience by His own obedience. (45). Iren. v. 20 and 21 : Christ summed up all mankind in himself. Augustin De Civit. Dei, x. 6 : Whereby most truly the whole redeemed community, i. e. the congregation and society of the saints are oftered to God as a universal sacrifice by the Great High Priest, Who in His passion offered Himself for us, that we might be the Body of so great a Head . . . This is the sacrifice of Christians, for we, being many, are one Body in Christ. Which even now the Church reproduces in the sacrament of the altar known to the faithful that it may be shewn to it that in that which it offers it is itself oftered. Ibid. x. 20 ; xvil. 20 ; xxii. 10. (46). Concil. Araus. x\.D. 441, Can. 17 : Propositio sacramenti. Hence Theodori Poenit. i. xii. 3, in Haddon & Stubbs, in. 186, calls it panis propositionis. Also Isidor. Pelus. a.d. 410, Lib. i, Ep. 123. (47). Iren. iv. 18, 1 : The oblation of the Church . . . ofi'ered throughout the world is accounted with God a pure sacrifice. Id. iv. 17, 5; Concil. Tolet. 1, A.D. 400, Can. 5, speaks of the daily sacrifice of the Church. Const. 2 Peckham a.d. 1281 : Christ does not operate in the Sacrifice according to His immense plenitude. (48). Concil. Tolet. xiii. a.d. 683, Can. 10. (49). Paschal ap. Gratian in. Dist. il. c. 7. (50). 1 Clem. 36 : Christ is the High Priest of our oblations. Iren. 88 SIio7't Manuals of Canon Law. true Body and Blood of Clirist (^^). This is termed the con- Haer. iv. 18, 6 : It is His will that we should offer a gift at the altar . . . The altar then is in heaven (for towards that place are our prayers and oblations directed), the temple likewise. Origen contra Celsum viii. 26 : It is our duty ... to ask the Only begotten as our High Priest to j)resent the prayers which ascend to Him from us to His God and our God. The Eoman Canon, a.d. 400, ap. Duchesne 170 : Command these things to be carried by the hand of thy Angels to the altar on high as Thou didst vouchsafe to receive the gifts of Thy holy servant Abel, and the sacrifice of our patriarch Abraham, and the offering of the supreme priest Melchize- deck. Mozarabic Missal : Be present Jesu Thou good High Priest in our midst as Thou wast present in the midst of Thy disciples ; and hallow this oblation that we may receive hallowed things by the hand of Thy holy Angel. Hieronym, ap. Gratian in. Dist. ii. c. 89 : The Priest of God the Father is the Son of God, not according to the divine, but according to His human nature in which He offered Himself by means of His passion that he might be at once both Priest and Sacrifice. (51). Ignat. ad Smyrn. c. 4: [Separatists] see not the Eucharist to be the Flesh of our Saviour Jesus Christ. M. ad Ephes. 20, calls it the medicine of immortality. Jugtin Martyr. 1 Apol. 66 : Not as common bread and common drink do we receive these ; but as Jesus Christ having been made flesh by the Word of God had flesh and blood for our salvation, so likewise the food which is blessed by the prayer of His w"ord, and from which our flesh and blood by transmutation are nourished is the Flesh and Blood of that Jesus Who was made flesh. Iren. Haer. iv. 18, 4: The bread over which thanks have been given is the Body of our Lord ; and v. 2, 3 : The corn .... having received the Word of God becomes the Eucharist, which is the Body and Blood of Christ. Ambros. ap. Gratian in. Dist. ii. c. 41 : Before the blessing of the heavenly words it is called an outward sign (species), after the benediction the Body is therein present (significatur). IhiA. c. 55 : Before the sacramental words, ordinary bread lies on the altar ; when the words of consecration are added, out of bread it becomes the Flesh of Christ. Ihul. c. 56, 19 and 91 ; Augustin. lUi. c. 61 : Not all bread but that which receives Christ's blessing becomes the Body of Christ. Ihid. c. 41, 45, 46, 51, 58, 60, 61, 72, 92. Hieronym. lUL c. 49, 87, 88 ; Hilarius Ihid. c. 79 and 82 ; Berengar. Ihid. c. 42. Ambros. Ihid. 6, 67 and Cans. xvi. Qu. I. c. 21 : They who live of the altar transform bread and wine by means of the immaculate benediction into the Body and Blood of our Lord Jesus Christ. Chrysostom Horn. 1, On the betrayal of Judas : It is not man who causes the oblation to become the Body and Blood of Christ, but Christ Himself, Who was crucified for us. The priest representing Christ stands and pronounces the words, but the power and the grace are from God. This is My Body He says. This word transforms the oblations. The E^icharist. 89 formation of the sacrament (■^-) or the haUowino; of the oLlation(''^), and is effected by the power of the Holy Ghost (''') upon the invocation of the presbyters (^■'^). In the East the power of the Holy Ghost is sacramentally imparted to the bread by anointing it with holy oil. 4. Out of respect for so great a mystery (•'''*') in which, through the door of Christ's humanity ("), the faithful obtain access into the presence of God, the Eucharistic celebration has ever And just as the words Increase and mnltiply and fill the earth were once spoken, but throughout all time give to human nature the power of genera- tion, so also the words This is My Body once pronounced produce a perfect Sacrifice at each table in the Churches from that day to this, and from now to our Lord's second coming. Ambros. De lis qui myst. init. c. 11 : If human benediction is able to change the nature, what shall we say of the divine consecration in which the words of our Saviour take eftect. (52). Isidor. De Eccl. Offic. l. 13. (53). Stat. Eccl. Ant. a.d. 505, Can. 33. (54). John XIV. 16, 18, 23 ; vi. 63 : It is the Spirit that quickeneth ; Iren. v. 36, 2 : The presbyters, the disciples of the apostles affirm that they ascend through the Spirit to the Son and through the Son to the Father. IV. 18, 5 : The bread which is of the earth having received the invocation of God is no longer bread but the Eucharist. Hippolyt. in Prov. therefore calls the Spirit " the Mother of Christ." Gelasius, a.d. 494, ap. Gratian, Cans. I. Qu. i. c. 92 : How shall the Holy Spirit when invoked come to the consecration of the divine mystery if the priest who prays Him to be present full of criminous thoughts is repugnant to Him." Isidor. De Off.i. 18,4: The sacrifices become the sacrament by the invisible action of the Holy Spirit. Baeda Hom. in Epiph. 175 : The creature of bread and wine is transformed into the sacramental sign (sacramentum) of Christ's Flesh and Blood by the ineffable hallowing of the Spirit. Elfric's Hom. in die Pasch. p. 4-7 : Great is the difference between the invisible might of the holy Housel and the visible appearance of its own nature. By nature it is corrujitible bread and wine, but by the power of the divine Word it is in sooth Christ's Body and Blood. Iren. v. 2, 3 : When the mixed cup and the prepared bread receive the Word of God, the Eucharist becomes the Body of Christ. Muratori Liturgia l. 247. (55). Iren. Haer. I. 13 ; Hippolyt. Haer. vi. 34. (56). Isidor. ap. Gratian, Caus. l. Qu. I. c. 84, calls it a sacramental repre- sentation (my.sterium) because it has a secret and hidden meaning (dispen- satio). Gelasius, Ihid. c. 92. (57). John X. 9 ; Heb. x. 10. 90 Sko7't Manuals of Canon Law. been surrounded with most particular regulations extending (1) to the persons of those who are allowed to offer, (2) to the external necessaries and observances in offering, and (3) to the special times and modes of offering. It is, however, a moot point whether the worship described by St. John, as seen by himself in a vision on the Lord's day when cut off from his people on the lonely island of Patmos, upon which these regulations are founded, represents the worship of the Church as then practised, idealized for heavenly use, or whether it gives a glimpse of heavenly worship held up for the imitation of the Church upon earth (^^). 5. All the faithful are privileged to offer, either directly at the solemn Eucharist, or indirectly at the ordinary public Eucharist '' ubbles " of bread and cruets of wine every Sunday (^^). These offerings or eulogies appear in early days sometimes to (58). The Ancient of days like to a man is represented as seated on a chair in the midst with 24 presbyters around him (Eev. i. 13 ; iv. 2, 3, 4). White vestments, 7 candlesticks, an altar and incense and a sealed book are there (i. 12 ; iv. 4 ; v. 8 ; viii. 3). Before the chair and in the midst of the presbyters is a Lamb slain and under the altar souls of martyrs (v. 6, 8 ; VI. 9). Angels or deacons are about and an innumerable company of the elect singing praises to God and to the Lamb (v. 11, 12 ; vii. 9, 10). (59). Concil. Matiscon ii. a.d. 585, Can. 4 : Let an oblation of bread and wine be offered by all, both men and women every Sunday. Theodori Poenit. II. VII. 4, in Haddan and Stubbs, iii. 196. A woman may make oblations according to the Greeks but not according to the Eomans. Bona Lib. II. c. 9, § 1, quotes an old Ordo Eomanus found in Muratori, i. p. 991 : Whilst the singers sing the people make tlieir offerings, i.e. bread and wine, and they offer on white napkins (fanones) first men, then women ; last of all priests and deacons offer. From this and from the 9th century Ordo ap. Duchesne, p. 442, it appears that women then made offerings at Rome. Walafrid Strabo, a.d. 849, c. 22: Some offer inordinately who valuing oblations by their number constantly offer at masses at which they decline to assist. Hincmar, a.d. 852, c. 16, 2, forbids any one to offer more than " one oblation-loaf (oblata) for himself and his family," and directs all other gifts to be made after service. Maldonatus De Caer. Diss. ii. § 17, no. 11, states that in 1569 a.d. offerings of bread and wine were still made in some places in France. Le Brun, a.d. 1716, states that in some parishes of the diocese of Riez they offer at masses for the dead a dish of meal, a loaf and a bottle of wine. Bona i. 23, § 3, insists on the importance of offering personally^ At Milan the Vecchioni still offer bread and wine. TJic Eucharist. 91 have been pliicoil by tlieniselves upon the altar ('■'*), but usually to have been received by the bishop and deacon ; and it was the deacon's province at the solemn Eucharist to present them properly prepared upon the altar ("'). Whenever offerings were made in grain or Hour the mystical preparation must have taken place during the early part of the service (as is still the custom in the Assyrian Church), or else (as is now the custom in the East) before the service, at a special service of preparation called the prothesis {^^). In the Eoman and Galilean Churches where bread and wine were offered already prepared in the 4th century, the preparation in the service was contined to mixing the cup ; but to ensure the purity of (CO). Pitra Jur. Eccl. Gr. i. 544 ; Routh's Rel. Sacr. in. 230. ; Aiubros. De Sacrum, v. 2 ; Augustin. Epist. in. ad Victorian. The practice continued at Milan till recent times (Bona i. p. 184) and existed in Gaul in the 6tli century. Greg. Turon. Hist. Franc, ix. 3 ; x. 8. Theodoret. v. 18, relates that the emperor Theodosius went up to present his gift. (61). In Col. I. 25, 28, St. Paul calls himself the deacon of the Church and says that it is his desire as such to present every man to God in Christ as a perfect Christian. Pseudo-Hieronym. ap. Gratian i. Dist. xciii. c. 23 : Deacons place the offering upon the altar. Epist. ad Ludifred. Ibid. 1 Dist, XXV. c. 1 : It is the business of deacons ... to place the offering on the altar. Ordo Romanus of 9th century ap. Duchesne, p. 443, describes the offerings of bread as being made to the bishop and of wine to the deacon as they went round the Church. The deacon then placed the requisite amount of each on the altar. (62). Possibly this preparation is referred to in the AiSaxV? ix. 4 : As this bread was scattered upon the mountains and gathered together became one, so let Thy Church be gathered together from the ends of the earth. Iren. III. 17, 2 ; Cyprian Ep. 75 (Oxf. 69) 6: When the Lord calls bread His Body moulded together from the uniting of many grains, He indicates a united people. Heb. x. 5 : A body hast Thou prepared me. Justin Martyr, i. Apol. c. 67, speaks of the bread and mixed cup being brought in ready prepared. According to the 9th century Ordo ap. Duchesne, p. 443, the deacon is directed to choose out of the loaves offered by the people a sufficient number for the communicants, and to arrange them on the altar in three or five rows. The service of the irpt^fleo-is consists with the Greeks in cutting off pyramid-shaped fragments from the holy bread and arranging them in 3 rows on the altar. In the Assyrian Church the preparation includes kneading and leavening the dough ; then adding the holy leaven handed down from the apostles' times, and the holy oil, and baking the loaves. 92 Short Manuals of Canon Law. the offering {^^) those undergoing penance were excluded from contributing to it, even when they were allowed to communi- •cate(^^). After the eleventh century, when solemn Eucharists fell into disuse, the offering of the eulogies made by the sub-deacon at the ordinary public Eucharist took the place of the people's offerings at the solemn Eucharist (^^), and penitents, as well as •others, were then allowed to make pecuniary gifts or alms (^^), which public opinion has since frequently confounded with the ■offertory {^^). (63). Elfric's Can. 17, a.d. 957. Iren. iv. 17, 5, insists on its being a pure ■oflfering ; Leo I. added to the canon the words " a pure offering, a holy •offering, an unspotted offering." (64). Concil. Nic. a.d. 325, Can. 11 : [The last] two years let them com- municate without the oblation. Concil. Elib. a.d. 305, Can. 28 : The bishop shall not receive a gift from him who may not communicate. Apost. Const. III. 4 ; Stat. Eccl. Ant. a.d. 505, ap. Gratian, 1 Dist. xc. c. 2, forbids the offerings of discordant brethren to be received. Concil. Herd. a.d. 523, Can. 13, forbids the offering to be received of one who allows his children to be baptized in heresy. Hieronym. Ihid. Cans. xxiv. Qu. i. c. 28 ; Syn. Patricii, Can. 12, in Haddan and Stubbs, ii. 329 : Whatever Christian is put out of communion, let not his offering be received. Concil. Mogunt. a.d. 847, ap. Gratian, Cans. xiii. Qu. ii. c. 30 ; Nicolaus a.d. 864, Ihid. Cans. xxxiii. Qu. II. c. 15, permits a matricide to communicate after ten years, but not to make an offering till the whole twelve years have expired. Eugenius III. A.D. 1146, in Decret. Lib. v. Tit. xvii. c. 2, allows the viaticum to be given to criminals but forbids their offerings to be received. Concil. Lat. III. A.D. 1179, Ihid. Tit. xix. c. 3, forbids usurers' offerings to be received. Innocent iii. Ihkl. Tit. xxxix. c. 28, requires the dead to be absolved before their offerings may be received. Simeon of Thessalonica, in Neale xxiv : Neither ought priests to receive offerings for sacrifices from those who are open and notorious sinners . . . for mutual communion arises from the offerings which are brought to the altar, and it is not meet that the unworthy should partake in the sacrifice. (65). The bread was required to be provided by the parishioners by Const. I. Gray, a.d. 1250 ; Const. 27, Peckham, a.d. 1281 ; but in many places the incumbent imder a collegiate Church was required to provide the elements. See Maskell's Early Liturgy of the Church of England, p. 48. (66). Justin 1 Apol. c. 65, states that after the distribution to each " they who are well to do and willing give what each thinks fit, and what is • collected is deposited with the president who succours the orphans and widows. See Isidor. De Offic. c. 28, quoted note 41. (67). Pecuniary gifts are mentioned by Concil. Emeritan. a.d. 666, Can. 14. Gemma Animae in 12th century says : Because the people did not The Eucharist. 93' 6. The proper minister to hallow the offering, or as it is com- monly said to make the oblation, is a bishop or presbyter ("**), In early days the hallowing was a visibly corporate act. Whilst the bishop prayed the presbyters stood round and uni- ted their prayers with his (""). In the bishop's absence any presbyter could take his place, but rural presbyters only when city presbyters were absent ('°). Under no circumstances could a deacon hallow the Eucharist (^^), but formerly besides pre- senting the pure offering upon the altar he held the cup during the hallowing prayer, and thus in a sense consecrated it (^2). comnumicate it was not necessary that the bread shouhl be so hir^e, and it was therefore ordered that it should be in the shape of a penny and that the people should offer pennies instead of an offering made of flour. Concil. Tolet. XI. A.D. 675, Can. 6, ap. Gratian, Caus. i. Qu. i. c. 100, forbids any pecuniary gift being asked from those who come to communion. In the Assyrian Church there is no ahnsgiving at the Offertory. Hincmar, a.d. 852, (juoted note 59 ; Bernold, a.d. 1080, states that " collections for the use of the poor or the restoration of Churches " ought to be made at a suitable time and place and not at the celebration of masses. (68). Concil. Nic. a.d. 325, Can. 18 ; Cyprian Ep. 5 ; 1 Ep. Clem, ad Cor. c. 40 ; Augustin ap. Gratian iii. Dist. ii. c. 26 and Caus. i. Qu. i. c. 96: Nor yet can he bless the bread, however great his merit, unless he be ordained. (69). Ignat. ad Eph. c. 20, ad Phil. c. 4 ; Apost. Const, viii. 12 : Let the presbyters stand on the bishop's right hand and on his left. Innocent Epist. ad Decent, c. 5, a.d. 416, states that the presbyters offered with the bishop on ordinary days. Concil. Agath. a.d. 506, Can. 21, ap. Gratian ill. Dist. I. c. 55 ; Concil. Aurel. i. a.d. 511, Can. 27, Ihid. ill. Dist. iii. c. 5, requires village priests to repair to the bishop's church for the purpose of offering Avith him on the greater festivals. Concil. Tarracon. a.d. 516, Can. 7 ; Concil. Arv^ern. a.d. 535, require the same. Liguori vi. 232. DuchC'Sne Origines, 167 ; Maskell's Ancient Liturgy, 119. See note 76. (70). Concil. Neociesar, a.d. 314, Can. 13, ap. Gratian i. Dist. xcv. c. 12 ;. Concil. Brae. ii. Can. 36, a.d., which calls them forastici presbyteri. (71). Concil. Nic. a.d. 325, Can. 18. (72). Iren. Haer. i. 13, 2, complains that the heretic Marcus handed mixed cups to women bidding tliem consecrate them in his presence. In Am- bros. De Offic. l. 41, the deacon Laurence says to bishop Sixtus II. : Experire utrum idoneum ministrum elegeris cui commisisti sanguinis consecrationem, which Devoti explains as meaning sanguinem consecratum ; but the deacon actually took part in consecrating the cup by bringing the cup into contact with the consecrated Ubbles. Thus Ordo i. in Muratori, p. 985 : At the 94 Short Maimals of Canon Law. He also conducted the whole ceremonial of the service, including in the West the fraction after consecration (^^). When approved forms of corporate prayer became general as they did in the 4th century C^j, the co-operation of many presbyters in consecrating the same elements was discontinued. The use at Eome was for the presbyters to consecrate separate elements simultaneously C^) some of them doing so in separate Churches. Ultimately simultaneous consecration gave place to consecutive consecrations, words Per ipsum et cum ipso [in the canon thearclideacon] lifts up the cup Avith the offering-cloth passed through the handles and holding it elevates it close to the pontiff. The pontiff then touches the cup on the side with the Ubbles (oblatae). . . . [Afterwards] the pontiff sets the Ubbles in their place and the archdeacon sets the cup by their side, passing the offering- cloth again through the handles." In the Ordo Amandi, a.d. 800, ap. Duchesne, p. 445 : And when the pontiff comes to the words Omnis honor et gloria he takes up the two Ubbles in his hands and the deacon holds the cup and elevates it slightly until he comes to the words Per omnia saecula saeculorum. In the 11th century, as appears from the treatise of Joannes Abrincensis, ap. Migne Patrol. 147, the deacon's share was less, but the deacon still held the paten for the fraction. Deacon and priest together took hold of the right corner of the corporal to uncover the Host, and together they uncovered, elevated and covered up the Chalice. Hence Bona. III. 217, observes that, because of the deacon's share in consecrating the cup, the priest says of the bread Offero, but of the cup Offerimus in the plural. Concil. Laodic. a.d. 363, Can. 25, forbids the sub-deacon " to give the Bread or to bless the cup," recognising the blessing of the cup as one of the deacon's duties. Maskell, 85. (73). Not in the Eastern Church. Theodori Poenit. i. ii. 14, in Had- dan e^ Stubbs, iii. 192 : Deacons with the Greeks are not allowed to break the hallowed Bread, nor to say the collect nor the Dominus vobiscum [i.e. the consecration prayer, those words preceding the Sursum corda and preface], nor the post-communion prayers (completas). (74). AtSax^, X. 7 : But suffer the prophets to give thanks in what words they will, implies that there was then no form of words prescribed for use by bishops. Cyprian De Orat. Dom. c. 4 : When we meet together with the brethren and celebrate divine sacrifices with God's priest we ought not ... to cast to God with tumultuous wordiness a petition that ought to be commended by modesty," implies the same. The Roman canon appears to have been fixed in the time of Damasus, a.d. 366; the written Greek liturgies also date from the 4th century. (75). Liber Pontificalis, i. 139 : Zephyrinus established the custom of holding patens of glass before the presbyters and for deacons to hold them The EticJiarist. • 95 all of which were however deemed to be part of one and the same Eucharist. After the 7th century simultaneous consecra- tions were only practised on the festivals of Easter, Pentecost, Christmas and St. Peter, and other special occasions, such as a dedication-festival. With the growth of the parochial system they disappeared altogether in the 13th century, except at ordinations (^^) \ and consecration by a single priest became usual at the cliief or quasi-solemn Eucharist as well as at votive and private Eucharists. 7. Although Christ Who was God could at any time hallow the Eucharist and as a fact did institute it after supper, yet priests who are men cannot hallow the offerings which they make for themselves and their people without the aid of the Holy Ghost, to obtain which collective prayer and fasting are ordinarily necessary ('"). No priest can, therefore, make the oblation without the presence of two or at least one person to respond to his prayers ("''*), and when he has begun should always complete it himself ('^). If possible some other presbyter ought also to be present to supply his place in case of illness (^*^) w-liilst the bishop celebrated mass, the presbyters standing npright by him." "Warren, Celtic Church, 128, states that in Britain two presbyters at least were necessary to consecrate the Eucharist. Theodori Poenit. li. ii. 7, a.d. 673, in H. & S. III. 191 : It is lawful for [single] priests to celebrate masses. (76). Concil. Clovesho, a.d. 747, Can. 30 and Const. 26, Peckham, a.d. 1281, require such a con- celebration for a deceased bishop. Pseudo-Isidor, ap. Gratian in. Dist. i. c. 59 : On the more solemn days let a bishop have 7 or 5 or 3 deacons . . . and let the presbyters stand right and left . . . and give consent to his sacrifice. Innocent ill. in Decret. Lib. l. Tit. vi. c. 28, speaks of the con-celebration at an ordination. (77). Acts XIII. 2 ; Conf. Math. xvii. 21 ; 1 Cor. vii. 5. (78). Concil. Mogunt. a.d. 813, Can. 43 : No presbyter, as it seems to us, can alone properly say mass. For horw shall he say Dominus vobiscum [with which the consecration prayer commences] and many other things, unless some one be with him. Concil. Nannet. a.d. 898, ap. Gratian in. Dist. I. c. 61, requires two. Can. 35, Edgar, a.d. 960, says some one. Cap. 7, Theodulf, a.d. 994, .says two. Walafrid Strabo, c. 22, says three. (79) Theodori Poenit. ll. c. 10, a.d. 673, in H. & S. ill. 192 ; Concik Tolet. VII. a.d. 646, Can. 2, ap. Gratian, Cans. vii. Qu. i. c. 16 ; Rom. Syn. a.d. 743, Can. 14, Ihid. iii. Dist. I. c. 57. (80). Concil. Tolet. vn. a.d. 646, Can. 2, 1. c. ; Concil. Tolet. xi. a.d. 675; Ihii. Caus. VII. Qu. I. c. 15, and ill. Dist. i. c. 58. 96 Short Manuals of Canon Law. and no Eucharist can be solemnly celebrated without a deacon (^^), The latter that he may be ready to perform his ceremonial duties (^^) sliould wear an alb only when he reads the Gospel and at the time of hallowing (^^). Hence if a presbyter dis- charges the deacon's duties he throws back his cape at these times over his shoulders without removing it (^*). At a private consecration a collet or clerk suffices. Both the presbyter and those who offer with him ought to be fasting except on Maunday Thursday (^^) , and if a presbyter is asked to commend the dead when not fasting he should only do so by prayer ^^). The priest who hallows the offering ought always to communicate himself (^'') (81). Pseudo-Hieronym. ap. Gratian i. Dist. xciir. c. 23 : Sine diacono sacerdos nomen habet, oitum non liabet, officiimi non habet . . . Elfric's Can. 16, A.D. 957 : The priest that remains without a deacon has the name not the attendance of a priest. Concil. Nannet. in Decret. Lib. in. Tit. I. c. 8 : That every priest having a cure of souls have someone with him to read the Epistle and Gospel. Alexander in. to bishop of Exeter in Decret. Lib. I. Tit. XVII. c. 6 : A priest cannot discharge the solemnities of masses alone, without the suffrages of an assistant. (82). Apost. Const, ii. 57. (83). Stat. Eccl. Ant. a.d. 505, Can. 41 ap. Gratian i. Dist. xciil. c. 9 : Let the deacon wear only an alb at the time of the oblation or Gospel reading. Apost. Const, ii. 57 : Let the deacons stand near at hand in close and small girt garments. Concil. Tolet. iv. a.d. 633 ap. Gratian, Caus. xi. Qu. III. c. 65, mentions the stole (orarium) and alb as the distinctive gar- ments of the deacon. Concil. Laodic. a.d. 363, CaK. 22, forbids a sub-deacon to wear a stole and Concil. Tolet. iv. a.d. 633, Can. 40, forbids deacons to wear more than one stole, and that neither coloured nor wrought with gold. (84). Theodori Poenit. ii. ii. 11, a.d. 673, in H. & S. ill. 192 : Presbiter si responsoria cantat in missa vel quicumque, cappam suam non tollat, sed evangelium legens super humeros ponat. Micrologus, a.d. 1077, c. 9. (85). Concil. Afric. Can. 8, ap. Gratian in. Dist. I. c. 49 ; Concil. Matis- con. II. a.d. 585, Can. 6. (86). Concil, Brae. ii. a.d. 572, Can. 10, calls it commendatio. So also Concil. Tolet. iv. a.d. 633, Can. 13. (87). Theodori Poenit. ll. v. 10, 1. c. p. 195 : A priest or deacon who may not or does not wish to receive communion cannot lawfully celebrate mass. Concil. Tolet. xii. a.d. 681, Can. 5 : The priest is guilty of [mutilating] that true and singular Sacrifice as oft as he fails to partake [after offering] of the Body and Blood of Christ. Edgar's Law, 40, a.d. 960. The Encharist. 97 and likewise the assisting deacon and sub-deacon (''*'). 8. The Eucharist may not be offered in a private but only in a hallowed house (*^^) except in case of necessity or sickness ('•*"), nor in the open ("^) unless another priest or deacon holds the oblation in his hand C'^), but it may be offered under an awning (^^). It should always be presented upon a hallowed table (^■*) or altar (""), which in Churches at least consists of two parts (1) a fixed or moveable sub-structure, and (2) an altar- slab ("^) or antimensa called also a super-altar ("''). In the East the sub-structure is usually a moveable framework or (88). Coucil. Rotliomag. a.d. 650, Can. 1 : Let liim receive with reverence himself, and give to partake to the deacon and subdeacon who assist him at tlie altar. (89). Concil. Laodic. a.d. 363, Can. 58 ; Egbert's Excerpt. 52, a.d. 740. (90). Can. 25, Elfric. a.d. 957 ; Feli.\ iv. ap. Gratian in. Dist. i. c. 11 ; Edgar's Law, 30, a.d. 960, Cap. 11, Theodulf, a.d. 994 ; Egbert's Excerpt, 62, a.d. 740. (91). Coucil. Martini ap. Gratian iii. Dist. i. c. 29 : Ignorant and pre- sumptuous clergy may not exercise their ministry in the open [in campum ministeria {alias mysteria) portare] or distribute the sacraments. Concil. Mogunt. A.D. 888, IhiA. c. 30, says that on a journey, if there be no church, mass may be said in the open (sub dio) or in tents, provided the tabula altaris is hallowed. (92). Theodori Poenit. ii. ii. 2, 1. c. p. 191 : Similarly a priest may say mass in the open if the priest himself or a deacon hold the oblation in his hands. (93). Theodori Poenit. ii. xiv. 12, 1. c. p. 203 : The [Eucharistic] prayer may be offered under an awning (.sub velamine) when necessity compels. Can. 11. Theodulf. a.d. 994 : It is not lawful to sing mass in any place but Churches, not in houses nor in any place but what God hath chosen, except it be in the army ; then let a tent be had to this use only and a hallowed altar. (94). The table is spoken of by Dionysius of Alexandria, a.d. 258, in Euseb. VII. 9. A table is still preserved in the Lateran which is said to have been used by St. Peter. Craisson, § 3593. (95). The altar {dvaiaa-Tripiov) is mentioned by Ignat. ad Trail, c. 7 ; ad Phil. c. 4 ; Concil. Laodic. a.d. 363, Can. 19, also Edgar's Law, 31, A.D. 960 ; Cap. 11. Theodulf. a.d. 994; Innocent ill. a.d. 1204, in Decret. Lib. I. Tit. xv. (96). Concil. Mogunt. a.d. 888 ap. Gratian in. Dist. i. c. 30, calls it Tabula altaris. (97). Archa;ological Journal, xxxv. 384. II 98 Short Manuals of Canon Law. trestle-table and is called the holy table i^"^) or the throne i^"^). Western rule requires it to be a tomb Q^^) or otherv/ise a chest containing the remains of one or more saints (^*^^), whence it is called a martyry, sepulchre or confession Q^^). The altar-slab was in ancient times made of wood covered with silver or gold (^^^), as a portable altar is now (^"*) ; but whenever the substructure is a tomb, it is required to be of stone (^'^^). The antimensa of the East is a large figured corporal Q^^). 9. The altar which may not have been used before on the same day Q-'^'^) is required to be provided with proper ornaments (98). Socrates, vi. 5, relates that Eutrupius took shelter under the holy- table at Constantinople ; I. 27, 35, relates that Macarius furiously rushmg towards the altar had overturned the table. (99). Blackmore's Russian Catechism, Aberdeen, 1845. (100). Socrates I. 12 ; Euseb. vii. 11, relates that in a.d. 257 Christians were forbidden to hold meetings or to enter their cemeteries {KoifjLr]rT]pia) but VII. 13, that Gallienus gave permission to recover what are called the sleeping-chambers {Koi/j.-nTr)pLa used as altars). Concil. Chelsea, a.d. 816, Can. 2 ; Lynd. 252. (101). Concil. Nic. ii. a.d. 787, Can. 7, because of Rev. vi. 9. (102). Ambros. ad Marcellin. Ep. 22. Lingard's Anglo Saxon Church, II. 40. (103). Sozom. IX. 1, relates that the daughter of Arcadius gave to the Church of Constantinople an altar covered with gold and precious stones. Alcuin. De Pont. v. 1224, mentions an altar covered with flakes of silver ; V. 1490 : He covered the altar with silver with gems and with gold ; v, 1500 : He made another altar covered with pure silver and precious stones. Devoti Lib. ii. Tit. vii. § 12. (104). Baeda. v. 10, relates that the brothers Hewald had a consecrated table for an altar. St. Cuthbert's portable altar of wood covered with silver still exists at Durham. Concil. Mogunt. a.d. 888, ap. Gratian ill. Dist. i. c. 30 ; Can. 11, Theodulf, a.d. 994. (105). Augustin Epist. 185, ad Bonifac. Optatus Milev. Lib. vi. Concil. Epaon. Can. 26, a.d. 517, ap. Gratian iii. Dist. i. c. 31 ; Concil. Winton. A.D. 1071, Can. 5. Martene De Antiq. Rit. i. c. 3, art. 6, § 4 ; Bona Rer. Lit. I. c. 20 ; Bingham viii. c. 6, § 15. (106). Craisson, § 3614. Le Brun in. 590. (107). Concil. Autissiodor, Can. 10, a.d. 578, ap. Gratian ill. Dist. ii. c. 97 : It is not lawful on the same altar to say two masses on the same day ; nor for a priest to celebrate on an altar after the l^ishop on the same day. Theodori Poenit. ii. 1, 1. c. p. 190. The Eucharist. 99 and altar linen Q^^^). These according to medieval rule include four coverings ("^"), viz. an altar-cloth or pall ("*') for which a simple frontal (^") or antependium is usually substituted, two towels or linen-cloths (^^^), or three when a frontal is used instead of a pall, and a fourth cloth not of silk (^^^), but of the finest linen called a corporal or body-cloth (^^'*), on which the offering is laid to be hallowed (^^''). The corporal was formerly of large size and covered the whole altar Q^^) and is forbidden to be touched (108). Concil. Ebor. a.d. 1195, Can. 8. (109). Gratian iii. Dist. II. c. 27, quoted below. The present Roman rubric, the authority for which is not earlier than 1568, requires three. Craisson, § 3610. (110). Concil. Arvern. i. a.d. 535, Can. 3 and Pseudo-Clem. Ep. ap. Gratian lii. Dist. i. c. 40, forbid altar cloths (pallae) given for the altar to be used for wrapping the dead or by a deacon for covering his shoulders, and orders the deacons to cleanse the altar-cloths (pallas) and sanctuaiy curtains (vela) if they are dirty within the sanctuary, but to thoroughly wash the altar- linen (velamina) and the corporals (sindones). Const. 5, Reynolds, a.d. 1322. Warren, 124, states that purple altar-cloths were in use in the Celtic Church. (111). Const. 4, Winchelsea, a.d. 1305, mentions the frontal, %. e. the imperfect pall hanging down in front but not covering the altar. Lynd. 252, says that a frontal is elsewhere called a pall, but, p. 235, he appears to include the altar-cloth or pall among the altar-linen. (112). These linen cloths are called linteamina in Const. 5, Reynolds, a.d. 1322, lintea in Gratian ill. Dist. il. c. 27, and velamina Ihid. iii. Dist. I. c. 40, and by Lynd. 235 ; tuellae in Const. l. Gray, a.d. 1250 and Const. 4, Winchel. a.d. 1305. Lynd. 249, 235, 248. (113). Acta Sylvestri, ap. Gratian ill. Dist. I. c. 46 and Dist. ii. c. 27. (114). Optatus of Milevis, Lib. vi. : In celebrating the Mysteries the wood is covered with a linen cloth. Sindon in Gratian iir. Dist. I. c. 46, Const. 2. Langton, a.d. 1222, and Const. 7, Peckham, a.d. 1279 ; Corporale in Edgar's Law 33, a.d. 960 ; Can. 22, Elfric a.d. 957, Const. 5, Reynolds, a.d. 1322, Lynd. 249, 235. Egbert's Pontifical gives forms for the blessing of the Corporal (Surtees Society, Vol. XXVII). Leofric's Missal, p. 221. The corporal of the Greeks is covered with figures. (115). Maskell's Ancient Liturgy, p. 82 Sarum : Ponatque panem super corporalia. (116). Concil. Arvern. a.d. 535, Can. 7, forbids the body of a deceased priest to be wrapped in the opertorio Dominici Corporis. Bridgett's Hist, of Eucharist, i. 174. Isidor. Pelus. a.d. 410, lib. i. Epist. 123 : We con- secrate the bread of presentation on fine linen. The Greeks call this el\-nT6u. H 2 100 Short Manuals of Canon Law. by a woman (^^"). Besides the Eucliaristial and the four Gos- pels (^^^) nothing may be placed upon the altar. A step or ' gradine at the back appears to have been introduced in the 16th century and was authorized by Clement viii. in a.d. 1600 (^^^). 10. For the service of the altar, the altar or housel-vessels are necessary (^^o)^ These should be hallowed (^^i) and ought not afterwards to be used for any profane purpose (^^^). They consist of a chalice (^^^), which in the earliest times appears to have been made of glass with a figure of the Good Shepherd (117). Concil. Autissiodor, a.d. 578, Can. 37 : Let not a woman put forth her hand to the Lord's altar-cloth (ad pallam Dominicam). Cap. 6, Theodulf, a.d. 994. (118). Leo IV. A.D. 850. (119). Eock II. 500, shews that in 1532 there were no candles on the altar at Westminster. In the Caerimoniale Episcoparum, a.d. 1582, the altar is represented without cross or candles, but in the same book, a.d, 1600, it is represented with a Maltese cross flanked by 6 candles. (120). Can. 22, Elfric a.d. 957 : Let his chalice be made of pure wood and also the paten. Gratian iii. Dist. I. c. 44, 45 ; Cap. 8 and 18, Theo- dulf, A.D. 994. (121). Ambros. ap. Gratian, Cans. xii. Qu. ii. c. 70, speaks of the vasa ecclesiae initiata. Acta Sylvestri, Ihid. in. Dist. i. c. 46, directs them to be consecrated, and Leofric's Missal, p. 221, gives the forms. Can. 37, Elfric, a.d. 957 : Mass ought not to be consecrated with any other vessel but the chalice that is blessed for this purpose. Concil. London, a.d. 1175, Can. 16: That no bishop bless a chalice of tin. Innocent in. a.d. 1204, in Decret. Lib. I. Tit. XV, says that the chalice is consecrated with chrism. Chambers' Divine Worship in England has collected the English forms from the eighth to the fifteenth centuries. (122). Concil. Brae. in. a.d. 675, Can. 2 ; Concil. Arvern. a.d. 535, Can. 8, forbid their being used for marriage-feasts. Cap. 10, Theodulf, a.d. 994, Concil. Tolet. xvii. a.d. 694, Can. 2. (123). According to the Ordo St. Amandi, ap. Duchesne 442, four different vessels were used at Eome in the ninth century : (1) the small chalice or cup (calix) used on ordinary days, (2) the large chalice (calix stationarius) with two handles for High days (the handles are mentioned in the Ordo ap. Muratori i. 978, 985) such as the one found at Ardagh and now in the museum of the Irish Academy at Dublin (Rock i. 164 ; Bridgett i. 219). These were exclusively used by the clergy. After the clergy had com- municated, the chalice was emptied (3) into one or more communion-bowls (scyphi) full of unconsecrated wine, from which (4) the communion-cups (fontes) were replenished into each of which a portion of the consecrated The EucJiarist. 101 upon it (^-'), and also of a paten or offering dish (^^•''') which was of large size, but does not appear to have been invariably used in lesser churches before the thirteenth century (^^^). The chalice may not be of wood (^^^), copper or brass (^^^), glass (^^^), wax (^^^), or horn (^^^) ; but both chalice and paten are required to be of gold or silver (^^^), or in case of poverty of tin (^^•^). Two Bread was dropped. Both clergy and people drank from tubes made of gold, silver, ivory, or glass. These are mentioned in Leofric's Missal xxii. Soto who was in England in Mary's reign states that the chalice- veil called ftliola by the Spaniai-ds (Isidor. 24, Hammond's Liturgies 285) was not used here, but in its place a silken tablet (serica tabella). Bridgett ii. 62, how- ever, can find no such article in ancient inventories. (124). Tertullian De Pudicit. c. 10 ; Baronius a° 216, no. 13. (125). Lib. Pont. DuchOsne, 139 : Zephyrinus established the custom of holding patens of glass before the presbyters whilst the bishop celebrated mass, the presbyters standing upright by him, [to consecrate]; p. 246 : men- tions the substitution of patens of silver. The paten was a large offering dish, the size of which may be gathered from the fact related by Gregory of Tours, that a man profanely used it to wash his feet. Alcuin in Lingard's Anglo Saxon Church, i. 265, mentions it. After the offering had been presented in it, it was, according to Maskell, p. 85, given back to the sub-deacon who held it standing behind the deacon until the Lord's Prayer, when it was used for the fraction. (126). The host according to Sarum use (Maskell, p. 82) was placed on the corporal for consecration and reserved in the pyx or box. Concil. Araus. a.d. 441, Can. 17, calls the box capsa. Also Hist. Monast. de Abingdon. Const. 32, Edmund, a.d. 1236 : If the priest as some do [in receiving] takes it off the paten. (127). Concil. Tribur. a.d. 895, ap. Gratian in. Dist. i. c. 44 : At one time golden priests used wooden chalices, now wooden priests use golden chalices. Edgar's Law 41, a.d. 960. Concil. Winton, a.d. 1071, Can. 16, Honorius in. in Decret. Lib. in. Tit. XLi. c. 14, ordered a priest to be deprived for celebrating without fire or water and using a wooden chalice. (128). Gratian in. Dist. l. c. 45. (129). Gratian in. Dist. i. c. 45, § 3 : Let no one presume to consecrate in a clialice of wood or of glass. Lynd. 249. (130). Concil. Winton. a.d. 1071, Can. 16. (131). Concil. Chelsea, a.d. 787, Can. 10. (132). Gratian in. Dist. i. c. 45 ; Concil. Westminster, a.d. 1175, Can. 16, orders it to be of gold or silver but not of tin. Const. 11. Langton, a.d. 1222. Lynd. 9, 249. (133). Gratian in. Dist. i. c. 45. Lynd. 234. 102 Short Alammls of Canon Law. candles or at least one should always be lighted (^^*) before the altar and incense be burnt at the time of the Gospel-reading and (134). Concil. Elib. a.d. 305, Can. 34, forbids candles to be lighted in the day in a cemetery-church, "for the souls of the saints must not be disturbed " [■i.e. before evening by the signal for service]. Concil. Tolet. xili. a.d. 683, ap. Gratian, Caus. xxvi. Qu. v. c. 13, forbids the altar to be bare or the lights to be extinguished at the Eucharist. There are four distinct uses of lights (1) necessary, (2) symbolical or ceremonial, (3) ornamental, and (4) devotional. 1. Necessary lights are mentioned Apost. Const, viii. 35 and Socrates v. 22, where the beginning of service [in the evening] is spoken of as the lighting of the lights. Socrates vi. 8, relates that Chrysostom, a.d. 401, introduced silver crosses on which were lighted tapers for processional use at nocturns. Hist. Monast. de Abingdon ii. 375, a.d. 1180, directs two lights to be placed on the altar for this purpose at matins and vespers. 2. Symbolical or ceremonial lights are the candlestick and candle required by Stat. Eccl. Ant. a.d. 505, ap. Gratian, Dist. xxiii. c. 16, to be given to the acolyte for the Eucharistic celebration. Can. 14, Elfric, a.d. 957 : He is called the acolyte who holds the candle at the divine ministration when the Gospel is read or the Housel hallowed, not to drive away darkness but to signify bliss to the honour of Christ Who is our Light. Can. 42, Edgar, A.D. 960 : Let a light be always burning in the Church when mass is sung. Honorius iii. in Decret. Lib. iii. Tit. XLI. c. 14, deposed a priest for not having a light. Const. 4, Langton, a.d. 1223 ; Const. 5, Eeynolds, a.d. 1322 : Let two candles or at least one be lighted at the time of otferrng. John de Burgo Pupilla oculi, a.d. 1385 : Without fire i. c. without light it is not lawful to celebrate. 3. Ornamental lights are mentioned by Hier- onym. ad Vigilantium as being lighted to display a sign of joy. According to Alcuin, De Sanct. Eccl. Ebor. 280, 1494, there was at York a pharos consisting of three rows of nine lamps each suspended before the altar. Hist. Monast. de Abingdon ii. 290, relates that Abbot Pari tins, a.d. 1111, gave a 7-branched candlestick to the Church. According to the customs, II. 375, furnished to Ralph de Glanville, in 1188 a.d., a wax taper was kept burning before the high altar night and day, and on principal festivals seven, were kept burning before the high altar and the same at high mass, and one before each altar in choir. See also ii. 379, 382, 383. 4. Devotional lights were of many kinds. The injunctions of 1536 a.d. only allowed three, viz. (1) the beam light or devotional light of the parish sometimes called the common light, (2) the light before the sacrament and (3) the light before the sepulchre, also called the dead light or the soul light. Const. 8, Arundel, a.d. 1408, approved the practice. Lynd. 298. Micrologus, a.d. 1077, c. 11, states that a light is always required at a Eucharistic celebration. The Eucharist. 10:3 the oblation ('^^), and no other necessaries ought to be neglected (^^'^). In early times the sub-deacon was not allowed to handle the sacred vessels (^^^), but in the West this is permitted to sub-deacons and collets Q^^). 11, The priest who hallows the oblation should not be covered nor vise a staff (^^"), nor have his feet bare (^'*"), but according to Gallican rule, which after the tenth century became also the Iloman (^^^), should besides his ordinary priestly garments wear a distinctive liturgical or Eucharistic vestment("^). (135). During the first three centuries incense was only used to preserve the bodies of the dead. Tertullian Apol. c. 42 : " We use as much incense in hiuying Christians as others in fumigating the Gods." Apost. Can. 2 and Dionys. Eccl. Hier. III. 2, a.d. 500, first mention its use in tlie service. Concil. Rothom. a.d. 650, Can. 1 : At the time when the Gospel is read and when the offertory is ended let incense be j)laced on the obhation to commemorate the death of our Lord. Theodori Poenit. ii. 1, 8, in H. & S. III. 191 : Let the Lord's incense be burnt on the birthday of the saints out of respect for the day. Edgar's Law 43, a.d. 960. (136). Lynd. 249, says three washing-trays for washing (1) the corporals (2) the altar-cloths (3) the linen cloths. (137). ConcU. Laodic. a.d. 363, Can. 21, ap. Gratian, 1 Dist. xxiii. c. 26. (138). Gratian 1 Dist. xxili. c. 32 ; Concil. Brae. a.d. 563, Can. 10, lUA. c. 31, forbids any of the readers to touch the sacred vessels unless they have been ordained sub-deacons ; Concil. Brae. ii. a.d. 572, Can. 41 ; Concil. Agath. A.D. 506, Can. 66, Ihii. c. 30, forbids this to all the lower orders. Ibid. III. Dist. II. c. 23. (139). Rom. Syn. a.d. 743, Can. 13, ap. Gratian iii. Dist. I. c. 57 : Let no bishop, presbyter or deacon presume to enter upon the solemn celebra- tion of masses with a staff (baculus), or with his head covered, because the apostle forbids men to pray in Church with covered head. See Maskell, p. 61. (140). Concil. Chelsea, a.d. 787, Can. 10, possibly intended to forbid the use of the highland costume. (141). Leo IV. A.D. 847, in Labbe viii. 33 : Let no one presume to sing masses in a planet which he wears every day. (142). In II. Tim. rv. 13, St. Paul refers to a cloak (e\6yiov=th.e Gallican casula or amphibalum. In Apost. Const, viii. 13, the bishop is directed to put on his bright garment {Ka/xirphy ia-dfiTa) which does not necessarily denote a distinctive garment, but only a new one, his best. The terms casula or amphibalum are first met with in Germanus, bishop of 104 Short Manuals of Canon Law. The ordinary priestly garments worn by all members of the clergy indifferently (^*^), and likewise by laymen after solemn baptism (^*^) and at other stated times (^^^) consisted of (1) a white garment, alb or surplice (2) an amice or mystic head-cloth Paris, 555-576 a.d. In the Koman Church the term is not found until the time of Stephen ii. a.d. 752, when it appears as quodsulis. Duchesne 367. Casula appears to be used by early Eoman writers for a cassock, as in Leofric Missal, p. 261, where collets are directed to piit on black cassocks (casulae); p. 258, clergy other than presbyters are directed to put on cassocks (casidae) and solemn vestments at the blessing of the chrism. Concil. Tolet. iv. a.d. 633, ap. Gratian, Caus. xi. Qu. iir. c. 65, mentions planet {%. e. chasuble) and stole as the distinctive dress of a presbyter. Wihtraed's Law 18, a.d. 696, requires a priest to piirge himself before the altar in his vestment. Can. 22, Elfric, a.d. 957: The priest shall have his mass- vestment. Edgar's Law 46, a.d. 960 : That no priest minister at the altar without his vestment. (143). Ordo S. Amandi, ap. Duchesne, 440, speaks of deacons and sub- deacons wearing albs such as they possessed either of linen or of silk and amices (anagolagia). (144). Rabanus, a.d. 834, De Cler. Inst. i. 29, ap. Gratian ill. Dist. iv. c. 91, says that before being anointed the baptized receive (1) the white garment, and after it have (2) their head covered with a mystic veil (See Baptism, note 48) to indicate purity and their royal priesthood. These garments have their counterparts in the colobion and cowl of monks, and the alb and amice of the clergy, which Isidor. Etym. xix. 21, and Rabanus I. 15, calls respectively poderis and super-humerale. Rev. i. 12, describes the heavenly Priest as clothed with a garment reaching to the feet, and girt about the paps with a girdle ; Iren. iv. 20, 11, explains these as " something priestly." Concil. Brae. i. a.d. 561, ap. Gratian, 1 Dist. xxiii. c. 32 : All clerks should minister with close-cut hair, having their ears exposed {i. e. the head-cloth let down) and should after the manner of Aaron put on a garment reaching to the feet (talaris vestis) that they may be in glorious array. The head-cloth, the TrtpiKecpaXaia rod a-onTripiov of Eph. iv. 17, called the amice (amictus) consisted of a broad linen band put over the head under or above the alb and fastened by a string. The Romans wore under the alb a subumblem, shoulder-cloth, or sudarium, which was really a dis- tinct garment. Edgar's Law 33, a.d. 960 : That every priest have a subum- blem under his alb when he celebrates mass and every vestment decently put on. This subumblem is called anagolagium=anabolagium^ai'a;8oAaio»' in Ordo St. Amandi and superhumerale in Leofric Missal. 59. As the head- cloth was allowed to fall over the shoulders when the priest reached the altar,, the Gallican head-cloth and the Roman shoulder-cloth appeared the same. (145). Theodori Poenit. ii. xiv. 11, in H. & S. iii. 203 : Out of respect for regeneration let praj^ers be said at Pentecost in albs, as they are said at The Eucharist. 105 and (3) a girdle. In the Gallican Church the girdle was worn by the higher clergy (^■*''), in the Roman it was confined to those below the diaconate (^'0- The liturgical vestment for the Eucharistic service in the Gallican Church was for presbyters the chasuble (^''^), for deacons the handkerchief, maniple or phanon Q^^^\ Both bishops, presbyters and deacons wore also a stole, variously put on as a distinctive mark of their office (^^*'). 12. At Eome previously to the ninth century there appears to Eastertide. This is probably the origin of the surplice being worn ou solemn offering days. (146). Coelestin. Ep. 4, ad episc. prov. Galliae, ap. Constantiuni, p. 1067, blames them for wearing a mantle and girdle as being contrary to ecclesias- tical [sc. Roma] use. (147). Duchesne 367. (148). Germanus ap. Duchesne, 1. c. (149). Amalai-ius De Eccl. Offic. iii. 19, a.d. 827, says the deacon places the cup on the altar and the handkerchief beside it. Const. 32, Edmund, A.D. 1236: Let the priest have near to the altar a very clean cloth bound round with another, and cleanly and decently covered to wipe his fingers and lips. At Eome the handkerchief called pallium linostinum was a ceremonial adjunct of the consul's dress (Duchesne 369), and being used by the clergy as a mark of distinction was by Gregory ap. Gratian, 1 Dist. xciii. c, 22, forbidden to all but Roman clergy. Duchesne, p. 369, says that it was not attached to the person before the twelfth century. (150). The stole (orarium) of the Roman Ordines prior to the tenth cen- tury appears to be only another name for the sudarium which was worn round the neck and upon the shoulders to prevent the planet being soiled. The stole of the East and of the Gallican Church was a scarf worn as a mark of distinction and probably first adopted in the fourth century in obedience to a law requiring all officials to have a distinguishing decoration. Concil. Laodic. a.d. 363, Can. 34, forbids sub-deacons and readers to usurp it. Isidore of Pelasium, a.d. 410, Ep. i. 136, says that the episcopal stole which he calls pallium is made of wool, the deacon's stole of linen. Chry- sostom. Hom. on the Prodigal son, speaks of the linen band (^ oQ6vt\) with which deacons take part in the liturgy, and says that it was passed over the left shoulder, and compares its motion to the motion of angels' wings. It was worn by bishops, tied round the neck, one end hanging down in front and one behind, and called the pallium or wiJLo. 1281. (266). Concil. Chalcedon, a.d. 451, Can. 11, mentions two kinds: (1) commendatory letters (o-yarartKoi), for those labouring under suspicion ; and (2) pacific or communicatory {dprjviKOi), for those about to travel. Concil. Elib., A.D. 305, Can. 58, directs those who bring communicatory letters to be examined whether they have rightly proved their contents. Concil. Hertford, Can. 5, a.I). 673. See the letters commendatory of St. Boniface in H. & S. III. 302. Dialogue of Egbert Answ. ix. Ihid. 407 ; Concil. Hispal. II., A.D. 619, ap Gratian i. Dist. lxviii. c. 4, forbids a rural bishop to give them. (267). Theodori Poenit. i. xiv. 17, in H. & S. ill. 188 : Mulieres autem menstruo temi^oi'e non intrent in ecclesiam neque communicent, nee sancti- moniales nee laicae. Should they presume so to do, let them fast three weeks. According to Innocent in. in Decret. Lib. iii. Tit. xlvii., this was not the Roman rule. (268). Augustin ap. Gratian in. Dist. ii. c. 54 : It plainly appears that when the disciples first received the Body and Blood of Christ they did not receive them fasting. Is the universal Church therefore to be blamed because they are always received fasting ? For it hath pleased the Holy Ghost that in honour of so great a Sacrament, the Lord's Body should enter a Christian's mouth before any other food. And so throughout the world the custom is observed. Concil. Autissiodor., a.d. 578, Can. 19 : Neither priest, deacon, nor subdeacon may say mass nor stand in church whilst mass is being said who has partaken of food or drink. Theodori Poenit. II. 1, 2, 1. c. p. 190 : He who has first eaten let him not stay to the kiss of peace [with which the communion proj^er commenced]. Willi- brord's Judicium dementis in H. & S. III. 227 ; Lynd. 22. Modern practice requires not simply an empty stomach, which might be after three hours, but abstinence from food since midnight. Devoti Lib. ii. Tit. II. § 49 ; Craisson § 3450, says that tliis is a purely human institution. (269). Chrysos. 1 Hom. in 1 Cor. and Epist. 125 ad Cyriacum, whilst stating that he had never disobeyed this law of the Church, added that if he had disobeyed it he would only have followed our Lord's example. Theodori Poenit. i. xii. 5, a.d. 673, in H. & S. ill. 187 : If any one has received the Sacrifice after food let him do penance for seven days. It is in the bishop's discretion [to dispense]. The statement that it is in the bishop's discretion is not added by some. Edgar's Law 36, a.d. 960, says : Except it be on account of infirmity. The Eucharist. VII conjugal abistiuence (-'*'). confession (-'^), and the renunciation of forbidden modes of life (-'-). On all these points their own word is sufficient evidence i^-''^). 24. In communicating the faithful, the bishop or presbyter is directed to give the Lord's Bod}^ and the deacon to take and give the cup (-"■*), with the prescribed form of words (-"^), first to the presbyters, then to the deacons, subdeacons, readers, (270). Concil. Elib. a.d. 305, ap. Gratian in. Dist. ir. c. 21 : Every man before the Holy Connnuniou should abstain from liis own wife for three days, or four, or eight. Augustin lhi(l. Cans, xxxili. Qu. iv. c. 2, says several days. Ambros. Ihid. c. 3 ; Hieronym., Ihid. c. 1 ; Theodori Poenit. I. XII. 3 in H. «&; S. in. 186 : The Greeks and Romans alike abstain from their wives for three days before the bread of presentation. [Concil. Araus. a.d. 441, Can. 17.] Edgar's Law 24, a.d. 966 ; Egbert's Excerpt c. 109, A.D. 740 : Let them who are married contain themselves for three nights before they communicate. Can. 43, Theodulf, a.d. 994. (271). Concil. Clovesho, a.d. 747, Can. 22, Thorpe ii. 440 : No one ought to receive it without his confessor's leave, to whom he shall previously have confessed. Cap. 44, Theodulf, a.d. 994 ; Can. 20, Ensham, a.d. 1009 ; Const. 1 Peckham, a.d. 1281 : Let parish priests beM'are that they give not the Lord's Body to any that have not evidence of having confessed. Const. Giles Sarum, a.d. 1256, in AVilkins i. 704 : Let no one presume to approach the Body of Christ on Easter Day, unless he has first confessed. Const. Marsli Dunel., a.d. 1220, Ihul. l. 571-582 : Let every man prove himself, cleansing and sanctifying himself by confessions. (272). Such as being actors ; Cyprian Ep. 60, a.d. 256, ap. Gratian ill. Dist. II. c. 95 ; Concil. Elib. a.d. 305, Can. 62 ; Concil. Cartliag. iii., a.d. 397, Can. 35 ; Ihul. c. 96 ; or chariot-racers, ConciL Arelat. i., a.d. 314, Can. 4 and 5 ; Concil. Arelat. ll., a.d. 441, Can. 20. Lynd. 344. (273). Const. 1 Peckham, A.D. 1281. Lynd. 233. (274). Justin Martyr, 1 ApoL 67 ; Apost. Const, viii. 28 ; Hieronym. ap. Gratian i. Dist. xciii. c. 16 ; Concil. Westminster a.d. 1138, Can. 2 ; Concil. Ebor., A.D. 1195, Can. 6 ; Const. 1 Langton, a.d. 1223 ; Ayl. 475. (275). Apost. Const, viii. 13 : Let the bishop give the Oblation, saying, The Body of Christ, and let him that receiveth say, Amen. And let the deacon give the cup, and when he giveth it say. The Blood of Christ, the cup of life ; and let him that drinketh say. Amen. Concil. Rothomag., A.D. 650, Can. 2 : Let not the priest place the Eucharist in the hand of any layman or woman, but only in the mouth, saying, The Body and Blood of our Lord profit thee to the remission of sins and life everlasting. Bridgett i. 217, says this was the Roman practice after the 6th century. Devoti, § 51. Euseb. vi. 43, relates that Novatus in the 3rd century, after 128 Short Manuals of Canoji Law. singers, and ascetics, next to the deaconesses, virgins, and widows, afterwards to the children (-'^*'), and lastly to all the people in order — men first, and women afterwards. Deacons may not give the Lord's Body to presbyters (-'^'^), but they may to others (-^^) if directed so to do, nor may priests take the cup from the altar until it is given to them by a deacon (2^^). The Church of Portugal in the seventh century introduced the practice of giving the consecrated Bread sopped in the Wine, for which a spoon was generally used. This practice was afterwards followed in the Greek Church, but was forbidden in the West (-^'^). Infants were, however, communicated with the cup only (-^^). 25. It is usual for men to receive the Eucharist in the right giving the Eucharist, held the receiver's hands, and did not allow him to partake until he had sworn not to hold communion with Cornelius. (276). Apost. Const, viii. 13 ; 11. 57. Cyprian De Laps, c. 9 and 25, relates how the deacon persisted in communicating a child unable to speak, which had partaken of the table of devils and refused to receive it. (277). Concil. Nic. a.d. 325, Can. 18 : It has come to the knowledge of the holy and great synod that deacons, who have not power to make the oblation, administer the Body of Christ to priests who have that power, which neither canon nor custom permits. Let all such practices be done away, and let the deacons receive the Eucharist either from the bishop, whose attendants they are, or from the presbyters, whose inferiors they are. (278). Apost. Const, viir. 28 : When a bishop or priest has offered, the deacon distributes to the people, not as a priest, but as one that serves. Concil. Elib. a.d. 305, Can. 32 : A priest may give him the communion, or a deacon if the priest direct him to. (279). Pseudo-Hieronym. ap. Gratian 1, Dist. xciil. c. 23 ; Priests are not allowed for fear of presumption to take the cup from the Lord's table, unless it be handed them by a deacon. Apost. Const, viii, 13. (280). Concil. Brae. iii. a.d. 665, ap. Gratian in. Dist. il. c. 7, says that some, to give the communion fully, give the Eucharist sopped in wine. It then forbids the practice. Concil. Clermon., a.d. 1096, Can. 28, forbids it. Concil. London, a.d. 1175, Can. 15: We forbid the Eucharist to be sopped as if the communion by this means were more entirely administered. Christ gave a sop only to that disciple whom He pointed out for a traitor. (281). Hugo de St. Victor, a.d. 1150, De Offic. Eccl. i. c. 20, in Migne App. 177 : If it can be done without danger according to the primitive institution of the Church, let the Eucharist be given to children under the form of the precious Blood. Devoti, § 50. The Eucharist. 129 hand, using the left to make a throne for it (''^-), and to partake of the cup through an ivory or silver reed (2^^). Women are forbidden to receive into the naked hand, but should either receive upon a white linen cloth, called a Housel-towel i^^^) or the Lord's napkin, or else have the Eucharist placed directly in their mouth {^-^^'). It was formerly the practice for the assisting presbyters at a solemn Eucharist, after receiving the Lord's Body, to place their hands upon the north part of the altar and to partake simultaneously, and for deacons afterwards to do likewise at the south part of the altar (-S'^). All are directed to approach with reverence and holy fear as to the Body of their King (-^^), women being veiled as becomes their sex (-^^), and those who offer to partake in both kinds {^^^), According to (282). Apost. Const. li, 57 ; Cyril. Hieros. a.d. 347, Cat. xxiii. : Approaching, therefore, come not with extended wrists or open fingers, but make the left hand a throne for the right, which is about to receive the king. Letter of Dionysius to Xystus in Euseb. vi. 9. Syn. Trull. A.D. 692, directs reception into the hand. Baeda iv. 29. (283). See above, note 123. (284). Concil. Autissiodor. a.d. 578, Can. 36, ap. Labbe vi. 645 : A woman may not receive the Eucharist in her naked hand. Caesarius Arelat. Serm. 252 de Temp. (al. 229), Migne xxxix. 2168 : Men, when they are about to approach the altar, wash their hands, and all women display pure white linen cloths (linteamina), on which to receive the Lord's Body. Martene Lib. i, c. 4, art. 10, mentions these. Concil. Autissiodor. Can. 42, requires every woman when she communicates to have dominicalem suum [sc. fanonem]. This Baronius and Mabillon explain to be the Lord's napkin or the Housel-towel, also Duchesne 214 ; others suppose it to be a veil. It may be included among the linteamina mentioned Const. 5 Keynolds, a,d. 1322. According to the Guardian 287, Feb. 18, 1891, Housel-towels continued to be used in St. Mary's, Oxford, in Newman's time, and were disposed of by him in 1859. (285). Concil. Eothomag. A.D. 650, Can. 2. (286). The 9th century Ordo. ap. Duchesne p. 445. (287). Cyril, quoted above, note 282, (288). Apost. Const. ll. 57 : Let the women approach with their lieads covered as becomes the order of women. Ambros. ap Gratian, Cans. xxxui. Qu. V. c. 19, requires women always to be veiled in Church, because of the bishop, who represents Christ. Theodori Poenit. ii. vii. 3, in H. & S. III. 196 : Women may receive the sacrifice under a black veil. (289). The command, Drink ye all of this, was addressed to the same K 130 Short Manuals of Canon Law. Roman use, priests and deacons communicated the principal laity and women in their places in church (^^^), and then the rest came forward to receive. According to the Alexandrian (^^i) and Galilean (-^-) use, the laity entered the choir to communi- cate. According to the Spanish {^^^), the laity received outside the choir. 26. The growing frequency of private Eucharists in Churches distant from the mother Church had for effect to detract from the position occupied by the solemn Eucharist, and led after the fifth century to a change in the manner in which the people were ordinarily communicated. There being, in lesser Churches, no deacon to take charge of the consecration of the cup, Eucharists celebrated in such Churches appear to have persons who were bidden to offer this sacrifice {tovto nou'ire), and ai)plies therefore, strictly, to all who ofl'er only. Leo Serm. 4, De Quadrag. states that the Manichaeans refused to partake of the cup. Hence Gelasius, ap. Gratian in. Dist. ii. c. 12 : We hear that some having received a portion of the Lord's Body abstain from the cup of His holy Blood ; let such either receive the entire sacrament or abstain from it altogether, because the division of one and the same mystery cannot take place without great sacrilege. (290). Syn. Rom, a.d. 826, ap. Gratian in. Dist. li. c. 30, forbids the laity to enter the choir during service. Ordinal of 9th century, ap. Duchesne, p. 446. (291). Dionysius Alexandria a.d. 258, in Euseb. vii. 9 : Standing at the table he extended his hand to receive, (292), Concil. Turon. ii. a.d. 567, Can. 4 : For prayer and communion let the holy of holies be open to laymen and women, as is the custom. Gregory of Tours, Hist. Franc, x, 8 ; Caesarius Arelat. Serm. 289. (293). Concil. Brae. A.D, 561, Can. 13. Concil. Tolet. iv. a.d. 633, Can, 18 : Let the priests and deacons communicate before the altar, the clergy in the choir, and the people outside the choir. Devoti, § 51, Bridgett l. 37. This was also the African use according to Augustin, Serm. 392, c. 5, but neophytes were allowed to approach the altar, Serm. 225, c. 6. In the Church of Milan the laity communicated outside the choir as appears from St. Ambrose forbidding Theodosius to lemain within the palisades of the altar, Theodoret. v. 18. The same appears to have been the Greek practice, from Concil. Laodic. a.d, 363, Can. 19, but the emperor was allowed a place in choir by Concil. Trull. a.d. 692, Can. 69, The Eucharist. 131 beeu sometimes celebrated without consecrating the cup at all (-^*). When this omission had been corrected, still, as there was no one in the absence of a deacon to administer the cup to the people C-^^), communion could only be given in such Churches, to those who desired it, in one kind f^^). Among nations much addicted to drunkenness (2^^) this practice had much to recommend it. It prevented excess (-^^), or the spilling of the chalice (-^^), and was also said to have the authority of the Church of Jerusalem in its favour (^°''). In collegiate Churches, or wherever the Eucharist was solemnly consecrated, the cup still continued to be given until variations from the common practice were discountenanced by the Council of Constance in 1415 A.D. (^°^). When wine was given to the people in lesser Churches it was, by the rule of the thirteenth century, always the unconsecrated benediction-wine (^''-). (294). Concil. Araiis. a.d. 441, Can. 17, requires both to be consecrated together, pointing to the existence of a contrary practice. (295). Iren. Haer. i. 13 ; Hippolyt. Haer. vi. 34, both mention this as the use in their day. Ordo Romanus ap. Duchesne 178 ; Lynd. 9. (296). Basil Ep. 289, ap. Thomassin De TUnite de I'figlise ii. 513, states that private communion was always in one kind. Const. 1 Peckham, a.d. 1281 : In small Churches it is allowed to none but them that celebrate to receive the Blood under the species of consecrated wine. (297). Boniface to Cuthbert, a.d. 746, in H. & S. iir. 382. Maskell, p. 49. (298). Baeda, ap. Gratian iii. Dist. li. c. 28. (299). Lynd. 9 gives other reasons. (300). Cyprian Ep. 74, 6 : All things are not observed among them [at Rome] wliich are observed at Jerusalem. La Marca Diss, in Syn. Cler. (301). Devoti, § 50, states that communion in both kinds was usual [in larger Churches] in the time of St. Thomas Aquinas. At Sess. xiir. of the Council of Constance it was decreed that no one might reprobate the Church's use, or introduce communion under both kinds at his discretion. (302). Const. 1 Peckham, a.d. 1281 : Let priests, when they give the Holy Communion at Easter, or any other time, instruct the people that the Body and Blood of our Lord is given them at once, under the species of Bread — nay, the whole living and true Christ, who is entire under the species of the Sacrament. Let priests, at the same time, instruct them that what is given them to drink is not the Sacrament but mere wine, to be drunk for the more easy swallowing of the Sacrament. 132 Short Manuals of Canon Laiv. 27. Formerly the faithful at rest were individually made partakers of the benefits of the Eucharist by having an offering made on their behalf, and their names presented or read out i^^'^') by the deacon from the diptychs or roll of the Church {^^). They were not, however, allowed to be communicated sacra- mentally after death (^^s). The practice of reading out names appears to have fallen into disuse with the decline of solemn Eucharists ; and, in larger Churches, the names were instead inscribed in a book called the annal-book, album, or book of life which lay on the altar (^°°), and were only collectively (303). Cyprian Ep. 9, 2 : An offering is made for them, and their name is presented. Id. Ep, 65 (Cap. 1) : It is not allowed that any offering be made by you for bis repose, nor any prayer be made in the Chiircb in his name. Innocent, a.d. 416, ap. Gratian iii. Dist. 1. c. 75 : As touching the reading out of names [according to the Gallican practice] before the priest offers up prayer, and commends in his own prayer the oblations of those whose names are to be read out, you yourself must acknowledge how super- fluous is the practice, that you should first mention to God, to whom nothing is unknown, the name of one whose host you have not yet oflfered. In the Mozarabic and Gallican rites, the diptychs were read out after the second principal prayer in the missa fidelium, and before the prayers which corre- spond with the Eoman Canon. Mabillon Lib. i. c. 2. Stat. Eccl. Ant. a.d. 505, Can. 95 : Those who withhold offerings for the dead are slayers of the needy. Concil. Aurel. ii. a.d. 533, Can. 15 : Offerings for the dead who die in any crime we deem may be permitted, provided they have not committed suicide. Theodori Poenit. il. v, 4, 1, c. ill. 194 : It is cus- tomary for masses to be said for [deceased] monks every week, and to read out their names. Id. i. v. 12, Ihii. p. 181 : If a priest celebrates mass, and another, in reading out the names of the dead, includes heretics, and the priest afterwards discovers it, let him do penance. (304). The diptychs were plates of wood or ivory folded into two parts — one containing the names of the living, the other of the dead. At a later time they were folded into three parts. Maskell, Early Liturgy, 124 ; Ter- tullian de Cor. Mil. c. 3. Apost. Const, viir. 41 : Let us pray for our brethren that are at rest in Christ. Syn. v. a.d. 553, ap. Gratian, Cans. XXIV. Qu. II. c. 6, says that names may be placed in them after death. (305). Concil. Carthag. ill. a.d. 397, Can. 6 ; Concil. Autissiodor. a.d. 578, Can. 12. (306). The book of life is mentioned by St. John (Rev. v. 8). In the Antiquities of Durham (Surtees Society) it is said. There did lie on the high altar an excellent fine book, very richly covered with gold and silver, The Eucharist. 133 remembered in the comnicmoration of the dead towards the close of the canon (2°''). 28. To enable the absent faithful to participate, portions of the Eucharist were from the earliest times reserved for them. Some of these were carried to the sick by the deacons (3"^) in small wicker baskets and glass vials (^°^). In the Gallican Church the dying appear to have been communicated with the cup only i^^^), but usually the hallowed bread was conveyed, and the sick were communicated by intinction with a sop (^^^). containing the names of all the benefactors towards St. Cuthbert's Church, from the very original foundation thereof — the very letters of the said book being, for the most part, all gilt. This Liber Vitae, which, for six cen- turies, lay on the high altar, first at Lindisfarne, then at Chester-le-Street, and, lastly, at Durham, is still extant, and has been edited. Baeda Prolog. 1 ad. Eadfrid : After my death do you for the redemption of ray soul, as that of a friend and close com2)anion, offer masses and enter my name among those of your community. Lingard's Anglo-Saxon Church, il. 64, (307). Floras diaconus De actione missarum, a.d. 853, in Bib. Max Lug- dun. XV. 79 says, after the words, " who sleep the sleep of peace," &c., in the prayer. Memento etiam Domine, towards the close of the canon, Maskell, p. 122. (308). Justin 1 Apol. 67, a.d. 139 ; Concil. Clovesho, A.n. 747, Can. 26 ; Edgar's Law 38, a.d. 960 : Let the priest have the Housel always in readiness for them that may want it, Gratian in. Dist. li. c. 93 ; Egbert's Excerpt 22, a.d. 740 : That priests have the Eucharist always ready for the sick, (309). Hieronym. Epist. 125 c, 20: Nihil illo ditius qui Corpus Domini canistro vimineo et Sanguinem portat in vitro. Pellicia il. 10, states that this continued to be the practice up to the sixth century. According to Fridegonde in Acta SS. Benedict. Saec. rv. I. 725, Wilfrid was thus communicated on his death-bed in the seventh century : Spiritus ergo viri, Michael repetente, beati Vimineo condens Corpus Kyriale canistro Exhausit vitro vitalem digne cruorem. (310). Stat. Eccl. Ant. a.d. 505, Can. 76, ap. Gratian, Caus. xxvi. Qu. VI. c. 8 : Et infundatur ori ejus Eucharistia. ConciL Tolet xi. A.D. 656, Can. 11, mentions a sick man only able to drink the cup, but unable to swallow the Eucharist. (311). In Eusebius vi. 44, Dionysius of Alexandria, A.D. 285, says : I gave the boy [who came as a messenger] a small portion of the Eucharist, telling him to dip it in water and drop it into the old man's 134 Short Mantials of Canon Lazv. Other portions were sent by bishops to one another at Easter to keep up communion in the one Body between different parts of the Church (^i^)^ and by the bishop to his presbyters within the city. This was termed the Fermentum, but to send beyond the city was forbidden in the fourth century (^i^). Others again were reserved for the commixture at the next solemn Eucharist by way of preserving the continuity and inter- communion of the Church of all time. This was called the rite of the Sancta in the Roman Church. The equivalent of the Fermentum and the Sancta in parts of the Eastern Church is the holy leaven used to leaven the Eucharistic bread, which is traditionally derived from the Apostles' times. 29. In the Church of Antioch the Eucharist was reserved in a vessel in the form of a dove (3^^) ; in the Gallican Church, in that of a tower {^^^) ; in the Roman Church, in a box called a Eucharistial or new Sepulcre of the Body of Christ (^^^), which was sometimes kept in the sacristy (^^''), hence called mouth. Baeda iv. 14, a.d. 730, says : Causing also part of the Lord's Oblation to be carried to the sick boy. Leofric Missal, p. 241, a.d. 1040, directs the sick man to be communicated by intinction. (312). In Euseb. v. 24, Poly crates, a.d. 190, addresses Victor: The presbyters before this sent the Eucharist to those Churches who observed Easter differently. (313). Concil. Laodic. a.d. 363, Can. 14, forbids the Eucharist to be sent. Innocent I. a.d. 404, Epist ad Decentium 25, c. 5, relates that he sent the Eucharist by acolytes to presbyters in the city, but could not send it to presbyters in outlying villages because of this rule. (314). Ambros. Ep. 4 ad Felic. ; Concil. Const, sub Mena Act 5 in Harduin ii. 1319. Golden doves are stated to have been used at Antioch for this purpose. Devoti, § 52. (315). Gregor. Turon. De glor. Martyr, c. 85 ; Duchesne 195. Iren. iv. 36, 2, commenting on Matt. xxi. 33, says that the tower built first was the choice of Jerusalem, but "the beautiful elect tower, raised every- where " after the wicked husbandmen had been cast out, is the Church. (316). Martene 257 ; Lingard, Anglo-Saxon Church, ir. 39 ; Bridgett I. 239. (317). This appears to have been the Gallican use, Bridgett i. 237. Pseudo-Clemens, ap. Gratian iir. Dist. ii. c. 23 : Priests, deacons, and sub- deacons ought with fear and trembling to guard the remains of the Lord's Body. Concil. Matiscon ir. a.d. 585, speaks of the remains being in sacrario. The Encharisl. 135 the Honsel-porch, at other times in the baptistery (^^S), or in the infirmary of a monastery (^^^), or in a close place in the wall of a church (^''*'). After the thirteenth century the reservation was ordered to be in a tabernacle (^■-^), or canopied recess (^--), called a ciborium (■'-"^), usually placed above the high altar, and within a box called a pyx (^-*), lined with the whitest linen, and to be kept with care (■^-^) under lock and key (^■-*'). (318). Paulinus Ep. 22 ad Sever. (319). Baeda iv, 24, relates this of Hilda's monastery. (320). Lynd. 248, says this was the jiractice in Holland and Portugal, and was more conformable to the decree of Honorius in. in Decret. Lib. III. Tit. xLl. c. 10, than the tabernacles introduced by Peckhani. (321). Honorius in. in Decret. Lib. ill. Tit. XLi. c. 10. Const. 7 Peckham, a.d. 1279, enjoins that for the future a tabernacle should be made in every Church with a decent enclosure, according to the greatness, of the cure and the value of the Church, in Avhich the Lord's Body may be laid, not in a purse or bag, but in a fair pyx, so that it may be put in and taken out without any hazard of breaking. Lynd. 248, says that it is the parishioners' duty to provide the pyx, but the incumbent's to provide the tabernacle. (322). Bridgett ii. 87 ; I. 237, states that tabernacle in later times meant a niche to receive a statue, and was the name given to any recess with a canopy, such as the recess in a reredos. Durandus i. c. 2 and 3, uses it of the pyx. (323). The ciborium is described as an umbraculum projecting over the holy table, and appears to be the apsidal vault, of which the baldachino is the modern equivalent. (324). Concil. Ebor. a.d. 1195, Can. 1 ; Concil. Westminster a.d. 1200, Can. 1 ; Const. 21 Edmund, a.d. 1236 ; Const. 7 Peckham, a.d. 1279 ; Const. 4 Eeynolds, a.d. 1322 : Let the Holy Eucharist be kept in a clean pyx of silver or ivory, or otherwise as befits the sacrament. This is sometimes called capsa, or repository, or a chrismal. (325). Theodori Poenit. I. xii. 8, a.d. 673, in H. & S. iii. 187 : He who loses the sacrament, so that it is devoured by wild beasts or birds, if by accident let him fast weeks, if by negligence, three Lents. Gratian III. Dist. IL c. 90, prescribes sixty days' penance, if through careless- ness a mouse consume it ; thirty days for letting it fall in Church, if it cannot be found. (326). Decret. Lib. iii. Tit. XLlv. c. 1. ; Synod Chichester a.d. 1289, in Wilkins li. 169. Bridgett ii. 89, shows that at Liege in 1182 the pyx was locked. 136 Short Mamcals of Canon Law. 30. Reservation of the Eucharist for subsequent communion, although universal in the ages of persecution, was discoun- tenanced in the fourth century for fear of abuses (^-^). The custom then was for the unused Particles to be consumed by the priest or by some innocent persons of good life (^-^). Mediseval canons forbid reservation entirely, except for the communion of the sick (2-^), for whose benelBt it was directed to be made afresh every Sunday (^^^). The Eucharist thus reserved should not, however, be kej^t from one year's end to another (^^i)^ nor until the particles grow stale (^^2), nor for more than eight days (^^^). It should never be denied to the (327). See note 249. (328). Evagrius iv. 36 : It is an old custom in the imperial city that when there remained over a considerable quantity of the holy fragments of the immaculate Body of Christ our God, boys of tender age should be fetched from among those who attend the schools to eat them. Nicephorus xvii. c. 25, says that when a boy at school he himself frequently partook of those fragments. Concil. Matiscon. ll. A.D. 585, Can. 6 : Whatever remains of the sacrifices are found in the vestry after mass, let innocent persons be brought to the Church to consume them fasting, on Wednesday or Friday, Syn, Exon. a.d. 1287, in Wilkins ii. 132, quoted note 329. Const. Marsh Dunelm, a.d. 1220 ; Ibid. I. 580. (329), Bridgett Hist. Eccl. ll. 85, observes that the practice of reserving particles for communicants at a subsequent celebration was in the Middle Ages unknown. Can. 37, Elfric a.d. 957 : That Hoiisel which was hallowed to-day is as holy as that which was hallowed on Easter day. Syn. Exon. A.D. 1287, in Wilkins ll. 132 : For the sake of the sick, the incumbent must always liave consecrated Hosts, which it is strictly forbidden to keep more than 7 days ; those that remain are to be consumed on the Sunday before the ablution of the chalice by the celebrant or another priest. Giraldus, a.d. 1180, Gemma EccL Dist. 1. c. 8: The priest must not presume to consecrate more Hosts than are sufficient for the people, and if any remain over they must not be kept till the next day, except a few for viaticum, but be consumed reverently by the clergy. (330). Concil. Ebor. a.d. 1195, Can. 1 ; ConciL Westminster a. D. 1200, Can. 1 j Const. 7 Peckham, a.d. 1279 ; Const. 4 Keynolds, a.d. 1322. (331). Can. 37 Elfric, a.d. 957. (332). Theodori Poenit. I. xii. 6, a.d. 673, orders it to be burnt if stale through keeping ; Edgar's Law 38, a.d. 960 : That the priest take care that the Housel does not grow stale. (333). Concil. Westminster a.d. 1138, Can. 2. The EncJiarist. 137 dying (^^"'), but according to mediifval rule it should be carried to them, not by laymen or women (^^•'), but by the priest vested in surplice and stole, bearing it on his breast (•'■^*'), with a light in a lanthorn going before him, because He who is the brightness of eternal light is being carried forth (2^'^), and a bell sounding to incite the people to due reverence (^^^). In cases of necessity it may be carried by a deacon, or by any one (^^^), and in such cases consecration is sometimes allowed in the sick chamber itself (^*°). (334). Concil. Nic. a.d. 325, Can. 13 : If any one is at the point of death let him not be deprived of the last and most necessary viaticum. Theodori Pocnit. i. viii. 5, in H. & S. iii. 184 ; i. ix. 7 ; lUi. 185 : If any priest shall refuse to baptize a sick person commended to him for bap- tism, or for the viaticum (pro intentione itineris) ... let him be deposed. (335). Concil. Rothomag, A.D. 650, ap. Gratian iii. Dist. ii. c. 29 ; Can. 6, Theodulf, a.d. 994. (336). Concil. Rothomag. 1. c, Const. Marsh, a.d. 1220 in Wilkins I. 281 ; Const. Cantihipe, a.d. 1240, Ihid. i. 665 ; Concil. Ebor. a.d. 1195, Can. 2 : Let tlie priest in person carry the Host in a clerical habit, suitable to so great a sacrament, with a light going before. Concil. Westminster a.d. 1200, Can. 1, mentions a cross also. Const. 7 Peckham, a.d. 1281, and Const. 4 Reynolds, a.d. 1322 ; Lynd. 249. (337). Wisdom \^I. 26 ; Grossteste Epist. 52 (Rolls-Series) ; Const. Quivil. Exon. a.d. 1287, in Wilkins ii. 132 ; Lynd. 249, says : The bell and lanthorn may be fastened to the horse's neck in riding. (338). Lynd. 249 gives the prayer of due reverence, as : Salve Lux mundi, Verbum Patris, Hostia vera Yiva Caro, Deltas Integra, verus Homo, Salve Caro Christi, quae pro me passa fuisti, Intus me munda, Christi Caro, Sanguis et i;nda. Or otherwise : Ave verum Corpus natum ex Maria Yirgine, Vere passum, immolatum in cruce pro homine, Cujus latus vulneratum vero fluxit sanguine, Esto nobis praegustatum mortis in examine dulcis, 23ie, Jesu, fill Mariae. Maskell p. 139 ; Bridgett ii. 66, gives others. (339). Euseb. vi. 44, relates how Bishop Dionysius of Alexandria, in 258, sent the Eucharist by a boy. Can. 16 Elfric, a.d, 957 ; Concil. Westminster A.D. 1138, Can. 2 ; Concil. Ebor. a.d. 1295, Can. 6. (340). See note 90. 138 IV. PENANCE. Penance as the Ministry of Eeconciliation. 1. Penance has been defined to be a mystery wherein he who confesses his sins is on the outward declaration of the priest loosed from the guilt of them by Jesus Christ Himself Q). It is called the sacrament of the returning {^), or the reconciliatory imposition of hands (^), a singular remedy for such as have suffered shipwreck from the faith (*), and is described as one of the three kinds of penitence (^), one of the seven means (^) (1). Catechism of Russian Church. (2). Const. 6 Peckham, a.d. 1281 ; Lynd. 43. (3). Concil. Araus. a.d. 441, Can. 3. (4). Hieronym. ap Gratian Cans, xxxiii., Qu. 3, Dist. 1. c. 72, repeated Const, 18 Boniface, a.d. 1261 : The sacrament of confession and penance is like a plank offered to us after shipwreck, and the last refuge to them that are passing the waves of this troublesome world. Const. 6 Peckham, A.D. 1281 : The sacrament of penance is a singular remedy for such as have been shipwrecked. (5). Augustin ap. Gratian Caus. xxxiir. Qu. iii. Dist. 1. c. 81, says there are three kinds of penitence whereby sins are forgiven : (1) that which leads to baptism, (2) the life-long penitence of the baptized, who look for- ward to eternal life, and (3) penance, such as fasting, almsgiving, and prayer for breaches of the decalogue. (6). Origen Hom. 2 in Levit., followed by Cap. 36 Theodulf, a.d. 994 : Sins are forgiven by seven means : (1) by baptism, which was given for the remission of sins ; (2) by siiffering, concerning which the Psalm-poet saith, Blessed is the man to whom the Lord imputeth no sin ; (3) sins are redeemed by almsdeeds : As water quencheth fire, so doth almsdeed sin [Ecclus. III. 20], and Give alms whereby ye may be clean [Luke xi. 41 ; 2 Clem. Rom. c 14] ; (4) by forgiving others, as it is said in the Gospel, Forgive, and ye shall be forgiven ; (5) by instruction and preaching, as If one converteth a man from wrong to right, he ransoms his soul from death and covers a multitude of sins [James v. 19, 20] ; (6) by the true love of God and man, as it is said, The true love of God and man covers the multitude of sins [1 Peter iv. 8] ; (7) by satisfaction [penance], as David saith, I ceased from my pride and my misdemeanour and do penance, so I Penance. 13U whereby remission of sins is obtainc>d, and one of the two planks for the salvation of sinners (^). The term penance is, however, used in a wide sense to express three distinct but connected things: (1) The sacrament of penance, or ministry of reconciliation (^), sometimes called the court of penance (^) ; (2) the remedial power (virtus) or discipline, which is the ante- cedent condition of reconciliation {^^) ; and (3) the sacrament have forgiveness [Ps. xxxii. 4, 5]. Barrow De potest, clavium, enumerates five means : (1) preaching, (2) baptism, (3) penance, (4) commnnion, (5) relaxation of censures ; but communion was never allowed as forgiveness of sins except to the dying, and relaxation of censures is another name for penance. Wordsworth, on 2 Cor. v. 19, says that the ministry of recon- ciliation is exercised in three ways : (1) in preaching, whereby the kingdom of heaven is opened by the key of knowledge ; (2) in baptism ; (3) in the absolution of penitents. These are called the word, the sacraments, and the ministry. (7). Tertullian de Poenit. c. 7 : Although the gate of forgiveness has been fastened up with the lock of baptism, God has permitted it still to stand somewhat open. In the vestibule He has stationed repentance, the second to open to such as knock, but now once for all . . . never more. Leo, A.D. 452, ap. Gratian Cans, xxxiii. Qu. in. Dist. 1. c. 49 : The manifold mercy of God so succours human failings, that not only by the grace of baptism, but also by the medicine of penance, the hope of eternal life is kept alive. Augustin Ihid. Caus. xxxii. Qu. 1. c. 7, says that men are either cleansed in baptism or healed in penance. Cap. 36 Theodulf, A.D. 994 : Satisfaction [penance] is, as it were, a second baptism ; as in baptism the sins before committed are forgiven, so by satisfaction [penance] are the sins committed after baptism. Lynd. 231, 237 : The other baptism takes away the guilt and also the punishment. (8). Hieronym. ap. Gratian Caus. xxxiii. Qu. in. Dist. 1. c. 70 : The Church of Christ is glorious, not having spot or wrinkle. He who is' a sinner and spotted with iincleanness cannot be said to be of the Church, nor called a subject of Christ. But it is possible that, as the Church which previously had a wrinkle and spot has been restored to youth and beauty, so the sinner may have recourse to the physician, because The whole have no need of a physician, but they that are sick, that their wounds may be healed, and they may 1ie restored to the Church, which is the Body of Christ. (9). See below, note 109. (10). Tertullian de Poenit. c. 9 : Confession is a discipline for man's prostration. Hieronym. 1. c. c. 72, speaks of the sacrament of (1) confes- sion and (2) penance. Const. 18 Boniface, a.d. 1261. 140 Short Manuals of Canon Law. of anointing or annealing, which is the consummation of the life-long penitence of the baptized. 2. The power of forgiving sins was by Christ committed to His Church Q^'). Hence the bestowal of forgiveness as well by penance as by baptism would seem to make penance a sacra- ment ordained by Christ (^-). Nevertheless, since neither the giving of penance, nor the imposition of hands, nor a declaration of absolution are known to have been directly prescribed by Christ for that purjDose, these jDarticular modes of giving remis- sion of sins would appear to be an institution of the Church. After a lengthy dispute in the 3rd century as to the possibility of sins unto death being forgiven at all by the Church after baptism Q^'), it was finally ruled that even idolatry, murder, adultery (^'*), and other crimes to which the civil law attached (11). Matt. XVI. 19 ; xviii. 17-19 ; John xx. 22, 23. (12). John XX. 23 ; Heb. xii. 6 ; Rev. II. 4 ; 2 Sam. xii. 14 ; 1 Cor. v. 5 ; Iren. Haer. l. 6, 3 and 10, 1, speaks of some being holy from their re- pentance. Leo Epist. 108 (al. 83) : The Mediator between God and man, Christ Jesus, hath given this power to the presidents of His Church, that they should both impose penance on those who confess, and should admit the same when purified by Avholesome satisfaction, through the gate of reconciliation, to the communion of the sacraments. (13). There being no second baptism for the remission of sins (Heb. v. 14 ; Hippolytus Haer. vi. 36 ; ix. 7), the Novatians, according to Socrates I. 10, contended that -'those are unworthy of participation in the divine mysteries who, after baptism, have committed a sin unto death (1 John V. 16) ; that such indeed should be exhorted to repentance, but must not expect remission from the priests but from God, who is alone able and has authority to forgive sins." Cyprian Ep. 55. (14). Tertullian de Poenit. c. 4 : To all sins God grants pardon by means of repentance. Cyprian Ep. 5 (Oxf. 55), 27 : No one is to be restrained from the frnit of satisfaction and tlie hope of peace. Lactantius vi. 24 : It is possible for one who has turned aside to unrighteousness to be brought back and to be set free if he repents of his actions, and turning to better things makes satisfaction to God. Ambros. ap. Gratian Cans, xxxlii. Qu. in. Dist. 1. c. 50 : God has excepted no crime, but has forgiven all sins. Concil. Aurel. II. A.D. 533, Can. 20 ; Concil. Andegav. a.d. 453, Can. 12 : Room for repentance is open to all. Yet Concil. Ancyr. a.d, 314, Can. 22, excluded voluntary homicides from communion for life. Tertullian De Pudic. c. 1. A.D. 200, censured Zephyrinus for re-admitting adulterers to communion. Concil, Elib. a.d. 305, also excluded from commnnion for life for several Penance. 141 the penalty of death, might be forgiven by the aid of the collective prayers of the faithful (^^), but not without sharp discipline and satisfaction Q^') on the part of the offender. Pen- ance therefore came to be called the baptism of labour, because it cleanses from the guilt of sin, but does not necessarily deliver from its temporal consequences, only substituting for punish- ment voluntarily undertaken labours {p). 3. In the early days of the Church both the avowal of sin, ' the discipline imposed to cleanse from its effects, and the reconciliation took place openly and solemnly. It was then permitted, both for avoiding scandal to others and also in order to induce those guilty of excesses the more readily to come to repentance, to deal with private offences privately, whilst open penance was still reserved for open sins (i^), and such crimes. To the crimes named above, Concil. Epaon. a.d. 517, Can. 31, and Cap. Theodulf ap. Gratian Cans. xxir. Qu. 1. c. 17, added perjury. (15). Math, xviir. 19 ; Tertullian De Pudic. c. 2 : Where there is the efficacious power of making request, there likewise is that of remission ; where there is no power of making request, there is none of remission. Ihii. c. 13 ; Cyprian Ep. 39 (Oxf. 43), 2 : By prayers and supplications, with long and continual satisfaction, the Lord must be appeased. (16). Concil. Laodic. ^v.d. 363, Can. 2, ap. Gratian Caus. xxvi. Qu. vir. c. 4 : To such as have fallen into various sins, and by prayer, confession, and penitence prove conversion from their evil ways, let a time of penance be appointed according to the quality of the sin, because of the mercy and goodness of God. Chrysost. Horn. i. post Pent. : Thus after baptism sins are purged away with much pain and labour. Blickling Homil. i. 292 : No man can be baptized twice ; but if a man go wrong after his baptism, we believe that he may be saved if he sorroweth for his sins with tears, and do penance for them as his teacher shall instruct him, (17). Loening Kirchengeschichte r. 248 : Penances are not punishments, but means for avoiding punishment. Saxon Homil. in Soames 303 : Pen- ance (deadbot) with cessation from evil . . . and holy prayers heal and medicine the soul. (18). Iren. Haer. I. 13, 7 : Some make a public confession of their sins, but others, ashamed to do tliis, have apostatised altogether. Augustin ap. Gratian Caus. ii., Qu. 1. c. 19 : Those sins which are committed in secret must be censured in secret. Leo, a.d. 459, Ibid. Caus. xxxiil., Qu. ur. Dist. 1. c. 89 : Albeit the plenitude of faith appears laudable, which for the fear of God is not ashamed to blush before men, yet, since all sins are not of a kind to bear publication by those who ask for penance, let the 142 Short Maimals of Canon Law. other private sins as the confessor might appoint. A presbyter, called a penitentiary (^^) or general confessor, was appointed to act for the Church, to hear the confessions of offenders, to prescribe the period and nature of discipline according to the received rules (^'^), to pray for the guilty ones, or to direct them to seek the corporate prayers of the Church as penitents (^^), custom wliich cannot be aijproved (imj^robabilis) be removed, lest many- should be deterred from the remedies of penitence, . . . That confession suffices which is offered first to God, and then to His priest who acts as an intercessor for the sins of penitents. More then will be [induced to have recourse to penance, if the conscience of him who confesses is not laid bare to the ears of the public. Concil. Ticin. a.d. 850, Can. 6 : That such as have sinned in secret confess to those whom the bishops and arch- priests of flocks have selected as suitable physicians for the secret wounds of souls. Lynd. 127 ; Innocent lir., a.d. 1199, in Decret. Lib. I. Tit. iv. c. 3, forbids the consulting of the general community. (19). There appear to have been two classes of presbyters — (1), teaching presbyters, who are mentioned by Cyprian Ep. 23 ; and (2), penitentiary presbyters. Sozomen vii. 16, relates that this was the practice among all Churches and sects. The office of penitentiary was abolished at Con- stantinople in 389 A.D., under circumstances related by Socrates v. 19. Ambros. ap. Gratian Cans. xvi. Qu. 1. c. 21, recognises it as one of the duties of presbyters to give penance ; also Gregory, Ihid. c. 23. Concil. Clovesho, A.D. 747, Can. 11, names judging [i.e., giving penance] as one of the presbyter's three duties. Lynd. 341, 326, says the necessary qualifica- tions to make a good confessor are, (1) a retentive memory to carry the past ; (2) forethought to anticipate the future ; (3) knowledge of human nature ; (4) skill in applying remedies ; (5) willingness to learn from others ; (6) discretion to distinguish good from evil ; (7) personal holi- ness, without which discretion is impossible. (20). Concil. Carthag. iii. a.d. 397, ap. Gratian Cans. xxvi. Qu. vii. c. 5 : Let the times of penance be awarded penitents, according to the difference of their sins, by the bishop's discretion. Concil. Nic. A.D. 325, Can. 11, ordered twelve years for the greatest sins, which, in the Western Church, were reduced to seven years. Leo a.d. 458, ap. Gratian Cans. xxvi. Qu. VII. c. I. : The times of penance must be awarded with discretion. (21). Origen. Horn. li. in Ps. 37 : Scripture teaches us that we must not conceal the sins we have committed. . . . But be careful to choose well the person to whom you disclose your sins. ... If he decides that your evil is such that it ought to be exposed and treated before the assembly, ... be obedient to the experienced counsels of this chosen jjliysician of your soul. Penance. 143 and at the end restore them, if found deserving, under the bishop's direction (-"-). 4. The duties of the penitentiary were always considered the most difficult of sacerdotal duties, (1) because in weighing the moral guilt of sin so many circumstances have to be con- sidered, such as the sex, age, condition, position in life, the mind and general habit of the offender (-^), which involves discretion ; and (2) because in prescribing discipline penances have to be awarded, not merely by way of satisfaction for the injury done to the outward holiness of the Church, which is the (22). Herard of Tours, Ihid. Cans. xxvi. Qu. vi. c. 4 : Let priests recon- cile penitents, in respect of secret sins, by the bisliojys direction. Ayliffe 19, 21. (23). Iren. Haer. iv. 1,1: It is impossible for one to heal the sick if he has no knowledge of the disease. Augustin, Ihid. Caus. xxiv. Qu, 1, c. 21 : Let us not apply treacherous balances — weighing what we wish, how we wish, at our own caprice. Leo, a.d. 458, Ihid. Caus. xxvi. Qu. vii. c. 1 : The times of penance must be determined by your judgment, according as you observe the mind more or less devout, having regard, moreover, to old age and all kinds of perils, and considering the necessities of health. Baedae Poenit. a.d. 730, in H. & S. in. 327 : Exhorting every discreet ])riest of Christ carefully to discriminate the sex, age, condition, state, the person of the penitent, and his heart. Egbert's Poenit. a.d. 766, Ihid. 417 : All, therefore, are not to be weighed in the same scale, although they are detected in the same offence, but a distinction must be drawn between rich and poor, freedmen and slaves, &c. Nicolaus i. a.d. 864, ap. Gratian 1. c. c. 3 : Because all crimes are not equal ... we must leave this to your decision, seeing you can investigate the place and times of religion, the degree of the fault, and the repentance, and the sighs, of those who come to confess. Syn. viii. a.d. 869, Ihid. z.*l\k. time of penance must be awarded commensurate with the quality of the offence. Can. 31 Elfric, a.d. 957 ; Can. 3, 10, 11, Dunstan, a.d. 963 ; Concil, Ensham a.d. 1009, Can. 22 : Distinctions are discreetly to be made between the old and the young, the wealthy and indigent, the firm and the infirm, and every rank, both in religious shrift and in worldly corrections. Alexander IIL to Bishop of Exeter, in Decret. Lib. v. Tit. xii. c. 6 ; Concil. Westminster A.D. 1200, Can. 4 : In administering penance we charge that priests, according to the canons, diligently consider the circumstances, the condi- tion of the person, and of the sin, as also the time, jilace, and occasion, together with the backwardness or devotion of the i)enitent. Lynd. 212, 261, 68. 144 Short ^f annals of Canon Law. province of public discipline, but also as tests of repentance (-^) and aids to purification from sin ('-^), which is the principal consideration in private discipline. Accordingly a special branch of canon law, called casuistry (-^) or moral theology, is devoted to this subject, and individual penitentaries are re- quired to exercise their office strictly in accordance with the general rules prescribed by the Church. 5. Under the parochial system the duties of the penitentiary were, with certain restrictions, committed to all incumbents having a cure of souls (^'^j, and in consequence express words giving them power to remit and retain sins (■"^) were introduced at the end of the office for the ordination of priests. Rules for their guidance were at the same time laid down in so-called penitentiaries (-^). All the graver sins and more difficult cases (24). Augustin ap. Giatian, Cans, xxxill. Qu. in. Dist. 1. c. 84 : The measure of grief, rather than of time, must be considered in awarding penances. Ei^ist. v. c. 1, states that satisfaction is made, not so much by the penances themselves, as by the submission to them. Concil. Clovesho, A.D. 747, Can. 27 ; Egbert's Poenit. xvi. in H. & S. nr. 431 ; Lynd. 231, 336 ; Innocent iii. in Decret. Lib. v. Tit. xxxviii. c. 8 ; Lynd. 231, 336. (25). 1 John III. 3. (26). Casuistry is, properly speaking, the choice between conflicting duties which determines the relative guilt of sins. Thus Augustin ap. Gratian Caus. xxxiii. Qu. ii. c. 9, says : Since, by the law of Christ, it is alike forbidden to kill an adulteress, and to marry another in her lifetime, both must be abstained from. But if he Avill do one which is not allowed, let him rather commit adultery by marrying another in her lifetime than commit murder. (27). Concil. Paris, a.d. 829, Can. 29, forbids mass-priests to absent themselves from their churches, lest children should die unbaptized, or adults unshriven. Elfric, Can. 31, a.d. 957 : The priest shall likewise with discretion enjoin penance. The shrift referred to in Dunstan, Can. 4, 16, 54, 71, A.D. 963 and Cap. 31 Theodulf, a.d. 994, is the mass-priest. (28). The words. Whosoever sins ye remit, &c., were added in the 13th century, after the ordination Eucharist was concluded. (29). Euseb. vi. 44, says that Dionysius, Bishop of Alexandria, a.d. 250, wrote a book on degrees of faults. Penitentials exist of Gildas, a.d. 570, in H. & S. I. 108 ; of Theodore, a.d. 673, Ihid. iiL 180 ; of Baeda, a.d. 730, Ihul. 326 ; of Egbert, a.d. 750, Ihid. 423 ; Alfred's Law, a.d. 877 : Holy bishops in many synods have settled the satisfactions due for many human crimes, and have in synodical books commanded to be WTit down in what case one doom, in what another. Penance. 145 were nevertheless reserved for the bishop (•'*^) or his peniten- tiary to deal with, except at the hour of death (^^), and those greater crimes for which the canons forbid individual bishops to give penance were reserved to the metropolitan, or to the greater metropolitan, the pope, as representing the Church at large (^-). 6. The crimes which by mediaeval constitutions are reserved to superiors (2^) include murder (2*), sacrilege (•^■''), unnatural crime i^^), incest (^^), violence to consecrated virgins (^^), violence to parents (2^) or lesser clerks (■^°), perjury (•*^), breach of (30). Concil. Elib. a.d. 305, Can. 32 : If any one by a grave lapse has fallen into the ruin of death, penance may not be done before a presbyter, but only before the bishop. Cyprian Ep. 12 : Those who have received certificates from the martyrs, ... if they should be seized with peril of sickness, let them, without waiting for my presence, before any presbyter who may be had, or if a presbyter should not be found and death be imminent, before a deacon, make confession of their sin, Concil. Winton. a.d. 1071, Can. 11 : That bishops only give penance for gross sins. Const. 16 Edmund, a.d. 1236 ; Devoti Inst. Lib. ii. Tit. ll, § 85 ; Lynd. 340. (31). Cyprian Ep. 12 ; Concil. Westminster a.d. 1138, Can. 10. (32). Cyprian Ep. 31, mentions cases which he must consider with a common council. Concil. Nic. a.d. 325, Can. 5 and 8 ; Dunstan, Can. 38, A.D. 963 : If one slay an ecclesiastic, or his own nearest kinsman, let him leave his country and estate and do as the pope directs. Cnut's Law 12, a.d. 1018 : If an altar-thane be a man-slayer, ... let him go away as far in pilgrimage as the pope enjoins. Const. 16 Edmund, a.d. 1236 : But there are cases in which the pope alone has power to absolve. The Dimetian Laws in H. & S. I. 279 : If a traitor return with a letter showing he is absolved by the pope he is to have his patrimony. (33). Can. 12 Dunstan, a.d. 963, says any capital crime. (34). Theodori Poenit. I. iv. 5, in H. & S. iii. 180 : If one kill a clerk he is in the bishop's judgment. Const. 16 Edmund, a.d. 1236 ; Const. 7 Peckham, a.d. 1281. (35). Const. 16 Edmund, including sorcery. Concil. Westminster a.d. 1200, Can. 7. (36). Ihul. (37). Ihid. Const. 17 Peckham, a.d. 1281. (38). lUd. (39). Ihid. (40). Ihid. Theodori Poenit. A.D. 673, in H. & S. ill. 180. (41). Athelstan's Law 7, a.d. 925 ; Cnut's Law 25 a.d. 1018 ; Concil. Ebor. A.D. 1195, Can. 7 ; Concil. Westminster a.d. 1200, Can. 7. L 146 Shoi't Mantials of Canon Law. vows (*2), arson {^'■^), all the excesses condemned in general sen- tences of excommunication (4*), knowingly using false weights(*°), neglect of clerical dress {^^), disobedience to the rules as to clerical stipends (^7-) and preaching (^s), molestation in tithe-taking (^9), clandestine marriages (^°), and assaults committed in church- yards (^^). Most of these excesses are in the southern province allowed to be dealt with by the bishop or his penitentiary (^2), but heresy is by English rule reserved to the archbishop (^^) ; and some crimes are reserved to the pope only(^*), such as killing or offering violence to one in holy orders, a monk or a nun {^°), burning a church (^^), falsifying a papal bull, or know- ingly using one falsified (^''), communicating with one excom- municated by the pope, or partaking in crime with such a one (^^), and holding a plurality of benefices without a dis- pensation (^9). In the northern province all the thirty-six (42). Const. 16 Edmund, a.d. 1236. (43). Concil. Westminster a.d. 1200, Can. 7. (44). Const. 1 Stratford, a.d. 1343. (45). Const. Chichele, a.d. 1430. (46). Const. 2 Stratford, a.d. 1343. (47). Const. 1 Sudbury, a.d. 1378. (48). Const. 1 Arundel, a.d. 1408. (49). Const. 7 Mepham, a.d. 1328 : We reserve the absolution of tliem to the diocesan of the place. Const. 4 Stratford, a.d. 1343. (50). Const. 7 Zouche, a.d. 1347. (51). Const. 1 Bourchier, a.d. 1463. (52). Const. 16 Edmund, a.d. 1236, mentions the bishop's penitentiary ; also Concil. Ebor. a.d. 1195, Can. 17 ; Const. 5 Otho, a.d. 1237 ; Const. 2 Langham, a.d. 1367 ; Const. Chichele, a.d. 1430. (53). Const. 1 Arundel, a.d. 1408 ; Const. 6 Winchelsea, a.d. 1305, Lynd, 284, 294. (54). Const. 16 Edmund, a.d. 1236. (55). See Excesses, § 20 ; Concil Westminster a.d. 1138, Can. 10 : Let him be struck with anathema that kills a clerk, monk, nun, or lays violent hands on such. Let none but the pope give him penance at the last, unless in extreme danger of death. (56). Lynd. 328. (57). Ibid. (58). Ibid. (59). Const. 13 Otho, a.d. 1237 ; Const. 1 Peckham, a.d. 1279 ; Const. 24 Peckham, a.d. 1281 : We cannot dispense in cases of pluralities. Penance. 147 greater crimes are reserved to the archbishop or his peni- tentiary (60). 7. The essentials of penance considered as the ministry of reconciliation are penance or discipline as the remote matter, the giving of penance or prescribing of discipline together with the imposition of hands (*^^) as the proximate matter, and the prayer of the Church that the discipline may avail through the Holy Ghost C"'-) to intensify repentance, so as to obtain God's forgiveness as the form (®^). As the imjiosition of (60). Const. 5 Thorsby, a.d. 1363 : Whereas rectors, vicars, and priests do admit their parishioners to confession without exception or making any distinction between lesser and greater crimes. . . . We will make it appear in brief what these greater crimes are which we reserve to ourselves and our penitentiary, that, in cases where the absolution belongs to us, we may absolve penitents. (61). Augustin Ep. 149, 16 : Intercessions are made when the people are blessed ; for then the prelates, like advocates, by means of the im- position of hands, present them to the all-merciful Majesty. (62). Elfric. Hom. 1 7 Dom. post. Pent, in Thorpe, I. 500 : There is no forgiveness of sins but through the Holy Ghost. (63). Epist. Clem. 57 : Submit yourselves to the presbyters and receive correction so as to repent. Euseb. iii. 23 relates how St. John said to the robber, I -svill intercede with Christ for thee. . . . But the apostle, pledg- ing himself and solemnly assviring him that he had found pardon for him in his prayers at the hands of Christ, praying on his bended knees, and kissing his right hand as cleansed from all iniquity, conducted him back to the Church. Cyprian, De Laps. c. 16, comjDlains of some being admitted to communion "before their sin is expiated , . . before their conscience has been purged by the prayers made at the sacrifice, and by the hand of the priest." Morinus, De Adm. Poenit. Lib. xiii. 3, shows that the precatory form was used up to the 12th century in both East and West. Apost. Const. II. 41 : So do thou let all join in prayer for the offender. Pseudo- Isidor. ap. Gratian Cans. i. Qu. i. c. 91 : Priests intercede for the people and consume the sins of the people, because by their intercessions they do away with them. Ayliffe 201. The prayer in the Visitation of the Sick, O most merciful God, etc., is the old reconciliatio penitentis ad mortem (in Martene iii. c. 15 ; Palmei-'s Grig. ii. 227), which accompanied the imposition of hands. Hence, in the usual form of confession, the Anglo-Saxon for instance in Soames, p. 295, the penitent says at the end : And I pray thee humbly, who art my ghostly father, to intercede for me. 148 Short Manuals of Canon Law. hands is the outward sacramental sign whereby the effect of the Church's prayers is imparted to the individual, it is held by some to be the only sacramental matter (^*). Others, again, maintain that since a declaration of absolution has been sub- joined to the prayer for forgiveness, this declaration alone without any other outward sign constitutes the sacramental matter (^^). It must be remembered that the imposition of hands in penance as formerly practised was twofold. There was (1) the oft-repeated penitential laying on of hands, given by the bishop with uplifted hand to penitents every fasting season, whilst he publicly said over them the prayers called benedictions (^^) ; and there was (2) the reconciliatory laying on of hands (^^), which he gave at the close of penance by signing them with the sign of the cross (^^). By the (64). Liebermann, Inst. Theol. vi. 532. (65). Scotus in 4 Dist. xiv. 4 and Dist. xvi. Qu. i ; Maldonatus De Poenit. III. Qu. iii. Thes. 7. (66). Leo, A.D. 458, ap. Gratian i. Dist. l. c. 67 : By the imposition of hands tlaey receive the remedy of penance (poenitendi). Stat. Eccl. Ant. A.D. 505, Can. 80 : Let hands be laid by priests on penitents every fasting season. Concil. Tolet. III. a.d. 589, Can. 11, quoted below, note 96. See The, Sacraments, § 25. (67). Stat. Eccl. Ant. a.d. 505, ap. Gratian Caus. xxvi. Qu. vi. c. 8 : Let not penitents who have received the Eucharist in sickness consider themselves absolved without the imposition of hands. Leo, Ibid. c. 10 ; Concil. Araus. a.d. 441, Can. 2, Ibid. c. 7 ; Those who are excluded from the Body whilst undergoing penance may communicate without the reconciliatory imposition of hands, which suffices for the reconciliation of the dying according to the definition of the fathers, who appropriately call such communion the provision for the journey. But if they survive let them remain in the position of penitents. Ibid. c. 14 ; Apost. Const. II. 41 : Restore him by imposition of hands to his ancient place among the flock. Stat. Eccl. Ant., Can. 76, says that if a sick man becomes unconscious after asking for penance, he shall be reconciled by the im- position of hands. Concil. Tolet. xi. a.d. 656, Can. 12, directs a priest to give penance to the dying by the imposition of hands, and forthwith to give him reconciliation. See note 101. (68). Const. 6 Peckham, a.d. 1281 : We forbid all such confessors to stretch out their hands for the future to deceive [such excommunicates] by the sign of absolution. This, Thom. Aquin. Pars ult. Sum. Qu. 84, art. 4, says, is signing with the sign of the cross. Lynd. 388. Penance. 149 peniteutial laying on of hands the benefit of the prayers of the faithful for the purifying effects of penance are com- municated to the penitent. By the reconciliatory laying on of hands he is readmitted to communion as one whose forgive- ness has been obtained from God by the intercession of the Church. 8. The proper minister of penance is a priest i^^'), either a bishop or a presbyter — a bishop to give solemn, a presbyter to give private penance. A presbyter may give the penitential laying on of hands to solemn penitents, but he is forbidden to reconcile them publicly ("'^), and he may give neither imposi- tion of hands to a priest or deacon C'^). The ministry of re- conciliation being a corporate act effected by corporate prayer, no bishop or presbyter can validly exercise it except one who has jurisdiction ("-). Such is the bishop of the see, the dean of a (69). Ambros. De Poenit. 1. c. 1, ap. Gratian, Caus. xxxiir. Qu. iir. Dist. L c. 51 : This right is only intrusted to the priests. Theodori Poenit. il. ir. 15, in H. & S. iii. 192 : It is not allowed to a deacon to give penance, but a bishop or a presbyter ought to give it. Concil. Westminster a.d. 1200, Can. 3 : A deacon may not give penance. (70). Concil. Elib. a.d. 305, Can. 32 ; Concil. Arelat. il. A.D. 442, Can. 26 ; Concil. Araus. a.d. 441, Can. 1 ; Concil. Agath. a.d. 506, Can. 44 : It is not lawful for a presbyter to reconcile a penitent in church. Concil. Hispal. II. A.D. 619, Can. 9. (71). Leo, 1. c. It is contrary to ecclesiastical discij^line that those who are placed in the honour of the presbyterate or the degree of the diaconate should receive the remedy of penance by the imposition of hands, because it is written : If a j)riest go wrong, who shall intreat for him ? (1 Sam. ii. 25). Leofric Missal, p. 239 : Presbyter reconcilians pres- bytero manum superponere non debet. (72). Concil. Lat. iv. a.d. 1215, Can. 22 in Decret. v. Tit. xxxviii. c. 12 ; Clement in. Ihid. Tit. xxxix. c. 21 ; Const. 6 and 8 Peckham, a.d. 1281 ; Lynd. 337 and 344 enumerates as having jurisdiction : (1) the parochial incumbent, (2) the parish priest and his deputy in spirituals, (3) the pope, (4) the bishop, (5) the bishop's penitentiary, (6) the pope's legate or his penitentiary, (7) the bishop's vicar-general ; Lynd. 327, 341, 344. A regular, if in charge of a parish, may by privilege receive con- fessions, but because he cannot be a prelate by virtue of his profession he cannot be considered a jiroper priest. Devoti, Lib. ii. Tit. il. § 83, observes that all other sacraments may be validly administered by one 150 Short Manuals of Cation Law. cathedral or collegiate church, the incumbent of a parish, the rural dean of a deanery, or an authorised diocesan confessor C^^), each only for his respective subjects ; in the case of a bishop, the metropolitan C^^). All of these may delegate their office to some other priest by consent C^), and no one can choose a confessor without his superior's leave (^% except exempt prelates ('^'^) and bishops who rank as such. In cases of necessity, nevertheless, recourse may be had to any priest C^), not excepting a heretic C^), and in extreme emergency con- who has order without jurisdiction, but that penance without jurisdiction is a nullity. Lynd. 342 says that a strange jjriest's absolution has the same effect as a layman's. Perrone Praelect. 200 ; Hutton's Anglican Ministry, p. 212. (73). Concil Ebor. a.d. 1195, Can. 17, mentions the general confessor in accordance with the decree of 4th Lateran Council, Can. 22 1. c. Const. 19 Langton, a.d. 1222 ; Const. 5 Otho, a.d. 1237, direct the appoint- ment of general confessors. Const. 8 Peckham, a.d. 1281 ; Const. 10 Keynolds, a.d. 1322; Stapeldon of Exeter's Regist. p. 113 shows com- missions given in each archdeaconry to certain clergy to hear the con- fessions of ecclesiastical persons in common cases, and others granted to a few to hear confessions in greater cases. (74). Concil. Tolet. xiii. a.d. 683, Can. 10 : Whatever bishop shall receive penance by the imposition of hands ... let him be reconciled by the metropolitan. (75). Const. 5 Winchelsea, a.d. 1305 : That priests do not hear con- fessions unless they do it by leave of the president. (76). Concil. Lat. iv. in Decret. Lib. v. Tit. xxxviii. c. 12 : If for any just cause he wishes to confess to a strange priest, let him first ask for and obtain leave from his own proper priest, since otherwise the former cannot bind or loose him. Const. 6 Peckham, a.d. 1286, Decret. Lib. v. Tit. XXXIX. c. 29. (77). Gregory ix. in Decret. Lib. v. Tit. xxxviii. c. 16, allows bishops and exempt prelates to choose their own confessors, but Boniface viii. in Sext. Lib. v. Tit. x. c. 2 declares that this permission does not extend to the reserved cases. Const. 5 Winch, a.d. 1305 says not a stipendiary priest, and Const. 8 Peckham, a.d. 1281, says not the common confessors in cathedrals. (78). Coelestin, a.d. 428, ap. Gratian Cans. xxvi. Qu. vi. c. 12, 13 ; Theodori Poenit. i. viii. 5 and i. ix. 7, in H. & S. in. 184, 185 : If any priest should refuse penance to the dying he is guilty of souls. Concil. Westminster a.d. 1200, Can. 7. (79), Augustin ap. Gratian Caus. xxiv. Qu. 1. c. 40, Penance. 151 fession to deserve forgiveness may be made to a deacon (^°), a layman (^^), or to God only (^-). 9. A priest is directed to receive a confession with bis face and eyes towards the ground, and not to look in the countenance of the penitent; to listen patiently and support him in the spirit of kindness, enjoining him to make a full confession ; to ask questions as to common but not as to uncommon sins (^), lest he should suggest evil, and never to inquire the names of accomplices (^■*). Whatever is told him under the seal of confession he is forbidden under any circumstances to dis- close by signs, nods, or winks (^°) ; and if guilty of sin with (80). Cyprian Ep. 12 (quoted note 30) ; Ambros. ap. liratian Cans, xxxiii. Qu. III. Dist. 1. c. 51 ; Const. 1 Langton, a.d. 1223 ; Const. 12 Edmund, A.D. 1236 : We charge that deacons presume not to administer penances or baptism but when the priest is not able. Lynd. 243 ; Devoti, § 82. (81). Gratian Cans, xxxiii. Qu. iii. Dist. 1. c. 88, § 2 : If no priest be there, let him confess to his neighbour. Augustin Ihid. Dist. iv. c. 36 : When shipwreck was impending there was only one Christian on board, and he a penitent. One of the sailors, mindful of his salvation, earnestly prayed to be baptized, and there was no one to baptize him save the penitent. The penitent had indeed received baptism, but had lost his holiness by the sin for which he was doing penance. ... He accordingly gave what he had received, and then not to pass out of life unreconciled he prayed reconciliation from the sailor whom he had baptized and received it. Ihid. Dist. vi. c. 1 ; Morinus, De Poenit. Lib. viil. c. 24 ; Martene, De Antiq. Eccles. Kit. Lib. 1. c. 6, art. 6 § 8 ; Ayliffe, 21. Albertus Magn. in Lib. iv. Sent. Dist, 17 art. 58. Thomas Aquinas in Lib. iv. Dist. 17, Qu. 3, art. 3 : In case of necessity a layman can discharge the office of priest, so that confession may be made to him. Joinville, Life of St. Louis, is an instance. (82). Theodori Poenit. i. xii. 7 1. c. 187 : Confession may be made to God only in case of necessity. Concil. Tribur, a.d. 895, Can. 31. (83). In Cyprian Ep. 30, 7 the necessity for asking questions is stated by the Roman clergy. Lynd. 329 gives the lines suggesting interrogatories : — Quis, quid, ubi, per quos, quoties, cur, quomodo, quando Quilibet observat, Animae medicamina dando. (84). Honorius iii. in Decret. Lib. v. Tit. xxxi. c. 13, reproduced in Const. 16 Edmund, a.d. 1236. (85). Egbert's Dial. 15, a.d. 734. Gratian Cans, xxxiii. Qu. iii. Dist. VI. c. 2 ; Decret. Lib. v. Tit. xxxviii. c. 7 and Tit. xxxi. c. 13 ; Const. 9 Reynolds, a.d. 1322 : Let no priest in any case out of hatred, anger, or 152 Short Manuals of Canon Law. or soliciting a jjenitent to sin, he is the subject of severest spiritual animadversion. 10. A priest is required in all cases to impose some penance before declaring the forgiveness of sin, because penance is the divinely appointed means of healing from the effects of sin (^^). To the dying, however, penance need only be indicated, and reconciliation given forthwith (^'^). Penances vary considerably fear, even of death, discover the confession of any man by signs, nods, or words, either in general or particularly. Const. 7 Stratford, a.d. 1342 ; Lynd. 90 says this applies only to what is told him under the seal of con- fession, not to communications however secretly made, or even under an oath of reticence at other times, at least not so far as to prevent his dis- closing them judicially. Id. 334 says that what is told him under the seal of confession he may judicially deny, p. 335, not knowing it as man, but as God's representative, p. 352. Craisson, § 3892, 3901. Liguori Lib. VI. no. 649, however, rightly includes all matters communicated to a confessor out of the confessional bearing on the subject of his confessions, because these form part of the confession. (86). St. Paul, 1 Cor. v. 4, handed over the incestuous Corinthian to Satan for the chastising of his flesh, as Job was afflicted by bodily suffering for his purification, 'iva to a-Qfia audy ev tt? rifxepq. tou Kvplov, but in the following year, believing the object attained, restored him, because, 2 Cor. II. 6, 'iKavov tQ TOiovTifi 7) ewirifxla aiirr] ij vvb rCov irXeLovuv. Cj'prian Ep. 30, 31 : Eemedies of a too hasty kind should not be afforded for communion. Ep. 51, 20 ad Antonian : It is one thing tortured by long suffering for sins to be cleansed and divinely [or for a long time] purged by fire, another to have pvirged all sins by suffering. Ep. 54, 13 ad Cornelium : Efforts are made that the sins may not be purged with just satisfactions and lamentations, that the wounds may not be washed away with tears. De Laps. c. 17 : The servant cannot remit what has been committed against the Lord. . . . The Lord must be appeased by our atonement ; . . . c. 18 : If any one rashly thinks to rescind the Lord's precept, not only does it not profit the lapsed, but it does them harm ; c. 35 : A deep wound requires long and careful treatment. Baeda iv. 25, a.d. 730 : Adamnan confessed his guilt. The priest having heard his confession, said : A great sin requires much attention in the cure. Therefore give yourself uji as far as you are able to fasting, reading of psalms, and prayer. Concil. Cabilon. A.D. 649, Can. 8 : Penitentia peccatorum est medela animae. Egbert's Excerpt 20, a.d. 740 : That all priests enjoin fit penance to all who confess their crimes. (87). Theodori ap. Gratian Caus. xxvi. Qu. vii. c. 1 : The amount of Penance. 153 by custom. In imposing them the priest should consider within the limits allowed not only the gravity of the sin but also the devotion and compunction of the penitent (^^), and then act without respect of persons Q^). Since the thirteenth century the rule of the Western Church requires an explicit reference to the power of the keys in reconciling, and enjoins the priest when he thinks fit to loose and not to bind, to grant absolution in a declaratory form (^^). This form has, therefore, generally taken the place of the earlier reconciliatory imposition of hands as the sacramental sign. 11. No priest, unless specially authorised, should admit to penance one who is the subject of another (^^), nor a stranger (^-), but in cases of necessity he may refuse none (^^). A confession should always be received in some public place (^'*), and a woman's in some conspicuous part of the Church, outside the Lenten veil (^^). Except for lesser faults, penance ought not to be repeated, but the offender be referred penance must not be imposed on the dying, but only indicated to them. Concil. Ebor. a.d. 1195, Can. 17 ; Lynd. 290. See note 67. (88). See note 23 ; Innocent III. in Decret. Lib. v. Tit. xxxviii. c. 8. (89). Stat. Eccl. Ant. a.d. 505, Can. 74, ap. Gratian Cans. xxvi. Qu. VII. c. 6. (90). Const. 2 Otliobon, a.d. 1268, directs all who hear confessions to absolve the penitent [when they do loose and not bind, Const. 8 Reynolds, A.D. 1322] by i^ronouncing the underwritten words : By the authority of which I am possessed I absolve thee from thy sins. Simonatus, De Form. Sacr. Penit. Thesaur. Theol. xi. Opus. 9 ; Martene, De Ant. Rit. Eccl. I. 6, art. 5 ; Devoti Lib. ii. Tit. ii. § 81 state that early examples exist of a declaration of absolution after the prayer. (91). Urban ii. a.d. 1096, ap. Gratian Cans, xxxiii. Qu. in. Dist. vi. c. 3, and Cans. ix. Qu. ii. c. 2 ; Craisson, § 3862. (92). Const. 8 Reynolds, a.d. 1322 ; Lynd. 279, 331. (93). Coelestin. ap. Gratian Cans. xxvi. Qu. vii. c. 13 ; Tlieodori. Poenit. I. VIII. 5, in H. & S. in. 184, and i. ix. 5, Ihid. p. 185 ; Poenit. Rom. ap. Gratian Caus. xiii. Qu. ii. c. 32 ; Alfred and Guthram's Law 5, A.D. 878 : If one that is to suffer death for his crimes desire shrift, let it never be denied liim. Cnut's Law 15, a.d. 1018 ; Const. 2 Othobon, A.D. 1268. (94). Const. 16 Edmund, a.d. 1236. (95). Const. 3 Sudbury, a.d. 1378. 154 Short Mamcals of Canon Law. back for solemn penance (^^). Penitents who die suddenly before being reconciled are allowed to be commemorated in the Eucharistic oblation, provided they have kept the rules of penance (^^), but this is forbidden to those who have not come to repentance (^^). 12. According to early practice the fulfilment of the im- posed discipline was awaited before God's forgiveness or (96). Origen, Horn, in Lev. 15, c. 2 (ii. 262) : In greater crime.s there is only room for penance once, but in the case of common faults, which we are always committing, we constantly receive penance, and they are constantly being redeemed. Tertullian de Poenit. c. 7 ; Ambros. ap. Gratian Caus. xxxiil. Qu. iii. Dist. iii. c. 2 : Some there are who think repentance may be oft undergone, and who luxuriate in Christ. But if they had true repentance they would think that it must not be often repeated ; for as there is one baptism, so there is one repentance. But we ought always to repent of a sin that is past. I say this of lighter shortcomings. Concil. Tolet. iii. a.d. 589, Can. 11 : We hear that some, as oft as they wish to sin, demand to be reconciled by a priest. To prevent such execrable presumption the council orders that [in such cases] penance be given according to the canonical form of the ancients, i.e., that one so repenting be suspended from communion, and frequently receive the imposition of hands among the other penitents ; and when the time of satisfaction is concluded, let him be restored to commimion as the priest in his discretion thinks best. Augustin Ihid. c. 18 : Let no one think that these greater crimes, the doers of which shall not inherit the kingdom of God, may be daily repeated and daily pvxrged away by almsgiving. Id. Ibid. c. 22 ; Concil. Elib. a.d. 305, Can. 47 : If a married man often commit adultery, the commimion may be given him when sick, at least if he promise to desist ; but if he recovers and breaks his promise, there must be no farther trifling with the com- munion of peace. See Discipline, § 22. (97). Stat. Eccl. Ant. a.d. 505, Can. 81 : Let them carry penitents, if they die, to church and bury them. Can. 79 : Penitents who strictly follow the laws of penance, if they chance to die on a journey, or at sea, where they cannot be reconciled, may have their memorial kept, and prayers and oiferings made for them. Concil. Vas. a.d. 442, Can. 2 ; Concil. Arelat. li. a.d. 453, Can. 12 ; Syn. v. a.d. 553, ap. Gratian Caus. XXIV. Qu. II. c. 6 ; Halitgar's Penit. Ihid. Caus. xxvi. Qu. vi. c. 1 1 ; but Innocent iii. in Decret. Lib. v. Tit. xxxix. c. 28, requires a formal absolution in such cases. (98). Concil. Chelsea, a.d. 787, Can. 20 : If any man die without repentance and confession, prayer must not be made for him. Penance. 155 remission (''■*) was sacramentally declared, and permission was granted to participate in the offering which was called peace {}^^). Exception was always made in favour of the dying (i^^), and of those furnished with letters of indulgence from the martyrs (^°-). Before the introduction of Christianity (99). Cyprian Ep. 54, IG, calls it remission : I almost sin myself in remitting sins more than I ought. De Laps. 29. (100). Cyprian Ep. 58 (Oxf. 64) : Peace should not be granted before the legitimate and full time of satisfaction ; Ep. 66 (Oxf. 68), 5 : Our predecessors judged that when penance had been undergone the reward of peace and communion was not to be denied to the lapsed. De Laps. c. 15 ; Concil. Elib. a.d. 305, Can. 77, 79 ; Concil. Ancyr. a.d. 314, Can. 4; Concil. Nic. a.d. 325, Can. 11. Innocent i. a.d. 416, ad. Decentium, c. 8 : To penitents all sacraments are forbidden. Concil. Brae. A.D. 572, Can. 82 : He will not receive the sacrament until he has fulfilled the appointed time of penance. Relaxation appears to have been first introduced at Constantinople, where Sozomen vii. 16, says : He gave absolution to penitents who confessed and undertook to exact penance of themselves. Theodori Poenit. i. xii. 4, a.d. 673, in H. & S. III. 187 : Penitents, according to the canons, ought not to communicate before the completion of penance. But we out of mercy grant them leave after a year or six months. (101). Cyprian Ep. 10 and 52, 2 ; Concil. Carthag. ii. a.d. ;390, Can. 4, ap. Gratian Cans. xxvi. Qu. vi. c. 5 : If any one is in danger and asks to be reconciled to the divine altars, the priest ought to consult the bishop if he is away, and reconcile him by the bishop's direction. Euseb. | VI, 44 considers the reception of the Eucharist the absolution itself. The boy, he says, dropped the Eucharist in the old man's mouth, and he expired. Was he not evidently preserved, and did he not continue living until he was absolved? Concil. Gerund, a.d. 517, Can. 9, ap. Gratian 1, Dist. L. c. 57 : If any one overcome by sickness has received by means of communion the benediction of penance which we call the viaticum. Concil. Tolet. xi. a.d. 656, Can. 12, directs a priest, when there is danger of death, to give penance by the imposition of hands, and at once to give reconciliation [sc. the viaticum]. Concil. Epaon. a.d. 517, Can. 36 : The appointed times of exclusion (damnationis tempora) must be relaxed to the dying ; Leofric Missal, 194. (102). Cyprian Ep. 12 and 59. Ep. 12 quotes such a letter : All the confessors to Pope Cyprian greeting. Know that to all concerning whom an account satisfactory to you has been given of what they have done since the commission of their sin, we have granted peace [i.e., admission to communion], and we desire that this rescript should be make known 156 Short Manuals of Canoji Law. into this country, the ancient discipline had been so far relaxed that sacramental forgiveness and readmission to com- munion were allowed after a comparatively short time Q^'^), sometimes after one or two years, at other times after twelve or six months (^°'*). Even solemn penitents were temporarily reconciled to receive the communion on Easter day (^°^). Those thus indulged were not held discharged from their penitential status, nor were they allowed to make an offering until at the end of their term they had received the final reconcilia- tion (^°^). At a later period restoration to communion was, by you to other bislio^DS also. De Laps. 31 complains of the abuse of this privilege ; Devoti Inst. Lib. ii. Tit. ii. § 80. (103). Leo, A.D. 458, ap. Gratian Cans. xxvi. Qu. vii. c. 2 : If any one takes it so much to heart, that whilst he is a penitent his salvation is despaired of, the grace of communion ought to be granted to him by the tender care of the priest. Concil. Herd a.d. 542, Can. 5, Ibid. 1, Dist. L. c. 52 : Let it be in the bishop's power to suspend, but not for long, such as truly grieve, and to separate the remiss from the body of the Church for a longer period. Egbert's Excerpt 39, a.d. 740, following Theodore (quoted note 100) : According to the canons, penitents ought not to communicate before they have finished their penance ; but we for the mercy of a compassionate God do grant licence to some after a year or two or three. Nicolaus, a.d. 865, ap. Gratian Caus. xxxiii. Qu. II. c. 15, allows a matricide to communicate after ten years, but not to make an off'ering till the end of his term of penance. Thorpe ii. 266 : Let the priest watch attentively with what compunction of heart, and with what exactness of performance the penance is fulfilled, and judge from that whether he ought to grant him forgiveness or not. Devoti., § 80 ; Lynd. 264, 328. (104). Theodori Poenit. i. xii. 4, 1. c. 187 ; Egbert's Excerpt 39, a.d. 740. (105). Innocent, a.d. 416, ad Decentium ap. Gratian in. Dist. in. c. 17 : Penitents undergoing penance either for greater or for lesser offences, even if they are not ill, the custom of the Roman Church requires to have remission on Maundy Thursday. Concil. Caldl. ii. a.d. 813, Ihid. III. Dist. II. c. 17 : Even penitents are reconciled on Maundy Thursday to receive the sacraments of the Lord's Body and Blood. Dunstan's Can. 15, a.d. 963 : Again on the Thursday before Easter all the penitents meet at the same place, and there the bishop sings over them and gives them absolution. The form of reconciliation in Leofric's Missal, 92. (106). See note 67. Poiancc. 157 with certain exceptions (^^'), allowed, directly confession had been made, and the offender had undertaken to perform the penance imposed, or as it was said had come to satis- faction (108). Penance as the Discipline of Eeconciliation — Shrift. 13. Before any one can obtain forgiveness of sins or deliver- ance from its punishment, either sacramentally in the court of penance i}^\ or non-sacramentally in the court of the soul, penitence is necessary as an antecedent condition (^1°). Peni- tence has been therefore called the mistress of all virtues (m), because it involves a change of mind and a return to a right understanding in divine things (i^-). It consists in a deep consciousness of the heinousness of past sins, coupled with a true love of God and a desire for amendment (}^^\ Hence it (107). Alfred and Guthnun's Law 4, a.d. 878 ; Concil. Ensham a.d. 1009, Can. 25; Const. 5 Clarendon, a.d. 1164: Excommunicates ought not to give security or to make oath for the remainder, but only to give security and pledge for standing to the judgment of the Church, that they may be absolved Alexander ii. ap. Gratian i. Dist. Lxxxi. c. 16, suspends a priest " until he come to satisfaction." Alexander lil. in Uecret. Lib. v. Tit. xviii. c. 5, allows a man to be ordained after per- forming penance, or an adequate part of it, for stealing. Const. 18 Stratford, a.d. 1343. (108). Concil. Cabil a.d. 813, ap. Gratian iii. Dist. ii. c. 17 : Except to those to whom it is forbidden, because of grave crimes. Concil. Turon, A.D. 850, Ihid. c. 16 : Unless perchance he be hindered by greater crimes. Const. 4 Sudbury, a.d. 1378 : L'nless he think he ought to abstain by the advice of his priest. (109). Urban ili. in Decret. Lib. v. Tit. xix. c. 10, calls it judicium animarum. Const. 1 Peckham, a.d. 1281 ; Const. 12 Stratford a.d. 1342 ; Lynd. 90 says that a man's own word is to be believed in the court of the soul when it would be insufficient in foro contentioso. Lynd. 248, 337, 233, 344, 332. (110). Lynd. 236, 337 ; Liebermann vi. 573: Contritio est ipsa virtus poenitentiae. (111). Chrysost. Horn. 23 in Math. (112). Lactantius vi. 24. (113). Tertullian de Poenit. c. 2 says : Penitence can only be brought to bear on sins, not on good deeds. This excludes the common definition. 158 Short Mamials of Canon Law. necessarily involves three things — primarily, repentance or sorrow for sin, and secondarily, confession, and satisfaction (^^■^). These three things are accordingly called the quasi-proximate matter in penance (^^^), and are said to be integral parts of the sacra- ment (^^'^). In like manner sins are spoken of as the quasi- remote matter, because they are the matter to be removed by the sacrament (^^'^). 14. Repentance or sorrow for sin, which is necessary de necessitate medii as the primary condition for receiving any benefit from the sacrament, is of two kinds (^^^) : (1) Perfect sorrow for sin (^^^), which arises from full-formed faith, and is generally called contrition of heart ; and (2) imperfect sorrow The sincere exercise of memory upon our j^ast existence, as too wide, Augustin, de Vera et Falsa Poenit. c. 9 ; Liebermann vi. 484 says that peni- tence involves (1) a recognition of past sins ; (2) a change of purpose ; (3) grief of mind ; and (4) submission to punishment. (114). Cyprian de Laps. c. 16, quoted note 63, requires confession and satisfaction, Chrysost. ap. Gratian Cans, xxxiii. Qu. iii. Dist. 1. c. 40, and Dist. III. c. 8 : In the heart contrition, in the mouth confession, in action perfect humility. Pet. Lombard, Lib. iv, Dist. 16 ; Thomas Aquin. 3 Qu. 90, art. 2 and 3 ; Lynd. 337 says : In the court of the soul contrition acts as the citation ; confession as pleading guilty before the judge ; satisfaction is the judge's sentence. Lynd. 28, 328 : Contrition is necessary de neces- sitate medii, the two other parts de necessitate praecepti. (115). Eugenii iv, Decret. ad Armenos, a. p. 1439 ; Concil. Trident. Sess. XIV. c. 3 : Sunt autem quasi-materia hujus sacramenti ipsius penitentis actus, nempe contritio, confessio et satisfactio. Liebermann vi. 537, 541 : The penitent in a way supplies the matter by offering the three acts to the priest, which the latter receiving and combining with the form ele- vates to the dignity of a sacrament. (116). Liebermann vi. 540. (117). Tertullian de Pudic. c. 2 : The causes of penitence are sins. (118). 2 Cor. VII. 10 : Godly sorrow worketh an irrevocable (dfj.fTafj.eXi]Tov) repentance [leading] to salvation, but the sorrow of the world worketh death. (119). Chrysostom ap. Gratian 1, c. c. 40. Augustin Ibid. 1, Dist, xlv. c, 13 : There are two kinds of almsgiving — one of the heart, the other of money. Theodori Poenit, i. viii. 5, in H, & S. iii, 184 : Conversion may be at the last moment of time, because God regards the heart and not time, as the dying thief by one moment's confession deserved to be in Paradise, Pcnwicc. 1 59 for sill or cora]5nnction (^"'*), which arises from unformed faith, and is called attrition (^-'^). Perfect contrition is such a sorrow for and detestation of sin as arises from perfect love of God (^2^), and leads to complete amendment and an entire forsaking of sin for the future (^-^). Imperfect contrition or attrition is the uneasiness which arises from a consideration of the turpitude of sin and the fear of consequences (^-*), and unless it disposes the sinner to seek God's grace by some tangible exercise of self-discipline, it does not initiate holiness (^-^), neither does it come within the range of the court of penance. 15. Where there is perfect contrition of heart the sinner is reconciled upon confession to God only Q^% In such cases (120). Isidor. Sent. ir. 12, 1 : Compunction of heart is lowliness of mind, coupled with tears, arising from the memory of sin and the fear of judgment. (121). Hales iv. Qu. 74, art. 1 : Servile fear is the beginning of attrition, initial fear (t.e., that with which the life of holiness begins) of contrition. . . . Again contrition is produced by sanctifying grace, attrition by grace qualifying for sanctifi cation. Concil. Trident. Sess. iv. c. 4. (122). Gratian Cans, xxxiii. Qu. in. Dist. 11. c. 2-14, 18, 19 ; Lynd. 236. (123). Ambros. Hid. 1. c. Dist. ill. c. 1, and Dist. 1. c. 39: Repentance consists in bewailing past sins, and not again repeating such as must be bewailed. Smaragdus Ibid. c. 9 : Repentance consists in such a sorrow for past sins as leads to not committing them in future. Gregory Ihid. c. 14 : He who bewails what he has committed but does not forsake it, incurs almost greater guilt. Hieronym. Ihid. c. 38 : That repentance was of no use to Judas by which he could not correct his sin. Concil. Chelsea a.d. 787, Can. 20 : A fruitful repentance consists in bewailing misdeeds, and not committing them again. (124). Hales 1. c. (125). TertuUian de Poenit. c. 2 : Where there is no fear there is no amendment. Iren. Haer. iii. 23, 5 : The sense of sin leads to repentance. God bestows His compassion upon those who are penitent. Augustin ap. Gratian, Caus. xxxiii. Qu. in. Dist. vii. c. 6 : He is turned from sin who wishes to forsake sin ; he is converted who is turned wholly and altogether, who not only does not fear punishment, but also hastens to work for the good of his Lord. Const. 9 Peckham, a.d. 1281 : He loves God who keeps the commandments out of love, not out of fear of punishment. Craison, § 3792. (126). 1 John I. 9 : If we confess our sins. He is faithful and just to 160 Short Manuals of Canon Law. sacramental confession is necessary only in obedience to a precept (^'-") where such exists. But since, in the vast majority of cases, contrition is imperfect (^-^), and few persons are exempt forgive us our sins. Iren. iv. 17, 2 : The sacrifice to God is an afflicted heart. A sweet savour to God is a heart glorifying Him who formed it. Clem. Paedag. iii. 12 ; Cyprian de Laps. 9, 36 : If man make prayer with his whole heart, if he groan with true lamentation and tears of rejjentance, if he incline the Lord to pardon of his sin, to righteous works, He who expressed His mercy may pity such a man. ... He can mercifully pardon. ... He can regard as effectual whatever in behalf of such either martyrs have besought or priests have done. Hieronym. ap. Gratian Cans, xxxiir. Qu. in. Dist. L c. 73 : If any one after a lapse into sin turns to true repentance, he will speedily obtain pardon from a merciful Judge. Ibidb. Dist. VI. c. 1 ; Isidor. Sent. ii. 13, 1 : From that moment any one begins to be a just man when he becomes an accuser of himself. Syn. VIII. A.D. 869, IhiA. Cans. xxvi. Qu. vii. c. 9 : One who is penitent in heart ought to be received, as the Lord shows when He says that He called His friends and neighbours together, saying, Rejoice with Me. Blickling, Hom. I. 272 : God is so merciful that He will show mercy to him who turns from sin, if with inward sorrow of heart he turn to true repentance. Ayliffe 20. (127). Theodori Poenit. ii. xii. 7, in H. & S. iii. 187 : Confession may be made to God only if it is necessary. The word necessary is not in all copies of the canons. lA. ap. Gratian Cans, xxxiir. Qu. in. Dist. 1. c. 90 : Some say sins ought to be confessed to God only, as do the Greeks ; others that they ought to be confessed to the priests, with whom almost the whole Catholic Church agree. Yet both kinds of confession are not practised within the Church without great benefit, i.e., that we confess our sins to God, who forgives sin. . . . Nevertheless, the apostles' rule is also to be followed, that we confess our sins to one another, and pray for one another, that we may be saved. Therefore confession which is made to God only, which is that of the righteous, purges sin, but that which is made to the priest shows how sins ought to be purged. For God, who is the author and giver of salvation and holiness, often bestows this medicine of His penitence by direct administration, often by the intervention of [sjjiritual] physicians. Lynd. 236 : The necessity of confessing after con- trition is not because of the need of the remedy, but because of the existence of the precept. The Copts in the 12th century abolished the practice of confessing, on the ground that the prayer of the morning incense, or interior repentance before a burning censer, conveyed sacra- mental absolution. (128). Augustin ap. Gratian 1. c. Dist. vii., c. 6 : Quoniam vero rara est tarn justa conversio. Penance. 1 G 1 from mortal sin (^-^), confession before God's minister ("•') and satisfaction are with most men ordinarily necessary, botli to test the genuineness of their repentance (^^^), and also to perfect it by the prayers of others. It was accordingly pre- scribed in the West in the 13th century that every Christian who had reached years of discretion should at least once a year confess to his own proper priest, or by his leave to a (129). Cap. 31 Theodnlf, a.d. 994 : There are eight capital sins, and there is but a small number of men that is not stricken by some or all of them. Lynd. 232. (130). Ep. Barn. c. 19 : Thou shalt confess the sin ; thou shalt not go to prayer with an evil conscience. Tertullian de Poenit. c. 9 : Confession of sins lightens as much as dissimulation aggravates them, for confession is counselled by satisfaction, ... In this act we confess our sins to the Lord, not as if He were ignorant of them, but because by confession satis- faction is settled, by confession repentance is born, by repentance God is appeased. Cyprian de Laps. c. 28 : How much better are they . . . who, although bound by no crime, yet because they have thought of such things, with grief and simplicity confess the very thought to God's priests and make the conscientious avowal . . . and seek out the salutary medicine even for slight and moderate wounds ? Euseb. v. 18 speaks of " the great characteristic of confession." Ambros. ap. Gratian Cans, xxxiii. Qu. III. Dist. 1. c. 39 : He does not deserve to be justified who refuses in this life to confess his sins. Augustin Ihul. Dist. 1. c. 88, and Dist. vi. c. I : So great is the efficacy of confession, that if no priest can be had confession may be made to a neighbour. Dunstan Can. 1, a.d. 963 : Without con- fession there is no forgiveness. Concil. Clovesho, a.d. 747, Can. 22, warns people not to be careless in confessing. Const. 18 Boniface, a.d. 1261 : Confession is necessary for every sinner. Cap. 31 Theodulf, a.d. 994, ap. Gratian Caus. xxii. Qu. 1. c. 17 ; LjTid. 236 : Although before Christ's incarnation mental confession made to God only sufficed, yet since God has become man confession ought to be made with the voice to man as the vicar of Christ. 327, 328 : As the eternal "Word so humbled Himself to ex- piate our sins as to take upon Himself human nature, so He bound i;s to humble our words by speaking against ourselves to man as well as to God. Craisson, § 3816. (131). Augustin ap. Gratian Caus. xxxiii. Qu. iii. Dist. 1. c. 88, says shame is a test of contrition. IJ. Ibid. 1. c. Dist. 1. c. 85 : Let a man judge himself . . . and when he has pronounced sentence on himself of the severest remedy let him come to the priests by whom these keys aie ministered in the Church, and let him receive the measure of his satisfac- tion [penance] from those who preside over holy things. Lynd. 321. 162 Short Manuals of Canon Law. stranger Q'^-). Nevertheless it has been held that this rule is uot imperative on those who are only guilty of venial sins (^^). 16. To be of use a confession must be a thorough and truth- ful acknowledgment of sin (^^4^^ ^_g_^ \^ must be (1) full and complete, (2) circumstantial and not general, and (3) confined to the sinner's own sins, and not mentioning those of others. Formerly a confession was made sitting (^'^^), as is still the custom of the Greeks (^^^). Afterwards it appears to have been made standing (^^'^). The practice of kneeling is said to have been introduced by the monks in the thirteenth century Q^). A complete confession should, so far as memory goes, enu- merate without reserve (^^^) all mortal sins committed since baptism, but not necessarily venial sins, because these are remitted in other ways i}"^^). It should include sins of thought (132). Concil. Lat. iv. a.d. 1215, in Decret. Lib. v. Tit. xxxviii. c. 12 : Let every one of tlie faithful of either sex, after reaching years of discretion, alone faithfully confess all liis sins, at least once a year, to liis own priest, and study with his own powers to perform the penance imposed on liim. . . . Otherwise let him whilst alive be excluded from entrance to the Church, and when dead be deprived of sepulture. Const. 14 Sudbury, A.D. 1378. (133). Liguori Lib. vi. no. 667 ; Craisson, § 3807. (134). It is therefore called exomologesis by Iren. i. 13, 5 and 7 ; i. 6, 3 ; III. 4, 3. TertuUian de Poenit. c. 9 : Exomologesis is a discipline for man's prostration and humiliation. (135). Martene de Antiq. Rit. Lib. 1. c. 6 art. 3 ; Devoti, Lib. ir. Tit. II. § 70. (136). Leo Allatius de Consens. Eccl. Occid. et Orient. Lib. in. c. 9, §6. (137). Dunstan Can. 4, a.d. 963 : Let the man rise to his shrift. (138). Martene 1. c. ; Devoti, § 70. (139). Augustin ap. Gratian Cans, xxxiii. Qu. in. Dist. iv. c. 1 says, "exposing his whole self" (nihil sibi reservans sui). Cap. 31 Theodulf, A.D. 994 : A man ought to confess to the shrift all the sins that he ever committed, either in word, work or thought. Concil. Lat. ii. a.d. 1139, Ihid. c. 8 : It is false penitence to do jDenance for one single ofl'ence, over- looking all the rest. Const. 16 Edmund, a.d. 1236 : Enjoining him to make a full confession. (140). Augustin ap. Gratian Caus. xxxiii. Qu. iii. Dist. iii. c. 20 ; Craisson, § 3773. Penance, 1G3 as well as of word and deed, sins against faith, against God's commandments and the precepts of the Gospel, the neglect of works of mercy, any capital crime, and all shortcomings in respect of the principal virtues and the sacraments of the Church (1^1). 17. It should, moreover, be particular and not general, specify- ing the circumstances of every excess, or at least those cir- cumstances which tend to aggravate it ; the nature, place, and cause of the sin and the time of continuing in it (^ '-) ; and instead of being a barren recital made before a listless auditor it should be an act of self-accusation i^^^) made before God in the presence of His priest and the whole company of heaven ( ^■"). It should, however, refrain from mentioning the sins of other men, or giving the names of persons with whom the (141). Diuistan Can. 4, a.d. 963 : After this let the man first say : I believe in the Lord, the supreme Father, the Governor of all things, and in the Son, and in the Holy Ghost ; and I believe life after death, and I believe that I am to rise again at Doomsday ; all this I believe shall come to pass through God's power and mercy. And then meekly bowing to his shrift with contrition, let him humbly rehearse his confession and say : I confess to Almighty God and to my shrift, the ghostly physician, all the sins with which I was ever defiled by accursed spirits, either in deed or in thought. ... I beg of my Lord forgiveness of all, and that the devil may never insidiously surprise me so that I die without confession and satis- faction for my sins. . . . And Thou, Saviour Christ, be merciful to my soul, and forgive my sins and blot out my guilt . . . and bring me to Thy heavenly kingdom. Now I humbly beseech thee, priest of the Lord, that thou be my witness at Doomsday . . . and be thou my inter- cessor with God, that I may satisfy for my sin and guilt and abstain from other such like. Const. 9 Peckham, a.d. 1281, gives the order of con- fession as in the text, and Lynd. 328 recommends it as the proper order. (142). Augustin ap. Gratian Caus. xxxiii. Qu. in. Dist. v. c. 1 ; Const. 8 RejTiolds, A.D. 1322. (143). Dunstan Can. 1, a.d. 963 : When any one will confess his sins let him act like a man, and not be ashamed to acknowledge his wretched- ness and crimes by accusing himself, because from thence sjirings pardon. Devoti, Lib. ii. Tit. ii. § 69. (144). Rabanus, a.d. 853, ap. Gratian i. Dist. l. c. 34 : by private con- fession before the eyes of God in the presence of His priest, who will prescribe penance to them. j 1G4 Short Mamials of Cmioii Law. penitent has sinned (^^^), not even doing so for the sake of obtaining their amendment (^^*'). In a dying man signs of repentance may be taken for a full confession and reconcilia- tion granted as often as they are shown (^^'^). 18. Confession must be followed by satisfaction (^'^^), which may be defined to be the humble submission to the discipline of severity rendered necessary by the circumstances of the excess or sin. Properly satisfaction includes three things : (1) atonement or satisfaction to God for the guilt of sin (i^eatus culpae) which places man in a state of enmity to God and therefore entails on him eternal punishment (^^^) ; (2) amend- (145). Alexander ill. in Decret. Lib. v. Tit. xvi, c. 5 ; Const. 8 Reynolds, a.d. 1322. (146). Craisson, § 3827. (147). Stat. Eccl. Ant. a.d. 505, Can. 76, ajx Gratian Cans. xxvi. Qu. VI. c. 8 : If one when taken ill asks for penance, and becomes dumb and loses consciousness before the presbyter arrives, let those who heard him ask bear testimony, and let him receive penance, and if he is like straight to die let him be reconciled by the imposition of hands, and the Eucharist be passed into his mouth. Craisson, § 3818. (148). Pseudo-Augustin ap. Gratian Cans, xxxiii. Qu. in. Dist. v. c. 1 : Let him place himself entirely in the power of the judge, in the hand of the presbyter, so as to be ready to do at his bidding everything to repair the lile of the soul. Chrysost. ap. Gratian Cans, xxxil. Qu. 1. c. 4, mentions the satisfaction of penance. Alfred and Guthrum's Law 4> A.D. 878 : As to incestuous persons the wise men have decreed that the king have the better of them, the bishop the worse, unless satisfaction be made both towards God and towards the world. Edgar's Law 65, a.d. 960 : That every priest teach penance and satisfaction. Can. 7 Dunstan, a.d. 963 ; Concil. Ensham, a.d. 1009, Can. 25 : If murderers or perjurers have the audacity to remain in the king's presence before they have begun their satisfaction towards God and the world, let it be at the peril of their honour and all their estate. An Anglo-Saxon document in Lingard's Church I. 332 : By confession the venom is extracted ; it noAV remains for the leech to prescribe the manner of cure. Const. 44 Langton, a.d. 1222 ; Const. 35 Edmund, a.d. 1236 : Let them be struck with anathema by the chaplains of the places until they make fit satisfaction. Const. 9 Boniface, a.d. 1261 ; Const. 12 Othobon, a.d. 1268 ; Lynd. 164, 210, 231, 232, 259, 264, 295. (149). It must be remembered (1) that sin not only places the sinner apart from God (Iren. Haer. ii. 33, 5 ; v. 28, 1), which is called death Penance. 1G5 ment or satisfaction to God's justice for the injury done to holiness {rcatus pocnae) which requires temporal punishment to undo it ; and (3) restitution or satisfaction to man when any one has been injured by the excess or sin. Satisfaction to God for the guilt of sin is made only by the merits and obedience of Christ (^^^), and not by any act of the sinner ; but satisfaction for the temporal punishment required to undo the (Iren. v. 27, 2), viz., eternal death, l)y the guilt or hostility to God which it creates, but also entails punishment as a conserj^uence to meet the require- ments of God as a God of justice (Math. xvi. 27 ; Rom. ii. 6 ; Rev. xxii. 12) ; (2) that in justification God's mercy as revealed in Christ draws the sinner back to God, and does aAvay with the relation of enmity or guilt of sin and separation from God, which is eternal death ; (3) that ordinarily only the baptismal forgiveness does away entirely with the punishment due to sin, but that post-baptismal forgiveness transforms eternal into temporal punishment, still leaving temporal punishment to be i;ndergone or satisfaction to be made, either in this world or the next, to undo the effects of sin. Thus in 2 Sam. xii. 13 Kathan said unto David : The Lord hath put away thy sin : howbeit, because by this deed thou hast given occasion to the enemies of the Lord to blaspheme, the child shall surely die. Cyprian de Laps. c. 17 : God alone can bestow pardon for sins which have been committed against Himself, but the Lord must be appeased by our atonement. Ihid. c. 14 : It behoves the Lord's i:)riest not to mislead by deceiving concessions, but to provide with salutary remedies. Augustin in Joan. Tract 124 : Man is obliged to suffer even after his sins have been forgiven, although the cause of his coming into tliat plight was sin. Gregory Mor. ix. 34 : In nowise is sin spared because it is never forgiven without punishment. Thus David deserved to hear after his confession, The Lord, etc. — and yet afflicted with many torments he often paid the debt of the sin which he had committed. Augustin ap. Gratian Caus. xxxiii. Qu. in. Dist. in. c. 7 : Penance is more productive than guilt, lest guilt should be thought too little of, if with it punishment were at an end. And thereby either to demonstrate the misery due [to sin], or to amend the life apt to fall, or to exercise the necessary patience a man is temporarily amenable to jjunishment who is no longer amenable to guilt for eternal damnation. (150). Iren. Haer. v. 2, 1.: As far as concerns the apostasy, Christ redeems us righteously from it by His own blood ; in. 18, 6 : Christ was man contending for the fathers, and through obedience doing away with disobedience completely ; v. 17. 1 : The Lord has restored us to friendship through His incarnation, 3 : If none can remit sins but God alone, it is plain that Christ was the Word of God. 166 Short JManiials of Canon Law. effects of siu and restitution are both necessary on man's part, or his repentance itself is vain and ineffectual (^^i). 19. Satisfaction is made to God for the injury done to holi- ness which requires temporal punishment to correct it, (1) by bearing patiently the ills and trials sent by Him in this life (^^-), and (2) by voluntarily submitting to penances, such as fasting and almsgiving (^''^). It may also be vicariously made by the prayers or suffrages of others, in so far as these intensify contrition and amendment. Penances imposed by the Church, which are one form of satisfaction, vary according to the rule and custom of each particular part of it, and are adapted to the special needs of places and people (^^'*). Formerly, out of regard for God's justice, long and severe penances were awarded by the Church, in the hope of forestalling future by present suffering (^^^). Now, without attempting to adjust the scale (151). TertuUian de Poenit. c. 2 : Where there is no amendment repentance is vain, for it lacks the fruit for which God sowed it, viz., man's salvation [i.e., deliverance from the penalty and the power of sin]. (152). Cyprian de Mort. c. 13, says it is a test of a Christian spirit to take suffering patiently. See note 86. Penances are made formally satisfactory, either by being enjoined by a confessor or by a voluntary acceptance of them in a spirit of penitence. (153). Tertullian de Poenit. c. 9 : Penance, by itself pronouncing against the sinner, hopes to stand in the stead of God's indignation, and by temporal mortification to discharge eternal punishment. Cyprian de Glor. Mart. c. 13 : It is written, we must pay the uttermost farthing ; martyrs only are relieved from this obligation. Augustin ap. Gratian Cans, sxxiii. Qu. III. Dist. 1. c. 63 : It avails not to change habits for the better, and to depart from past evil, unless satisfaction is made to God by j^enitential grief, by humble lamentation, by the sacrifice of a contrite heart aided by fasting and thanksgiving. Concil. Cabilon. a.d. 649, Can. 8 : Penance for sins is the medicine of the soul. Ambros. Lib. vii. in Luc. : By works of charity and other acts, or by any kind of satisfaction, the [temporal] jjunish- ment of sin is dissolved. (154). Concil. Carthag. ill. a.d. 397, ap. Gratian Cans. xxvi. Qu. vii. c, 5 ; Leo, lUd. c. 2. See note 23. (155). Tertullian de Pudic. c. 2 : Albeit God is good, yet He is just also. Hieronym. ap. Gratian Cans, xxiir. Qu. v. c. 6 : They who are punished in this life shall not be punished afterwards ; for God will not avenge twice, as it is written. Gregory IhiA. i. Dist, xxv. c. 4 : As each Penance. 167 of snfferiug between this life and the next, the practice is to bestow sacramental forgiveness on all who confess sin, so soon as the desire to forsake it is manifest Q^^), and some discipline imposed ex misericordia rather than ex debito has been submitted to, partly because confession is itself a severe discipline and sign of amendment, partly because penances are more produc- tive of good which are done by one who is in a state of grace. 20. Whenever an injury has been done to another, satisfac- tion must also be made to the injured person Q^"^), either by man leaves this life, so he will be presented in judgment. Yet, in respect of certain lesser faults, it must be believed that there will be a purifying fire before judgment, because the Truth, says, Whosoever shall blaspheme against the Holy Ghost, it shall neither be forgiven him in this world nor in the world to come. By which we are given to understand that certain faults are remitted (culpas laxari) in this life and others in the life to come. . . . Yet, as I have said, this only applies to lesser sins. Pseudo- Augustin Ibki. c. 5 : He who puts off the fruit of conversion to another life will be first purged by the fire of purification. This fire, although it be not eternal, is nevertheless very severe. Id. Ibid. Cans, xxxiii. Qu. in. Dist. vir. c. 6, § 2. Augustin Enchirid. c. 66 : Much evil may seem here to be overlooked, and without all punishment released, but the pain for such things is reserved for the world to come. Concil. Arpiisgranum II. ad Pepin, ap. Lab. et Coss. vil. 1729 : The sins of men are avenged in three ways, in two ways in this life, in the third in a future life : (1) If we judge ourselves we shall not be judged. This is the vengeance to which, by God's inspiration, the sinner voluntarily submits in penance. (2) If we are judged, we are corrected by the Lord that we may not be con- demned with this world. This is the vengeance which the Almighty God mercifully inflicts on the sinner. (3) The third jiidgment is most to be dreaded, when the just Judge shall say. Depart from Me, ye cursed. (156). Alexander ill. in Decret. Lib, v. Tit. xxxviii. c. 5, directs penance to be enjoined on one who declines to forsake sin, although absolution cannot be given. Const. 16 Otlio, a.d. 1237 ; Const. 8 Rey- nolds, A.D. 1322 : He w^ho confesseth his sin, and yet will not abstain from it, to him absolution cannot be given ; for we never read of pardon con- ferred on any without reformation. Const. 13 Stratford, A.D. 1343 ; Const. Chichele, a.d. 1430 ; Lynd. 150, 264, 265. (157). Theodori Poenit. I. ill. 3, in H. & S. ill. 179 : He who stole must always be reconciled to the person whom he offended, and restore the damage done to him, and it will greatly abbreviate his penance. If he either will not or cannot do so, let the appointed time of penance be done in full (manet per omnia). Augustin ap. Gratian Cans. xiv. Qu. vi. c. 1 : 168 SJiort Alanztals of Canon Law. restitution or by compensation i}'^^), for the sin is not forgiven until what has been taken away is restored Q^^). On this ground, public offences in the Church are visited with public punishment, and reconciliation is refused until public punish- ment has been undergone, although the offender may be perfectly contrite. Moreover, since absolution, whenever an injury has been done to another, is void without restitution either in act or intention i}^'^), a promise of restitution made to obtain absolution is a sacred trust which descends to the heirs of one deceased Q'^^). 21. The sacramental effect Q^-) of the discipline of penance, This I would most confidently say, that he who interposes to prevent another's restoring what he has wrongfully taken away, or does not oblige him to do so if he takes shelter with him, is an accomplice of his fraud and crime. Id. Ibid. Qu. v. c. 15 ; Const. 33 Langton, a.d. 1222 : Let him be excommunicate who, for the future, receives the goods of the Church and detains them after admonition, and not be absolved till he make restitution. Const. 35 Edmund, a.d. 1236 : Let them not be admitted to absolution unless they make satisfaction. Const. 8 Reynolds, A.D. 1322 ; Rule 4 in Sext. Lib. v. Tit. xii. c. 5 ; Gregory vii. ap. Gratian Caus. XXXIII. Qu. III. Dist. v. c. 6 : He who . . . detains unjustly the property of au other, let him realise that he cannot come to true repentance . . . unless he restores what he has taken unjustly. Lynd. 333 observes that restitvition is often required in foro animae, when it cannot be enforced in foro contentioso — as from a hypocrite who has made money by pretend- ing to be a good Christian, from a gambler unlaw-ful gains, rights acquired by statutes of limitations through no fault of the loser's or by the ignor- ance of a judge, debts confessed for no consideration. Lynd. 332, 338, 346, 11, 264. (158). Gregory ap. Gratian Caus. xiv. Qu. vi. c. 2 : Since what has been consecrated cannot [in this case] be restored, let it be your care that the bishoiJ compensate for the value. Augustin Ibid. Qu. v. c. 15, says there are cases in which what has been improperly taken need not be restored, as a bribe to do wrong. Lynd. 322, 332, 278 says that by the custom of England a corpse can be attached for debt. (159). Augustin ajj. Gratian Caus. xiv. Qu, vi. c. 1 ; Alexander in. in Decret. Lib. v. Tit. xix. c. 5 ; Rule 4 in Sext. ; Const. 8 Reynolds, a.d. 1322. (160). Lynd. 333. (161). Lynd. 290. (162). Cyprian Ep. 79 (Oxf. 43), 3 : Heretics take away repentance, and teach that the Lord should not be appeased through bishops and pres- Penance. 169 when offered to Ciod with the prayers of the Church, is two- fold (163) : (1) It unlooses the bond of guilt, and procures for the offender God's forgiveness, restoring him to life Q-^) and the forfeited state of salvation {^^^) ; (2) It unlooses the bond of punishment, in all cases doing away with eternal punishment (^<'*''), and only retaining temporal punishment as byters. De Laps. c. 29 : Let each one confess . . . while the satisfaction and remission made by the priests are pleasing to the Lord. Firmilian ad Cypr. Ep. 74 (Oxf. 75), 4 : Not as thoi;gh they obtained forgiveness of sins from us, but that, by our means, they may be converted to the under- standing of their sins, and may be compelled to give fuller satisfaction to the Lord. It was held by Peter Lombard and the older Schoolmen that unless there is true contrition of heart sacramental absolution is unavailing. The view now generally taken is that confession, penance, and the prayer of the priest have, through the power of the Holy Ghost, a sacramental eflfect, and intensify attrition so as to deserve forgiveness. Morinus states that the declaratory form of absolution was introduced to emphasise the latter view. Ayliffe 19 : 'Tis certain that our Saviour left power in His Church to absolve men from their sins, but it was founded upon repent- ance. Liebermann Inst. Theol. vi. 550. See note 15. (163). Iren. in. 18, 2 : As it was not possible that man, who had been destroyed by disobedience, could reform himself, or that he could obtain salvation who had fallen under the power of sin . . . the Son effected both these things. TertuUian de Poenit. c. 6 : Whilst pardon is in abeyance there is prospect of penalty. Augustin Serm. ii. in Psal. ci. : When thou hearest a man expose his conscience in confession, he is already brought forth from the tomb. When, and by whom, is he un- loosed ? It is written, " Whatsoever things ye shall bind upon earth," &c. In the Anglo-Saxon rite, ap. Soames 296, the priest prays : [1] Overlook the sins of penitents ; and [2] graciously grant discharge from penance (indulgentiam) and peace. Innocent in. a.d. 1199, in Decret. Lib. v. Tit. XXXIX. c. 28 : The bond with which the sinner is bound before God is dissolved in the remission of guilt, that with which he is bound before the Church when the sentence is relaxed. . . . The Lord first raised Lazarus, and then when he was raised bade the apostles unloose him. Liebermann vi. 566. (164). Iren. iv. 20, 5, quoted in Bcqytism, notes 236 and 241. (165). TertuUian Ibid. c. 9, calls it, " being restored to forfeited (pro- dactae) salvation." (166). Iren. in. 23, 1 : If man, who had been created by God that he might live, through being injured by the serpent that corrupted him should not any more return to life . . . God would have been conquered. 170 Short Manuals of Canon Law. an instrument of amendment. The pardon itself is God's gift (16^) ; the sentence declaring it is the sentence of the Church, which Christ has promised to ratify in heaven (^^^) ; Ihid. 3 : Eternal fire was not prepared for man, . . . yet they too shall justly feel it who persevere in wicked works without repentance and with- out amendment. Tertullian de Poenit. c. 12 : Exemologesis will extinguisli hell for you. Elfric Horn, in Soames i. 302, and Lingard i. 334 : If he confess his sins through contrition, then goetli he forth from the tomb as Lazarus did at the bidding of Christ. Then shall the teacher unbind him from the eternal j^^nishinent, as the Apostles unbound the body of Lazarus. Lynd. 237, 334. (167). Iren. v. 13, and 19, 1 : In what Avay can sins be truly I'emitted, unless He against whom we have sinned Himself grants remission? Cyprian de Laps. c. 17 : The Lord alone can bestow pardon for sins which have been committed against Himself. Ambrose ap. Gratian Cans, xsxiii. Qu. III. Dist. 1. c. 51 : The word of God forgives the sin, the priest is the judge who pronounces the sentence. Id. Ibid., Cans, xxiii. Qu. v. c. 49 : Sins are remitted by the word of God, of which the Levite is the interpreter, and in a sense the executor. They are also remitted by the ofl&ce of the priest and the sacred ministry. Id. De Spirit. Sanct. ill. 18 : Men give their ministry in the remission of sins, but they exercise not the right of any power, for they do not forgive sins in their own name, but in the name of the Father, Son, and Holy Ghost. They pray ; God giveth. The execution is through man, the gift from the power on high. Gregory de Poenit. I. c. 2 ; Chrysost. Horn. 5, de Verbis Isaiah : Heaven takes its initiating act from earth, for the judge sits upon earth ; the Lord follows the servant. Innocent iii. a.d. 1199, in Decret. Lib. V. Tit. XXXIX. c. 28 : The Church sometimes binds those whom God looses ; hence Christ, after raising Lazarus, said to His disciples, Loose him and let him go. Concil. Lat. iv. Can. 65, Ihid. Lib. v. Tit. XXXVIII. c. 12. (168). John XX. 22 : As My Father hath sent Me, even so send I you ; and V. 22, 27 : The Father had committed all judgment to the Son. 2 Cor. V. 19 : Qeos Tjv iv XpiffT(3 KoapLou KaraWaffauiu eavTi^ . . , Kal de/xevoi i]/jui> TOP "Kdyov T^s KaraWayi^s (having placed in our charge for Himself the ministry of reconciliation). Cyprian Ep. 53 (Oxf. 57) : He who gave the law that things which were bound on earth should be bound in heaven, allowed also that things might be loosed there which were first loosed here. Pacian Ep. 1 ad Symphor. : Quod per sacerdotes facit, ipsius Christi potestas est. Lynd. 236, 327, calls the shrift the vicar of Christ, because he holds the place (vices) of Christ. Lynd. 237, 334, 337 : Although God alone forgives sins, yet the priest exercises his office in imposing penance. Pcnaucc. 171 the minister of the sentence which is called absolution (i"'') does not, however, act simply ministerially, but he acts judicially, being bound first to weigh the sufficiency of re- pentance and amendment, and afterwards under the Spirit's guidance to interpret the Divine judgment (^'^*'). Should he in so doing act arbitrarily or capriciously, or should the repentance, confession and satisfaction upon which his sen- tence is passed be feigned or unreal, the Lord will amend the sentence of His serv^ant (^''^), and it will not effect a loosing in heaven. The Completion of Reconciliation, Annealing or E XTREME Unction . 22. After health comes sickness. To j^rovide for this the Apostles, in accordance, as it is believed, with instructions received from Christ, instituted the anointing of the sick by the presbyters of the Church as a means of grace, whereby, in And as Innocent [iv.] says : A sinner is never absolved by God who has bound himself by sin, except lie be aljsolved by a priest. (169). Tertullian de Poenit. c. 12 : Is it better to be damned in secret than to be absolved in public 1 (170). Chrysost. de Sac. Lib. iii., after saying that the Jewish priests only declared a man cleansed from leprosy, continues : But to our priests it Ls conceded not merely to declare them cleansed, but to cleanse them. Dionys. Eccl. Hier. ii. 7 : Tlie hierarchs have discriminating powers as interpreters of Divine judgment, . . . deciding by the motion of the Divine Spirit those who have been already judged by the Lord according to their deserts. The Council of Trent, Sess. xiv. c. 6, says : Non est solum nudum ministerium . . . sed actus judicialis quo ab ipso velnt a judice sententia pronunciatvu'. On the other hand, Hooker vi. c. 6, asks : Does absolution really take away sin, or but ascertain us of God's merciful j^ardon ? . . . The latter is our assertion, (171). Cyprian Ep. 51 (Oxf. 55), 18, a.d. 252 : We do not prejudge when the Lord is to be the judge, save that if He shall find the repentance of the sinner full and sound, He will ratify what shall have been deter- mined by us. If, however, any one should delude us with the pretence of repentance, God will judge of those things which we have imperfectly looked into, and the Lord will amend the sentence of His servants. 172 ShoTt Manuals of Canon Law. answer to tlie prayer of faith, sius might be remitted, the tem- poral consequences of sin be alleviated, and bodily health be restored, if that were for the soul's health (^'^"). Sickness being generally looked upon as one of the punishments due to sin (i'^^), this anointing was resorted to in all cases of illness, more particularly in cases of serious illness. When exclusively used for mortal sickness, as became the custom after the tenth cen- tury, it was called extreme unction or annealing, the sacrament of the departing (^'■*), or the prayer of the oil {ev^eXaiov), and was held to be the consummation and completion of the penance of life, occupying the same position in regard to the sacra- ment of penance that confirmation holds to the sacrament of baptism (i^^). 23. The essentials of annealing or unction are oil without the admixture of any foreign ingredient as the remote matter, and the application of it to the sick person's body as the proximate matter. The form consists in the prayer of the presbyters, which in early times was said by all together in the sick man's chamber after he had been anointed with oil, but after the fourth century appears to have been said over the oil by antici- pation, the oil being then carried away and kept by the faithful against emergencies (^^'^). After the ninth century, when the oil was no longer given out to the people, the oil specially con- secrated for this purpose was known as the sick man's oil. Where, as in the East, the oil is not hallowed by anticipation, (172). Mark vi. 13 ; James v. 14 ; Innocent, a.d. 416, ad Decentium c. 8, ap. Gratian i. Dist. xcv. c. 3. (173). 1 Cor. XI. 30 : For this cause many are sick among you. (174). Lynd. 43. (175). Thorndike v. 562 ; Devoti Lib. ii. Tit. il. § 96 ; Liebermann vi. 798. In the fourteenth century the Armenian laity neglected confession in the belief that extreme unction wiped out all the sins committed during lifetime. To counteract tins practice the Armenians then gave up the use of extreme unction. (176). Innocent ap. Gratian 1. c. : There is no doubt [St. James'] words ought to be received and understood of the faithful who are sick who may be anointed with the sacred oil of anointing, which, after it has been made by the bishop, not only priests but all Christians may use for the purpose of anointing in their own need or in the need of their friends. Penance. 173 the form which constitutes it a sacramental sign is the prayer wherewith it is hallowed; but the form which makes its ad- ministration avail to the recipient is the prayer or words wherewith it is administered. According to some, even when solemnly hallowed oil is used, the words of administration constitute the only form (^'^^). 24. As the anointing prescribed by St. James was a cor- porate act, in which the whole body of the presbyters took part, the assistance of several presbyters, alike in East and AVest, was formerly held necessary to administer unction regularly (i'^^). In the West seven or more presbyters were formerly required to assist the bishop (^^^) when he solemnly hallowed the oil on Maundy Thursday, but otherwise the hallowing took place with less solemnity than was employed for the consecration of the chrism (^^^\ The Eoman rule and the Western rule which now follows it, require the oil to be consecrated by a bishop (^^^) ; (177). According to Lyndwood 36 the Church of St. Ambrose used the words, Ungo istos oculos, aures ete . . . olio sanctificato in nomine Patris et Fihi et Spiritus Sancti. Gregory directed the application to be made in the form of a prayer : Per istam nnctionem et suam piissimam misericordiam indulgeat tibi Dominus. Concil. Trident. Sess. xiv. c. 11. (178). Liebermann, vi. 792. This was the practice in the Western Church, according to Devoti. Sacram. Gregor : Multi sacerdotes infirmos perungunt in qiiinque sensibus corporis. The writer of the life of Carolus Magnus states that he was anointed with oil by many bishops. In Leofric Missal 240, it is said : After the sick man has been anointed let the following prayers be said, one by each priest. Then follow seven prayers. Benedict, xrv. de Syn. Lib. viii. c. 4, no. 5. (179). Leofric Missal, p. 222. Two jars (ampullae) of oil are brought in, offered by the people, and as well the lord bishop (dominus papa) as all the presbyters bless them. Ihii. p. 258 speaks of twelve presbyters as witnesses and co-workers of the sacred mystery of the chrism. (180). Ordo S. Amandi, a.d. 800, ap. Duchesne, p. 450. The oil of the sick was at first one and the same as the catechumens' oil. Leofric Missal, p. 257, says : Oleum ad unguendos tarn infirmos quam energumenos. Lynd. 36 says that in his time it was a different oil. (181). Concil. Carthag. ii. a.d. 390, ap. Gratian Caus. xxvi. Qu. vi. c. 1, and Concil. Carth. iir. a.d. 397, Ihid. c. 2, forbid this to a presbyter. Apost. Const. VIII. 29 : Let the bishop bless the water or the oil. . . . Gelasius, a.d. 494 ; Ihul. 1 Dist. xcv. c. 2 ; and Concil. Hispal. ii. a.d. 174 SJio7'-t Ma7mals of Canon Law. but in some parts of the East a single presbyter is allowed to hallow it on behalf of all (^^-). 25. So long as it continued to be the custom to give out the consecrated oil for private use the administration of unction was undertaken by any Christian who had the hallowed oil at hand(^^^). Since the ninth century, when this practice was discontinued (1^^), the sick man's oil is only intrusted to those in holy orders, presbyters or bishops being deemed the proper administrators (^^^). A single presbyter can administer unction when more cannot be had (^^^), and in case of emer- gency it may be administered by any presbyter (^^^) ; but the regular administrant is the parochial incumbent, who ought to be assisted by at least one other presbyter, or where another presbyter cannot be had, by a clerk or layman (^^). 26. According to early practice the sick man's oil was applied to any part of the body, generally to the breast or to the part affected Q-'^'^). The old English use was to anoint the eyes, shoulders, nose, lips, breast and reins, hands, crown, and feet, in the order named, each part, after a general prayer in the name of the Trinity, being anointed by a separate presbyter 619, Ihid. 1 Dist. Lxviii. c. 4, also reserve the consecration to a bishop. Theodori Poenit. ll. lii. 8, in H. & S. in. 193 : According to the Greeks a priest may make the exorcised oil and the chrism for the sick if neces- sary. According to the Eomans this is only allowed to bishops. (182). Theodori Poenit. L c. Apost. Const, viii. 29 : If the bishop be not there let the presbyter bless [the water or the oil], the deacon standing by. Goar Euchol. Graec. § 436 ; Benedict xiv. allowed presbyters to hallow it in some places. Devoti, § 89. (183). Innocent i. 1. c, quoted above, note 176. (184). The hallowing of the oil-cruets of private Christians is found in Ordo Amandi, a.d. 800, ap. Duchesne, p. 450, but it has disappeared in Leofric's Missal. (185). Innocent ap. Gratian 1, Dist. xcv. c. 3 ; Const. 3 Eeynolds, a.d. 1322 : Let the sick man's oil be carried with great reverence to the sick, and let the priests anoint them with great devotion, and with the use of prayers provided for that purpose. Devoti, § 92. (186). Alexander in. in Decret. Lib. v. Tit. XL. c. 14. (187). Devoti, § 93. (188). Lynd. 36. (189). Mabillon and Menard, quoted by Devoti, § 90. Penance. 175 with a separate prayer (^''°). The Roman use is to anoint the five organs of sense. In women the reins are not anointed, nor yet in men when illness prevents their being conveniently moved (i''i). The Greeks anoint the brow, the chin, both knees, then the breast, both hands, and lastly the feet(^^-). The priest who administers annealing should be vested in surplice and stole (^^^), and the pads of lint used for wiping off the oil should be carefully burnt. 27. The proper subjects of annealing are all baptized Christians (1) who are sick or in danger of death (^^■*) ; (2) who are at the time in a state of grace (^^^) ; and (3) who being adults, i.e., having reached their fourteenth year, desire to receive it (^^^). (190). Leofric Missal, p. 240, gives (1) the prayer in the name of the Trinity, (2) the prayers used in anointing each part, and (3) the prayers then said by each of the anointing priests. The prayers used in anointing are much longer than those in the Eoman rite. (191). Decret. ad Armenos Eugenii iv. a.d. 1439, ap. Devoti, §90. (192). Arcudius Lib. v. c. 7. (193). Lyud. 36 ; Craisson, § 3937. (194). Egbert's Excer^jt, A.D. 740 : If any one be sick let him be anointed by the priests with hallowed oil. Edgar's Law 65, a.d. 965 ; Const. 9 Peckham, a.d. 1281 : Extreme unction ought to be given to them only who seem to be in danger of death. Const. 3 Reynolds, a.d. 1322, says that it should not be administered to those who are well, because, says Lynd. 36, for them there is another remedy — penance. Ill- ness includes old age, a wound, childbirth, but not the prospect of being executed for crime. Craisson, § 3942 ; Liguori vi. 717, says that in a doubtful case it ought to be administered. (195). Innocent, a.d. 416, 1. c. The hallowed oil may not be used to penitents because it is a kind of sacrament, and how can those to whom all sacraments are forbidden be allowed the use of one kind ? Innocent lu. a.d. 1204, in Decret. Lib. I. Tit. xv. § 1 : There are two kinds of unction — one outward, which is material and visible, the other inward, which is spiritual and invisible. Of the first St. James says. Is any sick, etc. Of the second the apostle St. John says : But the anointing which ye have received abideth in you, etc. The outward visible unction is the sign of the invisible unction, but the inward unction is not only a sign but a sacramental reality, because, if it is worthily received, without doubt it effects and increases what it professes. (196). Const. 3 Reynolds, a.d. 1322. 176 SJiort Alamtals of Canon Law. It may also be administered to persons mentally affected at lucid intervals, provided they were previously of repentant mind(^^'^). The early English use prescribed the repetition of annealing every day for seven days, provided the sick man survived so long i}^^), but the Koman use, introduced by Arch- bishop Eeynolds in the 14th century, only permitted it to be given once a year(^^^), except in a case of fresh illness (^''°). Being a species of penance, it was in some churches not given to persons of saintly life who did not need penance (^^^). For the same reason the ancient rule required it to precede the administration of the viaticum or last communion ("°2), but the Eoman practice since the 13th century has inverted this order Q^'^). In the East the oil, which is solemnly consecrated on Maundy Thursday, is not reserved to be nsed for unction at a future time, but is at once employed to complete sacra- mentally the forgiveness of those who have confessed their sins and received absolution (^'^*). 28. The effect of annealing is to convey to the recipient the strengthening power of the Holy Ghost, which, by the prayers of the presbyters and people, has been first communicated to the hallowed oil. When administered to one who is a fit (197). Arcudius Concord. Lib. v. c. 4 states it to be the custom of the Greeks to give annealing to those distressed in mind. Const. 9 Peckham, A.D. 1281 : We advise that [extreme unction] be given to them that are in a phrensy or aberration of mind if they had before a care of their salvation with assurance. For we believe that the receiving thereof contributes to their getting a lucid interval, or at least to their spiritual good and increase of grace, upon condition that they be sons of predestination. (198). Leofric's Missal, p. 241. (199). Const. 3 Eeynolds, a.d. 1322 : Let them teach the people that the sacrament of extreme unction may be received again after one year, i.e., once in one year in grievous sickness, when there is a fear of death. (200). Devoti, § 96, following Thomas Aquinas, Suppl. ill. Qu. 33, art. 1. (201). Liebermann vi. 784. (202). Sacram. Greg., followed by Leofric Missal 241 ; Can. 32 Elfric, A.D. 957. (203). Bridgett, Hist, of Eucharist I. 233. (204). Devoti, § 95. Benedict, xiv. De Syn. Lib. vili. c. 5, no. 5, calls this a mere ceremony. Penance. 177 subject to receive it (1) it strengthens \\un to meet the last attack of the ghostly foe, and restores him to bodily health if that be for the good of his soul ; (2) it alleviates the temporal sufferings caused by sin by imparting a firm trust in the Divine mercy ; (3) it gives forgiveness, and exterminates the last remains of sin (-°5). Whether this forgiveness extends to mortal as well as to venial sins is a moot point (^°^). Anneal- ing ought, therefore, always to be preceded by confession and penance (-'^''). (205). James v. 14 enumerates tliem : (1) the prayer of faith shall rescue the distressed one {tov Ka^ivovTa), which may ajaply eqvuUy to distress of mind or body ; (2) the Lord shall raise him up, which also applies to soul as well as body ; (3) if he have committed sins it shall be forgiven him (d(f)e6T]creTai avTa>). The bishop prays in Apost. Const, vill. 29 : Grant to them [i.e., the water and the oil] power to restore health, to drive away diseases, to banish demons, and to disperse all snares. Edmund's Speculum Ecclesiae c. 14, a.d. 1236 : Unction delivers the infirm who are in danger of death from corporal and spiritual penalties. (206). Lynd. 36 states that it only gives forgiveness of venial sins. Liebermann vi. 793 says mortal as well as venial. Craisson, § 3916. (207). Elfric. Can. 32, A.D. 957 : The sick man before his anointing shall with inward heart confess his sins to the priest, if he hath any for which he hath not made satisfaction according to what the apostle taught. And lie must not be anointed unless he request it and make his confession. Edgar's Law 65, a.d. 960. 178 V. ORDER AND ORDINATION. Order Generally. 1, Order is, properly speaking, the arrangement of things equal and unequal by assigning to each its proper place (}). When applied to persons in the Church it is used to express the placing of individuals in any rank or estate (^) which in relation to others has distinct duties. In this sense there are sometimes said to be five orders, those of catechumens, the faithful, officers of service (ministri), elders (presbyteri), and overseers (episcopi) (^) ; at other times three, viz., the faithful, officials, and penitents (*) ; or otherwise, the faithful living in the world, the faithful under vows, and the faithful holding office (^). Ordinarily two estates only are distinguished (^), (1). Augustin de Civ. Dei xix. 13, 1 : Ordo est parium dispariumque rerum sua cuique loca tribuens dispositio. (2). The term Ordo is first met with in TertuUian Exhort, ad Cast. c. 7, A.D. 196, quoted in Baptism, note 215, where it is used to denote the pre- siding ranks, ol TrpoiaTafxepoi of 1 Thess. V. 12 ; ol rjyovyievoi of Heb. XIII. 7, 17, 24 ; 01 TrpoTjyovixevoi of 1 Clem. Eom. 2, 1 ; Hermas, Vis. iii. 9. It is called Tci^Ls by Clem. Rom. 41 ; Concil. Ancyr. a.d. 314, Can. 4 ; Concil. Neocaesar. a.d. 314, Can. 1 ; Concil. Laodic. a.d. 363, Can. 3 ; Socrates vi. 18 ; VII. 7 ; in Hellenistic Greek, KXrjpos. (3). Hierouym. in Esai. v. 19, 18, speaks of fideles and catechumeni as forming two oiit of the five estates of the Church (ordines ecclesiae). 1 St. Peter v. 3 directs the clergy not to domineer over the estates (ol KXrjpoi). Concil. Neocaesar. a.d. 314, c. 5 calls the catechumens a rd^ts. (4). Liebermann vi. 736. (5). Greg. Mor. Lib. xxxii. c. 20 says the Church consists of three orders, conjugatorum, continentium atque rectorum. Id. in Ezek. ii. Hom. ii. c. 5, says that the Church consists of bonorum conjugum, continentium, praedicantium. Raban Maur. de Inst. Cler. Lib. 1. c. 2 : Tres sunt ordines in ecclesia, laicorum, clericorum et monachorum. (6). Iren. iv. 26, 4 speaks of the ordo presbyterii. Concil. Nic. a.d. 325, Can. 5, of the XaiKov ray/xa. Hieronym. ap Gratian Cans. xii. Qu. 1. c. 7 : Order and Ordiiiaiion. 1 79 one to which admission is given b}' the sacrament of baptism, the order of laymen, the other to which admission is given by- some form of benediction, the order of church officers C^), whose lot or inheritance is in the Lord's portion (^). The latter are said to constitute the clergy (^). 2. Whether used of clergy or laity the term order still admits of three senses which require to be distinguished. (1) It denotes the persons who form the rank or estate; (2) the position which they occupy in the Church ; and (3) the spiritual gift, whether character or authority, which is im- parted to them by the benediction for the duties of their position (^^). This spiritual gift is sometimes a true spiritual character, sacramentally bestowed by the use of a sacred sign or symbol (^^), as when the presbyterate is called an order ; at There are two classes of Christians, one devoted to Divine service, to con- templation and prayer, as are the clergy . . . the other that of laymen. (7). Siricius, a.d. 385, ap. Gratian I. Dist. lxxvii. c. 3 : Whoever there- fore has devoted himself to the Church. Socrates i. 14 speaks of Arius finding means to enter the Church. Hieronym. ap Gratian Cans. xii. Qu. 1. c. 5. (8). Hieronym. 1. c. Clementines Ibid. c. 2 ; Augustin Ihid. i Dist. VIII. c. 1. (9). Cod. Theodos. Lib. xvi. Tit. 2, 2 : Qui divino cultui niinisteria religionis impendunt clerici appellantur. Isidore de Eccles. Oilic. ii. 1, 1 : Omnes qui in ecclesiastic! ministerii gradibus ordinati sunt generaliter clerici appellantur. (10). Thus in the phrase xeTrdi/crSw tov K\ripov or dKvpos ^crrw i] x^tpoToula, KXijpos is used in the second sense to express position in the Church, and by the Greeks order is more often used in this sense. When, however, order is called a character, and is said to be indelible, and is forbidden to be reconf erred, it is used in the third sense, to express the spiritual gift. (11). Hugo de St. Victor in Lynd. 117, 309, defines it as a sacred sign or symbol whereby spiritual power is bestowed on the ordained for his office. The Schoolmen define it as the gift of a spiritual power, and the conferring of grace for the discharge of ecclesiastical ministrations. Moroni calls it a sacred rite, whereby a Christian receives power to exer- cise sacred functions, and the grace to exercise them faithfully, Devoti, Lib. II. Tit. II. § 97, defines order as "a sacrament in which by a solemn inauguration a power is bestowed for discharging sacred functions." Hooker ii. 588 calls it "a gracious donation which the Spirit of God doth bestow." Cranmer in Lord's Formularies of Faith, 1856, p. 277 : 180 Short Manuals of Canoft Law. other times a dignity or accession of authority, as when the episcopate is called an order (i-) ; at other times a simple setting apart for authorised service, as when the doorwarden- ship is called an order (i^). The term order is not, however, used of any class of persons temporarily holding office in the Church, to whose ranks admission is given without the use of a sacred sign, or of any class which is not specially set apart for some Eucharistic purpose i^'^). 3. In a sacramental sense order may be defined to be a spiritual gift or Divine qualification bestowed from above, in answer to the prayers of the Church, by the use of some sacred sign, the recipients of which are fitted in a greater or less degree to represent Christ before the world (^^) and their fellow-men in intercession before God Q-^). This gift, promised to the Apostles by Jesus Christ when He was upon earth, and bestowed on them on the day of Pentecost, when the Spirit fell upon them, is held to be by transmission inherent in the whole body of baptized Christians collectively, but Order is a gift or grace of ministration in Christ's Church, given of God to Christian men by the consecration and imposition of the bishop's hands upon them. (12). Decret. Lib. i. Tit. xiii. c. 1. (13). Lynd. 117 gives the above threefold division. Ayliffe 400. They are called respectively dignitates, ordines, et ministeria. Decret. Lib. i. Tit. VI. c. 7 ; Ambros. ap Gratian Caus. i. Qu. i. c. 83 ; and Augustin Ihid.. c. 84, distinguish offices from spiritual gifts. (14). Can. 18 Elfric, a.d. 957 : There is no order aj)pointed by eccle- siastical institution but these seven [which have to do with the Eucharist]. Monkship and abbotship are of another sort. On this ground kingship is also held not to be an order, although admission is given to it by the use of a sacred sign and anointing. Pupilla Oculi in note 37. (15). In Luke x. 16 Christ says to the Seventy : He that heareth you heareth Me ; in Math, xxviii. 19 : Lo, I am with you always. Conf. Gal. VI. 17. Hilary, a.d. 375, Quaest. in Nov. Test. 44 calls a presbyter (1) sacerdos Dei, and (2) praepositus plebis. See Baptism, note 223. (16). Tertullian Apol. 30 dwells on the intercessory powers of Christians generally. Origen, in Lev. v. 3, states that Christ gave His priestly office to the Church, and that deacons and priests consequently take upon them- selves the sins of the people, and imitating the Master grant remission of sins. Oi'dcr and Orduiation. 181 diffnseilly, each sharing in it more or less according to his merits (}''). In this sense the Church is said to be the home of the Spirit, and all the faithful who have not lost the grace of the Spirit constitute a holy order, a royal priesthood, and have collectively the power of binding and loosing (^^). (17). Acts II. 17, 18 ; Math, xviii. 15-18 ; 1 Cor. xil. 10, 28 ; Rom. xii. 6, 7 speaks of the x^P^'^l^o-'ra- of prophecy, &c. Eph. iv. 11 ; 1 Clem. c. 38 : Let each man submit to his neighbour, as he was ai^pointed, in the special grace given him (^v t(^ x«P^<^Ma7-i airrQv). Iren. I. 23, 1 : The Apostles filled with the Holy Ghost through the laying on of hands those who believed in God. Hippolyt. Haer. Prooem. : None will refute heresies save the Holy Spirit bequeathed unto the Church, which the Apostles having in the first instance received have transmitted to those who have rightly believed. Iren. ii. 32, 1 : Those who are in truth His disciples, receiving grace from Him, do in His name perform miracles so as to promote the welfare of other men, according to the gift which each one has received from Him. For some do certainly drive out devils. . . , Others have foreknowledge of things to come. . . . Others still heal the sick. . . . Yea, moreover, the dead even have been raised up. ... It is not possible to name the number of the gifts which the Church throughout the world has received from God in the name of Jesus Christ. Ibid. iii. 4, 1 : The Apostles, like a rich man, deposited in the hands of the Church all things pertaining to the truth, Origen contr. Celsum i. 46 : There are still pre- served among Christians traces of that Holy Spirit which appeared in the form of a dove. They expel evil spirits, and foretell many cures, and foresee events according to the will of the \6yos. De Prin. iv. 1, 29 : Christ is in each individual in as great a manner as the amount of his deserts allows. Cyprian Ep. 75, ad Magnum (Oxf. 69) 11, a.d. 255. Cyril. Catech. xvi. a.d. 350 : The Holy Ghost, one and uniform and un- divided in Himself, distributes His grace to every man as He wills. He employs the tongue of one man for wisdom ; the soul of another He en- lightens by prophecy ; to another He gives power to cast out devils ; to another to interpret the Divine Scriptures. He strengthens one man's self-command ; He teaches to another almsgiving, another to fast and train himself ; another He trains for martyrdom ; diverse to different men, yet not diverse from Himself. Clem. Strom, vi. 13 : One who lives perfectly according to the Gospel is in reality a presbyter of the Church and a true deacon of the will of God. . . . And although here on earth he be not honoured with a first rank seat (irpwroKaeedpia), he will sit down on the twenty-four thrones as John saith. Gregory ap Gratian I. Dist. Lxxxix. c. 1.; Innocent ill. in Decret. Lib. v. Tit. vii. c. 12. (18), In 1 Cor, v. 3-5 St. Paul condemns in Christ's name cwaxQivruv 182 Short Mamials of Canon Law. 4. By a particular benediction, or unanimous praj^er on the part of the whole Church, the effect of which is communicated by the imposition of hands (^^), the special power of the Spirit bestowed on St, Peter and the other Apostles by Christ, which qualified them to act as stewards of the Church (-°), is com- i'/xtDj' (tlie Ck u) KoX rod efx.ov vvevjuLaTOs, (tvv t§ dvi>dfj.ei. rod Kvpiov y]iJ.G]V. In 2 Cor. II. 5-11 the punishment is spoken of as inflicted by the com- munity (ol TrXetoj/es), and the forgiveness is assigned to them : tS Se n XO-p'i-^eade, Kaydi. (19). Pseudo-Ambros. in 1 Tim. iii. 13, a.d. 400 : Layings on of hands are mystical words, wliereby the elect is confirmed for his work and receives authority, so that he can with a pure conscience offer sacrifice to God in the Lord's place. 1 Tim. iv. 14 calls it irpocp-qTeia. Lucifer de Athanas. i. 9, a.d. 360 : No man can be filled with the power of the Holy Ghost to govern God's people save he whom God has chosen and on whom hands have been laid by the Catholic bishops. (20). In John xx. 22 the words are : Eeceive a holy gift of the Spirit (XajSere Uv€u/j.a dyiov) ; in 2 Tim. I. 6 it is called xap'c/*'^- That the Apostles in ordaining must have conveyed or rather have by their prayers procured to be transmitted some higher gift of the Spirit for those on whom the Spirit had been already outpoured is clear, because (Acts i. 22 ; xiii. 2 ; XX. 28) those ordained by them are said to have been ordained by the Holy Ghost. Iren. iv. 26, 4 and 5 ; i. 13, 4 : The gift of prophecy is not bestowed on men by Marcus the magician, but only on those on whom God sends His grace from above. Tertullian Apol. c. 39 : Among us the work of judging is done with great gravity as before qualified (certos) persons [deputed] from the face of God. Teaching of the Apostles, p. 36 : At the time of early dawn Christ lifted up His hands and laid them upon the heads of the eleven disciples, and gave to them the gift of the priest- hood. And suddenly a bright cloud received Him up. Iren. Haer. iii. 1, 1 : The Apostles were invested with power from on high when the Si^irit came down on them. Methodius, Banquet of the Virgins, Diss. ii. c. 3 ; Hilary Quaest. in Nov. Test. 93, ap. Migne xxxv. p. 2281, a.d. 375 : The Lord is said to have breathed on His disciples after His resurrection. . . .. This inbreathing of Christ is a certain grace which, by transmission (per traditionem), is infused into those who are ordained, by which they are made more acceptable. For as the Holy Ghost was bestowed on the Saviour in visible form that there might be no doubt that He is invisibly l^estowed on them that believe after baptism, so He was inbreathed at the beginning that He might be believed to be imparted by ecclesiastical transmission. Id. Ibid. : The forms of three offices of the Holy Ghost were given to the apostles. The first, which is general, was given at Order and Ordination. 183 municated to individuals in varying degree for general or local use (-^), whereby they are deputed to represent Christ more perfectly before the world, and their fellow-Christians more acceptably before God. This special power constitutes what is technically called order, the sacrament of the perfect (--), the gift of second or superior worth (-2). And as there was but one inbreathing of Christ (-*) after His resurrection by which the Apostles received ecclesiastical power, although there were many commissions given to them, so there is but one Pentecost, when the Spirit fell on all. . . . The second is particular, not belonging to all the faithful, but only to bishops, so that by the laying on of hands they gave the Holy Spirit to the baptized. . . . The third was given only to the Apostles, the power of working signs and wonders. Theophylact Com. in Joan. : They who, together with Peter, were en- dowed with the grace of oversight, have authority to remit and bind. Basil Ep. 188 : For those who first went forth from the Fathers had ordination, and by the laying on of their hands they had the spiritual gift. Rabanus de Cler. Inst. i. 30, a.d. 834 : The same Spirit was given to the Apostles twice by Christ — once upon earth after His resurrection, and once from heaven after His ascension. Concil. Aquisgran. a.d. 806, ap. Amalarius c. 9 : The sacerdotal order in the New Testament took its rise from Peter. To him authority was first given, but the other apostles were admitted to share his honour. (21). Origen de Prin. i. 3, 7 : There is another grace of the Holy Spirit which is bestowed upon the deserving through the ministry of Christ, in proportion to the merits of those who are rendered capable of receiving it. Id. contra Celsura vir. 51 : The words " Receive the Holy Ghost," refer to a higher degree of spiritual influence than the passage, " Ye shall be baptized with the Holy Ghost." Apost. Const, viii. 16. (22). Athanas. Ep. ad Dracont. 3 and 4 calls the gift of order as real a gift as the grace of baptism. Gregor. Nazianzen, Orat. xliii. 78 says of Basil : He gives the hand of the Spirit. Aiigustin ap. Gratian Cans. i. Qu. 1. c. 97 calls order as much a sacrament as baptism. U. Ibid. ill. Dist. IV. c. 32 : He who is baptized lias the sacrament of baptism, and he who is ordained has the sacrament of giving baptism. (23). In the ^lissale Francorum, the consecrator prays that the j)resbyter may receive and hold from God secundi meriti munus. Leofric Missal, p. 215 : Give to this thy servant the dignity of the presbyterate, renew within liim the spirit of holiness, and let him receive from Thee the gift of superior worth. (24). John XX. 22. 184 S/ioi^t Manuals of Canon Laiv. sacrament of order C'^). Nevertheless, since the perfect con- centration of this higher gift upon individuals is not usually accomplished all at once, but by steps or degrees (-^), each of these degrees is called, in a specific sense, an order, not as being a distinct sacrament in itself, but as forming part of and having a distinct share in the one sacrament of order (-''). 5. The Roman Church in mediaeval times, and the English Church following it, recognised and allowed seven steps or degrees in order ("^), and the Spanish and early Galilean (25). It is recorded that Christ first authorised His disciples (the seventy) to baptize (John iv. 2) and cast out devils (Math. x. 28), then to interpret His law by deciding what was and what was not sin (Math, xviii. 18). Next He commissioned the Apostles (the Twelve) to " do this in remem- brance of Me" (Math. xxvi. 26). Anon by inbreathing He gave both Apostles and disciples the power of bestowing the Holy Ghost, and of retain- ing and remitting sins (John xx. 22), and authorised the Apostles to make disciples of all nations (Math, xxviii. 19). And lastly He commissioned St. Peter (John xxi. 15), to whom He had already promised tlie keys of the kingdom of heaven (Math. xvi. 18, 19), to feed and pasture His sheep. Excepting the inbreathing, which was a gift of power, the rest were com- missions of authority, given to them partly as constituting the Church, partly as rulers or stewards of the same, and partly to St. Peter as chief steward (Luke xii. 41-43 ; Math. xvi. 18, 19 ; John xxi. 15). So Clement ad Rom. i. 42, a.d. 95 : Having therefore received their commissions, and being fully assured by the resurrection of our Lord Jesus Christ, and confirmed in the word of God with full assurance of the Holy Ghost, they went forth proclaiming that the kingdom of heaven was at hand. (26). Euseb. x. 4 : In this temple [the Church] there are also thrones, many seats and benches in all the souls in which the gifts of the Holy Ghost reside. But in the chief of all [the bishop] Christ Himself, it may be, resides in His fulness. In those that rank next to Him each one shares proportionately in the distribution of the power of Christ and of the Holy Sjjirit. There may also be seats for angels in the souls of some, who are committed to the instruction and care of each. (27). Const. 3 Peckham, a.d. 1281 ; Durandus and Caietan ap. Craisson, § 1693 ; Devoti Lib. ir. Tit. ii. § 97. Thomas Aquin. in iv. Dist. 24, Qu. 2, art. I. : The division of order is not that of an integral whole into its component parts, nor yet that of a generic whole into its species, but that of a whole in respect of power, this power in its completeness residing in one, and others having only a certain participation in it. These steps are called l3ae/xol in Greek, gradus in Latin. (28). Laws of Satisfaction, a.d. 725 : There are seven steps of ecclesiastical Ordc7' and Ordination. 1 85 Churches nine, some of which were regarded as actually partici- pating in the sacramental gift of order, others as probationary- steps before advancement to the participating steps. Of these the three highest according to the Roman view, the presby- terate, diaconate, and subdiaconate, are called holy orders, because they have directly to do with the service of the altar ; and hierarchical orders, because they admit to a share in the Divine government of the Church ; the four lower ones, those of collets, exorcists, readers and doorwardens C-*^) are called un- sacred and non-hierarchical, because they have not directly to do with the service of the altar, neither do they admit to a share in the government of the Church. The Eastern Church only allows of four steps or degrees in order, exclusive of the episcopate, of which two, the presbyterate and diaconate, are held to be holy orders, whereas the other two, the subdiaconate and the readership, are accounted unsacred (^'^). G. Each step or degree in order is by some considered to possess a sacramental character, because in it an increase of grace is bestowed by an outward sign (^^). By others the sacrament of order is confined to the presbyterate, diaconate, and subdiaconate (^-), because only these three have special duties in solemn worship, and admit to a share in the apostolic government of the Church. More commonly the sacrament of order is limited to the presbyterate and diaconate, because these are given by a solemn imposition of hands within the sanctuary, and some there are who confine it to the presbyterate only (^^). degrees or holy orders. Elfric, Can. 10, a.d. 957 : There are seven orders appointed in the Church. Ivo of Chartres, Serm. ii. ; Hugo de St. Victor, Lib. II. Pars 3, c. 5 ; Const. 5 Peckhani, a.d. 1281, quoted note 74. See Tii6 Sacramc7its, § 6. (29). The Irish canons only recognise six orders, and have no order of collets. Duchesne, 353. Innocent lii. de Sacr. Altaris Ministerio i. 1, in Migne ccxvii. p. 775, enumerates six only as having to do with the Eucharist, because there were six steps leading up to the temple. (30). Joan. Damasc. Dial. con. Manich. c. 3 ; Devoti, Lib. ii. Tit. ii. § 97. (31). Elfric, Can. 12, a.d. 957. Const. 5 Peckham, a.d. 1281, Thomas Aquinas, Bellarmine, hold that each of the seven degrees is sacramental. (32). Gousset Theologie Dogmatit^ue ii. § 425 ; Craisson, § 1643. (33). Lacy's Pontifical, p. 84, states that some do not say the Litany before ordaining to tlie diaconate, probal)ly on this ground. 186 Short Ala J ma Is of Canon Law. Ordination to tlie presbyterate must necessarily be a true sacrament, because in it there is an outward sign, an inward grace, and a direct appointment by Christ, Ordination to the diaconate would appear to be likewise a sacrament, because it was instituted by the Apostles according to the appointment of Christ (^*). The bestowal of any degree below the diaconate is not, however, necessarily a sacrament, though it may become sacramental if administered with corporate prayer and the use of a hallowed sign. 7. In addition to the seven steps or degrees which Western theologians enumerate as constituting order there are two other estates of men which canonists call orders, because they are ranks of men having a distinct position in the Church and distinct duties, but theologians decline to regard as orders, be- cause they have no special function in the service of the Eucha- rist (^^). These are (1) the estate of tonsured or ecclesiastical persons, who belong to the order of laymen, and (2) the estate of ruling presbyters or bishops Q^), who belong to the order of (34). Clem. Ep. 1 ad Cor. c. 42 : Many ages before [the Apostles were appointed by Christ, and deacons by them] it was written concerning bishops and deacons, I will appoint their bishops in righteousness and their deacons in faith [Isa. LX. 17]. Ignat. ad Smyrn. c. 6 : Respect the deacons as exercising their ministry according to the appointment of God. Liguori, Lib. vi. 742 : Since it is very probable that the delivery of the instruments is necessary, in practice it should be adhered to at least in the order of. the presbyterate and diaconate, for as regards other orders it is probable that they are not sacraments. (35). Augustin Ep. Gratian i. Dist. Lxxxix. c. 5, and i. Dist. xcvi. c. 1, and I. Dist. xxiii. c. 20; and Decret. Lib. i. Tit. xiv. c. 11, are generally relied on to show that the tonsure is deemed an order. Against that view Sext. Lib. i. Tit. ix. c. 4 is quoted. (36). Tertullian de Bapt. c. 17 distinguishes priests from high priests (summi sacerdotes). Pseudo-Isidor. ap. Gratian in. Dist, v. c. 4, says that summi sacerdotes hold the place of apostles. Id. Ibid. Cans. ii. Qu. vii. c. 38 calls them successors of the Apostles ; so also Elfric in Thorpe, p. 403 ; Hermas, Vis. in. 9, 7 mentions side by side the irpo7}yo6/j.evoi rrjs e/cKXTjo-tas (rulers and bishops) and irpuTOKadeSp^Tai (or presbyters holding the first seat), Origen in Math. xvi. 22 : Those who are intrusted with the presidency irpwTOKadeSpia) of the laity are the bishops and presbyters. Euseb. x. 4 calls presbyters priests eV toO devr^pov dp6vou. Also Hieronym. in Epitaph, in Order and Ordination. 187 priests i^~). Of these nine estates the presby terate and episcopate are alone spoken of as being full orders, and are said to constitute the priesthood {saccniotium), because they exercise all the three functions of the priesthood, viz., that of making oITerings, that of preparing and presenting their own and others' offerings, and that of hallowing the offering. Deacons are said to belong to the priesthood (^^), because they exercise the two former of these functions. All the other estates, being either assistants to deacons (ministri) or having lower ministerial functions to Paulain ; Gregor. Nazianzeu de Eccles. Anastas. 148 ; Uevoti, Lib. i. Tit. III. § 87 ; Cavagnis ii. 101 ; Lightfoot's Apost. Fathers ii. 120. (37). In the earliest times bishop and presbyter are used interchangeably to describe the same local officers of the Church. In Acts xx. 28 St. Paul calls the irpea^vTipov% of Miletus i-n-iaKdirovs. Clem. Ep. i. ad Cor. 42 : The Apostles preaching in all lands appointed the firstfruits of their teaching iiTKTKbirovs and deacons. Ihid. 44 ; Apost. Can. 38 directs a synod of iirlffKOTToi to be held, which includes presbyters. Cyprian Ep. 27, 1, Euseb. VI. 19, says that at Caesarea Origen was invited to preach by the bishops [i.e., the presbyters] ; vi. 23, that he received ordination from the bishops, i.e., the bishop and presbyters. Cornelius, Ibid. vi. 43, says that Novatus was raised to the presbyterate by the favour of the bishop placing his hands upon him and ordaining him to the order of bishops. Euseb. iii. 23 calls the bishop the presbyter. Thorn. Aquin. in 4 sect. Dist. 24, Qu. 2, art. 2 : Episcopatus non est ordo. Papilla Oculi, circa 1378 a.d. : The episcopate is not properly an order but a dignity or excellence in order, because it does not impress a character, and also because every order is ordained for the sacrament of the Eucharist. Hence Lynd. 117, 309 : Discordant opinions may be harmonised thus. It may be said the episcopate is not an order in the sense that in it a new character is bestowed, and thus the opinion of the theologians holds good. In so far, however, as episcopal power in regard to the [previously] forbidden sacraments depends on the power of order, it may be called an order, because order is a sacred sign whereby a spiritual power and authority is bestowed to do the things wliich belong to that order, and the opinion of the canonists holds good. By others presbyters are said to have the priesthood in measure, bishops to have it in fulness, so that the episcopate is an extension of the presby- terate. (38). Optatus adv. Donat. l. 35 : Why mention deacons placed in the third rank, why presbyters placed in the second priestly rank (in secundo sacerdotio institutos) ? The Anglo-Saxon preost is api^lied to both bishops, priests, and deacons. Lingard's Anglo-Saxon Church i. 147. 188 Short jMrnmals of Canon Law. discharge, constitute the ministerium, and in the fourth century were spoken of as being on the clergy roll (*■*). Holy and Hierakchical Oiidees. 8. There is this distinction between holy and hierarchical orders that holy orders are classes of men considered as having a distinct share in the priestly character and separate duties to perform in the solemn Eucharistic worship (^°), whereas hierarchical orders are classes of men considered as exercising authority over others and governing the Church. Besides the order of laymen, who, in so far as they are qualified to make offerings (*^), are a holy order, there are properly only two holy orders, those of deacons and presbyters (^"-). It is the deacon's duty to prepare and present the pure offering, the presbyter's duty to hallow it by presenting his own and the people's intercessions. Since the layman's function in the priesthood, that of making offerings, came generally to be discharged by subdeacons in conse- quence of the decline in the standard of Christian life, it has been usual to count the subdiaconate the third holy order (*^). (39). Concil. Chalcedon, a.d. 451, Can. 2, speaks of bishops, presbyters, or deacons, or any others of those that are reckoned on the roll (eV rw Kavbvi). (40). Clem. 1 Cor. c. 40 : Their own proper j)lace is prescribed to the priests, and their own special ministrations to the Levites. Although as Lightfoot II. 123 observes there is no direct reference here to the Christian ministry, the indirect reference is plain. Pseudo-Isidor. Ihid. in. Dist. 1. c. 41 and 42 ; Ayliffe 119, 121. (41). See Baptism, § 27. The Eucharist, § 4. (42). Clem. i. 42 : They appointed the firstfruits of their labours to be bishops and deacons. Cyprian de Laps. c. 6 : Among the presbyters there was no devotion, among the deacons .(ministri) no sound faith. Concil. Benev. a.d. 1091 ap. Gratian i. Dist. LX. c. 4, and Dist. xxxii. c. 11 : The orders which by authority of Christ and his Apostles are holy are the diaconate and the presbyterate. . . . We call the diaconate and the pres- byterate holy orders, because the primitive Church is said to have had these only. Teaching of Addaeus, p. 28, says that the Apostle Addaeus " appointed deacons and elders in the villages." (43). Concil. Antioch, a.d. 341, Can. 3, appears to include subdeacons in the priestly ranks, and by implication Epiphan. E.xpos. Fidei c. 21, Order and O^'dination. 189 Bishops are iucliuled with presbyters in one holy order, because they perform the same intercessory duties as presbyters in solemn worship (^^). Collets are included with deacons in one holy ministry, in so far as they are allowed to take the place of deacons in ministerial duties at the altar ('*^). 9. The presbyterate is an estate of Christians, perfect so far as human knowledge can ascertain if''), appointed to perform Concil. Laodic. a.d. 363, Can. 25, forbids the subdeacon to give tlie hallowed bread and to hallow the cup, and Can. 23 forbids him to wear a stole. Concil. Gerund, a.d. 583, Can. 1 ; Concil. Tolet. ii. a.d. 531, Can. 3, imply that the subdeacon then aspired to the position of a holy order. Pseudo-Clement ap. Gratian iii, Dist. ii. c. 23 : The sacramental signs of the Divane mysteries are intrusted to three orders, the presbyter, the deacon, the minister [i.e., the subdeacon]. Concil. Benev. a.d. 1091, 1. c. : Subdeacons we allow also to be a holy order, since they minister at the altar, provided they are men of approved religion. Innocent iii. in Decret. Lib. I. Tit. xrv. c. 9 : Now the subdiaconate is included among holy orders. (44). Isidore de Eccl. Off. ii. 7 : The dispensation of the mysteries of God is committed to presbyters equally with bishops. They preside over churches of Christ, and are associated with bishops in the consecra- tion (confectio) of His divine Body and Blood, in instructing the people, and in the office of preaching. Albinus Flaccus ap. Hittorp. p. 50, says that to presbyters equally with bishops have been committed the keys of the kingdom of heaven. Hugo de St. Victor ap. Maskell Mon. Rit. II. 246. (45). Joannes Ep. ad Senarium ap. Migne lix. p. 405 : Acolyti sacra- mentorum portanda vasa suscipiunt et ministrandi sacerdotibus ordinem gerunt. (46). Iren. iii. 3, 2 : [The Apostles] desired them to be eminently perfect and altogether without reproach whom they left behind to succeed them, handing on to them their own position of presidency. Tertullian Apol. c. 39 : The tried men of our elders preside over us, obtaining that honour not by purchase but by established character. Clem. Strom, vi. 13 : One who lives perfectly is not regarded as righteous because a presbyter, but enrolled in the presbyterate because he is righteous. In the ordination prayer, Deus Sanctificationum, the bishop prays " that they may by inviol- able charity grow to be perfect men, and continue to the day of Christ full of the Spirit." Gildas c. 66, in H. & S. i. 75 : None but holy and perfect men and followers of the Apostle can lawfully, and without tlie ofl'ence of sacrilege, undertake the higliest ecclesiastical degree. 190 Short MaJiuals of Canon Law. the highest part upon earth in the jDriestly work (^'') of present- ing man to God whilst revealing God to man (^^). For this purpose it is endowed with a spiritual gift obtained from God by the united prayers of the Church, and communicated sacra- mentally by the laying on of hands, and it is therefore properly called a holy order of priesthood. The diaconate is an estate instituted by the Apostles to relieve presbyters of the care of the temporal concerns of the Church, and is therefore an estate of ministry or service. Yet since the care of temporal concerns involves the preparation of the solemn offering and the conduct of the outward ceremonies of earthly worship, the deacon's service is connected with the altar, and the diaconate is in con- sequence also called a holy order, but a holy order of ministry. These two holy orders, those of priesthood and ministry, together constitute the clergy (*^), and so close is the connection between the two that neither a solemn offering can be made by a pres- byter without a deacon to prepare and present it, nor by a deacon without a presbyter to hallow it {^^'). Private consecra- (47). Justin, Trypho, c. 116 : God receives offerings from no one except through His priests. TertuUian, in reply to Marcion iv. 100 : For to Himself He by His Blood associated men, and willed them to be His Body's priests, Himself the Supreme Father's perfect Priest by right. M. adv. Marcion IV. 9 : Christ is the Father's universal priest ; iv. 35 : Christ is the veritable High Priest of God the Father. 1 Clem. c. 36 ; Origen de Prin. ii. 7, 4 ; Hieronym. ap. Gratian in. Dist. ii. c. 89 ; Leo, a.d. 451, Ibid. Cans. i. Qu. I. c. 68 : In the Church of God neither the priesthoods are valid nor the oblations true unless the true High Priest reconciles us in the proper character of His nature. Apost. Const, viii. 46 : The great High Priest, Christ, the only begotten, being made man for our sake, and offering the spiritual sacrifice to His God and Father before His suffering, gave it us alone in charge to do this. See § 3, note 17. (48). Iren. Haer. in. 18, 7 : It was incumbent on the Mediator between God and man to bring both to friendship and concord, and to present man to God while he revealed God to man. TertuUian, adv. Marcion ii. 27, speaks of the sacrament of man's salvation, God dealing on equal terms with man, that man might be able to deal on equal terms with God. (49). Suidas 2120 defines the clergy as to avaT-qixa. tQv BiaKovwv Kal ■irpe(X^vTepo3v. (50). Clem. Strom, vii. 1 : Of the service bestowed on men the aim of one is edification, the other is ministerial. Apost. Const, in. 10 : The 07'dcr and Ordination. 191 tions are, therefore, only possible without a deacon when and in so far as they form part of the solemn Eucharist. 10. Of hierarchical orders there are properly three, viz., the episcopate, the presbyterate, the diaconate. Since the twelfth century the Western Church has admitted the subdiaconate also to the rank of a hierarchical order, because it now ranks as a holy order (^i). Bishops have to do with the external government of the Church, both spiritual and temporal, and the relations of each part of the Church to all the other parts ; presbyters and deacons with the internal government of some particular and local part of the Church, presbyters having the charge of its spiritual, deacons of its temporal concerns. Apart from being applied to all Christians collectively in a general sense, the term priest is used in a particular sense to describe one who represents the w4iole priestly people before God. deacon is to ministei-. Ibid. viii. 46 : In Acts vi. 4 the Apostles claim prayer and teaching as their part of the sacerdotium, leaving it to the deacons to deal with the people's offerings. Hieronyni. in Ezek. xviii. : The deacon proclaims publicly in church the names of those who offer : A. has given so much, B. has promised so much. Apost. Const, ii. 26 : Let the deacon minister to the presbyter as Christ does to the Father. Epiph. Haer. 75, c. 5 : Without a deacon there cannot be a bishoiJ. Stat. Eccl. Ant. A.D. 505, Can. 37, ap. Gratian i. Dist. xciii. c. 17 : Let the deacons know that they are as much the ministers of the presbyter as of the bishop. Isidor. de Offic. ii. 84, following Pseudo-Hieronym, Ibid. c. 23 : Without the deacon the priest has neither the name, origin, nor [the execution of] the office ; the deacon is called God's minister, as it is written. Whether is greater he that ministers or he to whom he ministers ? and as the diaconate is included in the priesthood [Lsidor. : As consecration rests with the j)riest], so the dispensing of sacramental gifts rests with the deacon. ... So much has been given by the Lord to the diaconate that no priest alone may seem to perform and fulfil the whole service in the temple. Can. 16 Elfric, A.D. 957 : The priest that remains without a deacon has the name, not the attendance of a priest. Making the solemn oblation is generally spoken of as offerre, Trpoa(pipeii>. The deacon's presentation is called d.vacp4peLv, A private consecration is conficere. (51). Optat. Milev. Lib. ii. p. 59 : Whereas there are four kinds of heads in the Church — bishops, presbyters, deacons, the faithful — ye would not spare even one. Innocent iii. in Decret. Lib. i. Tit. xiv. c. 9 : Subdeacons we allow in case of necessity to be chosen bishops, because they wait at the altar. 192 SJiort Manuals of Canon Law. Before the seventh century it was confined to the bishop, or the presbyter, his depvity, who made the solemn offering (^-). Since the decline of solemn services and the establishment of dependent cures of souls in the twelfth century, it has been applied to all presbyters who, as incumbents of parishes, dis- charge priestly duties in quasi-solemn services (^3), and to their deputies, the parish priests, who act for them when they are themselves disqualified to act (^^). The extension of the term to ]3resbyters in general belongs to comparatively recent times. Lower or Non-Hierarchical Orders. 11. Lower (^'') or non-hierarchical orders are ranks of Chris- tian men set apart and blessed for some service in the Church, but neither permitted to have any share in its government nor to meddle directly with holy things and the service of the altar. Although of great antiquity, they cannot be said to be of Divine institution, and are only of apostolic origin in so far as they are included in and share the duties of (52). Cyprian Ep. 54, 5 uses the term God's priest (sacerdos) to describe the bishop. Concil. Agath. a.d. 506, ap. Gratian i. Dist. lsxxvi. c, 25 : No bishop may slay any one with his own hand, for this is altogether alien from a priest. Concil. Antioch, a.d. 341, Ihid. I. Dist. xcii. c. 5, there- fore orders a churchless bishop to retain the dignity of the priesthood. Pseudo-Isidor. Anaclet. 3, 28, a.d. 851 : Sacerdotum ordo bipartitvis est. The Saxon term preost is iised of both bishops, priests, and deacons. (53). Concil. Aquisgran. a.d. 806, Can. 8 : Paul says that presbyters are truly priests. Walafrid Strabo de Reb. Eccl. c. 22 : When a priest offers alone, those for whom he offers are co-operators in the same action, whom the priest also represents in certain answers. Hugo de St. Victor ap. Maskell, Mon. Rit. II. 245 : Those who in tlie Old Testament were called priests are now called presbyters, chief priests are now called bishops. (54). The parish priest, wlio is first mentioned by Concil. Westminster a.d. 1127, Can. 5, was a presbyter who assisted an incumbent but had no cure of souls himself, by doing all such acts as required order which the incumbent was unable to perform, either for lack of order, as if only a deacon, or from irregularity or otherwise. (55). Concil. Nic. a.d. 325, Can. 3, calls them "those on the roll" {ol h T(p Kavdvi). They are called " lesser clerks " in Const. 1 Reynolds, a.d. 1322. Order and Ordination. 193 the diacouate (•'^"') or of some other apostolic oliice ('"). There are two, if not thi-ee different aspects under which non-hier- archical orders may be regarded, viz., (1) as offices for bringing into the service of the Church temporal or spiritual gifts already inherent in their possessors ; (2) as probationary steps before advancement to the sacramental gift of order (^^) ; and (3) as degrees participating in the sacramental gift of order, but in an inferior measure. 12. As simple offices of hallowed service the number of lower orders is both indefinite and variable. The Roman Church in the third century counted four lower orders, besides the order of subdeacons, viz., acolytes or collets, exorcists, readers aud door-wardens (^^). With the exception, (56). Apo^^t. Const. VIII. 28 saj's that they are all ministers to the deacon. The Council of Trent, Sess. xxiil. Can. 2, refers tliem to the beginning of the Church. Devoti Lib. i. Tit. ii. § 29 ; Duchesne 330. (57). In the apostolic age there were two kinds of Church officers — (1) officers with universal duties, the Apostles themselves, apostolic men, the 70 disciples, and 120 Ijretliren who had known Christ in the flesh, and travelling apostolic delegates such as Timothy and Titus. These were variously called prophets, teachers and evangelists (Eph. iv. 11) ; and (2) officers with local duties, who administered and governed local Churches, presbyters or bishops, and deacons. On the dying out of the former class the universal duties of the Apostles and prophets appear to have passed to the chief-presbyters of the local ChiU'ches, who were then exclusively called l:)ishops, the teachers' duties to the presbyters, and the evangelists' duties to the deacons. Some of the minor duties of the universal officers were committed to minor local officers, such as the reading and interpretation of prophecy to readers, casting out devils to exorcists. The localising of the bishop's office was the work of the sub-apostolic age. (58). Apost. Const, viii. 23 : A confessor is not ordained, for he is so by choice and patience ; c. 26 : An exorcist is not ordained, for it is a trial of voluntary goodness. Const. 5 Peckham, a.d. 1279 : That so clerks, while they are advancing to the mysteries of Christ, may sing together the song of degrees, when having found apj^robation in lower offices they gradually proceed to higher. (59). Readers are mentioned Ijy TertuUian de Praescrip. 41. Cornelius A.D, 251, in Euseb. vi. 43 : [Novatus well knew that in the Roman Chiu-ch] there were 46 presbyters, 7 deacons, 7 sulideacons, 42 collets and exorcists, readers, and door- wardens in all 52, widows with the afflicted and needy more than 1500. Duchesne 331. 194 Short iMamials of Canon Law. perhaps, of door-wardens C'"), the Church of Carthage had the same number. The Church of Alexandria had a special order of catechists (^^), the Galilean an order of psalmists or singers {^-\ In some Churches confessors ranked as an order (^^) ; in others there was an order of interpreters (^*) ; in others, again, there was an order of labourers or grave-diggers {kotti- ciraL or laborantes) (^^) ; and in most Churches there were orders of virgins and widows (^'^), and of monks or ascetics (^^). 13. As probationary steps for the worthy reception of the presbyterate the Koman Church of the fourth century em- ployed three lower orders, those of subdeacons, collets, and exorcists (^^), and required all adults to go through these three before being admitted to the diaconate or presbyterate. Those who entered the clerical life as children had to begin in the fourth order as readers (^^). In the East there were, in a strict sense, never more than two recognised lower orders, those of subdeacons and readers ("^). Collets were there unknown, as (60). CyiDrian Ep. 16 mentions readers and exorcists ; Ep. 23 and 32, 2, readers and subdeacons. (61). Clem. Hom. Ep. ad Jac. c. 13 ; Apost. Const, vii. 39 ; viir. 32 ; Euseb. VI. 3. (62). See note 90, and Duties of Order, § 46. (63). Apost. Const, viii. 23 : A confessor is not ordained. (64). Epiplian. Expos. Fidel c. 21. (65). Ignatius ad Antioch. calls them Koiri^^v-es. Hieronym. de Septem Ordinibus, p. 100, calls tliem fossarii. Some have supposed tliem to be collets. Devoti Lib. i. Tit. ii. § 29. (66). Widows are mentioned by Cornelius in Euseb. vi. 43 ; and virgins in Apost. Const, viii. 24, 25. Other degrees by Pseudo-Ignat. Antioch. c. 12 ; Epiphanius Expos. Eidei c. 21 ; Concil. Antioch. a.d. 341, Can. 10. (67). Concil. Laodic. A.D. 363, Can. 24, enumerates readers, singers, exorcists, door-wardens, ascetics. Basil Epist. Can. ii. ad Amphiloch c. 19. (68). Duchesne, p. 336 : Martin of Tours commenced the clerical life as exorcist. At the Council of Aries, a.d. 314, of nine inferior clergy Avho came with their bishops seven were exorcists and two readers. (69). Duchesne, p. 334. They continued readers until old enough to exercise the higher degrees. Felix of Nola, Eusebius of Vercelli, the father of Pope Damasus, Popes Liberius and Siricius, all commenced as readers. (70). Concil. Chalcedon, a.d. 451, Can. 14, only mentions readers and singers. Order a iid Ordination . 195 also ill Ireland ("'). Exorcists were looked upon as persons invested with extraordinary supernatural powers not bestowed by ordination (''). In both East and West, before the sixth century, door- wardens were regarded as simple servants of the Church. In the Gallicau as in the Eastern Church, collets and exorcists appear originally not to have been regarded as orders, but in the sixth century not only collets and exorcists, but also psalmists or singers, were held to be an order C^^). 14. From being regarded as probationary steps before admis- sion to the sacramental gift of order, it was an easy transition to become regarded as participating steps in that gift. The transition took place in the ]\Iiddle Ages, and was favoured by the current notion that ordination was effected by a kind of feudal investiture. The number of lower orders was then limited to four by the Eoman Church, viz., those of door- wardens, readers, exorcists and collets, probably because these four, when united with the three hierarchical orders of sub- deacons, deacons and presbyters, make up the mystical number of seven; and it was conceived that at each step one of the seven- fold gifts of the Spirit was imparted ('*). The Gallican Church, however, admitted five lower orders, viz., those of door-wardens, singers, readers, exorcists and collets, probably because these five, when united with the four hierarchical orders of sub- deacons, deacons, presbyters and bishops, make up the number of nine, and correspond with the nine orders of the celestial hierarchy ("^). Modern writers sometimes distinguish door- (71). See note 29. (72). Apost. Const, viii. 26 : An exorcist is not ordained. Duchesne 331. (73). Stat. Eccl. Ant. a.d. 505, ap. Gratian i. Dist. xxiii. (74). Const. 5 Peckham, a.d. 1279 : The clerical army is fortified with seven orders, by every one of which a character is impressed on the soul, and an increase of grace is received. . . . Let such as receive them be publicly instructed in the vulgar tongue concerning the distinction of orders, offices, and characters, and of the increase of grace in every order to such as are found worthy receivers. Lomb. Sent. Lib. iv. Dist. 24 ; Hugo de St. Victor Lib. ii. Pars 3, c. 5 ; Const. 1 Reynolds, a.d. 1322. (75). Isidor. Hispal. Etymolog. vii. 12 : Generally all are styled clerics who serve in the Church of Christ, whose degrees and names are these — 196 SJiort Manuals of Canon Law. wardens, readers and exorcists as the three orders of the uncleansed, because it is their function to deal with those without — the door-warden's to teach those without their duties, the reader's to instruct catechumens, the exorcist's to prepare energumens. Collets, subdeacons, and deacons are then dis- tinguished as the three orders of service, and the presbyterate as the order of priesthood. Ordination and its Essentials. 15. Although certain functions of order are, by virtue of the royal priesthood inherent in the whole body of Christians, allowed to be exercised by any authorised layman, such as reading C^^), and others may in cases of necessity be exercised by any one, such as baptizing C^), yet under ordinary circum- stances no one is permitted to discharge any of the higher or representative functions of order within the Church without being regularly called and ordained thereto C'^). Without door-warden, singer, reader, exorcist, collet, subdeacon, deacon, presbyter Inshop. The order of bisliops is fourfold, consisting in patriarchs, arch- bishops, metropolitans, and bishops. (76). Cyprian Ep. 18 (Oxf. 24) speaks of one who "discharged the pres- byter's functions " (presbyterium subministrabat). Ep. 23 (Oxf. 29) speaks of one " whom we had made next to the clergy in having intrusted to him once and again the reading." Euseb. vi. 19 relates that in 218 a.d. Origen was requested by the bishops [i.e., the episcopal presbyters] of Caesarea to expound the Scriptures publicly in Church, although he had not yet obtained the priesthood by the imposition of hands. Apost. Const, viii. 32, 15 : Let the preacher, even should he be a layman, be skilled in the word. Monks were also allowed to preach until a decision in the year 1580 forbad them unless ordained, (77). Tertullian de Bapt. c. 17. See Baptism, § 12. (78). Socrates i. 27 relates that in 325 a.d. Ischyras had been guilty of an act deserving many deaths, for although he had never been admitted to holy orders, he had the audacity to assume the title of j^resbyter, and to exercise the sacred functions. So Petilian says to Augustin ap. Gratian Caus. I. Qu. I. c. 87 : If any one learns the priest's chants (carmina) by heart, is he therefore a priest because with sacrilegious lips he publicly uses the priest's chant (carmen publicat). Const. 5 Thorsby, a.d. 1363, enumerates as one of the greater crimes : Where one ministers as a clerk without being ordained. Order and Ordination. 197 ordiuatiou some acts are iu themselves invalid and nullities ; others, whatever may be their value to those who use them in faith, are not sacramentally effective, because they do not carry with them the effect promised by Christ's institution to the united prayers of the Church Q^). Others again are only so far invalid as to be irregular, and may be validated by a subsequent recognition on the part of the Church. It becomes then of importance to determine (1) what are the essentials for ordina- tion, and (2) what things are necessary to give it validity and regularity, 16. As the term order, when spoken of the spiritual power which is bestowed on the ordained for his office, is used to express three entirely different things, so ordination or the means of conveying that spiritual power is used in three entirely different senses. (1) It is used to express the bestowal of a spiritual gift and the impressing of a sacramental character by the use of the proper matter and form, as when a person is said to be ordained presbyter or deacon. This is called by Gallican writers the benediction of order (^^). (2) It is used to express the elevation to a dignity or position of rule over clergy of one who already possesses this spiritual gift, whereby it is hallowed and extended for the general government of the Church, as when one who is already a presbyter or deacon is ordained or advanced to the episcopate. This is usually called consecration (^^). (3) It is used to express the authorised em- ployment or recognition by the Church of a spiritual or natural gift, as when one who can exorcise or read is ordained to the (79). Christ's promise was made to the disciijles, not individually, but to the agreement or united prayer of two or three. Math, xviii. 16, 19, 20 ; Mark vi. 7 ; xi. 1 ; xvi. 12 ; Cyprian de Unit. Eccl. c. 12 ; De Orat. Dom. c. 8 ; Cap. 3 Theodulf, a.d. 994. See Baptism, § 27. (80). Gallican rite ap. Duchesne 357 : Sit nobis communis oratio, ut hie qui in adjutorium et utilitatem vestrae salutis eligitur, presbyteratCis benedictionem divini indulgentia muneris consequatur. Gildas, § 67, in H. & S. I. 76, speaks of those who "for a blessing give a cursing" by ordaining unfit persons. (81). Tlie term consecration is used in the Roman rite of all the higher orders, and also of the ordination of collets. Lacy's Pontifical, 83. 198 SJiort Afanuals of Canon Laiv. office of exorcist or reader. This is termed admission to minor orders, and sometimes institution (^■-). 17. In accordance with this difference of meaning there is a difference of practice as to the matter and form used in or- daining to the different degrees. In some cases a variety of outward signs are employed, and it is not always easy to deter- mine which are essential, which are integral, and which are only accessory ; in other cases a single sign only. The signs used as the matter comprise (1) the simple laying on of hands ; (2) in some parts of the Church the more solemn form of it, anointing with oil or with chrism ; and (3) in others again the remote and feudal form of giving it by the porredio instrumentorum, or delivery of the instruments of office, includ- ing such symbolical acts as holding the Gospel -book over the head of the person to be ordained, or delivering it into his hand. The forms used are (1) for the lower degrees the use of words authorising the exercise of the office, together with a bene- diction ; and for the higher degrees in addition (2) a litany, or general supplication of clergy and people that the Spirit may be poured forth on those about to be ordained, summed up and presented to God in the collect or consummation-prayer ; and (3) a canon of benediction, combining with the prayers of the local Church the prayers of the Church of other places (^^). 18. In regard to non-hierarchical orders, including the sub- diaconate, the practice of the early Eoman Church was to give admission to them without any solemn ceremony. Door- wardens, readers and exorcists were simply authorised by word of mouth to exercise their office. Even collets and subdeacons had only the symbols of office given to them with a short prayer at any private Eucharist (^^), and the ordination took jolace after the communion (^^). The collet's symbol was the linen sack (82). Lacy's Pont. p. 79 : Dicat ej^iscopus instituendo ostiarium. (83). Lacy's Pont. 85. The canon begins : Vere dignum et justum est aequum et salutare. (84). Duchesne 339 : By the intercession of the blessed, glorious, and ever Virgin Mary, and the blessed St. Peter, may the Lord save, guard, and protect thee. (85). Menard, p. 271 ; Maskell Mon. Kit. ii. 169. Older and Ordination. 199 in wliich the offeriugs of the people were collected ; the sub- deacou's, the empty chalice (®^). If, as is held by many, the chalice availed for this purpose by reason of its being consecrated, the gift of it into the hand would appear to be a reinote way of giving the laying on of hands. In the Greek Church both readers and subdeacons were and are ordained by a direct laying on of hands outside the sanctuary (^"), and afterwards have delivered to them the symbols of office (*^^). Exorcists are not ordained at all, but are required to have the bishop's sanction to use their gift {^'^). 19. In the Gallican Church the remote mode of giving the lay- ing on of hands by the delivery of the instruments of office from the altar was employed as a kind of feudal investiture for all orders above the singer's (^°), and was the only sign used for the lower degrees (^^). To the door-warden were given the keys of the Church with an injunction to use the office mindful of the account he would one day have to give (^-) ; to the reader, the book (86). John the Deacon, a.d. 496, ap. Migne Lix. 605 : With us it is the rule tliat as soon as the most holy chalice has been received he is called subdeacon. (87). Apost. Const, viii. 22 names the reader ; viii. 21, the subdeacon ; Syn. VII. A.D. 787, ap. Gratian i. Dist. lxix. c. 1 ; Perrone Praelect. § 93. (88). Morinus Exercit. xi. c. 7 ; Liebermann vi. 858 : Among the Latins the instruments are given at the beginning of the rite, and are signs of the power which is being granted ; among the Greeks they are given afterwards, and are signs of the power which has been granted. (89). Apost. Const, viii. 26 : An exorcist is not ordained, for it is a trial of voluntary goodness. But Coucil. Laodic. a.d. 363, Can. 26 ap. Gratian I. Dist. LXIX. c. 2 requires exorcists to be authorised by the bishop. (90). Stat. Eccl. Ant. a.d. 505, Can. 10 ap. Gratian i. Dist. xxiii. c. 20 : The psalmist, i.e., the singer, can undertake the office of singing by the simple direction of the presbyter without the order of the bishop, the presbyter saying to him. Take heed that what thou singest with thy lips thou believest in thy heart, and what thou believest in . thy heart thou showest forth by works. Concil. Martini, a.d. 572, Ihid. i. Dist. xcii. c. 3. (91). Duchesne 350. (92;. Stat. Eccl. Ant. a.d. 505, Can. 9 ap. Gratian i. Dist. xxiii. c. 19 : "When the doorkeeper is ordained, after having been instructed l)y the archdeacon how to conduct himself in the house of God, let the Inshop, at the suggestion of the archdeacon, deliver to him from the altar tlie keys of 200 Short Mamials of Canon Laiv. of lessons (''=^) ; to the exorcist, the book of exorcisms ('^^) ; to the collet, the cruets, the candlestick and a candle i^-') ; to the subdeacon the paten and chalice by the bishop, and a pitcher, a napkin and a towel by the archdeacon ('*5). The mediaeval Church followed in general the Gallican use (^") in admitting to minor orders ; but in the case of subdeacons, after the benedic- tion had been pronounced over all together, the bishop delivered to each one separately a maniple or napkin, and gave to the epistoler-subdeacon only a tunic (^^). Similarly in the case of the Church, saying. So act as one who will render to God an account of the things which are unlocked by these keys. Egbert's Pontifical, a.d. 800, p. 11 (Surtees Society), and Leofric's Missal, p. 211, a.d. 1050, say the same. Lacy's Pontifical, a.d. 1450, p. 79, adds a prayer to that office. (93). Stat. Eccl. Ant. Can. 8, Ihid. c. 18 : When a reader is ordained, let the bishop address the people, pointing oiit his faith and life and qualifi- cation. Then in the sight of the people let him deliver to him the book from which he will read, saying, Eeceive and be a reader of God's word, and if thou faithfully discharge thy office thou shalt have part with them that minister the word of God. Egbert's Pont. p. 22 ; Leofric Missal, p. 212 ; Lacy's Pontifical, a.d. 1450, p. 80. (94). Stat. Eccl. Ant. Can, 7, Ibid. c. 17 : When an exorcist is ordained let him receive from the bishop's hand the book in which are contained the exorcisms, the bishop saying. Take and commit these exorcisms to memory, and receive power to lay hands on energumens, the baptized, and catechumens. Egbert's Pontif. j). 14 ; Leofric's Missal, p. 212. (95). Ihid. c. 16 : When a collet is ordained let the bishop instruct him in the duties of his office ; but let him receive the candlestick and candle from the archdeacon, that he may know that his duty is to light the lights of the Church, and an empty cruet to remind him of wine for the Eucharist of the blood of Christ. Egbert's Pont. p. 13 ; Leofric Missal, 212 ; Lacy's Pontifical, p. 82. (96). Stat. Eccl. Ant. Ihid. c. 15 ; "When a subdeacon is ordained, because he does not receive the imposition of hands let him receive an emj^ty paten and an empty chalice from the bishop's hand, and from the arch- deacon's hand a pitcher with water, a napkin and a toweL Egbert's Pontif. p. 14 ; Leofric Missal, p. 213 ; Lacy's Pontifical, p. 83, says that (1) the bishop hands him an empty chalice and paten to touch, (2) the arch- deacon hands him a bowl, a napkin, and water, then after the ordination prayer the bishop (3) hands to each one singly a maniple, and the tunic to the one who is to read the epistle. (97). Lynd. 309 ; Perrone Praelect. 93 ; Craisson, § 1709. (98). Lacy, p. 83. Order and Ordination 201 collets, after handing to each one, as in the Gallican rite, the empty cruet, the candle and candlestick, he invited the people to prayer, and then in three short collects gave a thrice-repeated simultaneous blessing to all (^'^). 20. In bestowing the three higher orders the practice of the early Eoman Church was equally simple ; but because of their hierarchical character the ordination always took place with the gi'eatest publicity at a solemn station (^°*')-with the participation of all the clergy and people. The Litany having been first said, before the Gospel was read the bishop laid both his hands on the head of each of the candidates for the diaconate succes- sively, and pronounced over them collectively a collect (oratio) summing up the people's prayers on their behalf, and afterwards a canon of benediction (consecratio) Q-^^^. The solemnity was the same at the ordination of a presbyter or a bishop, but different collects and canons of benediction were used (^^-). At the consecration of a bishop the Bishop of Rome acted as the sole consecrator, and the like prerogative was probably enjoyed by the Bishop of Alexandria (i^^). In the case of the (99). Lacy, p. 82. (100). Acts XIII. 2 : Wliilst tliey were celebrating the Eucharist (XeiToi-p. 7oiWa;y o-vtCiv) . . . they laid their hands on tliem and sent them away. Apost. Const. VIII. ; Duchesne 340. The missa pro ordinatione presbyteri sive diaconi in Leofric's Missal, p. 214 ; Hieronym. ap. Gratian Cans. viii. Qu. 1. c. 15, quoted below, note 144. Benedict xiv. Op. ix. p. 248 : The ordinands are ranged around the altar kneeling, and the bishop, as though he would teach them, slowly and deliberately pronounces the canon in a raised voice, not so that the people can hear but that the newly instituted priests can say it with him, and pronounce the words of consecration at one and the same time with the bishop. (101). Duchesne 342. (102). Ibid. 344, 346. In Euseb. vi. 43, Cornelius, a.d. 251, says that Xovatus, by the favour of the bishop laying his hands upon him, had been ordained to the order of presbyters. (103). Breviarium Ferrandi, c. 6, in sixth century : Let not a single bishop ordain a bishop excepting the Roman Church. The Canon is from the Roman Council of 386 a.d., the words of exception being added by Ferrandus in view of the custom of the Roman Church. Duchesne, p. 364. Concil. Nic. a.d. 325, Can. 6, preserves to the Bishop of Alexandria his privileges. 202 Short Manuals of Canon Law. Pope himself, however, the consecration did not take place before the Gospel, but before the initial hymn i^^'^). Three bishops, those of Ostia, Porto, and Albano, first said together the collect after the litany, whilst they held their hands upon the Pope-elect's head Q-^'"). Then the Bishop of Ostia alone recited the canon of benediction, whilst two deacons held the open Gospel above his neck. The Eastern Church, like the early Koman, ordained both bishojas, presbyters and deacons by the laying on of hands (^*^^) and making over them the sign of the cross (^°^), accompanied by the recitation first of a collect and then, after a litany, of a benediction. 21. In the Gallican Church the ritual for confening hier- archical orders was far more elaborate. It included (1) the litany, the laying on of hands by the bishop and presbyters on deacons, as well as on presbyters (^'^^), and the bishop's recital (104). Innocent in. in Decret. Lib. i. Tit. vi. c. 28, a.d. 1202, says all ordinations take jjlace between the epistle and gos^Del, except that of the Eoman pontiff, who is consecrated before the Gloria in Excelsis or initial hymn. See below, § 32. (105). Duchesne 349. (106). Euseb. vi. 19 relates that Origen had not yet obtained the presby- terate by the laying on of hands. Apost. Const, viii. 16 : When thou ordainest a presbyter, O bishop, lay thy hand upon his head in the presence of the presbyters. The Euchologion says : The high priest having his hand laid upon the candidate's head, says, The Divine grace . . . promotes the most pious deacon to the office of presbyter, wherefore let us pray for him. . . . Then after Lord have mercy, &c., follows \the Collect]. After the prayer the chief presbyter ntters the following prayers usually said by the deacon. . . . [A short litany.'] . . . And the high priest holding his hand still imposed upon him prays as follows, again to himself. . . . [Here follows the benediction.] . . . He then jaasses the stole round his [the ordinand's] neck, and vests him in a chasuble. Apost. Const, viii. 4, 17 ; Liebermann vi. 861 ; Craisson, § 3967, discusses the question whether a Latin presbyter can be validly ordained by the Greek rite. (107). Chrysost. Hom. 55 in Math. : The sign of the cross is made when we are appointed for ordination. Augustin. Serm. de Sanctis : Presbyters and Levites are promoted to sacred orders by the sign of the cross. Dionys. de Eccl. Hier. 5, 2, a.d. 500. Upon each of them the cruciform seal of the ordaining hierarch is impressed. (108). Gelasian Sacramentary 144 ; Maskell's Mon. Eit. ii. 205. Order and Ordination. '203 of the collect (consummatio) and benediction-canon (benedictio) — all probably derived from the Roman Church ; (2) the bishop's recital of the dedication-collect (consecratio) (^°^), and the anointing the hands of the deacon, aud the hands and head of the presbyter aud bishop (^^'^), witli a mixture of oil and chrism and the sign of the cross — which a])pears to represent the ancient Gallican mode of giving the solemn laying on of hands (^^^). To these were added after the seventh century (3) the de- livery of the symbols of office (^^-). To the deacon were given the alb aud stole Q^% to the presbyter the stole and (109). Hid. 2G (622) ; Missale Francorum, Lacv's Pontifical, p. 89. (110). Haddaii and Stubbs, i. 141, supiwse that this practice was derived by the Saxons from the old British Church. Gildas, c. 106, a.d. 570, in H. & S. I. p. 102, speaks of the benediction wherein the hands of priests (sacerdotes) and deacons are initiated [by anointing]. Leo Serm. viii. de Pass. Domini ; Gregory in Reg. x. and Cap. 1 Theodulf, a.d. 787, men- tion it. Egbert's Pontifical, p. 35, a.d. 1000, directs the hands and head of the presbyter to be anointed with chrism, and the hands only of the deacon. So also Leofric Missal, p. 213 ; yet Nicolas, a.d. 864, ap. Gratian i. Dist. XXIII. c. 12, says that anointing was not then used at Rome. Innocent in. in Decret. Lib. i. Tit. xv. nevertheless requires it to be given, but says that it was not the use in Spain then, nor is it mentioned by Isidor. de Offic. rv. 5, in his description of the ceremonial of ordination. Duchesne 335, 361, states that the vmction of the hands only is mentioned in the ancient Merovingian rite. The unction of the head also was the practice in the time of Louis the Pious. See Amalarius de Eccl. Offic. ii. 14 ; Maskell Mon. Rit. II. 223. (111). Concil. Tolet. vii. a.d. 653, Can. 7 : Sacred chrism when once bestowed and the honour of the altar cannot be taken away. Stat. Eccl. Ant. a.d. 505, ap. Gratian i. Dist. xxiii. c. 7, mentions only pouring the benediction, because ordination was given by pouring oil and chrism. (112). Concil. Tolet. iv. a.d. 633, ap. Gratian Cans. xi. Qu. iii. c. 65, quoted note 113. Egbert's Pontifical 32 ; Leofric Missal 215 ; Lingard's Anglo-Saxon Church ii. 26. (113). Concil. Tolet. iv. a.d. 611, ap. Gratian Cans. xi. Qu. iii. c. 65 : A bi.shop, priest, or deacon unjustly deposed from his degree, if he should be found innocent in a second synod, cannot be the same as he was before, unless he receive back his lost degree from the hand of the bishop before the altar ; if he was a bishop the stole, ring and staff ; if a priest, the stole and chasuble ; if a deacon, the stole and alb ; if a subdeacon, the paten and chalice. Concil. Brae. a.d. 563, Can. 9, forbids a deacon to wear the stole 204 Short iMajmals of Canon Lazv. planet (^^^). to the bishop the ring and staff i}'^^). The open Gospel was, in addition, held by two bishops above the neck of a bishop at his consecration (}^^), as in the Eastern rite, and as is still the use in the consecration of the Bishop of Rome. 22. The Western Church in the Middle Ages followed the same composite ritual, but added thereto the formal delivery of the instruments of office which, in accordance with the feudal spirit of the times, soon came to be regarded as the essential matter. In ordaining to the diaconate the book of the Gospels was delivered to the candidate. This appears to have been origin- ally a British custom, adopted in France, and introduced at Rome about the year 1000 A.D. (^^^). In ordaining to the presbyterate a third laying on of hands was introduced in the thirteenth century after the communion, accompanied by words author- ising the new presbyter to act as an ordinary penitentiary i}^^). In ordaining to the episcopate the custom of delivering the book of the Gospels to the bishop-elect at the end of the service was added to or substituted for that of holding it over his head at the beginning Q'^^), and in some rites as early as the thirteenth century, but in the Roman not until the fifteenth, the words, " Receive the Holy Ghost," were addressed to the hidden under the tunic, so as not to differ from a svibdeacon, but to wear it across the shoulder. Concil. Tolet. iv. A.D. 633, Can. 40 : The deacon oi;ght to wear one stole only over his left shoulder, and have his right side free, that he may be able to wait ujDon the sacerdotal ministry. (114). ConciL Tolet. iv. 1. c. (115). Id. Ibid. Isidor. de Orig. OfSc. ii. 5, 12 : The staff is given to show that he rules, corrects and restrains the infirmities of the people committed to his care. Innocent in. in Decret. Lib. i. Tit. xv. says that the Eoman bishop has no staff. (116). Stat. Eccl. Ant. Can. 2, ap. Gratian i. Dist. xxiii. c. 7 : When a bishop is ordained let two bishops place the book of the Gospel on his head, and hold it over his head, whilst a third pours the benediction [the oil and chrism] over him, and let all the other bishops who are present lay their hands on him. Egbert's Pont. 32 ; Leofric Missal 215 ; Duchesne 361. According to Apost. Const, viii. 4, the practice in the East was similar. (117). Maskell Mon. Kit. ii. 233, followed by Warren, Celtic Church. (118). Maskell Mon. Kit. ii. 233. (119). Liebermann 1. c. Lacy's Pontifical. Order and Ordination. 205 bishop-elect by each of the assistiug bishops at the initial laying on of hands (}'-^). 23. The manner of consecrating a bishop in this country, as prescribed for the diocese of Exeter in the fifteenth century, was as follows : Before the Eucharistic service began, the elect was interrogated and made his profession. The conse- crator then invited the people to prayer, and the litany was said. At its close the consecrator laid both his hands upon the head of the elect, saying, " Receive the Holy Ghost." All the other bishops present did the same. Then the hymn, " Come, Holy Ghost " (^-^) was sung, after which the consecrator, holding his hands closed before his breast, and not extended as in the Roman rite, pronounced over the elect the collect and canon of benediction. The new bishop's head was then anointed with a mixture of oil and chrism, or with chrism only if the Roman use was observed, whilst the prayer of unction was said (^~). The dedication-collect followed, after which the new bishop's hand and thumb were anointed, or, as it was said, were confirmed. The pastoral staff, the ring, and the mitre, were successively blessed and presented to him, and finally the book of the Gospels (i-^), 24. At the ordination of a presbyter the litany was first said ; then the bishop laid his right hand alone upon each (120). Gregory xii. is said to have iirst used these words in consecrating Archbishop Chichele in 1408 at Siena. See Button's Anglican Ministry, 324 ; Lacy's Pontifical, a.d. 1450, p. 95. (121). Maskell Mon. Kit. ii. 223 says that it was introduced late in the eleventh century, and is first met with in a Pontifical of Soissons. (122). Innocent iii. in Decret. Lib. I. Tit. xv. says that the head is anointed because of authority, and the hands because of office and ministry. Gregory ix. Ihid.. Tit. xvi. c. 3. The prayer of anointing for a bishop began : May these hands be anointed [for a presbyter tlie word consecrated was used] with holy oil and the chrism of sanctification, as Samuel anointed David to king and prophet, &c. (123). Lacy's Pont., p. 99, states that it was the Roman custom, from the time of Pope Melchiades, for the newly consecrated bishop to offer two large loaves, two amphorae of wine, and two wax candles, but that *' the English Church does not observe the oblations." 20G Short Manuals of Canon Lazv. of the candidates' heads in turn (^^•*), the assisting presbyters meanwhile holding their hands extended over the heads of all (^^^) ; or, if following the Roman custom, he laid both his hands in silence upon the heads of each of the candidates in turn, the presbyters following him and doing the same. This was called the first laying on of hands. Next the bishop invited the people to join in prayer with the rest of the Church on behalf of those about to be ordained, and, returning to his seat, held his hands extended over all the candidates, the presbyters about him continuing to do the same, whilst he alone recited the collect and benediction-canon once and for all (^2^). This was called the second laying on of hands, but was really a continuation of the first. The stole was then passed round the neck of each of the ordinands (i-'^), and they were vested in chasubles. The dedication-collect followed (^-^). Then the hymn, "Come, Holy Ghost," was sung, and the hands of the ordinands were severally anointed with a mixture of oil and chrism with the sign of the cross (^2^), whilst the prayer of anointing was being said. In the older English rite the head also was anointed, and the chasuble was not (124). Lacy's Pont., p. 87 : In the Roman rite tlie bislioj) lays both liis hands upon the head of each. (125). Lacy's Pont., p. 87 : All his attendants, who are presbyters, hold their hands above the heads of those to be ordained. (126). Stat. Eccl. Ant. Can. 3, ap. Gratian i. Dist. xxiii. c. 8 : When a presbyter is ordained, whilst the bishop blesses him and holds his hand on his head, let all the other presbyters who are present lay their hands on his head beside the hand of the bishop. Duchesne 357. (127). Leofric's Missal 215 gives the benedictio ad stolas vel planetas, but makes no mention of the stole (orarium). Lacy's Ponti ileal, p. 89. (128). Lacy's Pontifical calls it consecratio, and has the Roman prayer : Deus sanctificationum omnium auctor. (129). The prayer at the anointing of the hands in Egbert's Pontifical, p. 24 ; Leofric Missal 215 ; and Lacy's Pontifical, p. 90 : May these hands be consecrated and hallowed by this anointing and our benediction, that whatsoever they shall bless may be blessed, and whatsoever they shall hallow may be hallowed. According to Lacy's Pontifical the anointing was made with holy oil mixed with chrism. Devoti Lib. i. Tit. iv. § 5 says that the present Roman practice is to anoint the presbyter's hands with the catechumens' oil. Lingard, Anglo-Saxon Church 11. 23. Order and 0)-dination. 207 put on until this anointing was completed (^^^). Afterwards, the bishop, closing the hands of each new presbyter, deli- vered to him a chalice containing water and wine, and a paten containing bread, and instructed him to offer for the living and the dead (^^^). At the communion which followed, the newly ordained were communicated before all others, and immediately after the communion the bishop alone, laying his right hand for the third time upon the head of each one, said to him separately : " Receive the Holy Ghost. Whose sins thou dost remit they are remitted, and whose sins thou dost retain they are retained. Brother, pray for me " (^•^-). 25. In ordinations to the diaconate a collect and canon of benediction were used, as in ordaining to the episcopate and presbyterate, but the litany was not invariably said (^^^), and the bishop gave to each one a stole and the book of the Gospels (^3*). The dedication-collect followed, but there was no anointing, either with oil or chrism, as had in former days been the English use. Only a dalmatic was given to the Gospel-deacon Q'^''). 26. Considerable difference of opinion prevails as to which (130). Maskell Mon. Eit. ii. 221 and 223. (131). Innocent in. in Decret. Lib. i. Tit. vi. § 28. (132). Liebermann vi. 860 ; Lacy's Pontifical, p. 91. This third imposi- tion of hands is absent in the Winchester and all earlier Pontificals. In the modern Greek Church the power to act as a confessor is bestowed at a separate occasional office (dAroXoi-^ta), called an oftice "for appointing a spiritual person." (133). Lacy's Pontifical, p. 84 : It is the practice of some prelates to call at once those to be ordained deacons and presbyters, and wlien they have been introduced the bishop prostrates himself before the altar, whilst the litany is said by the choir. But some say the litany only in the ordination of presbyters. Maskell Mon. Rit. ii. 202. (134). Liebermann vi. 859 ; Lacy's Pont., p. 86 ; Maskell Mon. Rit. ii. 210 states that this practice dates from the eleventh century in the Roman Church. It was originally an English custom, and is not found in any non-English Pontifical before the tenth century. (135). Maskell Mon. Rit. ii. 212 states that the practice of giving the tunic to the subdeacon and the dalmatic to the deacon was adopted first in the case of monks in the twelfth century, and in the English Church in the thirteenth. 208 Short Ma7mals of Canon Law. of these outward acts constitutes the essential matter in ordina- tion, but the point is only of importance in regard to holy orders. (1) It was held by the older Schoolmen, at a time when great importance was attached to feudal investiture, that the delivery of the instruments of office was the only essential matter, as being the operative mode of giving the imposition of hands (^^^). (2) More recently this view has been denied, and it is contended that the laying on of hands cannot be given remotely by the delivery of the instruments of office (i^''). (3) Some, nevertheless, maintain that wherever the custom pre- vails, the delivery of the instruments of office is so necessary to complete the imposition of hands that without it the validity of the whole act is doubtful (i^^). 27. In support of the first view it is urged that since Christ Himself ordained the Apostles by inbreathing (i^'^), whereas the Apostles ordained others by the laying on of hands (^^^), it is clear that the matter in ordination must have been left un- determined by Christ, that as a matter of fact it has varied from time to time, and that, at least in the Western Church, the use of the last thousand years has constituted the delivery (136). Eugenii Decretum, a.d. 1439, ap. Harduin ix. 440, and Devoti Lib. II. Tit. II. § 98 : The matter of order is that by the delivery of which order is conferred, as the presbyterate by the delivery of the cup with wine, and the paten with bread. Lynd. 309 : Neither the benediction, the imposition of hands, nor other matter, all of which are preparatory, constitute ordination, but the character is impressed by the delivery of the ministerial symbols. Some modern Jesuits still hold that the bene- diction, laying on of hands and anointing are the preparation, the delivery of the instruments of office being the bestowal of the power of order. (137). Perrone Praelect. § 95; Craisson, § 1709; Le Brun iii. 264; Gasparri Tract, de Ordinat. n. 1079 : We conceive the matter of the whole sacerdotal ordination to be the imposition of the bishop's hands, either the first or the second one, which is a continuation of the first. (138). Hutton's Anglican Ministry, 245. On the contrary, see Duchesne in Guardian, Aug. 22, 1894, p. 1296. (139). John XX. 23. Iren. Frag. 21 : He does not give as Christ gave ])y inbreathing, because he is not the source of the Spirit. (140). Acts VI. 6 ; xiii. 3 ; 1 Tim. iv. 14 ; 2 Tim. i. 6. Order and Ordination. 209 of the instruments of office the received mode of giving the laying on of hands (^^^). In support of the second view an appeal is made to antiquity (^^■-), and the continuous practice of the Eastern Church (^"). It is shown (1) that the delivery of ring and staff to the bishop, and of the Gospel-book to the deacon, are mediaeval usages, confined exclusively to the West ; (2) that the delivery of the paten with bread and the chalice with wine to the presbyter to consecrate are parts of the ceremonial of every solemn Eucharist, and presuppose that those to whom the delivery is made are already ordained ; and (3) that vesting the presbyter in planet and stole, the deacon is alb and stole, and holding the book of the Gospels above the bishop's head, cannot constitute ordination, since (141). F. Hallev ap. Morinus Pars. ii. : Of order, penance and matrimony Christ instituted the matter generally, leaving to the Church to determine it particularly. (142). Morinus de Sacr. Ord. iii. Exei-. i. c. 1, Menardus and Martene have conclusively shown that the delivery of instruments was unknown before the 9th century. The order for restoring one degraded in Maskell Mon. Kit. II. 335 runs : You shall not reordain one deposed, but you shall restore him to his degree by giving him the instruments and vestments pertaining to his degree. (143). Clem. Hom. in. 72 : Peter placed his hand upon Zacchaeus, saying. Cornelius ad Cyprian, a.d, 251, Ep. 45, 1 : They suffered hands to be imposed upon him as if upon a bishop. Concil. Antioch, a.d. 341, Can. 17, ap. Gratian i. Dist. xcii. c. 7 : A bishop is ordained by the im- position of hands. Chrysost. Hom. xiv. 3 in Acts vi. 6 : This is the lapng on of hands {x^ipoTovia.) : the hand of the man is laid upon the other, but all the working is of God, and His hand it is which touches the head of him who is ordained, if he be ordained aright. Basil Ep. 188, quoted note 20. Hieronym. in Isai. Lviii. 10 : The ordination of clergy is completed (impletur), not only at the praying of the voice (ad impreca- tionem vocis), but also at the laying on of hands. Isidor de Grig. Oflfic. II. 5, 9 ; Baeda de Remed. i. 281 : Let the priest provide his furniture before the hand of the bishoji touches his head. Gregory ap. Gratian Cans. I. Qu. ii. c. 4, and Decret. Lil). v. Tit. in. c. 1 speaks of the bishop selHng the hand which ordains (quam imponit). Decret. Lib. i. Tit. xvi. c. 3 : The priest and the deacon when they are ordained receive the imposition of hands by corporal touch, by a rite introduced by the Apostles. Morinus in. 7, c. 1 : Gousset Th^ologie Dogmatique ii. 425 ; Liguori vi. 749 ; Liebermann Inst. Theol. vi. 856. P 210 Short Manuals of Canon Law. these acts were formerly performed by a deacon (i*^), but are merely an assignment to the ordained of his position in the Church (1-*^). If then to bestow the sacramental gift the laying on of hands either directly or indirectly is held to be the essential matter, it is generally allowed that the second laying on of hands at which the benediction is given (i*^), (which is morally a continuation of the first laying on of hands), or in the Galilean rite the anointing with oil and chrism in the form of a cross, which in that rite is the most solemn form of giving the laying on of hands (i*^), is the effectual matter. The third laying on of hands is a com- paratively recent addition, its object being not to ordain, but to give to one already ordained authority to act as a penitentiary. 28. The essential form in ordination is also a matter of dispute. It was held by the older Schoolmen to consist in the words which accompanied the delivery of the instruments of office ; by others in the words, Receive the Holy Ghost, addressed to the bishop at the first imposition of hands, and to the presbyter at the third ; by others in both forms of words ; by others again in the prayer, Deu8 honorum omnium (}^^). By the words accompanying the delivery of the paten and chalice (144). Roman Ordinal of ninth century ap. Duchesne 460 : Then the archdeacon vests the presbyters in planet and stole, and conducts them before the Pontiff. Aquinas observes that the sacerdotal vestments signify fitness, not power. (145). Concil. Tolet. iv. a.d. 633, quoted note 113, and see note 142. (146). Pseudo-Ambros. de Dignit. Sacer. i. c. 5, ap. Migne xvii. 577 : Man lays on the hand, God gives the grace. The bishop (sacerdos) imposes the right hand in supplication, and God gives the blessing with His own powerful right hand. The bishop (episcopus) initiates order [i.e., the position in the Church], and God gives the dignity [i.e., the spiritual gift]. (147). TheoL Tolos. de Ordine ap. Craisson, § 2733 ; Steph. Eduensis de Sacram. Altar, c. 9 : The hands of the priest, which are signed with holy oil in the form of a cross, are confirmed by the hands of Christ ; and that is a singular and health-giving miracle which they perform between the hands of Christ, who says. Without Me ye can do nothing. See note 110. (148). The month November 1894, p. 385. Order and Ordination. 211 the presbyter, it is said, receives power over Christ's true Body and authority to consecrate the Eucharist (^^^) ; by the words accompanying the third imposition of hands he receives power over Christ's mystical Body, and authority to retain and remit sins(^^*^). Allowing that these words convey authority or a commission from the Church, this authority or commission depends, nevertheless, in each case for its efficiency upon the gift of the Spirit obtained from above by the prayers which immediately precede them p^). Hence it appears that the (149). Eugenii Decretum, a.d. 1439, ap. Labbe xviii. 550 : The form of the pi'iestliood is such as : Receive power to offer the sacrifice in Church for the living and the dead, in the name of the Father, &c. (150). Hilary, a.d. 375, Quaest. in Vet. et Nov. Test, xciii. : When the Lord is said to have breathed on His disciples after His resurrection, and to have said, Receive the Holy Ghost, ecclesiastical power is understood to have been conveyed to them [?'.e., the power of acting for the Church, to which the forgiving or retaining of sin belongs]. He adds. Whose sins, &c. (151). In 1 Tim. rv. 14 this prayer is called Trpo^T/rei'a. Apost. Const. VIII. 46 : Those that are by us named bishops and presbyters and deacons were made by prayer and the laying on of hands. Theodoret in 1 Tim. v. 22 : We ought first to examine the life of the man, and so to invoke upon him the grace of the Spirit. See The Sacrai^ients, §§ 9, 13 ; Concil. Hispal. II. A.D. 619, ap. Gratian i. Dist. xxiii. c. 13, declared an ordination invalid in which " the bishop had laid his hand on the candidates' heads, and a presbyter, contrary to ecclesiastical order, had given the benediction." Concil. Aurel. v. a.d. 549, Can. 4 : If any clerk, after receiving the bene- diction of his place or order, &c. Ordo Sti. Amandi ap. Duchesne p. 460 : Et accipiunt orationem presbyterii a pontifice. Isidore de Offic. li. 27, 3 : We can receive the Holy Spirit, but we cannot give it. We only invoke the Lord that it may be given. Id. Sent. iii. 7, 3 : When any one prays he calls to liimself the Spirit. In the Greek form for the ordination of a deacon, ap. Morin. de Sacr. Ord. pt. ii. p. 69, the bishop prays : Not through the laying on of my hands, but by the visitation (ev imcrKOTry) of Thy rich mercies is grace given. Duchesne, p. 345, says that the whole rite of ordination of presbyters and deacons consisted, according to the early Roman use, in prayer. Theodoret of Cyrus Relig. Hist. xix. relates how a bishop " surreptitiously laid hands " on some one, " and performed the prayer, and then made plain to him the grace which had come upon him." Benedict xn'. de Syn. Dios. viii. 40 ; Liebermann vi. 861 ; Gas- parri de Ord. vi. 1079 : We hold that the form in ordination is " the preface" [i.e., the canon of consecration beginning, It is very meet, right, &C.1, as in the ancient Roman rite. 212 Short Manuals of Canon Law. collect which sums up the prayers of the people present on behalf of the ordinand, and the benediction which unites to these prayers the prayers of the Church of other places (which is the old Roman use), or the dedication-collect which is the Gallican equivalent Q-^^), constitute the essential form of which all the other prayers and declarations are only extensions Q-^'^). The collect and benediction appear also to be the essential form in ordination to the episcopate, and not the words, Eeceive the Holy Ghost, since the latter words are of late introduction, and only serve to define by anticipation the object for which the collect and benediction are about to be offered Q-^^). It has, however, been held that the words. Receive the Holy Ghost, will alone suffice for the ordination of a presbyter, provided they have been used immemorially by consent of the Church for that purpose, and with the in- tention of bestowing the sacramental character of the presby- terate (^^s). (152). Tliat the dedication-collect, wliicli followed the anointing, was regarded as the essential form in the Exeter Pontifical would seem to be implied by its being preceded by the hymn, " Come, Holy Ghost," and its being technically called Consecratio. (153). Hutton 1. c. (154). Liebermann vi. 859. See above, note 20. (155). Decree of Holy Office, 9th April 1704, in the case of the Abys- sinians, quoted in Estcourt's Anglican Ordination, p. 191. In the year 1733, Joseph Assemann, in Mai's Scrip torum Veterum Nova CoUectio, vol. v., quoted in Gitardian, 28th Feb. 1894, made the following report, by request, to the Sacred College : With regard to the Episcopate there are three opinions — (l) The first regards as the matter the imposition of hands upon the head of the person to be consecrated, the placing of the Gospels upon his head, the anointing, and the presentation of the pastoral staff and ring ; and as the form, the words which are said by the consecrator in the act of placing his hands and the Gospel upon the head of the person to be consecrated, and in the act of anointing, and of handing the staff and ring. This is the view of Isambert and Durand. (2) The second view makes the matter to consist in the im- position of hands, and in placing of the Gospels upon the head of the person being consecrated, and the form to be simply the words, " Eeceive the Holy Ghost." This was the view of Antonine, Ostian, and Turriano. (3) The third places the matter simj)ly in the imposition of hands, and Order and Ordinatioii. 213 Valid and Regular Ordination. 29. Besides the essentials of ordination three things are necessary to make it valid and regular : (1) It must be given by persons properly qualified to give it ; (2) it must be given in a regular manner ; (3) it must be given to those who are fit subjects to receive it. Ordination is called invalid when it conveys no spiritual gift or power of order (^''^), irregular when it is valid in itself but conveys no position in the Church. The irregular recipient is capable of performing every function of order, but the exercise of the spiritual gift is either im- peded through some fault of his own, or forbidden by the Church (1-). tlie form in the prayer said by the consecrator. This is the view of florin and Juenin. As to the ordination of presbyters there are four views — (1) The first regards the imposition of hands of the bishop on the person to be ordained to be alone the nuitter, and the prayer recited by the bishop to be the form — Morin and Juenin. (2) The second view conjoins for the matter of the sacrament the anointing of the presbyter with the imposition of hands, and for the /orm, besides the other prayers, the prayers which are then said — Cardinal Hosius. (3) The third regards the imposition of hands, together with the tradition of the chalice with wine and water and of the paten with bread, as the matter, and the words, " Take thou authority to offer the sacrifice to God," to be the form — ;Maldonatus and others. (4) The fourth is the ordinary view of the moderns, and regards the tradition of the chalice with wine and water, and the paten with bread, to be alone the matter, and the words, " Take thou authority," &c., to be the /or??!.. (156). Concil. Hispal. ii. Can. 4 ap. Gratian i Dist. xxiii. c. 13, speaks of an invalid ordination as one in which non consecrationis titulum, sed ignominiae potius elogium acceperunt. (157). Concil. Nic. a.d. 325, Can 16 : &Kvpos iaru i) x^i-poropia. Can. 9 : Such as these the canon does not admit. Can. 6 : Such an one the synod has determined shall not be a bishop. Concil. Antioch, a.d. 341, Can. 22 ; Concil. Arelat. I. a.d. 314, Can. 13 ; Concil. Sardic. Can. 15 ; Concil. Chalcedon a.d. 451, Can. 6. In all these cases the ordination must have been held valid, because Concil. Turon. a.d. 460, Can. 10, says : We reduce them to nullity (in irritum devocamus), unless they are adjusted by satis- faction which pertains to peace. Concil. Hispal. ii. a.d. 619, Can. 4, orders such an ordination to be annulled (in irritum devocari). Concil. Herd. a.d. 523, Can. 12 : In cases in which men have hitherto been 214 Short Alamtals of Canon Law. 30. It is a rule of the Church, derived from its fundamental note of unity, that nowhere can there exist the right and power to ordain apart from the reiDresentative head and the ruling authorities (^°^). The bishop is, therefore, the ordinary minister of order (^^''). Some difference of opinion, however, exists as to who may be the extraordinary minister when no bishop can be had. Most of the ancient canonists and theologians main- tain that, since the ej^iscopate and presbyterate constitute one and the same order, all degrees of order, excepting the epis- copate (^^°), may be conferred by presbyters equally with a bishop, provided they have received for that purpose a com- mission from the Church (^'^^), and that the presbyters col- ordained against the canons, it may be looked over . . . biit those who in future shall be so ordained shall be deprived. Concil. Eegin. a.d. 439, Can. 2 : We decree that the ordination be evacuated which the canons declare to be a nullity. Devoti Lib. ii. Tit. ii. § 100 ; Gregory vii. ap. Gratian Caus. i. Qu. 1. c. 113, calls some ordinations "falsas." Urban ii. A.D. 1095, Ibid, Caus. xii. Qu. ii. c. 37 : Irritas judicamus. (158). Ignat. Trull, c. 3 : Apart from bishops, presbyters, and deacons it cannot be called the Church. Hieronym. adv. Lucifer, c. 8 : That is not the Church which has no priests (sacerdotes bishops). Amalarius de Eccl. OfRc. III. 2 : The Church is the people assembled with their ministers. (159). Ignat. Smyrn. c. 9 ; Cyprian Ep. 4 ; Apost. Const, viii. 28 : A bishop lays on hands, ordains, offers. ... A joresbyter lays on hands, but does not ordain ; viii, 40. (160). Heb. VII. 8 : The less is blessed by the greater. (161). Morinus de Sacr. Ord. iii. Exer. iv. c. 3 and 4 ; Liebermann vi. 865 ; Firmilian ad Cyprianum Ep. 74 (Oxf. 75), 7 : All power and grace are established in the Church where the presbyters preside, who possess the power Ijoth of baptizing and of imposition of hands, and of ordaining. Lynd 309 quotes with approval a canonist saying : In the primitive Church [as described by Hieronym. ap. Gratian i. Dist. xciii. c. 24] there was no difference between a presbyter and a bishop ; but because presbyters ordained indiscriminately, Peter and the other Apostles put under restraint their power of order (potestatem characteris), so that they could not bestow the sacraments which are now reserved to bishops, and they created in consequence certain persons ha\'ing this power whom they called bishops. When, therefore, a bishop is consecrated that restriction of order is relaxed, and is extended to the previously forbidden sacraments. Hieronym. Epist. 146 says that at Alexandria, from the time of St. Mark to that of Dionysius [a.d. 260], the presbyters always placed one chosen from themselves on the Order and Ordination. 215 lectively of any Church which hcas no bishop may therefore validly confer all orders. Others contend that a presbyter's power is limited to giving non-hierarchical orders (^*'-), inchuling the subdiacouate (^*^^) ; others again that it does not go beyond the power of ordaining or appointing a singer (^^•^) and giving higher platform, and called liim bishop [uniim ex se electum in excelsiori gi-adu collocatum episco2)um nominabant]. If this was ordination, it was the peculiar prerogative of one of the tliree great patriarchal Cliurclies, and is no precedent for a lesser Church where that custom has never prevailed. Estcourt's Anglican Ordinations, p. 121 ; AVeizsaecker, p. 638, surmises that in early times there were two classes of presbyters, (1) ordinary presbyters and (2) episcopal presbyters, but that after the Novatian schism episcopal presbyters were everywhere reduced to one. The only Church in which a plurality of them is still found is the Church of Rome. See Thom. Aquin. IV. Sent. 7, Qu. 3, art. 1 ; Durand 4, Dist. 7, Qu. 4, § 4, 21 ; Craisson, § 1731 ; Lightfoot A post. Fathers ii. 120 ; Hooker, vol. in. pt. i, p. 286, says : There may sometimes be very just and sufficient reason to allow ordination without a bishop ; but Concil. Hispal. ii. a.d. 619, Can. 5, ap. Gratian i. Dist. xxiii. c. 13, declared an ordination invalid in which the bishop had laid his hand on the head of the candidates and a presbyter had pronounced the benediction canon, and ordered those who had re- ceived it to be removed from the ranks (a gradu abjici) of presbyters and deacons. (162). Innocent in. in Decret. Lib. i. Tit. xiv. c. 11, permits an abbot of regulars in priest's orders, who has received the benediction, to bestow minor orders. Craisson, § 1722, 1991 ; Gratian i. Dist. lxix. (163). The opinion is held by many authorities that such ordination may suifice for the subdiacouate, but doubts are entertained as to its sufficing for the diaconate. Craisson, § 1723 ; Perrone Praelect. de Ord. § 103 and 104, who, however, appears to forget that any priest who appoints another to act as server constitutes him a deacon in office, iwo hoc vice. Cavagnis ii. 106 considers that a priest can ordain a deacon if properly authorised so to do. Novatus, the African presbyter, appointed (constituit, which some render "procured to be ordained") Felicissimus a deacon, and Cyprian Ej). 48 (Oxf. 52) does not pronounce it invalid. According to Cassian Collat. 4, 1 ap. Migne Patrol, xlix. 585, Paphnutius, a presbyter, appointed Daniel, a monk, both deacon and presbyter. Anskar Vit. S. Willehad, c. 5, ap. Pertz. M. H. G. Script, ii. 381 : The servant of God, Willehad, began to build Churches, and to set over them presbyters (presbyteros super eas ordinare). Hutton, p. 187. (164). Statuta EccL Ant. a.d. 505, Can. 10 ap. Gratian i. Dist. xxin. c. 20 : A psalmist, i.e., a singer, can undertake the office of singing without 216 Short Mamtals of Canon Lazv. the tonsure. However this may be, one thing seems clear, that since presbyters do not now receive authority, either collectively or individually, to ordain, they cannot by their own act or prayers effect an ordination which the Church at large can receive as regular Q^'-'). 31. Although in the first ages of the Church no act of ordination was done by the Apostles except collectively and as a body Q^), yet now a single bishop is allowed to ordain a deacon or a presbyter i}^''), because of the perpetual intercession which is made by the whole Church on his behalf Q^^). Yet, even now, without the concurrence of the presbyters, testified by the imposition of their hands and the expressed or implied consent of the people, he cannot lawfully ordain a presbyter, because his representative powers have been committed to him not for capricious use, but to be exercised together with the presbyters on behalf of all Q^^). For this reason a bishop is the bishop's knowledge, by the simple order of a presbyter. Apost. Const. III. 11 forbids presbyters to ordain deacons or deaconesses, or readers, or singers, or door-wardens. (165). Apost. Const, in. 10, 11, 20 ; viii. 46 : Nor must either a presbyter or a deacon ordain from the laity into the clergy. Concil. Hispal. ii. a.d. 619, ap. Gratian i. Dist. lxviii. c. 4, in forbidding this and other things to presbyters as well as to rural bishops, seems to imply that, but for the prohibition, they had the inherent power of ordaining. Devoti Lib. I. Tit. I. § 23 Nic. (166). In Acts VI. 6 the Apostles in the plural laid their hands on the deacons. (167). Concil. Hispal. ii. a.d. 619, Can. 3, ap. Gratian i. Dist. lxvii. c. 2 : A single bishop can bestow the honour of the presbyterate or diaconate, but a single bishop cannot take either away. Edgar's Law 2, A.D. 960. (168). Concil. Clovesho, a.d. 747, Can. 30, requires prayers to be made by every presbyter for the bishop. Edgar's Law 67, a.d. 960, requires every priest to give an account of how he has fulfilled this obligation. See Duties of Order, § 24, 28. (169). Clem. Ep. 1. c. 44 : Those appointed by the Apostles with the consent of the whole Church cannot be justly dismissed. Cyprian Ep. 23 (Oxf. 29) accounts to his clergy for certain ordinations : Nothing new has been done by me, but what upon the general advice of all of us had been begun. Also, Ej). 32 (Oxf. 38). Cornelius, a.d. 246, in Euseb. vi. 43, states Order and Oj-dination. 217 only allowed to ordain so long as he acts in accordance with canonical rules {^'^), and a rural bishop who has no regularly constituted Church or body of advising presbyters is forbidden to ordain a presbyter at all (^"^). 32. A single bishop can also bestow episcopal consecration if he is a metropolitan who by custom enjoys that privilege, that as all the clergy and many of the laity resisted the ordaining of Novatns, the Inshop requested that he might be permitted to ordain this one. Socr. i. 9, says that the Council of Nicaea decreed, a.d. 325, that such presbyters as had been found in no schism should have power to nominate and propose for ordination those who were worthy of the sacred otlice. Pseudo-Sylvestrian Council, Can. 7, a.d. 275, forbids a bishop to ordain nisi cum omni adunata ecclesia. Teaching of the Apostles, Can. 1 7 : It is not permitted to the Guide (bishop) to transact matters which pertain to the Church apart from those who minister with him. Hieronym. ap. Gratian Cans. viii. Qu. 1. c. 15 : At the ordination of a presbyter the presence of the people is necessary, that all may know that he who is superior to all the people, and more learned and more holy and more eminent in every way, is selected for the presbyterate. Stat. Eccl. Ant. A.D. 505, Can. 22, Ihid. I. Dist. xxiv. c. 6 : Let not a bishop ordain clergy without the consent of his clergy. In Apost. Const, viii. 16 the bishop prays : Look down upon this Thy servant who is ]Dut into the presbytery by the vote and determination of the whole clergy. Egbert's Excerpt 46, A.D. 740 : Let the rector (bishop) do nothing Avithout consent of his brethren. Concil. Nannet. a.d. 895, Ihid. c. 5 ; Gregory vii. Ihid. Cans. I. Qu. 1. c. 113 : Ordinations made without the common consent of clergy and people we jitdge to be false, since those who are thus ordained do not enter throitgh the door, i.e., Christ, . . . but are thieves and robbers. Urban ii. Ibid. Cans. xir. Qu. ii. c. 37 : Ordinations of persons . . . made without the common consent of the clergy we judge to be nullities (irritas). Great stress is laid on the commune votum and comiminis oratio in the Galilean forms quoted by Duchesne, pp. 355, 357. (170). Concil. Antioch, a.d. 341, Can. 9 ap. Gratian Cans. ix. Qu. iir. c. 2, allows each bishop) to administer his diocese, " so that he may ordain presbyters acting with approved judgment." Concil. Taurin. a.d. 401, Can. 3 : If any one hereafter acts contrary to the rules of the fathers, let both him who is ordained be deprived of his honour, and him who ordained him lose the power of ordaining and sitting in council. (171). Concil. Ancyr. a.d. 314, Can. 13 : It is not lawful for rural bishops to create presbyters or deacons in the country, but also not in the city without the bisho^ys permission. Concil. Hispal. li. a.d. 619, ap. Gratian i. Dist. Lxviir. c. 4. 218 Short Mamials of Canon Laiv. such as the Bishop of Rome or Alexandria (^^-) — in this case his acts carry with them the acquiescence of his whole province, — or if the concurrence of his fellow-bishops has been already otherwise expressed (^^3). In any other case he cannot do so lawfully, because, although he may confer the necessary bene- diction for the office, yet without authority from others he cannot impart the stamp of doctrinal orthodoxy which will ensure recognition by other j)arts of the Church (^'^*). Except in cases of extreme necessity (i"^) no bishop can therefore consecrate another without (1) the assistance or concurrence of at least two other bishops (^^*^), nor (2) without the consent (172). Concil. Nic. a.d. 325, Can. 6, preserves to the Archbishop of Alex- andria his privileges, one of which was to consecrate all the Lishops in his subject provinces. Ferrandi Breviarium, Can. 66 : Ut nnus episcopus episcopum non ordinet excepta ecclesia Romana, Consecration by a single bishop was the rule in the British and Irish Church, Haddan & Stubbs I. 155. Baeda i. 27 relates that Gregory, writing to Augustin, Qu. 6 ap. Gratian i. Dist. lxxx. c. 6, permits him to have the privilege. According to Baeda iii. 22, and Haddan & Stubbs iii. 82, Honoruis of Canterl)ury alone consecrated Ithamar Bishop of Rochester in 644 a.d. Baeda iil. 20 relates that Ithamar alone consecrated Deusdedit Archbishop of Canterbury a.d. 655. Baeda iv. 2, however, relates that Theodore supplemented Chad's consecration, who had been consecrated by one British bishop only (Baeda iii. 28). Even in 1831 the Archbishop of Avignon and the Bishop of Dijon were consecrated by one bishop. Craisson, § 1735. Duchesne Origines, p. 348, 364. (173). Concil. Antioch, a.d. 341, Can. 19 ap. Gratian I. Dist. Lxv. c. 3, and Concil. Martin, Ihul. c. 2, state that this consent may be given by letter. (174). Concil. Arelat, a.d. 314, Can. 20 ; Innocent, a.d. 404, Ihid. i. Dist. LXiv. c. 5 : Nor let one at haphazard ordain a bishop, lest the good gift should seem bestowed by stealth. Isidor. de Grig. Offic. ii. 5, 11 : The reason why a bishop is not ordained by one, but by all the pro- vincials, is because of heresy, lest tyrannical authority should accomplish aught against the faith. Concil. Nic. a.d. 325, Can. 6 ap. Gratian i. Dist. LXV. c. I. : If two or three out of contentiousness oppose the common vote of all, the same being reasonable in itself and in accordance with ecclesiastical rule, let the vote of the majority prevail. (175). Gregory, a.d. 601, ap. Gratian i. Dist. lxxx. c. 6 ; Decret. Lib. i. Tit. XL. c. 6 and 7. (176). Concil. Arelat. a.d. 314, Can. 20, in H. & S. i. 7, requires seven, or Order and Ordination. 219 of the metropolitan, as the representative of the centralised authority of the Church Q-"). 33. Wherever the Church has been territorially mapped out, the bishop who ordains must at the time have jurisdiction over the person to be ordained Q'^). This he may have in three ways : (1) by the candidate's being locally resident or domiciled at least three. Coucil. Nic, Can. 4 ap. Gratian i. Dist. Lxiv. c. 5 ; Inno- cent, A.D. 404, Ibid. c. 5 ; Gelasius, a.d. 494, Ihid. c. 6 ; Apost. Can. 1 : Let a bishop be ordained by two or three bishops ; Apost. Const, iii. 20 ; viii. 27 : Let a bishop be ordained by three or two bishops, but if any one be ordained by one let him be deprived. Concil. Araus. a.d. 441, Can. 21. 1. c, c. 3 : It is decreed that, when it chances two bishops only ordain, both the ordained bishops and his ordainers be condemned. Concil. Martin, a.d. 572, Ihid. c. 7 ; Egbert's Excerpt 96, a.d. 740. Ordination at that time involved confirmation. The Act 23 Hen. viii. c. 20, sec. 2, names two bishops as necessary, but 25 Hen. viii. c. 20, sec. 5, requires an archbishop and two bishops, or alternatively four bishops, both to confirm and to consecrate. Stephens' Eccl. Stat. 159. It is disputed whether the assistants are witnesses and approvers, or co-consecrators. Gregory, in his letter to Augustin ap. Baeda i. 27, calls them witnesses, and compares them to married coui)les attending a wedding as sympa- thisers, and this view is upheld by Haller de Sacris Ordinationibus, Part II. § V. c. II. Art. 2. On the other hand, Baeda iii. 22, and an authority in Haddan & Stubbs ii. 214, call them coadjutores. Martene de Ant. Bit. Lib. I. c. VIII. Art. x. § 16, expressing the Galilean view, says that beyond a shadow of a doubt they are co-operatores, and also Tournely ; but in the Roman Church it is generally held otherwise. (177). Concil. Nic. Can. 8 ap. Gratian i. Dist. lxiv. c. 8 : If any one is made bishop against the ruling of the metropolitan, the gi-eat synod holds that such an one shall not be accounted a bishop. Concil. Antioch, a.d. 341, Can. 19, Ibid. i. Dist. Lxv. c. 3 : A bishop must not be ordained without the counsel and presence of the metropolitan. Concil. Carthag. II. A.D. 390, Can. 12, Ihid. c. 5 : Without the privity of the metropolitan (primatis) of each province, let no one presume to ordain a bishop. Apost, Const. VIII. 4, directs "the principal of the bishops" to make inquiry before ordaining a bishop. Concil. Tarracon. a.d. 516, Can. 4, requires a bishop ordained in pursuance of letters granted by the metropolitan to appear before him within two months, that he may ])e fully instructed by him as to the observance of canonical precepts. (178). Apost. Can. 56 : A bishop must not venture to ordain out of his own bounds, for cities or countries that are not subject to him. Boniface VIII. in Sext. Lib. i. Tit. ix. c. 3 ; Devoti Lib. i. Tit. iv. § 12, 14. 220 Short Mamtals of Canon Lazu. within the district of his Church ; (2) by the candidate's having been previously ordained by him to some lower degree ; or (3) by the candidate's having been elected to some office, or, as it is said, having acquired a title in his Church or its dependencies. No bishop can ordain the subject of another without his permis- sion (^^^) signified by letters dimissory Q^^), nor his own subjects (179). Concil. Nic. a.d. 325, Can. 16 : If any one dare surreptitiously to ordain in his own Cliurcli the subject of another without his bishop's con- sent, let the ordination be imratified {aKvpos ^crrw = irregular. Can. 4 says the ratification of every ordination rests with the metropolitan). Concil. Carthag. 1, a.d. 348, Can. 5 ap. Gratian i. Dist. Lxxi. c. 1 ; Concil. Chal- cedon, a.d. 451, Can. 20 ; Innocent, a.d. 404, Ibid. c. 2 : Let no one presume to ordain a clerk from a strange Church, unless the bishop of that Church gives permission. Concil. Elib. a.d. 305, Can. 24, Ibid. i. Dist. xcviii. c. 4 : All who have been baptized over seas, since their life is little known, ought not to be promoted to be clergy in other provinces. Concil. Milev. Can. 15 Ibid. i. Dist. Lsxii. c. 3 ; Concil. Arvern. a.d. 535, Can. 11 : Let no bishop dare to receive or promote to the presbyterate the clerk of another bishop against his will. Concil. Aurel. v. a.d. 549, Can. 5 ; Concil. London, a.d. 1126, Can. 10 : Let no bisliop ordain or pass sentence on the parishioner of another. Concil. Westminster a.d. 1138, Can. 7 ; Sext. Lib. i. Tit. ix. c. 2 ; Ayliffe 125, 402. (180). The synod which condemned Paul of Samosata in 265 a.d., in Euseb. VII. 30, states in its circular letter : We have also communicated this to you that you may receive letters of communion from the bishop [appointed in his place]. Gratian i. Dist. lxxi. c. 7, and Lxxii. c. 1 : Letters testimonial were generally called formatae, Ibid. i. Dist. lxxi. c. 9, because they were drafted in the form agreed upon by the 318 bishops at Nicaea. Examples of such letters are given ap. Gratian i. Dist. lxxiii. They were of three kinds : (1) commendatoriae ((xva-TarLKoi), given to those labouring under suspicion who had cleared themselves ; (2) com- nmnicatoriae, or pacificae {dp-qvLKoi), admitting to communion and the jjeace for those about to travel ; and (3) dimissoriae. See Eucharist, note 266. Letters dimissory were given only to clergy, and were given to set them free fi'om the Church to which they had been ordained, so that they could enter the service of some other Church without violating the canon. Concil. Chelsea, a.d. 787, Can. 6 : Let a priest continue in that title to which he was blessed. Concil. Placent. a.d, 1095, ap. Gratian i. Dist. Lxx. c. 2. After the establishment of the parochial system letters dimis- sory acquired an entirely new meaning, and were given to enable clergy to be ordained by another bishop than their own. Something of the kind is referred to by Innocent in. in Decret. Lib. i. Tit. xxiii. c. 8 ; but it is Order and Ordination. 221 wit hill the Church of another, except to give the first tonsure, without special permission (^^^). Outside the province to which he belongs he cannot ordain at all unless invited so to do (^^-), nor can he ordain in his own Church if divested of jurisdiction by being suspended or deprived, by lapsing into heresy (^^^), or being superseded in visitation. Ordination in violation of this rule is termed invasion (^^•*), and renders the offender liable to ecclesiastical censure (^^^) ; but if otherwise properly adminis- tered it is held in the West, at least since the fifth century, to be valid, but irregular (^5'^). In the East ordination by heretics explicitly allowed by Boniface viii. iii Sext. Lilj. i. Tit. ix. c. 3. By Const. I Reynolds, a.d. 1322, a bishop's vicav-general cannot grant letters dimis- sory if the bishop is within the province. (181). Apost. Can. 36 ; Concil. Turon. a.d. 460, Can. 9 ; Concil. Aurel. III. A.D. 538, Can. 15, ap. Gratian Cans. vii. Qu. 1. c. 28, and Cans. xvi. Qu. v. c. 1 and 3. Socrates ii. 24 relates that Athanasius, having been restored to his see of Alexandria, in 349 A.D., by a Council at Jerusalem, passing through Pelusium, performed ordination in some of the churches there, whereupon he was charged with having ordained in the diocese of another. (182). Concil. Const. A.D. 381, Can 2. (183). Innocent, a.d. 404, ap. Gratian Cans. i. Qu. 1. c. 17 : Those who have lost the perfection of the Spirit which they had received [by lapsing into heresy], cannot bestow the plenitude thereof which chiefly takes place in ordinations. IbiH. c. 29 ; Leo Ihid. c. 112. (184). Concil. Carthag. in. a.d. 397, Can. 20 : That another's flock be not invaded by any bishop, and that no bishop supersede his colleague in his administrative district (dioecesis). Concil. Chelsea, a.d. 816, Can. II : That it be unlawful for any bishop to invade the parish of another, or to draw any ministration to himself which belongs to another in the consecration of Churches, or of presbyters or deacons, excepting only the archbishop. (185). ConciL Aurel. iii. a.d. 538, Can. 15 : A bishop ought not to invade other dioceses for the purpose of ordaining clergy or hallowing altars. Should he do so, let those whom he has ordained be removed, but the consecration of the altars remain, and himself, as a transgressor of the canons, be suspended from celebrating masses for a year. (186). Leo Epist. clxvii. ad Rusticum c. 1 : No reason allows those to be counted among bishops who have not been elected by their clergy, kz. But if any clergy have been ordained by such false bishops . . . such ordinations may be allowed. Pseudo-Isidor. Caus. i. Qu. 1. c. 40 calls such 222 Short Manuals of Ca7ioii Lazv. is not held to be valid so as to confer the position of order in the Church ; but, since it may be ratified and allowed in approved cases i}^"^), it seems difficult to deny that it is held to be so far valid as to convey a gift from above. 34. To bestow orders in a regular manner they must be given (1) after examination and probation, (2) after fasting and prayer, and (3) unconditionally and gratuitously. A bishop is forbidden to lay hands suddenly on any one Q^^), by which is understood that he may neither ordain without previous examination as to knowledge Q^^), nor without previous proba- strange bishops (pseudo-EpiscojDi), but allows their ordinations to be valid. Concil. Westminster a.d. 1138, Can. 7 : We inhibit clerks that, without letters from their proper bishop, have been ordained by one that was not their bishop from exercise of their office ; Concil. London a.d. 1175, Can. 5 : Because clerks procure themselves to be ordained by foreign bishops we annul their order. Const. .37 Edmund, 1236. (187). Apost. Can. 68 : Those that are either baptized or ordained [by heretics] can be neither Christians nor clergymen. Syn. vii. a.d. 787, ap. Gratian Caus. i. Qu. vii. c. 3. Morinus de Sacr. Ord. Pars iii. Exer. v. II, 4 : It is hence gathered that the Eastern Church has at various times admitted heretics in different ways. At the beginning of a heresy, to make return easier, it has admitted the ordinations of certain heretics ; at other times it has declared them void and repeated them. (188). 1 Tim. V. 22. Concil. Nic. a.d. 325, Can. 2 : Because many things have been done contrary to Church rule, so that men lately come to the faith from a heathen life after being for a short time catechumens, are presently admitted to the spiritual washing, and simultaneously pre- ferred to the episcopate or presbyterate, it is decreed that nothing of the sort be done for the future. Leo, a.d. 446, ap. Gratian i. Dist. Lxxviii. c. 3 : What is laying on hands suddenly but bestowing the honour of the priesthood on such as have not been j^roved, before the age of matu- rity, before proper examination, before meriting obedience, before ex- periencing discipline. Lacy's Pontifical, p. 76 : We forbid under pain of anathema that no one present himself for ordination without previous examination. (189). Pseudo-Zephyrinus ap. Gratian i. Dist. lxxv. c. 3 : Hold ordina- tions of priests and deacons at fitting times solemnly in the presence of many, and advance to this work men learned and wise. Concil. Carthag. III. A.D. 397, Can, 22, ap. Gratian i. Dist. xxiv. c. 2 : Let no one be ordained to the clergy iinless he be approved of by the bishop's examina- tion or the testimony of the people. Concil. Clovesho, a.d. 747, Can. 6 : That bishops ordain no clerk to the degree of a presbyter till they first Order and Ordination. 223 tion as to character (^'^'^). The examination as to knowledge is directed to test both the candidate's general knowledge (^^^), and also his knowledge of the Christian faith and its requirements (^^2). It was formerly ordered to commence on the Wednesday pre- vious to the ordination, and to last three continuous days (^^3^, make open in([uiry into his former life, and into his jiresent probity of manners and knowledge of the faith. Decret. Lib. i. Tit. xxix.; Lacy's Pontifical, a.d. 1450, p. 76 ; Aylifl'e 402. (190). Concil. Xic. a.d. 325, Can. 9 ap. Gratian i. Dist. Lxxxi. c. 4 ; Gelasius, Ihid. i. Dist. xxiv. c. 3 : If there is nothing in his life or morals against canonical rules do you ordain him presbyter. Gregory, Ihid. Caus. I. Qu. 1. c. 119 : Do ye therefore be specially careful in ordination, and by no means admit to holy orders those who are not advanced in years and clean in works. First investigate the life and manners of those who are to be placed in any holy order, and let neither force nor en- treaty influence you. Concil. Clovesho. a.d. 747, Can. 6 ; Concil. Nannet. A.D. 895, Ihii. I. Dist. xxiv. c. 5 ; Const. 1 Reynolds, a.d. 1322 ; Const. 6 Mephani, a.d. 1330 ; Lynd. 33. (191). Gratian i. Dist. xxxvii. c. 9-14 ; Concil. Tolet. viii. a.d. 653, Can. 8 : Let no one be admitted to any degree who does not know the whole psalter, the usual canticles and hymns, and the complete mode of baptizing. Elfric. Can. 23, a.d. 957 : The teacher is blind that hath no book-learning. See § 48. (192). Gratian i. Dist. xxxvii. c. 5, and Dist. xxxviii. ; Gregory, Ihid. Caus. I. Qu. L c. 119; ConciL Clovesho, a.d. 747, Can. 10; Decret. Lib. I. Tit. XII.; Aylifife402. (193). ConciL Nannet. a.d. 895, ap. Gratian I. Dist. xxiv. c. 5 : When a bishop purposes to hold an ordination let all the candidates assemble on the previous Wednesday, together with the leading presbyters. Let the bishop select from his family (a latere suo) presbyters and other prudent men, conversant with the Divine law and practised in canonical rules, and charge them diligently to inquire into the life, condition, birthplace, age, training, and place of education of the candidates, and if they are fairly literate and instructed in the law of the Lord. Let those who have this charge beware that they do not deviate from truth out of favour or hope of reward, so as to recommend the unworthy or unfit to receive the sacred degrees at the hands of the bishop. . . . Let them be therefore carefully examined for three continuous days, and then on the Saturday on which they shall have been found meet let them be presented to the bishop. A MS. quoted in Lingard's Anglo-Saxon Church ir. 19, directs candidates to repair to the bishop's residence a month before the day of ordination, for examination. 224 Short Maimals of Canon Laiv. and the candidate is also required to be provided with the necessary books for his calling {^^^). 35. The probation which should precede is of longer dura- tion (^^^). It consists in advancing the candidate, not all at once but by steps, through the lower up to the higher degrees of the presbyterate (^^^). Hence a neojjhyte may not be ordained (194). Baeda ap. Gratian i. Dist. xxxviii. c. 5 [attributed there to Augustin] : The things which priests must necessarily have by them for learning are the sacramentary, the lesson book, the hour book, the baptismal book, the calendar, the penitential rule, the psalter, the homilies suited for Sundays and festivals throughout the year. If any one of these is wanting, the priest's name will hardly pass muster, because the Gospel woes are to be feared which say : If the hYwA lead the blind, both shall fall into the ditch. Elfric's Can. 9, a.d. 957 : The priest shall have the furniture for his ghostly work before he is ordained, -j'.e., the lioly books. ... It is necessary that the mass-priest have these books. (195). Concil. Arelat. iv. a.d. 524, Can. 2 forbids any one to be admitted to the diaconate nisi post annuam conversionem. Concil. Aureh ill. a.d. 538, Can. 6 ; Concil. Aureh v. a.d. 549, Can. 9 ; Concil. Brae. i. a.d. 563, Can. 20, requires the year to be spent in minor orders. (196). Cyprian Ep. 57, 8, a.d. 252, declares Cornelius a valid bishop because he was promoted through all the ecclesiastical offices, and ascended by all the steps of religious service to the summit of the priesthood. Siri- cius, A.D. 385, ap. Gratian I. Dist. Lxxvii. c. 3 ; Zosimus, a.d. 418, lUL i. Dist. Lix. c. 2 : If high offices of state are not committed to those who have only entered the porch, but to those who, by examination in lower degrees, have obtained the foremost rank, who will be so arrogant or impudent as to aspire to be a leader in the heavenly warfare without having been first a follower, and a teacher before he has been a learner \ Let him acquire the elements of the Divine service in the Lord's camp, in the rank of the readers, and not think it Ijeneath him to become exor- cist, collet, subdeacon, and deacon, successively. And let him come to the apex of the presbyterate when his age corresponds with the name of presbyter, and his previous services attest the merit of his uprightness. Coelestin. a.d. 428, Ihid. c. 4 : He who has not risen by each branch of service cannot attain to the order of the presbyterate. Gregory, a.d. 599, Ibid,, c. 3 : Because it often happens that on a bishoi^'s death some layman takes the tonsure, and is straightway promoted to the priesthood, ... it is therefore necessary that, however great an individual's merits may be, he should be trained to ecclesiastical duties by passing through the several distinct orders. See Ihid. i. Dist. LXi. c. 7 ; Concil. Sardic. A.D. 343, Ihul. c. 10 ; Leo, a.d. 446, Ihid. c. 5 ; Concil. Brae. a.d. 563, Can. Order and Orduiation. 225 to any holy order (^'^"). The omission of any degree is for- bidden as a neglect of probation (i^^), and also the bestowal of several degrees at once without a proper interval between them. The former is called ordination at a bound or 'per saltumi^^), the latter the inculcation of orders P*') or ordina- tion omissis interstitiis (-°^}. Exceptions are occasionally allowed for some urgent cause, and according to the Roman use it was customary to advance a subdeacon to the diaconate and pres- byterate on the same day (-''-), lest having become a deacon he should afterwards refuse to be advanced to the presbyterate. The bishop who confers one degree ought to confer the rest (2°^) ; nevertheless, in case of illness, death, or other sufficient cause, 20 : That uo layman be advauced to the priesthood except " per singulos gradus eruditus." Const. 5 Peckham, a.d. 1281 ; Decret. Lib. v. Tit. xxix. ; Egbert's Pontifical shows the probation through which Christ passed. (197). Concil. Xic. a.d. 325, Can. 2 ; Gregory ap. Gratian i. Dist. Lix. 3 and Lxr. 1 : Concil. Martini, a.d. 572, Can. 22. (198). Pseudo-Isidor. ap. Gratian i. Dist. lxxvii. c. 1. Alexander ir. A.D. 1065, Ibid. I. Dist. Lii. c. 1, required a presbyter to be ordained sub- deacon who had been ordained presbyter without being ordained suIj- deacon praepostero cursu. Concil. Sardic. a.d. 347, Can, 10 (Greek) calls it irpoKOTrri. Concil. Barcin. ii. a.d. 599, Can. 3 forbids ordination per saltum, but calls the decree an innovation. Also Syn. viii. a.d. 869, Can. 5. (199). Const. 5 Thorsby, a.d. 1363. (200). Innocent in. in Decret. Lib. i. Tit. xi. c. 13 and 15, directs a bishop to be suspended who confers two orders on the same person on the same day, or yet on two following days continuing the fast ; the reason assigned (Lib. iii. Tit. xli. c. 3) being that he cannot say two masses the same day. Const. 5 Peckham, a.d. 1281 : Let no man have orders inculcated in him, because the inculcation lessens the reverence, and by consequence the grace, which bounds back from graceless men. It is, therefore, contrary to the dignity of the most reverend sacrament to confer five orders to one man at once, i.e., four unsacred, one sacred. Lynd. 309 ; Can. 32 of 1603 ; Ayliffe 402. (201). Const. 5 Isiep, a.d. 1362. (202). Morinus de Sacr. Ord. Pars 3, Exer. 2, c. 2 and 3 ; Gelasius ap. Gratian i. Dist. Lxxiv. c. 9 permits subdeacons and collets to be made presbyters if deacons refuse promotion. Duchesne, p. 340. (203). Gratian I. Dist. xxiil. c. 15. Q 226 Short Mamtals of Canon Law. the ordination commenced by one bishop may be completed by another. 36. Minor orders may, by Eoman rule, be conferred on any day, hour, and place, but, by English rule, only in the morning, before dinner (■^°*) ; and since fasting and prayer are neces- sary for obtaining any gift of the Spirit, not only should the benediction of any order which is sacramental be given by fasting consecrators to fasting recipients, but it should also be given at times when the whole people have engaged in prayer and fasting on their behalf (-°^). In places such as Spain (-*'^) and Gaul (-*'^), where a three days' fast was formerly observed every month except July and August, or at Rome, where, before the fifth century, a three days' fast was observed every week (-°^), ordination to holy orders took place at any fasting time, but in Rome chiefly in the month of December (^^^). Since the fifth century, when the three days' fast has, in the West, only been kept four times a year, the ordination of presbyters and deacons has been confined to these four seasons, now called Ember-seasons (^^*'), and to the mid-week and final week in the Lenten fast-tide (-^^). A rule to this effect was (204). Maskell Mon. Eit. li. 155 (ed. 1882). (205). Acts XIII. 3 ; Leo aj?. Gratian i. Dist. Lxxv. c. 4 ; Const. 1 Keynolds, a.d. 1322. (206). Concil. Elib. a.d. 305, Can. 23 ; Concil. Tolet. xvii. a.d. 694, Can. 6 ; Isidor. de Offic. i. 42, says that these three days' fasts are observed, following the example of the Ninevites. (207). Theodori Poenit. i. vi. 5, in H. & S. lii. 183 : Theodore approved of twelve three days' fasts counting as a year. (208). Viz., one day on AVednesday, and a superpositio or forty hours' fast on Friday, Innocent, a.d. 416, ap. Gratian in. Dist. in. c. 13 : There can be no doubt that it was because the Apostles so fasted on the two days before the Lord's resurrection that ecclesiastical tradition forbids the cele- bration of the sacraments on them ; which custom must be observed every week, because the commemoration of that day is celebrated every week. (209). Amalarius de Off. Lib. ii. c. 1, says that Simplicius was the first to hold ordinations in February. Duchesne, p. 340, says the Liber Pontificalis always mentions ordinations in December. See ]\Iaskell Mon. Kit. II. cxxxv. (210). Duchesne 355. (211). Duchesne, p. 233. Order and Ordinatio7t. 227 adopted in this country in the eighth century C-^-), and has since then become universal in the West, 37. The dignity of the episcopate may by early rule be con- ferred only on Sunday (-^^), but later Roman custom allows it to be conferred also on a saint's day (-^^). According to Gallican rule a bishop should be consecrated in the Church of the city over which he is called to preside (-^^), but the Roman rule, adopted in this country, requires the consecration to take place in the metropolitan's Church and not elsewhere, except with the con- sent of the metropolitan chapter (^i'^). Degrees below the sub- diaconate may be conferred upon one or two at a time, on any Sunday or festival (-^^), and in other places than a church (2^*). No one can, however, be ordained subdeacon, deacon or pres- (212), Concil. Clovesho, a,d, 747, Can. 18 ; Pupilla Oculi, a.d, 1378, Lib. VII. c. 3, (213), Leo, A.D. 445, ap. Gratian i. Dist. lxxv. c, 5 : That ordinations of priests [i.e,, bishops] are held on the Lord's day we know to be not merely matter of custom but of apostolic teaching. Concil. Tolet. iv. a.d, 633, Can. 18, says on Sunday, Concil, Caesaraugust, in, a.d. 691, Can. 1 ; Egbert's Excerpt 96, a.d. 740 : Ordinations of bishops ought to be on the Lord's day, not in the country or small towns, but in the chief cities. (214). See Maskell Mon. Rit. ii. 258. (215). Concil. Aurel. iv. a.d. 541, Can. 5 ; Duchesne 358 states that the metropolitans of Milan and Aquileia consecrated each other, and that their suffragans, like those of Rome, were consecrated in the metropolitan Church. Concil. Tolet. iv. a.d. 633, leaves the choice of place to the metropolitan. Ennodius Vita Epiphan. p, 341. (216). The Chapter of Canterbury protested when Anselm, in 1108, con- secrated Belmeis Bishop of London at Pagham, away from the metropolitan Church, without their license. See Hook's Lives ii. 265. When Edmund,, in 1258, consecrated a Bishop of St. Asaph at Boxgrove (J}jid. iii. 216) he gave a certificate to the Chapter, in order not to prejudice the rights of their Church, H. & S. i. 465. When, in 1255, Boniface consecrated a Bishop of Ely at Belley without a license from the Chapter, the whole province protested. Hook's Lives iii. 278; Gibson 111; Maskell Mon. Rit. II. cxxxiv. (217). Innocent in, in Decret, Lib, i. Tit, xi, c. 3 : It is allowed to bishops to promote one or two to minor orders on the Lord's day and other festivals, (218). Concil. Laodic. a.d. 363, Can. 15 ap. Gratian i. Dist. lxix. c. 2, speaks of exorcists ordained either in Church or in their own houses. 228 Short Manuals of Cano7t Law. byter at any other time than on one of the four Embertide Saturdays (-^^), the vigil of Passion Sunday, formerly known as the mid-week in Lent (-"°), or Easter Eve (-^^), without becoming irregular. At these times, nevertheless, the ordination may take place either on the eve-day after sunset or early on Sunday morning (^^^j. Ordination is forbidden in the presence of ■ hearers (-^^), and should always take place at a Eucharistic cele- bration (224^. Early Roman custom placed it in the forefront of the mass of the faithful, i.e., before the Gospel-readings with which that service commenced, and the Bishop of Rome is still (219). Gratian i. Dist. lxxvi. ; Gelasius Ihid. Lxxv. c. 7 ; Concil. Winton. A,D. 1071, Can. 4 : That ordinations be performed at proper seasons. Alexander in. to Bishops of Bath and Hereford in Decret. Lib. i. Tit. xr. c. 1 and 2, and Urban iii. Ihid. c. 8, forbid the exercise of order conferred at any other time. Const. 1 Reynolds, a.d. 1322 ; Devoti Inst. Lib. i. Tit. IV. § 6 ; Egbert's Excerpt 97, a.d. 740 : Let the ordinations of priests and deacons be on the Sabbaths of the four seasons. Duchesne 342. (220). Gelasius, a.d. 494, ap. Gratian i. Dist. LXXV. c. 7 : Ordinations of priests and deacons should not be held except at fixed seasons, i.e., in the fasts of the fourth, seventh, and tenth months, likewise at the beginning of Lent, in the mid-week of Lent (mediana hebdomas, referring to the time when at Rome Lent was observed for three weeks only, Socrat. v. 22), and on the fast of Easter Eve (sabbati jejunio) about sunset. Alexander III. in Decret. Lib. i. Tit. xi. c. 3 : It is not lawful for any bishop except the Roman pontiff to ordain to the subdiaconate [and other holy orders], except .on the four Embertides, or on holy Sabbath, or the sabbath before Passion Sunday. (221). Gelasius 1. c. Leo, a.d. 445, Ihid. c. 4. (222). Leo, ap. Gratian i. Dist. lxxv. c. 4 : The ordination of a priest or Levite {i.e., deacon) should not he celebrated at any or all times, but the beginning of the night (exordia noctis) should be chosen which after Saturday [after 6 p.m., when the day ended] dawns upon the first day of the week (lucescit in prima sabbati), and in it (quibus referring to exordia noctis) fasting consecrators should bestow the holy blessing upon fasting receivers. It will be a like observance of this rule if the ordination is celebrated early on the Sunday morning itself (mane ipso dominico die) before breaking Saturday's fast, there being no difference between this time and the beginning of the night preceding, since without doubt the night preceding is part of Sunday. Rabanus, a.d. 834, de Cler. Inst. 11. c. 24. (223). Concil. Laodic. a.d. 363, Can. 5. (224). Theodori Poenit. 11. in. 1, 2, in H. & S. iii. 192 ; Innocent in. in Decret. Lib. I. Tit. vi. c. 28. Order and Ordination. 229 consecrated at the very beginning of the service, before the angelic hymn (--^). All other ordinations, however, now take ]>lace in the "West before the Gospel, although the Gospel has long ceased to be the beginning of the service. 38. Ordination must be given unconditionally and gratui- tously. To ordain for money, or to give money or any consideration to procure orders (--'^), constitutes the grave sin of simony (-'-"). A bishop ordaining any one against his will ("S), or ordaining the subject of another (22°), is directed to be suspended for a year from offering the oblation ; a bishop ordaining contrary to the canons one who is disqualified (2^°), or inculcating orders (2^^), to be deprived of the right of (225). Innocent iii. a.d. 1202, 1. c. (226). Concil. Barcin. 11. a.d. 599, Can. 1 ; Elfric's Can. 27, a.d. 957 ; Concil. London a.d. 1126, Can. 3: That at the consecration of bishops Messing of abbots, dedication of churches, a cope, a carpet, a towel, a basin 1)6 not demanded by force, nor taken unless freely offered. Concil. West- minster A.D. 1138, Can. 3, repeats the same. Innocent in. to Archbishop of Canterbury in Decret. Lib. v. Tit. iii. c. 36. (227). Concil. Aurel. 11. a.d, 533, Can. 3 and 4 ; Gregory ap. Gratian. < aus. I. Qu. 1. c. 117 ; Concil. Winton. a.d. 1070, Can. 2, and a.d. 1071, Can. 2 : That no one be ordained by means of simoniacal heresy. Concil. London a.d. 1126, Can. 1 : Following the ancient fathers, we forbid, by apostolical authority, any man to be ordained for money. Concil. West- minster A.D. 1127, Can. 2 : We wholly forbid any man to be ordained or preferred by means of money. (228). Concil. Aurel. lii. Can. 7, a.d. 538, ap. Gratian i. Dist. lxxiv. c. 1 ; Ayliffe 402. (229). Concil. Aurel. in. Can. 15, a.d. 538, Ihid. Caus. vii. Qu. 1. c. 28 ; Concil. Lugdun. 11. a.d. 1274 ; Sext. Lib. i. Tit. ix. c. 2. (230). Concil. Nic. a.d. 325, Can. 3 : The bishop that does otherwise [than ordain after probation] shall do it at the peril of his order. Stat, Eccl. Ant. A.D. 505, Can. 68, ap. Gratian i. Dist. 1. c. 55 : If a bishop has knowingly ordained a penitent, let him be deprived of his episcopate, i.e., of the power of ordaining. Let a bishop have the like sentence who knowingly ordains one who has married a widow or divorced woman. Leo, a.d. 446, Ihid. Caus, i, Qu, 1, c, 43 : If any bishop have ordained any presbyters contrary to the canons, even should they escape the loss of their own dignity, ihey shall in future have no right of ordaining. Concil. Arelat. iii. Can. 3, Ihid. i. Dist. LV. c. 2 ; Concil. Aurel. III. A.D. 538. Can. 6. 231). Innocent in. in Decret. Lib. i. Tit. xi. c. 15. 230 Short Ma7iuals of Cano7i Law. ordaining in future ; and a bishop simoniacally conferring orders to be deposed (2^2), To prevent future cavil, ordination ought always to be attested by letters of orders (-2^). 39. The effect of ordination, when validly and regularly bestowed, is threefold — (1) An increase of sanctifying grace is received by the person ordained, according to his merits (2^*), whereby he becomes personally more holy than he was before. (2) He receives sacramental grace, aiding him in the dis- charge of the duties belonging to his new position. (3) By the communication of a Divine capacity, an indelible character is impressed on him (-^^). When ordination has been validly but irregularly given, as when it is given to one who is not a fit subject to receive it (-^•'), the character is held to be imparted, but not the execution of the order. In such a case the recipient is said to be irregular, and is excluded from any exercise of his order until he has obtained from the Church an acknowledgment of his position in order (-2^). (232). Concil. Chalcedon, a.d. 451, Can. 2, ap. Gratian, Caus. i. Qu. 1. c. 8 : If any bishop shall ordain for money, ... let him who is con- victed forfeit his own degree, and let liim who is ordained benefit nothing by the ordination. Egbert's Excerpt 43, a.d. 740. (233). Codex Eccles. Afr. 89, requires letters of orders to be given to bishops to prevent all disputes as to seniority. (234). Origen de Prin. I. 3, 7 : There is another grace of the Holy Spirit which is bestowed upon the deserving through the ministry of Christ, in proportion to the merits of those who are rendered capable of receiving it. Concil. Neocaesar. a.d. 314, mentions the current opinion that the imposition of hands in ordination absolves from all sins except carnal ones. (235). Thomas Aquinas Suppl. Qu. 34 Art. 2, defines character as "an indelible spiritual mark impressed on the soul by means of a sacramental sign (per sacramentum), carrying with it the capacity (habens rationem) of a spiritual power, which power consists in participating in the power, the dignity, and the priesthood of Christ." Concil. Hispal. ii. a.d. 619, ap. Gratian i. Dist. x:^iii. c. 13, calls it titulum consecrationis. See The, Sacraments, § 21. (236). Innocent iii. in Decret. Lib. i. Tit. ix. c. 10 ; Lynd. 27. (237). Gelasius ap. Gratian, Caus. I. Qu. vii. c. 12 : Should any, through their own recklessness, or the carelessness of the presidents, have been admitted [whilst thus disqualified], let them remain in the position in Order and Ordination. 23 1 40. When order has once been received, the character is so indelibly impressed that it can neither be lost (-^^) nor renounced (-^'^). Hence no order can be reconferred without sacrilege (-^'^). Should, however, a doubt arise as to whether the character has been received, or as it is commonly ex- pressed, whether a person has been validly ordained or not, the rule of the West since the eighth century requires it to be conditionally reconferred (-^^). Should it be known to which they are without any further advancement. Gregory, Ihid. Caus. IX. Qu. 1, c. 1 : We can in no way call that [canonical] ordination which is given by those excommunicate. Ihid. c. 6 refuses to acknowledge a l)re3byter ordained by non-Catholics. Id. Ibid. i. Dist. lxviii. c. 1 : Should any one attain the priesthood with some little fault, let penance be enjoined on him for the fault. Decret. Lib. i. Tit. xi. c. 16 ; Const. 1 and 37 Edmund, a.d. 1236 : We suspend those from the exercise of their order who were not born in lawful matrimony, and were ordained without a sufficient dispensation, as also those who were ordained by such as were not their i)roper bishojjs without the license of their proper bishops, till they have obtained dispensation. Lynd. 30 ; Ayl. 402. (238). Rom. xi. 29 ; Augustin de Bono Conjug. 24 : If one is ordained into the clergy, to gather a people together, even though the gathering of the people does not follow, yet in those thus ordained the sacrament of order remains, and if any one, for any fault, is removed from his office, he will not be without the Lord's sacrament, once given, although it remains for judgment. Thomas Aquin. ii. 2, Qu. 39, Art. 3 : The sacramental power remains in its essence in the man who has received it by consecration as long as he lives, whether he falls into heresy or schism, Craisson, § 251. (239). Alexander iii. in Decret. Lib. i. Tit. xiii. c. 1, however, says a bishop can renounce liis dignity as well as his place, because his is a dignity. (240). Concil. Nic. Can. S ap. Gratian Caus. I. Qu. vir. c. 8, directs those ordained by Novatians to keep their rank. Leo Ibid. c. 19 and 20 ; Gregory Ibid. I. Dist. LXVIII. c. 1 : As he who has been once baptized ought not to be again baptized, so he who has been hallowed once ought not to be again hallowed in the same order. Augustin Ibid. Caus. I. Qu. 1. c. 97 : Each is a sacrament, and each is bestowed by a kind of hallowing, the one at baptism, the other at ordination, and therefore in the Catholic Church neither may be repeated. Innocent lii. in Decret. Lib. i. Tit. xvi. (241). Gregory in. ad Boniface ap. Gratian i. Dist. lxviii. c. 2 : As to the priests you have found there, if those who ordained them are un- known, and it is doubtful whether they were bishops or not, if such 232 Short Ma7iuals of Canon Law. have been in validly received — which was the view taken in the East and in Spain of the orders of certain heretics (^■^2) — it should be repeated, or, as the Easterns express it, ratified by the imposition of hands (2*^). On the other hand, to pretend to renounce order is to disown the Spirit's work, which is apostasy (2*'^). One who is guilty of this offence is directed to be excommunicated, and for ever after forbidden the exercise of order C"^^). The Subjects of Ordee. Qualifications. 41. Although in the first ages of the Church the qualifica- tions for order were in many respects the same as the quali- fications for baptism, and laymen no less than presbyters and deacons had a distinct part to perform in the priestly functions priests are men of good conduct and Catholics, and learned in the ministry of Christ and His holy law, let them receive the benediction of the presbyterate from their bishop and be hallowed, and so discharge their holy function. Baeda iv. 2 relates that Theodore completed the ordina- tion of Bishop Chad in 680, who had been consecrated by one bishop and two British bishops whose orders were doubtful (Baeda in. 28), after the Catholic manner. Concil. Chelsea a.d. 816, Can. 5 : That none of Scotch extraction be allowed to usurp to himself the sacred ministry, , . , because we are not certain how or by whom they were ordained. Innocent in. in Deere t. Lib. iii. Tit. xliii. c. 3, a.d. 1206 : Non intel- ligitur iteratum quod ambigitur esse factum. (242). Concil. Caesaraugust. ii. a.d. 592, Can. 1, directs converts from Arianism to receive again the blessing of the presbyterate. (243). Acts XII. ; Concil. Nic. a.d. 325, Can. 8, uses the expression Xetpo^eroi^yueyot of Novatians. (244). Alexander in. in Decret. Lib. v. Tit. ix. c. 1 ; Ayliffe 85 ; never- theless 33 and 34 Vict. c. 91 legalises such apostasy here. (245). Theodori Poenit. l. viii. 12, 13, in H. &. S. iii. 182 : If any one should renounce the world, and afterwards return to the secular habit, . . . unless he were a monk when he left the Church let him do penance seven years. Egbert's Excerpt 60, a.d. 740 : If a clerk contemptuously re- fuse to return let him be anathema. Concil. Westminster a.d. 1102, Can. 11 : That clerks who have forsaken their order do either return or be excommunicate. Concil. Aurel. 1, a.d. 511, ap. Gratian Cans, xxvii. Qu. 1, c. 32. Order a/id Ordination. 233 of worship (-^''), yet, when the general standard of conduct had become lowered by the removal of the stimulus of persecution and the universal practice of infant baptism, it was felt im- perative that those at least who discharged the higher functions of the priesthood and were commissioned to rule others should not fall below the standard of early days. The clerical order was in consequence differentiated more sharply than before from the order of laymen. When at a later period, upon the decline of solemn worship, the vicarious discharge, not only of the laymen's but also of the deacon's duties, devolved upon presbyters in addition to their own, none it was deemed could have a Divine call (-^") to so exalted a position at once of government and representation unless he had first proved his capacity for self-government, and together with innocence of life possessed adequate learning (-^^). 42. The primary requisite for order is universally allowed to be the Divine call (-■*^), by which is understood the act of God's (246). Clement, 1 Cor. c. 4 : Let each one take part in the Eucliarist in his own order. (247). Cyprian Ep. 54 (Oxf. "jQ), 5, who states that election is not enough. De Unit. Eccl. c. 10. (248). Cyprian Ep. 67, 1 and 2 ; Concil. Elib. a.d. 305, Can. 24 : Foreigners may not be ordained, because their manner of life is unknown. Concil. Nic. a.d. 325, Can. 9 : The Catholic Church admits only that which is blameless. Gelasius ap. Gratian Can. i. Qu. 1. c. 91 : Our most holy religion, which includes the celebration of Catholic observances (disci- plinam), claims for itself such respect that no one may come to it without a pure conscience. Concil. Tolet. viii. a.d. 653, Can. 8 : It is absurd that those whose business is to teach others, and to set them an example of life and conduct, should be advanced to any degree in order without a know- ledge of the law of God and a moderate acquaintance with letters. . . . Such an one only may be advanced who is illustrious for innocence of life and distinction of learning. Concil. Westminster a.d. 1126, Can. 8. (249). Acts I. 24 : Show whether of these two men Thou hast chosen. It is called avd^prjffi^ Upd in Dionysius ap. Morin. p. 57. Lucifer de S. Athanas. i. 9 : He only can be filled with the virtue of the Holy Ghost for the governing of His people whom God has chosen, and on whom hands have been laid by the Catholic bishops. Hieronym. ap. Gratian Caus. VIII. Qu. 1. c. 16: Let the government of the jjeople be intrusted 234 Short Mamials of Canon Law. providence by which He chooses some and prepares them by- suitable mental endowments for performing sacred functions, and inspires them with a desire to embrace the ecclesiastical state to His honour and their own sanctification. The nature and tests of this call belong to the department of moral theo- logy. In itself the call is internal, yet it requires external recognition by the Church {^^^) ; and because its existence is invariably necessary, order may never be forced on an unwill- ing subject (-^^). On the other hand, one who has taken any degree in order and then refuses to go forward may be deprived of the position he already holds (2^^), because such refusal is evidence of defection after putting his hand to the plough. to him whom God shall select, viz., one who has in himself the Spirit of God, and hefore whose face are the commandments of God. (250). Innocent in. in Decret. Lib. v. Tit. vir. c. 12 : According to the Apostle, How shall they preach unless they be sent? and the Truth Him- self said to His Apostles, Pray ye the Lord of the harvest that He would send forth labourers into His harvest. But if any one cleverly replies that such persons [as the heretics] are invisibly sent by God, albeit they are not visibly sent by man, and that the invisible mission is far higher than the visible, and the Divine better than the human, ... it may be reasonably replied that, inasmuch as the inner mission is hidden, it is not enough for any one to assert that he is sent by God (which any heretic may say), l)ut he must give proof of his invisible mission. (251). Concil. Aurel. in. a.d. 538, Can. 7 ap. Gratian i. Dist. Lxxiv. c. 1 : Let a bishop who ordains one against his will (invitum aut recla- mantem) be suspended for a year from offering the oblation. Gregory, A.D. 591, Ihiil. c. 2 ; Const. 1 Reynolds, a.d. 1322 ; Lynd. 309, followed by Benedict xiv., state that such an ordination is absolutely void. Hutton, p. 485. (252). Concil. Carthag. v. a.d. 401, ap. Gratian i. Dist. Lxxiv. c. 3 : If any clergy refuse to be advanced by their bishops, let them not remain in the degree from which they have refused to move. The tonsure given in infancy may alone be renounced. Gratian Cans. xx. Qu. ii. c. 1 ; Concil. Westminster a.d. 1127, Can. 4 : If any in the inferior orders refuse at the bishoj)'s admonition to be ordained, let him be deprived of the dignity assigned him. Alexander iii. to the Archbishop of Canterbury and his suffragans in Decret. Lib. i. Tit. xiv. c. 6 : Since the sacred canons seem to disagree [as to the promotion of unwilling clergy], some saying that such ought not to be compelled to proceed, others asserting the contrary, we undo the knot of contradiction by this present writing, decreeing that Order and 0>-diiiafion. 235 43. The outward qualifications which are held to be ordi- narily necessary to show tlie existence of a Divine call (^^'^) include (1) being a man and not a woman ; (2) having received already the sacrament of baptism in its entirety (2^*) ; (3) being free from any physical defect which would incapacitate for the exercise of order ; (4) holding the right faith and being of approved life ; (5) having adequate learning (-•'^^) ; and (6) having a proper title. But since there are cases in which there is unmistakably a Divine call although one or more of these outward qualifications are absent, the Church reserves to her- self in most cases a dispensing power, subject nevertheless to many safeguards. 44. Two classes of persons are without the elementary quali- fication for receiving order, viz., women and unbaptized persons. The ordination of a woman is a mere nullity, women being for- if the aforesaid clergy declare themselves unworthy to receive higher orders because of secret sins, inferiors shall be promoted over their heads ; and unless those who so refuse to be ordained are very useful in other ways to their Churches, they shall be deprived of their benefices, which shall be canonically bestowed on others. Const. 10 Otho, a.d. 1237 : If vicars themselves are the occasion of their not being ordained, we decree that they be deprived of their benefices. Syn. Patricii, Can 10, in Haddan and Stubbs ii. 329 : If any one shows the beginning of a good work by becoming a singer, and then intermits it discarding the tonsure, let him be excluded from the Church, unless he returns to his former position. (253). Innocent iii. a.d. 1199, in Decret. Lib. v. Tit. vii. c. 12. (254). Including confirmation. Concil. Nic. a.d. 325, Can. 8, requires Novatians who join the Catholic Church to remain in their degree after receiving the laying on of hands (xeipoderov/Mevovs), because Novatians denied the grace of laying on of hands. Maskell. Mon. Eit. ii. 156. (255). Concil. Lat. in. a.d. 1179, Can. 2, in Decret. Lib. i. Tit. vi. c. 9, mentions as positive requisites (1) age, (2) morals, and (3) learning. Similar requirements are made by Alexander in. Ibid. Tit. xiv. c. 6, and for promotion to the episcopate by Innocent in. Ibid. c. 22. Const, 6 Otho, A.D. 1237 : Since it is very dangerous to ordain idiots, illegitimates, irregulars, illiterates, strangers, and any that want a certain title, we enact that a diligent inquiry be made by the bishop before ordination concern- ing these particulars. Lynd. 138, 139 ; Whitgift's Martyrology xxxi. : The ecclesiastical doctor ought to be distinguished both for learning and life. Learning without life makes a man arrogant ; life without learning makes him useless. 236 Short Manuals of Canon Law. bidden even to come near the altar at service time (2^^). The ordination of an unbaptized person may render his acts means of grace to those who receive them in faith (-^'^), ignorant of his incapacity, but it leaves himself devoid of the sacramental (256). 1 Cor. XIV. 34 ; 1 Tim. li. 12 : In Phrygia and among the Mon- tanists women ajij^ear to have exercised diaconal functions. Iren. i. 13 ; Hippol. VI. 34. The synod which condemned Paul of Samosata, a.d. 265, enumerates among his offences that " he jDrepared women to sing in the midst of the Church, which one might shiidder to hear." Isidor. de Offic. II. 18, 11 : Women are exchided from all degrees and offices of order. They may neither speak nor teach in Church, nor touch nor offer. Con- cil. Rotliomag. a.d. 650, ap. Gratian in. Dist. ii. c. 29 : It has come to our knowledge that some priests so lightly esteem the holy mysteries that they intrust the holy Body of the Lord to a layman or a woman to carry to the sick, and commit that which is most holy to those who are forbidden to enter the holy place or to approach the altar. The synod altogether forbids the repetition of such presumption in future. Theodori Poenit. II. vii. A.D. 673, in Haddan & Stubbs in. 196 : Women may not cover the altar with the corporal, nor place the oblations or the cup on the altar, nor stand amongst the ordained in Church. ... A woman may not give penance to any one. Concil. Paris vi. a.d. 829, ap. Gratian Cans. xx. Qu. II. c. 3 forbids an abbess to veil a widow. Pseudo-Isidor. a.d. 843, Ibid. i. Dist. xxiii. c. 25 : The Apostolic See is informed that with you consecrated women or minikins touch the sacred vessels or sacred altar-cloths, and carry incense about tlie altar, all of which things, as every wise man knows, ought to be reproved and rebuked. We, therefore, by the authority of the Holy See, order that these practices be exterminated as quickly as possible. Egbert's Excerpt, a.d. 740 ; Edgar's Law 44, a.d. 960 : That no woman come near the altar while mass is celebrating. Cap. 6 Theodulf, A.D. 994 ; Concil. Lat. ii. a.d. 1139, ap. Gratian Cans, xviii. Qu. ii. c. 25, forbids consecrated women to sing in the choir of any church with canons or monks. Innocent in. a.d. 1210, in Decret. Lib. v. Tit. xxxviii. c. 10 : We hear that in the diocese of Burgos and elsewhere abbesses bless their own nuns, hear their confessions, and, reading the Gospels, presume pub- licly to preach. . . . This we forbid for the future, for although the Blessed Virgin was more worthy and excellent than all the apostles, yet to these and not to her Christ committed the keys of the kingdom of heaven. Lynd. 283, 133 ; Hobart. 149. See Sacraments, § 17 ; and Baptism, note 108 ; the Eucharist, note 117. (257). Innocent in. in Decret. Lib. in. Tit. xlii. c. 3, says the fides sacramenti is as effectual to make a man a member of Christ as the sacra- mentum fidei Order and Ordination. 237 gift(-^*). The ordination of one wlio has received heretical baptism is good whenever the baptism itself is known to be valid (-5^). The ordination of a child is also held to be good, but he does not thereby contract the usual obligations of order (260). 45. Physical defects which disqualify for orders are such imperfections of body as would incapacitate for the execu- tion of the sacerdotal office, such as deformity (^'^i), loss of a member (-*^-), blindness or deafness (-'^^), madness, idiocy or epilepsy (-^j, and also want of age ; but partial lameness (2*^5) (258). Isidor. ap. Gratian iii. Dist. iv. c. 23, and Caus. i. Qu. 1. c. 59 ; Theodori Poenit. ir. ii. 13, in H. & S. in. 192, Id. i. ix. 12, Ihid. 185, quoted Baptism, note 139. Alexander in. in Decret. Lib. in. Tit. xliii. c. 1 ; Innocent ni. Ibid. c. 3, says the Eucharist may be received at the hands of such a priest, but he has not received the priestly character. Clinical baptism is an obstructive but not a destructive disqualification, according to Concil. Neocaesar. a.d. 314, ap. Gratian i. Dist. lvii., the orders being valid but the recipient being irregular. Devoti. Inst. Lib. i. Tit. vii. c. 7. (259). Concil. Carthag. in. a.d. 397, ap. Gratian Caus. i. Qu. iv. c. 3. (260). Benedict xiv., quoted by Gousset Theologie dogmatique ii. 429 ; but as Boniface viii. in Sext. Lib. i. Tit. ix. c. 4 forbids even the first tonsure to be given to an infant unless he enters a religious house, such ordination would in any case be irregular. (261). Apost. Can. 77, 78, call deafness and blindness an impediment, but not the loss of an eye, or lameness. Gelasius, a.d. 494, ap. Gratian i. Dist. LV. c. 1 and lxxviii. c. 8, forbids the bestowal of orders on one coriJore vitiatus, likewise Egbert's Answer xv. a.d. 734 ; Decret. Lib. i. Tit. XX. Ayliffe 403 ; Devoti Inst. Lib. i. Tit. vn. § 6. (262). Innocent, a.d. 410, Ibid. c. 6 ; but not if it was accidental. Stephen V. Ibid. c. 11. (263). Apost. Can. 78. (264). Concil. Tolet. xi. Can. 13, a.d. 675, ap. Gratian i. Dist. xxxiii. c. 3 ; Xicolaus Ibid. c. 4 ; Gelasius, a.d. 494, Ib/'d. c. 5, bases the prohibition on the ground that such seizures arise from demoniacal possession. Concil. Aurel. III. a.d. 538, Can. 6, forbids him to be ordained who is a dwarf (semus corpore) or liable to seizures (qui publice aliquando arreptus est). Egbert's Excerpt 83, a.d. 740, quotes Concil. Araus. a.d. 441, Can. 16 : Those who are liable to public seizures are not only not to be admitted to any clerical order, but if they are ordained to be repelled from office. (265). Concil. Tribur. a.d. 895, ap. Gratian i. Dist. lv. c. 10, unless it 238 Short Alanuals of Canon Lazv. or mutilation (-°'^), the result of a surgical operation or inflicted by an enemy C^*^^), are not disqualifications, neither is leprosy for one exclusively serving a lepers' church C^*^^), but the loss of an eye is {^^^). Formerly it was necessary to be full twenty- four years of age before being admitted to the diaconate (2''°), and to have entered on the thirtieth year before admission to the presbyterate (^''^). Since the ninth century these require- ments have been reduced Q'^^), and now, according to the Third Lateran Council, it is sufficient to be more than twenty- two for admission to the diaconate, to be full twenty-four before admis- sion to the presbyterate, and to be full thirty before admission to the episcopate (^"^). For minor orders there is no fixed age, and the tonsure may even be given to children (-"'^). requires him to use a staff. Ibid. in. Dist. 1. c. 57, which is forbidden at the oblation. See Eucharist, § 11. (266). Concil. Nic. a.d. 325, Ihid. c. 7 ; Concil.' Martini, a.d. 572, Can. 21, Ihid. c. 9. (267). Apost. Const. 21, Ihid. c. 8, and authorities in notes 261 and 266. (268). Concil. Westminster a.d. 1200, Can. 13: Wherever there are so many lepers together as can build a church with a churchyard, and have a proper priest, let them be allowed so to do. (269). Pelagius, a.d. 555, ap. Gratian i. Dist. LV. c. 13 : The Eastern Church, represented by Apost. Can. 77, says the contrary. (270). Concil. Carthag. iir. Can. 4, a.d. 397, ap. Gratian i. Dist. Lxxvii. c. 5 : Under twenty-five years of age let neither deacons be ordained nor vir- gins consecrated. Concil. Agath. a.d. 506, Can. 16, Ibid. c. 6 ; Concil. Tolet. IV. A.D. 633, Can. 20, Ihid. 7 ; Theodori Poenit. i. ix. 10, a.d. 673, in H. & S. III. 185 : It is not lawful to ordain the child of a monastery [a deacon] before he is twenty-five years old. Egbert's Excerpt 91 and 95, a.d. 740. (271). Concil. Neocaesar. Can. 11, a.d. 314, ap. Gratian i. Dist. Lxxviii. c. 4, fixes thirty for a presbyter. Concil. Aurel. iii. a.d. 538, Can. 6 ; Concil. Arelat. iv. a.d. 524, Can. 1 ; Concil. Tolet. iv. a.d. 633, Can. 20 ; Concil. Trull. A.D. 691, Can. 14 ; also Concil. Martini, a.d. 572, Can. 20 ; and Boniface, Ihid. c. 1. (272), Zaccharias, Ibid. c. 5, allows a jDresbyter to be twenty-five in case of necessity. (273). Concil. Lat. in. a.d. 1179, Can. 2, in Deere t. Lib. i. Tit. vi. c. 7 ; Boniface viii. in Sext. Lib. i. Tit. x. Canon 34 of 1603 fixes the age for a deacon at twenty-three, and for a presbyter at twenty-four years complete, and this age is also required by 44 Geo. in. c. 43, sec. 1. (274). Concil. Tolet. ii. a.d. 531, Can. 1 : Touching those whom the Order and Ordination. 239 1'6. It is a necessary qualification for orders to be a person of right faith and approved life (-''^). Hence a convert from heresy may not be ordained unless his heresy was involun- tary (-"*'). To be of approved life the candidate for orders must (1) be innocent of any enormous crime, whether committed before or after baptism, such as bloodguiltiness (-^^), directly (2'^^) will of parents has devoted to the clerical office from the earliest years of infancy, we decree that as soon as they have received the tonsure, or have been advanced to the office of reader, they be instructed in the house of the Church by their provost under the bishop's eye. When they have com- pleted their eighteenth year, let their intention in regard to marriage be inquired into by the bishop in presence of the whole clergy and people. Let those to whom, by God's inspiration, the grace of chastity is well pleasing, first be admitted to the ministry of the subdiaconate after the twentieth year of their probation is reached. Boniface viii. in Sext. Lib. I. Tit. IX. c. 4, forbids the first tonsure to be given to a child unless he enter a religious house. Theodori Poenit. i. viir. 14, a.d. 673, in Haddan and Stubbs in. 184 : Basil held that a boy [consecrated to religion] might marry before his sixteenth year, even if he had previously been a monk. Devoti Lib. i. Tit. iv. § 15. (275). Augustin ap. Gratian Caus. i. Qu. 1. c. 87 : That any one may be a true priest he must be such, not only by the sacrament [of order], but also be clothed with righteousness. Concil. Chelsea a.d. 787, Can. 6 : That no bishop ordain a priest or deacon unless he be of approved life. (276). Concil. Elib. A.D. 305, Can. 51 : No one coming from any heresy may be advanced to the clergy. Can. 22 distinguishes wilful heresy from heresy of birth, and awards to the former ten years' suspension. Anibros. ap. Gratian Caus. i. Qu. 1. c. 18 : The law of our Church is that those baptized in heresy should be admitted to lay communion by the imposition of hands, and that no one of them should be advanced even to the lowest degree of order. (277). Augustin ap. Gratian Caus. xxxiii. Qu. iii, Dist. 1. c. 23 ; Decret. Lib. V. Tit. xii. c. 1, 10, 20, 6, and Tit. xiv. c. 2. (278). Apost. Can. 66 : If any one of the clergy strike one in a quarrel and kill him by one stroke let him be deprived. Nicolaus, a.d. 864, ap. Gratian i. Dist. 1. c. 5, 6, and 39 : A clergyman who has slain a pagan may not be advanced to any higher order. John viii. Ibid. c. 4 : [One who has killed another] ought to be deprived of the priesthood, with a fount of tears to wash out so great an offence. Egbert's Excerpt 154-156, a.d. 740 ; Alfred's Law 12, a.d. 877 : If a priest slay another man, let all that he has purchased with his habit be seized, and let the bishop degrade him. 240 Short Manuals of Canon Law. or indirectly (''^^) committed, self-mutilation ('^^'^), unnatural crime (^si), rape (^s^), perjury (^^s) or forgery p^) ; (2) he must be free from any known vicious or evil habit ("^^) ; (3) he must suffer from no defect of reputation (-^^), either general or canonical. Open inquiry must always be held to ascertain the facts of the case (287), which is now usually done by publicly reading a notice called a Si quis. Cnut's Law 12, a.d. 1018 : If an altar-tliane be a manslayer ... let him suffer the loss of his orders. (279). Concil. Tolet. I. a.d. 400, Can. 8 ap. Gratian i. Dist. Li. c. 4 : If any one has undertaken military service after baj^tism, and taken the [soldier's] cloak or girdle for killing the faithful, although he have never committed deeds so serious, let him not receive the dignity of the diaconate. Concil. Tolet. xi. a.d. 675, Can. 6 ap. Gratian Cans, xxiii. Qu. viii. c. 30 : Those by whom the Lord's sacraments are handled may not intermeddle in a cause of blood. Concil. London, a.d. 1175 Can. 3; Const. 8 Langton, A.D. 1222 ; Concil. Herd A.D. 523, Can. 1, Ihid. i. Dist. 1. c. 36 : Clergy who are engaged in a siege should remember that they who touch the Lord's Body or Blood, or handle the vessels belonging to the sacred office, should refrain from all bloodshed, including that of enemies. If they have been involved in it, let them for two years be suspended from office and communion. Soldiers' Penances, a.d. 1072 ; Urban ii. Hid. c. 37 : He killed the boy by a mistake with a stone : out of kindness to you we allow him to remain in office. Lynd. 29. (280). Concil. Nic. a.d. 325 ; Apost. Can. 22 ap. Gratian i. Dist. lv. c. 4 ; Concil. Arelat. li. Can. 7, Ibid. c. 5 ; Innocent, a.d. 410, Ibid. c. 6. (281). Concil. Elib. a.d. 305, Can. 30 : Those ought not to be ordained subdeacons who in their youth have been guilty of adultery, lest afterwards they should be surreptitiously promoted to a higher order. According to Duchesne, p. 341, the candidate at Eome was required to make oath that he had never been guilty of sodomy, bestiality, adultery, or the rape of a consecrated virgin ; but adultery before baptism was not a disqualification. (282). See § 53. (283). Ep. Zachar. ad Bonifac, p. 215 ; Wilkins i. 85 : Lingard's Anglo- Saxon Church II. 18. (284). Const. 1 Eeynolds, a.d. 1322. (285). Titus I. 6, 7 ; 1 Tim. in. 2 ; Concil. Nic. a.d. 325, Can. 2 and 9 : Innocent in. in Decret. Lib. i. Tit. iv. c. 10 ; Lacy's Pontifical, p. 77 : We forbid any one to seek ordination who is conscious of mortal sin, or ex- communicate, or suspended. (286). Ayliffe, 403. (287). The practice at Rome was to present the candidates publicly to Order and Ordination. 241 47. Defects of general or cauouical reputation include being born out of wedlock (-^^), being a slave or the son of a slave (2®'-^) unless with his lord's consent, or the son of a presbyter {^^^), having been engaged in usury (-^i) or other unlawful trade (-■'-) the people on the ^\'ednosclay and Friday before the ordination. A notary then made ]iublication : We have elected N. to be deacon to such a title. If any one knows aught against him let him for God's sake come forward and faithfully declare it, but let him be mindful of his own communion. Duchesne 340. Concil. Clovesho, a.d. 747, Can. 6 : That bishops ordain no clerk to the degree of a presbyter till they first make open inquiry into his former life, and into his present probity of manners and knowledge of the faith. Ibid. Can. 24 : If any secular desire to enter into the service of the holy jjrofession, let him not receive the tonsure before his conversa- tion and moral qualification be clearly tried. Const. 6 Otho, 1237 : Let the number and names of the approved be written down, and let such as are written down be afterwards, at the beginning of the ordination, called over, liy reading the list with a careful distinction. (288). Const. 37 Edmund, a.d. 1237, quoted note 237. Const. 6 Otho, A.D. 1237 ; Lynd. 26 ; Devoti Inst. Lib. i. Tit. vii. § 13 observes that this incapacity is not of earlier date than the time of Urban ii., a.d. 1095, who enforces it ap. Gratian i. Dist. lvi. c. 1. It is mentioned also by Innocent III. ; but see Methodius' Banquet of the Virgins, Dist. ir. c. 3. (289). Concil. Elib. a.d. 305, Can. 8 : Freedmen whose patrons are in the world may not be promoted to the clergy. Leo, Epist. 1 aj). Gratian I. Dist. Liv. c. 1 ; Gelasius Ihid. c. 12, and Dist. lxxviii. c. 8. According to Novel. 123, Ihid. i. Dist. liv. c. 20, slaves by being ordained become free. Hence the ordination of a slave would be a wrong done to his master. See Bajdism, ^ 34. Concil. Tribur. a.d. 895, Ibid. c. 2 ; Decret. Lib. i. Tit. XVIII. ; Const. 16 Clarendon, a.d. 1164, forbids the ordination of sons of villagers (villani) without the lord's consent, following Concil. Aurel. V. A.D. 549, Can. 6. (290). Apost. Can. 76 : According to authorities ap. Gratian i. Dist. LVI. this applies only to sons begotten during the tenure of the presby- terate. Pope Damasus was the son of a jiresbyter. Concil. Tolet. ix. Can. 10, A.D. 655, Ibid. Caus, xv. Qu. viii. c, 3 constitutes such offspring slaves of the Church. Alexander ill. to Bishop of Lincoln in Decret. Lib. i. Tit. XVII. c. 2 forbids a son to .succeed his father in any office. Likewise Const. 17 Otho, A.D. 1237 ; Const. 22 Peckham, a.d. 1281, Lynd. 45, 46. (291). Concil. Elib. a.d. 305, Can, 20 : If any clergy are discovered to be usurers let them be deposed and excomnumicated. Gregory ap. Gratian I. Dist. XLVii. c. 4, (292). See Eucharist, ^ 23, note 272. R 242 Short I\Iaiiuals of Ca?ion Law. being generally defamed (-^^) or a public penitent ("^*), holding {j-^'') or being liable to serve civil offices incom- patible with holy orders (^■'^^), being guilty of bigamy i^'^'^), either by being the husband of a second wife (-'^^) or of a (293). Concil. Tolet. iv. a.d. 633, ap. Gratian i. Dist. li. c. 5. (294). Origen contra Celsum iii. 51 ; Concil. Nic. a.d. 325, Can. 9 ; Concil. Tolet. I. A.D. 400, ap. Gratian i. Dist. 1. c. 68 : It is resolved that penitents be not admitted to the clergy unless necessity or custom require otherwise. § 2 : We call him a penitent who after baptism has done public penance for homicide, or for some other very grave crime, and been reconciled to the altar under the Divine sackcloth. Stat. Eccl. Ant. a.d. 505, Can. 68, Ihid. c. 55 : Let not a clergyman be ordained from among penitents, how- ever good he may be. Innocent Ibid. c. 60 : The canons passed at Nicaea exclude penitents even from the lower orders. Concil. Rom. a.d. 465, Can. 3, Ihid. i. Dist. lv. c. 3 ; Concil. Agath. a.d. 506, Can. 43 ; Concil. Gerund, a.d. 517, Can. 9 : If he have not publicly in Church submitted his head to penance. Concil. Epaon. a.d. 517, Can. 3 ; Concil. Aurel. iv. A.D. 524, Can. 3 ; Concil. Aurel. ill. a.d. 538, Can. 6 ; Concil. Martini a.d. 572, Can. 23 ; Gregory ap. Gratian i. Dist. xxxiv. c. 10 ; Egbert's Qu. XV. A.D. 734. (295). Innocent ap. Gratian i. Dist. li. c. 1 pronounces military men and forensic pleaders disqualified for orders. (296). Socrates ii. 41 relates that the emperor refused to exempt from civil oilices those bisho]3S against whom he was incensed. Innocent, a.d. 410, ap. Gratian i. Dist. li. c. 2 ; Gelasius Ihid. i. Dist. lv, c. 1, and i. Dist. Lxxvii. c. 8 ; Gregory Ihid. i. Dist. xxxiv. c. 10, and Liii, c. 1. ; Concil. Tolet. IV. A.D. 633, Ihid. i. Dist. li. c. 5 ; Egbert's Qu. xv. a.d. 734 : Dis- engaged from all obligation of bearing civil offices. In the Frankish kingdom no one might be ordained without the king's permission. (297). Concil. Elil). a.d. 305, Can. 34, forbids a layman to baptize who is bigamous. Concil. Valent. a.d. 374, Can. 1 : After this synod no one who has been twice married or who has married one married before may be ordained. Apost. Const, vi. 17 ; Concil. Aurel. lii. a.d. 538, Can. 6 ; Can. Hispal. ii. a.d. 619, Can. 4 ; Can. 8 Elfric. a.d. 957 : That he who marries a widow or divorced wife, or he that marries a second time, be never afterwards admitted to any order or hallowed to priest. Leo ix. A.D. 1054, ap. Gratian i. Dist. xxxii. c. 14, says that bigamy in the three senses named disqualifies for the subdiaconate, and therefore ought not to be allowed to the orders below. (298). Tertullian ad Uxor. c. 7 : How detrimental to faith second marriages are the discipline of the Church and the apostle's prescription [1 Tim. II. 1 ; Titus i. 6] disclose, when he suffers not men twice married Order and Ordination. 243 widow (-'*^) or of a divorced woman (^*'^*), having received clinical baptism (^''^), and being the subject of the iteration of the sacraments either of baptism (■^''-) or confirmation (^°^). ■48. Want of knowledge is a further disqualification for orders (^^^), since one who is unlearned is unable to teach others ; and this is equally true whether the defect arise from to preside over a church. Hippolyt. Haer. ix. 7 : About tlie time of this man [Calixtus, a.d. 220] bishops, presbyters, and deacons who had been, twice married and thrice married began to be allowed to retain their place among the clergy. Apost. Can. 17 : He who has been twice married after his baptism . . . cannot be made a bishop, a presbyter, or a deacon. Stat. Eccl. Ant. Can. 69, a.d. 505, ap. Gratian i. Dist. 1. c. 55 ; Siricius, a.d. 385, Hid. c. 56 ; Innocent Ibid. i. Dist. xxvi. c. 3 ; Hieronym. Ihid. c. 1 ; Augustin Ihid. c. 2 ; Ambros. Ihid. i. Dist. xxxiv. c. 14 ; Concil. Gerund, A.D. 517, Can. 8 Ihid, c. 8 : If any of the laity have known a woman after his ^\•ife, let him be by no means admitted to orders. Gelasius Ihid. i. Dist. 1. c. 59 ; Gregory Ihid. i. Dist. xxxii. c. 2 ; Egbert's Excerpt. 32, A.D. 740. Decret. Lib. i. Tit. xxi., and Lib. iir. Tit. iii. c. 9. (299). Apost. Can. 18 : He who has taken a widow or a divorced woman, or an harlot, or a slave-girl, or one belonging to the theatre, cannot be either a bishop, presbyter, or deacon. Hilary ap. Gratian i. Dist. xxxrv. c. 9 ; Innocent Ihid. c. 13 ; Concil, Martini, Can. 26, Ibid. c. 18 ; Siricius Ihid. I. Dist. Lxxxiv. c. 5 ; Theodori Poenit. i. ix. 10, a.d. 673, in H. & S. iii. 185 : If any one marry a widow, either before or after baptism, he cannot be ordained, just as the bigamist cannot. This is recognised by 4 Ed. i. St. III. c. 5, A.D. 1276, (300). Apost. Can. 18 ; Apost. Const, vi. 17 ; Concil. Neocaesarens. a.d. 314, Can. 8 ap. Gratian i. Dist. xxxiv. c. 11 ; Gelasius ap. Gratian i. Dist. Lxxvii. 8. (301). Cornelius in Euseb. vi, 43 ; Concil. Neocaesar. a.d. 314, Can. 12 ; Concil. Paris vi. a.d. 829, Can. 8. (302). Concil. Carthag. v. a.d. 401, ap Gratian I. Dist. 1. c. 65 : It is not permitted for rebaptized persons to be admitted to clerical order. Theo- dori Poenit. I. X. 1, Ihid. in. Dist. iv. c. 117 : Those who have been twice baptized in ignorance cannot, according to the canons, be ordained. (303). Const. 2 Reynolds, a.d. 1322. (304). Zosimus, a.d. 418, ap. Gratian i. Dist. xxxvi. c. 2 ; Hilarius, A.D. 465, Ihid. I. Dist. LV. c. 3; Augustin Ihid. Cans. viii. Qu. I. c. 11 ; Hieronym. Ihid. c. 15 ; Symmachus, a.d. 500, Ihid. Cans. 1, Qu. 1. c. 45 : He who is advanced in honour must be regarded as most vile, unless he is distinguished for knowledge and holiness. Concil. Clovesho A.D. 747, Can. 10, requires " presbyters to know how to perform every 244 Short Mamials of Canon Law. ignorance of letters generally (^°'^), of the canons (^°°), or of Scripture (^°''). office belonging to their order. And let them who know it not learn to construe and explain in our own tongue the creed and Lord's prayer, and the sacred words which are solemnly pronounced at the celebration of mass and in the office of baptism. Let them also take care to learn what the sacramental signs (sacramenta) which are visible in the mass, baptism and other ecclesiastical offices, do signify, lest they be found dumb and ignorant in those intercessions which they make to God." By 9 Ed. ii. St. I. c. 13, A.D. 1315, the examination of sufficient knowledge belongs to the spiritual judge, and herein, says Coke 2, Inst. 631, he is a judge and not a minister. See above, § 34. (305). Stat. Eccl. Ant. Can. 16, a.d. 505, ap. Gratian i. Dist. xxxvii. c. 1, forbids the reading of heathen books from desire to imitate them. Hieronym. Ihid. c. 2-6, forbids the reading of heathen comedies and such like. Ambrosius, however, Ihid. c. 10, requires grammar to be studied for the understanding of Scripture. Gelasius Ihid. I. Dist. Lsxvii. c. 8, requires a candidate to be disciplinis ministerialibus eruditus. For without know- ledge of letters he would not be fit to hold even a doorwarden's place. Concil. Aurel. li. a.d. 533, Can. 16 : A presbyter or a deacon without letters, or one who knows not the order of baptizing, let him not be in order (ordinetur). Concil. Narbon. a.d. 589, Can. 11, forbids any one to be ordained who cannot read, and directs him to be put in a monastery to learn. Baeda ap. Gratian i. Dist. xxxvii. c. 8, says it blunts the in- telligence to forbid the study of secular literature. Decret. Lib. i. Tit. xiv. c. 15, orders a bishop to be deprived who is ignorant of grammar. (306). Concil. Carthag. iii. a.d. 397, Can. 3 : Bishops or clergy about to be ordained ought first to have the decrees of councils read over to them, lest they should have to repent of having contravened them in any way. Coelestin. a.d. 429, ap. Gratian i. Dist. xxxviii. c. 4 : No priest [i.e., bishop] may be ignorant of the canons, nor do anything contrary to the rules of the fathers. Concil. Tolet. iv. a.d. 633, Can. 25 : Ignorance is the mother of all errors. . . . Therefore presbyters must know Holy Scrij^ture and the canons, that their whole work may consist in jjreaching and teaching. (307). Hieronym. ap. Gratian i. Dist. xxxviir. c. 6 : Ignorance of the Scriptures is ignorance of Christ. Augustin Ibid. c. 11, 12, 14 : The expressions of Holy Scripture must be taken according to the language in which the several books were written. For every language has its own peculiarities of diction which, when translated into another tongue, seem absurd. Pseudo-Isidor. Ihid. c. 8 : As the stars of heaven are not put out by the darkness of night, so the minds of the faithful cleaving to the firmament of Holy Scripture are not darkened by the iniquity of Order and Ordination. 245 49. Ever}' candidate for orders must likewise have a proper election or title, by which is meant that he must have received a mandate to act for some recognised Church or spiritual founda- tion, which has in return undertaken to provide him with a maintenance i^^'^'). Formerly ordination without a title was ordered to be annulled (^°^), but since the twelfth century it only obliges the ordaining bishop to maintain the person ordained until he has provided him with some benefice (^^^), the world. 7(7. Ihid. c. 16 : No bishop because of his age or station should be above learning from the youngest or the least instructed. Concil. Arelat. a.d. 813, Can. 3 ap. Labbe vii. 1235 : Let priests, therefore, know the Holy Scriptures and the canons, (308). Coelestin. a.d. 431, Epist. iv. to bishops of Gaul, c. 2, complains of bishops being ordained without attachment. Concil. Chalcedon a.d. 451, Can. 6 ap. Gratian i. Dist. Lxx. c. 1 : Let no one be ordained without an attachment (dTroXeXuja^vws), neither presbyter, deacon, nor any one in the order of the clergy. Concil. Chelsea a.d. 787, Can. 6 : Let a presbyter continue in that title to which he was blessed, so that none presume to receive a presbyter or deacon from the title that belongs to another. Concil. London, a.d. 1126, Can. 8 : Let none be ordained presbyter or deacon, but to some certain title ; if he be, let him not enjoy the honour of his order. (309). Concil. Chalcedon a.d, 451, Can. 6 : As regards those who are ordained without attachment (dTroXt^Tws), the holy synod has determined that such an ordination is to be held unratified (dKvpov ; elsewhere the ratification, to 5^ Kvpos, belongs to the metropolitan), and cannot have any effect [to give a position in the Church], because of the contempt of him who ordains. Concil. Placent. a.d. 1095, ap. Gratian i. Dist. lxx. c. 2 : We decree, in conformity with the statutes of the holy canons, that an ordina- tion made without title shall be a nullity (irritam). Concil. Westminster a.d. 1125, Can. 8 : Innocent lir. a.d. 1198, in Decret. Lib. iii. Tit. v. c. 16 : Although our predecessors declared ordinations made without a title to lie null and void (irritas atque inanes), we, taking a milder view, decree, &c. Concil. Westminster a.d. 1200, Can. 6. (310). Liber canonum in Decret. Lib. iii. Tit. v. c. 2 : A l)ishop may not ordain clergy without giving them a maintenance ; but let him choose one of two things : either let him not ordain or let him find the means of living. Concil. Lat. in. Can. 5, A.D. 1179. Ibid. c. 4 : If a bishop ordain any one without a certain title, let him maintain the clerk until he can make a clerical provision for him in his own Church. Concil. Westminster a.d. 1200, Can. 5, repeats this. Innocent in. in Decret. Lib. i. Tit. xiv. c. 13, and Lib. iii. Tit. v. c. 16, obliges the bishop's successor to maintain him 246 Short Maimals of Canon Laiv. unless the person ordained has a sufficient patrimony of his own (311). 50. There is a difference, nevertheless, between disqualifica- tions. Some are relative and can be cured by time or study, such as want of age or knowledge ; others are absolute and can never be cured, such as mental imbecility. Some are of human creation, allowed out of deference to the prejudices of the times, and can be dispensed with, such as being the son of a slave or a priest; others, which are necessary for the exercise of order, cannot be dispensed with. A dispensation is rarely given in case of homicide. It may not be given in cases of simony (^i-;, unless the person ordained was himself innocent of the simony (^^^), and it cannot be given in cases of madness or im- becility (^i"^), because without a sufficient cause no dispensation avails. For minor orders dispensations may be granted by the bishop who has jurisdiction (^^°), but unless the disqualifications are of provincial creation, a dispensation can only be given for holy orders by the collective Church in synod, or through its patriarchal representative (^^^). Clerical Ireegularity. 51. As certain things disqualify for admission to holy orders, so the same things if found in those already ordained or subse- quently incurred disqualify for the exercise of order, on the ground that the dignity of the sacred ministry forbids one who has been ordained against the rules of the Church, or who has until he provides him with a title. Const. 6. Otho, a.d. 1237 ; Can. 33 of 1603 ; Ayliffe, 401, 403. (311). Pseudo-Hieronym. ap. Gratian Cans. xvi. Qu. L c. 68, § 2 : Those clergy ought to he supported out of the revenues of the Church who have no assistance from parents or relatives ; hut those \\hose parents or relatives can sujjj^ort them commit sacrilege if they receive what belongs to the poor. (312). Gratian Cans. i. Qu. 1. c. 8, 107, 109 ; Qu. vii. c. 2. (313). Ihid. c. 108. (314). Devoti Inst. Lib. i. Tit. vii. § 17. (315). Boniface viii. in Sext. i. Lilj. i. Tit. xi. c. 1. (316). Id. Ihid. Order and Ordiiiation. 247 himself transgressed the rule of life of Christians in general, or of the clerical estate in particular, to exercise his office (^^^) until he has put himself right with God and the Church. Such persons are said to be irregular, and the disqualifying circum- stance, which may not be a sin at all, is called an irregularity. An irregularity may therefore be defined to be a canonical (317). Concil. Nic. a.d. 325, Can. 9 : Whoever have been promoted to be presbyters without examination, or, having been examined, have con- fessed their sins, and yet men acting contrary to the canon have laid hands on them, such as these the canon does not admit of. For the Catholic Church justifies only that which is blameless. Apost. Can. 18 and Concil. Martini ap. Gratian i. Dist. 1. c. 8. Siricius, A.r). 385, Ibul. c. 56, decrees respecting such as contrary to rule (indebite), and without proper qualification (incompetenter) have crept into the sacred militia, that they are to esteem it a great kindness to be allowed to remain in their present degree without hope of advancement. Ambros. Ibid. Cans, xxxiii. Qu. rir. Dist. 1. c. 56, § 2 : Xo one involved in sins ought to arrogate to himself authority over the exercise of the sacraments. Theodori Poenit. I. X. 1 in H. & S. ni. 185 : Such as have been in ignorance twice bap- tized cannot, according to the canons, be ordained, unless some urgent necessity require it. Pseudo-Isidor. ap. Gratian Cans, vi. Qu. 1. c. 17 : We call those persons of ill-repute who, for some fault, are branded with ill-repute, i.e., all who throw aside the rule of Christian law, and despise the statutes of the ChiU'ch ; likewise thieves, sacrilegious persons, and all involved in capital offences, robbers of the dead, those intentionally violating the rules of the fathers, . . . those guilty of incest, murder, perjiu"y, rape, poisoning, or adultery, runaways in warfare, those who hold discreditable posts or unjustly withdraw the property of the Church, those who slander others, or make accusations without proving them, or who stir up the ill-will of princes against the innocent, all those anathematised for their crimes, and all whom the laws of the Church and the world pronounce infamous. Egbert's Excerpt. 32, A.D. 740, and Elfric Can. 8, A.D. 957. Const. Edmund, a.d. 1236 : We con- ceive them to be irregular who have committed murder, or have been advocates in causes of blood, simoniacs, transactors of simoniacal bargains, and who knowingly received orders from such as were vinder that blemish, or that were ordained by schismatics, heretics, or such as were excom- municated by name, such as have been twice married, or married to such as were not ^^rgins, corrupters of nuns, excommunicates, such as get orders by stealth, sorcerers, burners of Churches, and such like. Gratian I. Dist XXXIII. ; Lacys Pontifical 77 ; Craisson, § 1742. 248 Short Manuals of Canon Lazv. disability (^^^), which either (1) hinders the reception of order, or (2) hinders the exercise of order, or (3) exchides from office in the Church, not rendering the reception and exercise of order void and a nullity, but rendering the person who is knowingly guilty of such reception and exercise spiritually criminous. 52. An irregularity may arise from one of two causes : (1) from a fault which is not the individual's fault, in which case it is called a defect, or (2) from a fault which is his own, such as disobedience to a rule of the Church, or conduct rendering impossible the exercise of his order. The latter is called a crime (^^^). To constitute an irregularity of the latter kind, however, a crime must be (1) enormous, (2) a crime of actual commission and not of intention only (^^^), and (3) be publicly known, and a source of scandal (^^^), since one who has been publicly accepted by the Church as a righteous man of availing prayer does not cease to be representatively such until unrighteousness has, with equal conclusiveness, been brought home to him. 53. All the canonical disqualifications for the reception of orders arising from defects are disqualifications for their exercise also, and are causes of irregularity ; such as defects (1) of mind, (2) of b(5dy, (3) of birth, (4) of age, (5) of reputation, notably having exercised a calling held to be degrading in public esteem, such as that of actor, butcher, or publican Q^'^), (6) of civil position, (7) of lenity, and (8) of baptism. Disqualifications which arise from mortal sin are (318). Lynd. 28 : Quoddam impedimentiim proveniens ex constitutione canonica. (319). Isidore de Offic. li. 5, 17 : If a bishop or a presbyter is giiilty of mortal sin, the execution of his office is withdrawn. Both disobedience and evil conduct are called crimes in Const. 3 Edmund, a.d. 1236 ; Const. 5 Thoresby, a.d. 1363. (320). Concil. Lngdun. a.d. 1245, in Sext. Lib. ii. Tit. xiv. c. 1 ; Lynd. 74, 155 : In penal matters, in order to incur a penalty, it is not enough that the act be begun, it must also be completed. (321). Lynd. 29. (322). Concil. Vien. a.d. 1311, in Clem. Lib. iii. Tit. 1. c. 1 ; Lynd. 169. Order and Ordination. 249 not, however, always causes of irregularity, but only those which have been declared to be such by the general law of the Church (^-^). These include (1) the iteration of baptism or confirmation, which if knowingly done renders both the baptizer and the baptized irregular (224-) . ^2) heresy (3-^) ; (3) the usurpation or pretended exercise of order by one who does not possess it (^-*') ; (4) obtaining orders improperly, as by stealth {^-'^\ at a bound (^-^), by a married man without his wife's consent (^■'^), or from an excommunicated bishop (^•'^°) ; (5) killing (•"^) or maiming (^^2) another ; (6) violating a censure by officiating when suspended (^3^) or excommunicated by sen- tence of law or a judge (^^*) ; and (7) infamy arising from being (323). Gregor. viii. in Sext. Lib. v. Tit. XL. c. 28. (324). See note 302. Const. 2 Reynolds, a.d. 1322. (32.5). Aminos, ap. Gratian Cans. i. Qu. 1. c. 18, quoted above, note 276. (326). Honorius in. in Decret. Lib. v. Tit. xxviii. c. 1 ; Const. 4 Thorsby, A.D. 1363. (327). Alexander in. in Decret. Lib. v. Tit. xxx. c. 1 ; Lacy's Pontifical, p. 77. Const. 4 Thorsby, a.d. 1363. (328). Innocent ni. in Decret. Lib. v. Tit. xxix. (329). John xxii. in Extrav. Com. Tit. vi. (330). Urban 11. ap. Gratian Cans. ix. Qu. 1. c. 4. (331). Innocent, a.d. 404, Ihid. 1 Dist. Li. c. 1, and Cans. xxni. Qu. viii. c. 2 ; Ambros. IMS., c. 3 ; John viii. Ihid. 1 Dist. 1. c. 4 ; Can. 20 Dun- stan, A.D. 963 : If a bishop or a mass-priest kill a man, let him forfeit his order, and ever earnestly make satisfaction. Const. 1 Edmund, a.d. 1236. Lynd. 29. (332). Innocent i. ap. Gratian i. Dist. LV. c. 6 ; Innocent iii. in Decret. Lib. V. Tit. XII. c. 18. (333). Innocent, a.d. 416, Ihul. i. Dist. Lxxxii. c. 2 : Gregory ix. in Decret. Lib. v. Tit. xxvii. c. 9 : Because during the time of suspension you celebrated divine service in ignorance thereof, probable ignorance excuses you. Concil. Lugdun. 11. a.d. 1274, in Sext. Lib. v. Tit. xi. c. 1 ; Const. 1 Peckham, a.d. 1279 ; Lynd. 27, 114, 120, 124. As to what is understood by officiating, see Craisson, § 1790. The Eoman College ruled, 19th July 1704 and 11th Sept. 1717, that no irregularity is incurred in disregarding a censure, valid in the outer forum, but a nullity before God. (334). Const. 3 Peckham, a.d. 1279 : Being %ino facto suspended, you have performed your offices, . . . and have thereby incurred an irregu- larity. Const. 5 Winclielsea, a.d. 1305 : If any priest presumes to officiate 250 Short Manuals of Canon Law. judicially convicted of falsification, perjury (2^^), sorcery, arson, rape of a consecrated virgin (^2^), or unnatural crime P^'^). 54. The gentleness or lenity required of the clergy forbids them to be concerned indirectly as well as directly in any matter involving the loss of life or limb to another. Hence they not only become irregular if they have actually slain a human being with intent to kill him (^^s), but also if they have been in any way concerned in taking life, as judges or legislators (^'^'^\ as advocates or clerks in court (3^°), or by having performed a surgical operation if death supervenes (^^^). If homicide was purely accidental whilst they were otherwise lawfully employed, they do not become irregular (^*-), nor if contrary to this prohibition, let him incur an irregularity. Const, 4 Thorsby, a.d. 1363, declares a jniest irregular who jn-etends to give absolution from the greater crimes. (335). Concil. Agath. a.d. 506, ap. Gratian i. Dist. 1. c. 7, names falsifi- cation and false witness. Lynd. 114. (336). Concil. Westminster, a.d. 1200, Can. 7 : Let a general excom- munication be yearly denounced against sorcerers, such as are foresworn, incendiaries, violent ravishers. (337). Concil. Westminster, a.d. 1102, Can. 28 : If any ecclesiastical person be guilty of sodomy ... let him be degraded from that order in which he is. (338). Can. Apost. 17 ; Concil. Ancyr. a.d. 314, Can. 21 ; ConciL Brae. II. A.D. 572, Can. 26, aj). Gratian i. Dist. 1. c. 8 : If he is conscious of homicide, either by act, by command, by counsel, or by self-defence. Alexander in. to Bishop of Exeter in Decret. Lib. v. Tit. xir. c. 6; Innocent iii. Ihid. c. 18. See note 331. (339). Minucius Felix circa, a.d. 200, c. 30 : To us it is not lawful either to see or to hear of homicide. Alexander in. in Decret. Lib. v. Tit. xvir. c. 4 ; M. to Archbishop of Canterbury, Ihid. Lib. in. Tit. 1. c. 5 ; Concil. Lat. IV. A.D. 1215, Can. 18, lUd. c. 9. (340). Const. 9 Langton, a.d. 1222 ; Decret. Lib. v. Tit. xii. c. 11 and 18 ; Tit. XV. c. 2, and Tit. xxxi. c. 10 ; Sext. Lib. v. 'I'it. iv. c. 2 ; Clem. Lib. IV. Tit. IV. : Hence when the statute 11 Ric. il. c. 1 was passed in 1387, attainting the Archbishop of York and others of high treason, the Lords Spiritual withdrew from Parliament. Lynd. 269, 270 ; Lacy's Pontifical, p. 77. (341). Concil. Turon. a.d. 1065, in Decret. Lib. in. Tit. 1. c. 10 ; Inno- cent in. Ibid. Lib. v. Tit. xii. c. 19. (342). Concil. Ancyr. a.d. 314, Can. 22 ; Concil. Brae. 11. a.d. 572, ap. Ordc7' and Ordination. 251 it was done iu self-defence %Yitliout recourse to unnecessary violence (^■*^). Nor does the contravening of a sentence of excommunication constitute irregularity, unless it was a sen- tence of the greater excommunication (^■^'*). 55. Irregularities may cease in one of four ways : (1) by baptism, which takes away all previous faults and offences whatsoever ; (2) by the lapse of time, or study, or absence, as in the case of one too young, or too unlearned, or who has publicly admitted some crime short of the denounced crimes ; (3) by entering a religious order ; or (4) by a dispensation (2*^). A bishop is not qualified to grant such a dispensation, ex- cept in a few cases (^^*^), or when the cause of the irregularity is not publicly known. In other cases it must come from the whole Church or the greater metropolitan as its proper representative Q^^). Gratian i. Dist. 1. c. 44 ; Alexander ill. in Decret. Lil). v. Tit. xii. c. 7 ; Id. to Eisliop of Exeter, Ibid. c. 9 ; Honorins in. to Arclibisliojj of York, Ibid. c. 22 ; Concil. Vien. a.d. 1311, in Clem. Lib. v. Tit. iv. See Grimes, and Clem. in. in Decret. Lib. i. Tit. xiv. c. 7. (343). Unknown author ap. Gratian I. Dist. 1. c. 38 ; Poenit. Rom. in Decret. Lib. v. Tit. xii. c. 2 ; Innocent in. Jbid. c. 18. (344). Innocent in. in Decret. Lib. v. Tit. xxvii. c. 10 : If one celebrate whilst under sentence of the lesser excommunication, although he sins grievously, yet he does not thereby incur the stain of irregularity. (345). Const. 37 Edmund, a.d. 1236 ; Alexander in. in Decret. Lib. in. Tit. III. c. 4 ; Lynd. 28, 114 ; Ayliffe 219. (346). Concil. Brae. n. a.d. 572, ap. Gratian i. Dist. 1. c. 22. Lynd. 27 says he must have the intention to dispense, and not be acting in ignor- ance. Decret. Lib. i. Tit. xvii. c. 5, and Lib. v. Tit. xxvii. c. 10 ; Lib. ii. Tit. 1. c. 4, mention the cases in which a bishoj) can disj^ense. Stephen's Eccl. Stat. p. 167 : By secret sin is understood one which it has not been sought to establish contentionsly. Craisson, § 1840. (347). In this country the archliishop. 252 VI. PRIVILEGES AND DUTIES OF ORDER. Privileges of Oeder. 1. Every step or degree in order carries with it its own privileges, and also entails its own duties in the Church. These privileges and duties are partly temporal, partly spiritual. Temporal privileges and duties depend upon the laws of each particular community, and the degree in which the Church is favoured by the State and allowed by it to exercise coercive jurisdiction. Spiritual privileges and duties depend upon the law of the Church. 2. Formerly the temporal privileges of order were large, and extended both to the persons and property of the clergy (^). (1). Lynd. p. 68 enumerates fourteen privileges as enjoyed by the clergy in his time, a.d. 1429 : (1) they may not be convened before a secular judge, Decret. Lib. ii. Tit. ii. c. 12 ; (2) any one striking a clerk comes imder the canon, Gratian Cans. xvii. Qu. iv. c. 29 ; (3) they are not liable to secular services, Decret. Lib. in. Tit, xlix. c. 4 ; (4) they can form a corporation when laymen cannot, Decret. Lib. iii. Tit. xvii. c. 6, and Lib. V. Tit. XXXI. c. 14 ; (5) they can sell a thing given to the Church before delivery ; (6) their households possess the same privileges that they do personally ; (7) those making statutes to their detriment are ipso facto excommunicate, Sext. Lib. in. Tit. xxiii. c. 5 ; (8) none but those in orders can hold spiritual benefices, Decret. Lib. i. Tit. xxxvi. c. 6 ; (9) a clerk cannot be convened by general words in a citation addressed to laymen ; (10) in a civil cause they cannot be compelled to pay more than four siliquae by way of court- fee ; (11) they can dispose of their effects although they are under age ; (12) they can litigate to protect their property if minors without their father's consent ; (13) they cannot be attached as pledges ; (14) a slave becoming a clerk with his lord's know- ledge is thereby emancipated. Briefly, says Lyndwood, these privileges may be summed up in the two following : (1) they may not be personally molested ; (2) they may not be molested by exactions in purse or pocket. Whether these privileges belong to them in a Christian community by divine right or by concession of princes is a point on which doctors dis- agree. Bouix de judiciis i. 89 and 90. Privileges and Duties of Order. 253 The usage of modern times has withdrawn all privileges from minor orders and tonsured persons, and only left to those in holy orders such personal privileges as are required for their public ministrations. In this country they still enjoy freedom from arrest, assault, or molestation, whilst executing their public duties (-), and are exempt from civil duties incompatible with their calling (^), such as military service (■*) and serving on juries which might involve capital punishment (^). They are also permitted to retain their own private property (*^), and to (2). Can. 38 Dunstan, a.d. 963 ; Concil. Westminster a.d. 1138, Can. 10 : Let him be struck with anathema that kills a clerk, ... or lays wicked hands on such. Concil. Lat. ii. a.d. 1139, Can. 15 ajx Gratian Cans. XVII. Qu. iv. c. 12 : Should any one at the devil's bidding incur the charge of sacrilege by laying violent hands on a clerk, let him be under the ban of anathema. Concil. Westminster a.d. 1200, Can. 10. (3). Isidor. ap. Gratian i. Dist. xxiii. c. 3 : Let them lay aside secular offices and business. Egbert's Qu. 15, a.d. 734 ; Concil. Westminster A.D. 1102, Can. 8 forbids their being reeves or agents to secular persons in cases of blood. Concil. Westminster a.d. 1138, Can. 9 ; Const. 8 Langton, a.d. 1222 ; Const. 6 Othobon, a.d. 1268, forbids all rectors, perpetual vicars, and priests whatsoever to accept of secular jurisdiction from a secular person. (4). Concil. Tolet. iv. a.d. 633, Can. 44, ap. Gratian Cans, xxiii. Qu. VIII. c. 5 : Clergy who take or have taken arms spontaneously in any dispute shall lose their degree and do penance in a monastery ; and Can. 47 ; Concil. Melden. a.d. 845, Can. 37, Ibid. c. 6 : Let none of the clergy take military arms or go forth armed. Concil. Westminster a.d. 1138, Can. 5 : We allege the authority of Pope Xicolas, who says. Since the soldier of Christ and the secular soldier differ from one another, it becomes not a soldier of the Church to bear secular arms. Concil. London a.d. 1175, Can. 11 : Let none that would appear to be clerks wear or bear arms. Const. 4 Othobon, a.d. 1268 : The use of offensive and vindictive arms is forbidden to clerks, . . . and that even in a just cause. See Order, § 46, note 278. (5). Concil. Tolet. xi. Can. 6, a.d. 675, ap. Gratian Cans, xxiii. Qu. viii c. 30 : Egbert's Excerpt 155, 156, a.d. 740 ; Concil Westminster a.d. 1102, Can. 8 ; Concil. London a.d. 1175, Can. 3 : Let not a man in holy orders. be concerned in judgments concerning blood, nor by himself, nor by any other inflict deprivation of member. Const. 8 Langton, a.u. 1222 ; Const. 7 Othobon, a.d. 1268 : We forbid clerks to exercise the office of advocates in a secular court in a cause of blood. See Order., note 339. (6). Augustin ap. Gratian Cans. xii. Qu. 1. c. 18 : Those who wish to 254 Short Manuals of Canon Law. dispose of the same by will, with certain restrictions, to whom they please C). On the other hand, whilst bishops are sum- moned to sit in the upper house of Parliament by virtue of their temporal baronies, yet the rest of the clergy, although possessing benefices, are not permitted to sit in the lower house (^). 3. The spiritual privileges to which order entitles include (1) the privilege of participating in the Eucharistic offering everywhere in the degree of order to which they belong (^) ; (2) the privilege of being treated with deference by every degree in order below their own (^^) ; and (3) the privilege of have property, to whom God and His Church is not enough, let them remain where they wish and can ; I do not take away the exercise of their order, I desire to have no hypocrites with me. Concil. Paris a.d. 829, Ibid. Qu. V. c. 4 ; Alexander in. in Decret. Lib. in. Tit. xxvi. c. 9, 12. (7). Apost. Can. 40 ap. Gratian Cans. xii. Qu. 1. c. 21 : Let the proper goods of the bishop and those belonging to the Lord be openly distinguished, that he may have power when he dies to leave his own goods to whom he pleases. Gregory, a.d. 602, Ibid. Qu. v. c. 1 ; Concil. Hispal. a.d. 619, Ibid. c. 4 ; Concil. Altheim in Decret. Lib. iil. Tit. xxvii. c. 1 ; Const. 8 Stratford, a.d. 1343. But Const. 32 Langton, a.d. 1222 : If clergymen leave anything to their concubines, let it be converted to the use of the Church. Const. 34 Langton, and Const. 30 Mepham, A.D. 1330, repeat the same. Lynd. 165 ; Concil. Carthag. in. a.d. 397, Can. 13, forbids bishops or clergy to make donations to non-Catholics. (8). The House of Commons resolved, in 1553, that no person having a voice in the Convocation House could have a voice in that house. Act Geo. III. c. 63 declared that no person in holy orders should be capable of being elected to Parliament. (9). Apost. Const. li. 58 : If a presbyter come from another place, let him be received to communion by the presbyters ; if a deacon, by the deacons ; if a bishop, let him sit with the bishop, and be allowed the same honour with himself ; and thou, bishop, shalt desire him to speak to the people words of instruction. Stat. Eccl. Ant. a.d. 505, Can. 33 : If bishops or presbyters come to another church for the sake of visiting it, let them be received in their degree and be invited both to speak the Word and to consecrate the oblation. Hilary Quaes, in Vet. et. Nov. Test. a.d. 375, Qu. ci. ; Before God the honour remains to each one who has been told off to ecclesiastical offices, so that he who is a deacon enjoys the honour of the diaconate in every Church. (10). Hieronym. ap. Gratian i. Dist. xcv. 6, 7, requires bishops and Privileges a?id Duties of Order. 255 being judged by spiritual judges iu all matters not involving temporal rights (^^). Even in matters involving temporal rights those in holy orders are forbidden by the canons to resort to secular tribunals (^-), except when justice may not or cannot presbyters to honour one another. Concil. Laodic. a.d. 363, Can. 56, IIM. c. 8, forbids presbyters to enter Church before the bishop. Concil. Laodic. Can 20, Ihid. c. 15, forbids deacons to sit in the presence of presbyters. Gregory Ihid. i. Dist. lxxxix. c. 7. Gregory Ep. 54 ad episc. Galliarum, reproduced by Pseudo-Isidor. Ibid. i. Dist. xcill. c. 5 : Let the presbyter give place to the bishop, the deacon to the presbyter, the subdeacon to the deacon, the collet to the subdeacon, the exorcist to the collet, the door- keeper to the reader. Nicolaus Ihid. i. Dist. xxi. c. 4, applies the same rule to degrees of jurisdiction. (11). Concih Paris a.d. 615, ap. Gratian Cans. xi. Qu. 1. c. 2 : Let no one presume to accuse or condemn a presbyter, deacon, or other of the clergy without the bishop's license. Concil. Agath. a.d. 506, Can. 32, Ihid. c. 17 & 47. Concil. Matiscon i. a.d. 583, Ihid. c. 6 : Let no clerk accuse another clerk before a secular judge, or in any way call upon him to answer there. Gregory, a.d. 603, Ihid. 38, 39. Alfred and Guthrum's Law 3, A.D. 873 : If a man in orders commit a capital crime let him be reserved to the bishop's doom. Egbert's Excerpt. 140, a.d. 740 ; Edgar's Law 7, A.D. 960 ; William's Mandate, a.d. 1085 : Let no bishoji or arch- deacon hereafter bring those causes before the secular judicature which concern the government of souls. Const. 3 Clarendon, a.d. 1164 : Clerks being accused of any matter are to come to make answer thereto to what- ever the king's court shall think fit, and likewise to the ecclesiastical to make answer to whatever shall be there thought fit, but so that the king may send to the court of Holy Church to see how matters are there carried. By 9 Ed. ii. St, 1, c. 13, a.d. 1315, the quahfication of a clerk is triable by the spiritual judge, and by 25 Ed. iii. c. 8, confirmed by 13 Car, II. c. 12 and Hill v. Barne 2 Levinz 250, the question of voidance of a spiritual cure. Lynd. 270. Soglia Inst, juris, publ. § 58, says : Clergy are bound in conscience to obey those civil laws which do not detract from their position, not because of their coercive, but because of their directive power. (12). 1 Cor. VI. 1, conf. v. 12 ; Epist. Clem, ad Jac. 10 : Let not those who have disjiutes go to law before the civil powers, but let them by all means be reconciled by the elders of the Church, and let them readily yield to their decision. Tertullian Apol. c. 1 : If a Christian is accused [before a secular judge] he offers no defence. Cyprian, Testimonies against the Jews, a.d. 255, Lib. in. c. 44 ; Concil. Antioch. a.d. 341, Can. 12 ap. Gratian Cans. xxi. Qu. v. c. 2, forbids a condemned presbyter to appeal to 256 Sho7't Manuals of Canon Law. be had from spiritual judges (i^). They are also held liable in conscience for all profits made out of their spiritual position (i*), and formerly the Church was deemed to be the heir of every bishop who died intestate (^^). the emjieror, and Can. 11, IhixL. Cans, xxiii. Qu. viii. c. 27, forbids a bishop to do the same without the metropohtan's leave. Apost. Const, ii. 46 ; Concil. Const, a.d. 382, Can. 6 ; Concil. Carthag. in. a.d. 397, Can 9, Ihid. Cans. XI. Qu. 1. c. 43 : Whatever bishop, presbyter, or deacon when charged with a crime seeks to clear himself before a secular judge, let him lose his position. Stat. Eccl. Antiq. a.d. 505, Can. 87 ; Concil. Chalcedon a.d. 451, Can. 9, IUqI. c. 46 ; and in Decret. Lib. ii. Tit. ii. c. 1 : If any clerk hath a suit against another clerk let him not leave his own bishop and run to the secular court of justice, but let him first try the question before his own bishop. Concil Aurel, iii. a.d. 524, Can. 4 ; Martin Brae. a.d. 572, c. 5 ; Concil. Tolet. in. a.d. 589, Ihid. Cans. xi. Qu. 1. c. 42 ; Egbert's Excerpt 16, a.d. 740 : That no priest sue in the secular courts, relinquish- ing his own law. Decret. Lib. ii. Tit. ii. c. 12, and Lib. i. Tit. xxxvii. ; Const. 4 Thorsby, a.d. 1363, enumerates among greater crimes : When a clerk sues in the secular judicature in contempt of the ecclesiastical judge. Hooker vili. 8, 9 : If the cause be spiritual, secular courts do not inter- meddle with it. Boldly and lawfully we may refuse to answer before any civil judge in a matter which is not civil, so that we do not mistake the nature of the cause or the court. It should nevertheless be borne in mind that in this country a bishop has been known to condemn a perfectly innocent man without a hearing of any kind, because the latter refused before a secular judge to defend himself against irrelevantly introduced insinuations of misconduct otherwise than by a simple denial upon oath. (13). In Acts XXIII. 11 St. Paul is compelled to appeal to Caesar. Concil. Aurel. I. a.d. 511, Can. 8 ap. Gratian Cans. ii. Qu. vii. c. 20, allows a secular court to be applied to against a bishop on a purely temporal matter, provided no charge of crime is made against the bishop. Edward's Law 7, A.D. 1064 : If the guilty person despise the bishop's sentence, let complaint of it be brought to the king after forty days. Lynd. 278 says that to obtain redress for a private wrong application may Ije made by a clerk to a temporal judge, and also, p. 264, when redress cannot be had from a spiritual judge. So also Craisson, § 276. (14). Concil. Carthag. in. a.d. 397, Can. 49 ; Codex Eccles. Afric. 32 ; Concil. Lat. in. a.d. 1179, Can. 15, in Decret. Lib. in. Tit. xxvi. c. 7 ; Alexander in. lUL c. 9 and 12, and Tit. xxv. c. 1-5. (15). Concil. Tarracon. a.d. 516, Can. 12 ap. Gratian Cans. xii. Qu. v. c. 6 ; Concil. Altheim in Decret. Lib. in. Tit. xxvn. c. 1, says the same of a presbyter. Privileges and Duties of Order. 257 •i. To entitle them to these spiritual privileges in any part of the Church other than that to which they belong, it is necessary for them to have letters commendatory from their own bishop (^^''), and by mediaeval rule to have also a proper clerical tonsure and dress (^"). By the rule of the Gth century those who come from parts beyond sea ought also to bring testimonials bearing the signatures of five bishops i^'^). The General Duties of Orders. 5. The duties of order include (1) the general duties of all ordained persons, (2) the special duties of those in holy orders, and (3) the particular duties of each degree in order. The general duties of all ordained persons are the same as those of all baptized persons, but in a higher degree, and consist in not being ashamed of Him whose service they have entered, but (16). Apost. Const, il. 58 ; Concil. Carthag. i. Can. 5, a.d. 348, ajj Gratian i. Dist. lxxi. c. 6 ; Leo Epist. 82, c. 9, a.d. 446, Ibid. Cans. xix. Qu. II. c. 1 : Let no one receive a strange clerk against his bishop's will. Concil. Chalcedon a.d. 451, Can. 13, IhiL c. 7 : Strange clergy and readers should by no means otiiciate in any other city without letters commendatory from their own bishop. Concil. Antioch. a.d. 341, Can. 7 : No strange clerk ought to be received without letters in proper form. Concil. Agatli. A.D. 506, Can. 52 : Let no one give the communion to a presbyter, deacon, or clerk who goes about without his bishop's letters. Concil. Hertford A.D. 673, Can. 5 : That no clerk leaving his bishop go up and doAvn at his own pleasure, nor be received wherever he comes without the com- mendatory letters of his bishop. Concil. Kemens. a.d. 625, Can. 12 : That no clerk be received who goes about without liis bishoj^'s letters. Egbert's Excerpt. 60, a.d. 740 ; Concil. Chelsea a.d. 747, Can. : That none presume to receive a presbyter or deacon from the diocese of another without a reasonable cause and letters commendatory. Decret. Lib. i. Tit. xxii. (17). Const. 20 Boniface, a.d. 1261 : All who would enjoy clerical privilege must be decently clipped and have a shaven crown. (18). Pseudo-Isidor. ap. Gratian i. Dist. xcviii. c. 1, 12 : Let no man receive to clerical honour any from lieyond seas unless they bring with them a testimonial signed by iive bishops. Gregory Ihid. c. 3 : Let no Africans be received to orders, because many Africans are Manichaeans and have been rebaptized, and many strangers in minor orders have pre- tended to have a higher degree. 258 Short Manuals of Cation Law. confessing Him before men (^^), and in seeking to advance the Kingdom of God in the world by every good work {^^). 6. To show that they are not ashamed of Him whose service they have entered, it has been usual for clergy, ever since the days of persecution were over, to wear their hair closely trimmed, and not to allow the beard to grow unkempt (2^). This trimming of the hair appears to have originated by way of protest against the mundane habit of wearing long hair (^^), and (19). See Baptism, § 29. (20). Syn. Rom. a.d. 826, ap. Gratian Cans. v. Qu. iii. c, 3 : The bishops and all the clergy are appointed only for the glory of God, and the per- formance of every good work. Can. 4 Odo, a.d. 943 : We admonish pres- byters that they teach their people by their good example in the holy habit, and instruct and inform them by their holy doctrine that their conversa- tion excel the manners of the people in all goodness and modesty, that they who see them walking apparelled according to the dignity of the priesthood may with good reason speak commendably of their habit. Concil. Lat. it. A.D. 1139, Can. 4 ap. Gratian Cans. xxi. Qu. iv. c. 5 : Let bishops and other clergy, both in their state of mind and habit of body, seek to please God and man, and neither by the superfluity, cut or colour of their garments, or by their tonsure, give offence to the sight of the beholders. Const. 5 Zouche, A.D. 1347. (21). Cyprian de Laps. c. 6, speaks of it as a crime in a confessor to deface his beard, c. 30 : It is written [Lev. xix. 27] ye shall not mar the figure of your beard ; yet he plucks out his beard and dresses his hair. Clem. Alex. Paedag. iii. 11 ; Stat. Eccl. Ant. a.d. 505, Can. 44, introducing the Roman court custom : Let no clergyman sufl'er his hair or beard to grow (nutriat). Apost. Const. 1, 3 : Do not permit the hair of the face to grow too long. Concil. Agath. a.d. 506, Can. 20 ap. Gratian i. Dist. xxiii. c. 22 : Let clerks who let their hair grow long be clipped by the archdeacon, even against their will. Concil. Barcinon. a.d. 540, Can. 3 : Let none of the clergy wear long hair (comam nutriat), nor shave (barbam radat). Concil. Brae. i. A.D. 56, Ibid. c. 32 : Nor ought clergy to let their hair grow long. Concil. Brae. II. a.d. 572, Can. 66 ; Gregory ii. a.d. 731, Ibid. c. 23 : If one of the clergy let his hair grow long, let him be anathema. Egbert's Excerpt. 151, A.D. 740. Concil. Westminster a.d. 1175, Can. 4, orders clergy neglecting the tonsure to be clipped by the archdeacon. Concil. Ebor. a.d. 1195, Can. 10 : Let them who have no benefices be clijaped by the archdeacons or [rural] deans. Const. 30 Langton, a.d. 1222, orders the clipping to extend to the officials of archdeacons. Const. 2 Stratford, a.d. 1343, censures those who neglect the tonsure. (22). Edgar's Law 47, a.d. 960 : That no clerk cover his tonsure nor Privileges and Duties of Order. 259 was practised by penitents as a mark of affliction (^3). In the third century it was adopted by monks in their endeavours after a life-long penance (-■*), and passed from the monks to the clergy in the fourth century, when it became known as the tonsure. The earlier tonsure, however, at least of the clergy, consisted in restraining the exuberance of hair and beard, not in shaving the pate (-•^) ; and the head thus clipped was formerly called the crown (-'^), and those who wore it the crowned ones (-"). 7. In the sixth century the practice of shaving parts of the head so as to leave only a crown of growing hair had become general among the clergy, being probably also derived from the monks (-^). Of this crown there were two forms : (1) the semi- permit himself to be misshorn. Concil. Westminster a.d. 1102, Can. 12 : That the crown of clergymen be visible. (23). Lingard's Anglo-Saxon Church i. 54. (24). Wihtraed's Dooms 8, a.d. 696 : If a shorn man [i.e., a monk] irre- gularly wander al;)out, let entertainment be given him for one niglit but no longer, unless he have a license. (25). Hieronym. in Ezekiel 13, vol. v. 547 : It is clearly shown that we ought not to have shaven heads like the priests of Isis and Serapis, nor yet long-flowing hair like the barbarians and military men, but that the honest habit of presbyters may be manifested in their appearance. Optatus Milev. contra Parmen. Lib. li. p. 54 : Where is the command to shave (radere) the head of priests, when on the contrary so many examples are forthcoming to show that it ought not to be done ? Egbert's Excerpt. 151, A.D. 740 : If any Catholic cut his hair after the manner of the barbarians, let him be deemed an alien from the Church of God. (26). Hieronym. ap. Gratian Caus. xil. Qu. 1. c. 7 : The clergy are kings exercising kingship over themselves and others in good works. . . . And of this the crown on the head is a token. This crown they wear according to the custom of the Roman Church, as a sign of the kingdom which they expect in Jesus Christ. Concil. Ebor. a.d. 1195, Can. 10 : We ordain that clergy who have received the crown from the bishop do preserve their crown and tonsure. If out of contempt they do not, let them be compelled to by deprivation of their benefices. Information of Hugo de St. Victor, ap. Maskell Mon. Rit. li. 237. (27). Cod. Theodos. de Episc. et Cler. Leg. 38 ; Devoti Inst. Lilx i. Tit. I. § 11. (28). Hallierus de Sacr. Elect, et Ordin. Pars. in. sec. 8, c. 9, vol. iii. 518. Romae, 1740. 2G0 Short Mantials of Canon Law. circular or crescent-shaped, in which the hair at the back was left uncut, so that there was only an incomplete crown — this form of the tonsure is said to have been first used in Ireland (-^) — and (2) the circular or Roman tonsure, which con- sisted in shaving the pate of the head and cutting away tha hair below, leaving a perfect circle of growing hair Q^). The Roman form superseded the semicircular tonsure in Ireland in the seventh, and in this country in the eighth centiiry (^^). 8. All clergy are, moreover, required to wear a becoming clerical dress, as well in private life as in j^ublic ministrations. Since an early time in the Gallican and Eastern Church (^2), and (29). Gildas, a.d. 570, in Haddan & Stubbs i. 113 : The Romans say that tlie tonsure of the Britons has its origin from Simon Magus, whose tonsure extended only to the anterior part of the head, from ear to ear. . . . Patrick's discourse alleges that the author of this tonsure was the swine- herd of King Loigar, son of Neil. Concil. Tolet. a.d. 633. Can. 41, Ibid. il. ] 00, mentions a Spanish tonsure which consisted in shaving a moderate circle on the top of the head, and letting the lower part of the hair grow Ijehind. (30). Martin of Tours de Gloria Martyr, i. c. 28, states that St. Peter in- stituted the tonsure. Lynd. 64 : The crown is a sign of a kingdom and perfection [see Hieronym. quoted note 26], and it is formed by shaving the hair on the top of the head, and cutting the hair away round the lower part, so as to exjiose the ears [Martin, a.d. 561, ap. Gratian i. Dist. xxiii. c. 32], leaving a circlet of hair, which is called the crown. This form of tonsure was not universal in England before a.d. 768. See Haddan and Stubbs I. 154. Const. 20 Boniface, a.d. 1261 : That bishops in their synods, and archdeacons in their chapters, and chaplains of parochial churches do thrice every year denounce to all who would enjoy clerical ]Drivilege that they must be (1) decently clipped, and (2) have a shaven ci'own. . . . And let them not be ashamed to bear the marks of Him who, for their sakes, wore a crown of thorns. Const. 5 Othobon, a.d. 1268 ; Const. 21 Peckham, a.d. 1281 : The crown is a distinguishing mark of a soldier of the Church. Decret. Lib. iii. Tit. 1. c. 7, and Lib. v. Tit. xxxiii. c. 27 ; Clem. Lib. in. Tit. 1. c. 2 ; Lynd. 119. (31). Gregor. Lib. i. Epist. 25 ; Lib. vii. Ep. 10 : Let them clip their head all round, so that temporal cares, in as far as they are necessary, may stand out and forthwith be cut away when they become superfluous. H. and S. i. 108 state that the Roman tonsure was adopted in the south of Ireland in 630, in Korth Ireland in 704 a.d., and in this country in 768 A.D. (32). TertuUian de Pallio says that the mantle (pallium) is a sign of Privileges and Duties of O^^der. 'J 61 since the seventh century at Home (■^^), tliis dress has been distinct from that of laymen. In other parts of the Churcli the ascetias. Origen in Euseb. vi. 19 relates that, in a.d. 200, Heraclas, a presbyter of Alexandria who had before used a common dress, assumed the pliilosopher's mantle (ixxllium), and retains it even now. Socrates in. 24, relates that the philosophers under Jovian laid aside their mantles (pallia). Concil. Gangra, a.d. 355, Can. 12 ap. Gratian i. Dist. xxx. c. 15 : If any man thinks it in accordance with the holy vow (i.e., of consecration) to wearamantle (pallium, TrepLiSSXaiov), as though he would thereby obtain sanctity, and de- spises or condemns others who wear with reverence shej^herd's cloaks ( ? ^vpoi, berrhae) and other common garments, let him be anathema. Socrates il. 43, says that Eustathius, Bishop of Sebaste, a.d. 359, wore the philosopher's mantle. Coelestin. a.d. 430, Ep. 4 ad Episc. Prov. Vienn. ap. Constantium, p. 1067, and Jaffe 369, blames the Galilean clergy for wearing a mantle and girdle, as being contrary to ecclesiastical [sc. Eoman] use : " We must be distinct from the peojile in doctrine, not in dress (veste) ; in conversation, not in costume (habitu) ; in purity of mind, not in decoration (cultu) of the body." Salvianus de Gubernat. iv. c. 7, in the fifth century : Some of your sons, under the guise (sub titulo) of religion, act contrary to religion, and seem to have given up the world in dress (habitu) rather than in sentiment (sensu). Stat. Eccl. Ant. a.d. 505, Can. 45 ap. Gratian i. Dist. XLi. c. 8 : Let a clerk prove his profession by his walk and conduct, not seek honour from his garment and his shoes. Concil. Agath. a.d. 506, Can. 20 : Let no clerk wear garments or shoes except such as become religion. Concil. Matiscon. a.d. 581, Can. 5 ; Gregory of Tours, a.d. 594, Hist. Franc, v. 14 : Merovechus received the tonsure, and, his dress being changed for that which presbyters usually wear, was ordained. Concil. Trulh A.D. 692, ap. Gratian Cans. xxi. Qu. iv. c. 2 : Never let a clerk wear an unbecoming dress, whether dwelling at home or walking abroad, but wear a close-fitting outer garment (o-toXt?), reaching to the ankles, such as is allowed to clerks, or else let him be suspended for a week. Duchesne 366 ; Concil. Tolet. iv. a.d. 633, Ibid. Cans. xi. Qu. iii. c. 65, speaks of the outer garment (planeta) and stole (orarium) as being the distinctive dress of a presbyter. The usual name for the outer garment in the Galilean Church was, according to German\;s, a.d. 555, casula or casulis ; the Roman name for it planeta ; the Greek (XToXifi or ry diSauKaXig. ; Concil. Tolet. VIII, A.D. 653, Can. •8 : It is the business of presbyters to teach others, and to set them an examjile of life and manners. Concil. Clovesho, a.d. 747, Can. 1 and 8 : That others, by the example and advice of presbyters, may be incited to the service of God. Egbert's Excerpt 3, a.d. 740 : That on all feast and Lord's days every presbyter preach Christ's gospel to the poor. Elfric. Can. 23, a.d. 957 ; Edgar's Law 52 and 66, a.d. 960 : That every priest both teach well and give a good example ; Cap. 28 Theodulf, a.d. 994. Innocent ill. in Decret. Lib. ill. Tit. 1. c. 10 ; Const. 10 Langton, a.d. 1222 : We strictly command parochial incumbents to feed the people with the word of God as God inspires them with it, lest they be justly thought dumb dogs. Const. l. Arundel, a.d. 1408 ; Lynd. 288 says : By written law or by special privilege, Can. 50, a.d. 1603. (131). 13 Eliz. c. 12 sec. 6 ; Ayliffe 354. (132). Luke xii. 41-43; sxii. 29: I appoint unto you a kingdom. 282 Short Manuals of Canon Law. it the discipline which makes for holiness. They include (1) giving or withholding the communion and other sacraments, (2) imposing canonical punishments (^^), and (3) as a neces- sary consequence deciding controverted points of faith and morals (13*). These duties belong to the presbyterate collec- tively. The single presbyter's commission is confined to the private administration of them within prescribed limits (^^o-)^^ and is therefore said to be a commission of the inner tribunal only. Col. I. 13 ; Rev. I. 9 ; 1 Tim. v. 15 calls them oi Trpoecrrwrej ■Kp^G^impoi. Tit. I. 7 : Oiov olKoud/Movi. In Acts xx. 28 the presbyters of Miletus are exhorted to feed {iroifialveiv) the flock. Iren. iii. 3, 1 says that the Apostles- delivered up their own place of government to the presbyters, to whom they committed the Churches. Cyprian Ep. 54 (Oxf. 59), 5 : Priests, that is God's stewards, are ordained by His decree. Ibid. § 20, speaks of the distinguished clergy who preside with Cornelius at Rome. Id. adv. Judaeos in. 66 : I will give to you shepherds according to Mine OAvn heart, and they shall feed the sheep, feeding them with discipline. In Apost. Const. VIII. 16 the ordainer prays that the presbyter "may help and govern Christ's people with a pure heart ;" vni. 44 : The presbyters and the deacons are those of authority in the Church next to God Almighty and His beloved Son. Hieronym. quoted above, note 26 ; Isidor. Sent. III. 33-37. The Gallican ordination-prayer ap. Duchesne, p. 345, asks " that they may exercise a censorship of morals by the example of their own conversation." Concil. Aquisgran. a.d. 806, Can. 8 : To presbyters equally with bishops is committed the dispensation of the mysteries of God. (133). 2 Cor. V. 18 ; X. 8 ; 1 Tim. i. 20 ; Tertullian Apol. c. 39 : Casti- gations and sacred censures are administered. With great gravity is the work of judging done as before qualified (certos) persons [deputed] from the face of God. (134). Luke x. 16. (135). Concil. Elib. a.d. 305, Can. 32 reserves to bishops the giving of penance for greater crimes. Concil. Carthag. ii. a.d. 390, Can. 3 and 4 ; Concil. Hippo A.r). 393, Can. 30, only allows a presbyter to admit to com- munion in case of necessity. Pseudo-Alcuin ap. Hittorp. p. 50, allows a deacon to give penance where there is no presbyter, but declares that to bishops or presbyters have been given the keys of the kingdom of heaven. Rabanus Maur. De Cler. Inst. ii. 30 declares a bishop or presbyter to be the minister of private penance, but the bishop, or the presbyter by order of the bishop, the minister of public absolution. Lynd. 335. Privileges and Defies of Order. 283 The Episcopatk. 21. Two views are current as to the relation of the episco- pate to the presbyterate. According to one, the full power of order, i.e., the spiritual gift necessary for the government of the Church, resides in the presbyterate equally with the episcopate, and presbyters collectively have succeeded to the place of the apostolic college i}^^). Since, however, according to Roman law, the act of any member of a college was deemed as authoritative as the act of all, to prevent lawlessness and confusion, the power of order was generally placed under restraint and concentrated for exercise in certain chief presbyters or bishops i}^^), who are (136). Ignat. ad. Magnes. c. 6 : Your bishop presides after the likeness of God, and the presbyters after the likeness of the council of the apostles ; ad Trail, c. 3 and 4 : Reverence the presbyters as the Sanhedrim of God and assembly of the apostles. Id. ad Smyrn. c. 8 : Follow the presbyterate as the apostles. Iren. iii. 3, 1, quoted note 132; iv. 26, 2 : Even the presbyters who possess the succession from the apostles. A post. Const. II. 26 : Let the presbyters be esteemed by you to represent the apostles. Cyprian Ep. 68 ; Pontius, Vita Cypriani c. 5, says that Cyprian was advanced simultaneously to the office of the priesthood and the degree of the episcojjate. Damasus, in Lib. Pont. p. 49, writes to Jerome : Pray for us, brother and fellow-priest. Hieronym. ap. Gratian i. Dist. xcili. c. 24 : The apostle teaches that presbyters are the same as bishojjs. . . . Presbyter and bishop (overseer) are names of age and dignity respec- tively. Concil. Aquisgran. a.d. 806, Can. 8 : To presbyters equally with bishops is committed the dispensation of the mysteries of God. Only because of the authority of the supreme priesthood is the ordina- tion and consecration of clerics reserved, lest discipline exercised by many should resolve concord. Bernaldus of Constance, a.d. 1088, De Presbyt. Offic. Tract, ap. Giesseler, § 30 : Presbyters and bishops were anciently the same, and had the same power of binding and loosing, and other things now peculiar to bishops. But when they were restrained by epis- copal excellence, that became unlawful which was lawful before. (137). Apprehending the lawlessness of the last days (2 Tim. iv. 6-8), St. Paul, in the latter days of his life, desired to stir up the gift of government by focussing it to prevent divisions. Clem. Ep. 1 ad. Cor. c. 42, 44 ; Hieronym. ap. Gratian I. Dist. xcv. c. 5 : Formerly presbyter meant the same as bishop. . . . But when each one said those whom he baptized were his and not Christ's, it was universally decreed that one selected from among the presbyters should be placed over the rest, to 284 Sho7't Manuals of Cano7i Law. now alone regarded as having succeeded to the full authority of apostles to represent Christ (^^^). According to this view, the episcopate is an accession of authority and a position of honour which has been introduced into the Church by Divine appoint- ment (^3^) to uphold unity (^*''), but not an order having a whom the care of the whole Church should belong. . . . As, therefore, presbyters know that by the custom of the Church they are subordinate to him who is placed over them, so should bishops know that they are superior to presbyters by custom rather than the truth of the Lord's dispensation, and that they ought to govern the Church in common, Elfric. Can. 17, a.d. 957 : There is no more between a bishop and a presbyter but that the bishop is appointed to ordain and to bishop children, and to hallow Churches, and to take care of God's rights. Lancelotti Inst. Jur. Canon, i. Tit. xxi. c. 3 : When many presbyters were constituted in every Church, for a remedy of schism it came to pass that one was chosen to be set above the rest. Euseb. x. 4 ; Apost. Can. 40 : Let not the presbyters and deacons do anything without the bishop, for it is he who is intrusted with the Lord's peoi^le. (138). In 2 Cor. li. 5-11, St. Paul forgives, in the person of Christ, the sin he had retained. Ignat. Trail, c. 2 : When ye are subject to the bishop as to Jesus Christ, ye appear not to live after the manner of men. Cyprian Ep. 41 (Oxf. 45), 3 : Unity [was] delivered by the Lord and through His aj^ostles to us their successors. Id. ad. Firmilian. Ep. 75 applies the words. He that heareth you, &c., to the apostles, and " hereby to all presidents who succeed to the apostles by vicarious substitution (vicaria ordinatione)." Euseb. I. 1 : It is my purpose to record the successions of the holy apostles ; III. 4 ; and v. 20, and i. 12, calls them apostles, in imitation of the twelve, such as PauL Hieronym. Epist. 41 : With us, bishops hold the place of apostles. ConciL Carthag. vii. in Routh. Rel. Sacr. lii. 130 : The mind of our Lord Jesus Christ is manifest, who sent His apostles and gave to them alone the power which He had received from His Father, to whom, by the same power, we have succeeded, governing the Church and baptizing the faith of believers. Pseudo-Isidor. ap. Gratian. Cans. li. Qu. vii. c. 38 : The apostles and their successors have decreed. Urban, ii. Ihii. i. Dist. Lxviii. c. 6 : Whose place bishops hold in the Church, Augustin has shown when he said : Instead of fathers thou shalt have sons [Ps. XLV. 16]. The apostles were sent as fathers. Instead of the apostles we have sons, i.e., bishops have been appointed. Innocent, iii. in Decret. Lib. i. Tit. xv. § 7. (139). Ignatius Phil. 7 : The Spirit proclaimed these words, "Do noth- ing without the bishop." Id. ad. Ephes. 3 : Bishops settled everywhere, to the outmost bounds, are so by the will of Jesus Christ. Ihid. c. 6 : We should look upon the priesthood (episcopate) even as we would upon the Privileges and Duties of 0)der. 285 distinct sacramental character (i^^). The other view considers that the full power of order resides only in the episcopate, from which it must follow that the presbyterate is an imperfect sacra- mental order, 22. The historical evidence seems to show that in apostolic times the government of the Church was committed to two sets of officers — (1) those who had a universal commission, consisting of the apostles themselves and other apostolic men, variously called in the New Testament apostles, prophets, teachers and evangelists Q-'^'^') ; and (2) those who had only a Lord Himself. Ihid. ad. Trail. 13 : Submit yourselves to the bishop as to^ the commandment. Id. ad. Magnes. c. 6 : The bishop presides in the place of God. Hilary, a.d. 375, Quaest, in Nov. Test. c. 1 : Because all things are from God, lie hath decreed that each Church should be pre- sided over by one bishop, Albinus Flaccus de Div. Offic. ap. Hittorp. 72, calls the episcopate praecelsior locus honoris and major gradus. (140). Cyprian Ep. 55, 24 : As there is one Church of Christ diffused over the whole world in many branches, so there is one episcopate of many bishops diffused in number but concordantly agreeing, (141), Peter Lombard, Thomas Aquinas, Bonaventura, in 4 Sent. Dist. 24, say so expressly. Also Lynd. 119, 309 : Episcopatus non est ordo quoad sacramentum, 222, who also states, 153, that sacramental order does not include bishops, because bishops constitute an order of jurisdic-: tion, Morinus de Sacr, Ord. Pars, ill. Exer. 3, c. 1 : The Council of Trent Sess. xxiii. c. 7 declares the ej)iscopate to be a character, but as Lynd, 117, Benedict xiv., and Craisson, § 6596, point out, the character is the same character as that given in the presbyterate, given in the presbyterate as a potestas ligata, and in the episcopate unbound, so that the episcopate is the extension and completion of the presbyterate as to authority, but not as to spiritual capacity. Beveridge, Codex Can. II. c. 11 ; Devoti Lib. I. Tit. li,, § 13 ; AylifFe 114 ; Liebermann vi. 819, Perrone Praelect. Theol. 1845, p. 267 : If a degree in the presbyterate comes under the name of order, the episcopate is a sacramental order ; but if by order the rite of bestowing the presbyterate is understood, the common opinion of the scholastic doctors is that the episcopate is not an order distinct from the presbyterate. Cavagnis ii. 101. (142). In Acts XIII, 2, prophets and teachers appear as conducting worship (KeLTovpyovvTuv avrCiv)^ Ananias as baptizing (Acts ix, 18), In AiSai^X, XIII. and xv. 2, proj^hets appear as travelling instructors, who have liberty, if they choose, to settle in any Church, and to whom the first-fruits are, in that case, to be paid, for the maintenance of them- selves and the poor. Quadratus is called a prophet by Euseb. iii. 37, v. 17 ; 286 Short Majiuals of Canon Lazv. local commission, the presbyters and deacons of each city Q^^). To both of these classes was committed the full power of order necessary for the government of the Church (}^^), yet so that being committed to them collectively, the local officers were subject to the supervision of those holding the universal com- mission. On the death of the apostles and other primary holders of the universal commission, their lower duties appear to have been discharged by the various members of the local colleges; the presbyters becoming local teachers, the deacons local evangelists, and readers succeeding to the lower duties of the prophet's office Q^^). 23. The higher duties of the prophet's office, including the general supervision of all the Churches and the guardian- ship of their external as opposed to their internal relations, appears to have been placed under the charge of a few leading presbyters Q^), such as Clement, Ignatius, and Polycarp, each Iren. iv. 33, 6 ; ii. 32, 4. When Clement wrote to the Church of Corinth in A.D. 98, it appears to have had no single local bishop of its own. On the other hand, Ignatius, in 112 a.d., writes to the Churches of Asiatic towns to obey their bishops. Euseb. in. 37 speaks of evangelists having the prophetical gift, and relates how those who "held the first rank in succession to the apostles " travelled about teaching everywhere. (143). Phil. I. 1 ; Titus I. 5-7. Duchesne, Pastes Episcopaux, p. 36. (144). AtSaxTj, 15. 1 : Elect for yourselves overseers {i.e., presbyters) and deacons worthy of the Lord, ... for they, too, minister to you the ministry of the prophets and teachers. (145). Ignatius ad Phil. 7 claims to have received a revelation from the Spirit. Martyrdom of Polycarp c. 16 calls him "an apostolic and prophetic teacher and bishoj) of the Catholic Church." The reader's office is derived from the prophet's by all the canonists. See below, § 45. The deacon still retains his function of reading the Gospel. (146). These appear to be " the rulers," as distinct from the presbyters of Clem. I. Cor. 1 and 21, the vyovfievot of Acts xv. 22 and Heb. xill., the irpo-qyoiixevoL, as opposed to the irpwroKadedpiTai (presbyters) of Hernias Vis. III. 97 ; the distinguished (iWdyifjioi) men as opposed to the approved (SeSoKi/j.acrix^i'oi) men of Clem. I. 44 : The apostles appointed the afore- said [presbyters and deacons], and subsequently instituted a means of continuation {l5uKav iTTLvo/x-^v), in order that when they fell asleep other a>pproved men might succeed to their ministry. Teaching of Addaeus, p. 29 : When the apostle Addaeus fell ill of the sickness of which he Privileges and Duties of Or tier. 287 of whom supervised those parts of the Church with which he was more immediately brought into contact. Ultimately a representative from every presbyteral college was associated in the work of oversight, and, by way of safeguard against Montanist errors, received a solemn imposition of hands dis- tinct from that given to presbyters in general (^^'^), whereby he was authorised to represent the apostolic college to those to whom he was sent, and received an extension of the gift he already possessed to enable him so to do. These repre- sentative presbyters being too modest to assume for themselves the title of apostolic presbyters, were then exclusively called supervisors or bishops Q^^) and rulers (rectores) (^*9). After- departed from the world, he called for Aggaeus, and made him guide and ruler in his stead. Teaching of the Apostles, Can. 5, p. 39 ; Can. 17, p. 41 and 45 : After the death of the apostles there were guides and rulers in the Churches, and whatsoever the apostles had committed to them they continued to teach. Clement, as a ruler (Clem. Strom. IV. 17 calls him apostle), rebukes the Corinthians, who had only pres- byters and deacons over them. Polycarp, as a ruler (Irenaeus in Euseb. V. 20, calls him apostolical presbyter), exhorts the Philippians, who also had no bishop of their own. Ignatius calls himself Bishop of Syria (Rom. 2, Eph. 21, Magn. 14, Trail. 13) as well as Bishop of Antioch ; and Irenaeus appears to have been the ruler for the Churches of southern Gaul (Euseb. v. 23). Isidor. de Offic. ii. 5 says bishops were first appointed in the seats of ajiostles. (147). Cyprian Ep. 51 (Oxf. 55), 24 : He who neither maintains (1) the unity of the Spirit, nor (2) the bond of peace, but'separates himself from the bond of the Church, and from the assembly of bishops, can neither have (1) the power nor (2) the honour of a bishop. Pseudo-Ambros. in 1 Tim. III. 10 says that originally the ordination of bishops and presbyters was the same. " Both are priests, but the bishop is the first, and he is the bishop who is first among presbyters. (148). Theodore of Mopsuestia, in 1 Tim. iii. 8, says that those who in after times were called bishops were at first known as apostles. When their number was multiplied they were unwilling to place themselves on an equality with apostles, and took to themselves the name of bishops, — a name formerly shared by the presbyters. Euseb. iii. 23 calls the bishop the presbyter. Amalarius de Eccl. Offic. ii. 13 says that they would not arrogate to themselves the name of apostles, and hence were called bishops. (149). Pseudo-Ambros. de Dign. Sac. c. 2 ; Bishops are called rectors because the sheep are intrusted to them to be governed. 288 Short Mamials of Canon Law. wards, following the precedent set by St. James at Jerusalem,, the moveable episcopate was everywhere localised (^^°), in the East this higher authority being distributed among three grades of supervisors, viz. bishops, metropolitans and patriarchs (^^^) ; in Spain, among four, viz. bishops, metropolitans, archbishops and patriarchs (^^-). The Eoman Church, refusing to acquiesce in any localisation which would exclude its president from sharing the supervision of the whole Church, has always treated all bishops, metropolitans, and patriarchs as co-ordinate members of one episcopal college, of which the Eoman bishop is the head and chief Q^^). 24. Whatever view may be held as to its origin, there can be no doubt that the episcopate stands at the apex of the presby- terate( ^^*). A bishop is therefore called the light of the body and (150). Socrates v. 8 : Then too [a.d. 381] patriarchs were constituted, and the provinces distributed, for this had been indiscriminately done before because of persecution. Concil. Chalcedon, Can. 2, a.d. 451, forbids any one to be ordained without a local sphere (dTro\fXviJ.ivws). The system of unattached bishops, probably derived from the Roman Church, appears to have been longest kept up in Ireland (as late as 1141 a.d.) and Scotland. Anselm writes to a titular King of Ireland in Todd's St. Patrick, p. 2, 4 : In your country bishops are chosen anywhere, and appointed without any definite localisation. Apparently Hippolytus, in 220 a.d., was an unlocalised bishop. Lightfoot, Ignatius i. 377, calls them a moveable episcopate. (151). Denzinger i. 116 ; li. 33 ; Rabanus de Cler. Inst. I. c. 5. (152). Isidor. Etymol. vii. 12 ; Rabanus de Cler. Inst. c. 5 says that archbishops and metropolitans are the same. (153). Cyprian Ep. 54 (Oxf. 59), 14, calls Rome " the chair of Peter and the chief Cliurch, whence episcopal unity takes its source." (154). Augustin ap. Gratian Cans. ii. Qu. vii. c. 34 : According to the use of terms in the Church, the episcopate is higher than the presbyterate, Cyprian Ep. (Oxf. 17), 2 : Reserving to the bishop the honour of his priest- hood and his dignity. Concil. Nic. a.d. 325, Can. 8, speaks of t6 d^iu/xa TTjs iirtcTKOTrTjs. Apost. Const. II. 26 ; in. 11, 20 ; Concil. Sardic. a.d. 347, ap. Gratian i. Dist. lxi. c. 10, calls it culmen episcopatus ; Zosimus, a.d. 418, Ibid. I. Dist. Lix. c. 2, fastigium presbyterii ; Id. Ibid. i. Dist. xcvi. c. 14, § 6, pontificalis apex ; Leo, a.d. 446, Ibid. i. Dist. Lxxx. c. 4, dig- nitas et sacerdotale fastigium ; Concil. Chalcedon a.d. 451, Can. 29, distinguishes the d^ia riit iiricrKoirrjs from the iepuavvrj. Gregory, A.D. 601, Privileges and Duties of Order. 289 the eye of the Church (^^^). By virtue of this position he lias a double set of duties to perform (i-^^>) — (l)those which belong to him in common with all presbyters,includingduties of intercession(^'''''), Ihid. Cans. IX. Qu. 1. c. 6, distinguishes locus from ordo ; likewise Alexander III. in Decret. Lib. i. Tit. xill. c. 1 distinguishes locus from diguitas. (155). Pseudo-Ambros. de Dign. Sac. c. 6. (156). An Anglo-Saxon writer, quoted in Lingard's Anglo-Saxon Church I. 97, thus descrilies the daily work of a bishop : In the first jilace of right, his prayers, and then his book-work, reading or writing, teaching or learn- ing ; and his Church-hours at the right times, always in the manner that thereto belongeth ; and the washing of the feet of the poor, and the dealing out of alms, and the ordering of work where it may be needful. Also good handicrafts l)efit him, that men in his family may practise crafts, at least that no one may dwell there idle. Moreover, wisdom and wariness always befit bishops, and that those have worthy ways who follow them, and that they know some separate craft. Nothing that is needless becometh bishops, nor deceit, nor folly, nor excess in drink, nor childishness in talk, nor idle buffoonery in any wise, neither at home nor on the road, nor in any place ; but wisdom and wariness becometh their station ; and good behaviour is the duty of them that follow them. Dunstan's letter to "Wulfsine, in Mabil. Act. Sanct. p. 239 : Be of good courage, brother, and boldly fulfil the work of the Lord, so as to save the souls of many. Let not thy tongue cease to preach, nor thy hand to work, nor thy foot to visit thy flock. Give alms abundantly, and raise up everywhere the holy Church of God. Be thou a pattern of salvation to all men, an example of most holy life, a source of comfort to the afliicted, and of counsel to the doubtful. Show forth in thy conduct the vigour of discipline, the confidence of truth, and the hope of virtue. Pride not thyself on the pomp of the world ; indulge not in the pleasures of the table nor the vanity of dress ; be not deceived by the tongue of flattery. Be not as a reed shaken with the wind, nor a flower drooping under the storm, nor a falling wall, nor a house built on the sand, but rather a temple of God, standing on solid rock, and inhabited by the Holy Spirit. Craisson, § 659. (157). Apost. Const, il. 25 : Ye, therefore, O bishops, are to your people priests and Levites, ministering to the holy tabernacle, the Catholic Church, who stand at the altar of your God and offer to Him reasonable and unbloody sacrifices through Jesus the great High Priest. Ye are to the laity, prophets, rulers, governors, and kings, the mediators between God and His faithful people, who receive and declare His word. Ye are the voice of God and witness of His will, who bear the sin of all, and intercede for all. . . . For ye imitate Christ the Lord, and as He bore the sins of us all, ... so ought ye also to make the sins of the people your own. U 290 Short Majuials of Canon Law. teaching i^-'^), and government (^^^) ; and (2) those which are reserved to him because of his authority (^^^). Moreover, since the chief object of episcopal authority is to uphold unity at home and abroad, and to keep each portion of the Pseudo-Isidor. Cans. i. Qu. 1. c. 91, and Caus. iii. Qu. 1. c. 5, calls this consuming the people's sin. (158). St. Paul, 1 Cor. i. 17, says that he was not sent to baptize but to l^reach. Apost. Const, ii. 26 : The bishop, he is the minister of the word, the keeper of knowledge, the mediator between God and you in the several parts of your Divine worship. He is the teacher of piety, and next after God he is your father who has begotten you again to the adoption of sons by water and the Spirit. Gregory, a.d. 591, ap. Gratian i. Dist. xliii. c. 4 : [A bishop] would not be clear of their blood if he forbore to announce to them the counsel of God. Concil. Clovesho, a.d. 747, Can. 1 : In the front of their decrees they established it with an authoritative sanction that every bishop be ready to defend the pastoral charge intrusted to him, and the canonical institution of the Church of Christ, with his utmost endeavour, . . . and be adorned with good manners, with the abstemious virtues, with works of righteousness, and with learned studies, that so they may be able to reform the people of God by their example, and instruct them by the preaching of sound doctrine. Nicolaus, a.d. 865 : As prelates are exposed to no small risk for having kept silence for the furtherance of godliness and the correcting of the Church, so those incur no small danger who refuse to obey when they ought to. Cnut's Law 26, a.d. 1017 : Let the bishops be preachers and doctors of God's law, and they ought diligently to give in charge and exemplify men's duty towards God. Can. 3 Odo, a.d. 943 ; Const. 22 Otho, a.d, 1237 ; Lynd. 64 says that a prelate dumb in teaching is no true prelate, because he does not fulfil a prelate's duties. (159). Hippolytus Haer. Prooem : We [bishops], as participators in this grace, [1] high-priesthood and [2] office of teaching, as well as being [3] guardians of the Church. Polycrates in Euseb. iii. 31, speaks of St. John as [1] a priest wearing the sacerdotal Imnd, and [2] as a witness and teacher. Alcuin writes to Ethelherd, a.d. 793, in H. & S. iii. 474 : Your throat ought to be the trumpet of God, and your tongue the herald of salvation. . . . Your place is to stand between God and man, [1] to communicate the commands of God to the people, and [2] to intercede with God for the sins of the people. ... A bishop is [3] a general (speculator) who ought, with prudent counsel, to make provision for the whole army. Const. 2 Langton, a.d. 1222 : That every prelate sometimes hear confessions and give penance. (160). Innocent iii. in Decret. Lib. i. Tit. xv., says that the head of a bishop is anointed on account of authority, and his hands [a presbyter's hands being alone anointed in the Eoman Church] on account of his ministry and office. Privileges and Duties of Order. 291 Church in communion with the rest (^*'^), a bisliop's special duties are those which the claims of unity impose on him. He is, therefore (1), in respect of intercession, the organ for uniting and presenting to God the prayers of other parts of the Church in union with those of his own, which he does in ordaiuing (^*'-). He is (2), in respect of teaching, the local witness and keeper of the truth committed to the whole body, whence he is said to possess the gift of true knowledge or orthodoxy (^^\ (3) In respect of government he holds the place of St. Peter among the other apostles, being charged to feed the flock as the steward of the divine household (^^). As such he is the executive officer in all (161). Heriu. Vis. ii. 4, 3, is directed to send a copy of the message given to him to Clement, the bishop, who should communicate it to other cities. Cyprian de Unit. c. 5 : Which unity we ought to hold and uphold, more particularly those of us who are bishops and preside in the Church, that we may also prove that the episcopate is one and undivided. Ep. 51 (0.\f. 55), 24 : He could not hold the episcopate, since he has cut himself off from the body of his fellow-bishops and from the unity of the Church. (162). In Lacy's Pontitical, p. 79, the bishop exhorts the people to pray that God may make him worthy to be heard on behalf of the ordinands. (1G3). In Acts I. 21 St. Matthias is appointed to the apostleship, called also eTTto-KOTTT?, to be a witness of the resurrection. 1 Cor. ix. 1 ; xv. 8 ; Iren. Haer. iii. 1, 1 : It is unlawful to assert that the apostles preached before they possessed perfect knowledge ; and iv. 26, 2. Euseb. ii. 1 quotes Clement as saying : The Lord imparted the gift of knowledge to James the just, to John and Peter, after His resurrection, and they to the rest of the apostles. A«5ax^ 11,2: If [the apostle's and prophet's] teaching be to the increasing of righteousness and knowledge of the Lord, receive him as the Lord. Ep. Clem. ad. Jac. 6 : Whatever the ambassador of the Truth shall bind upon earth, is bound also in heaven. The power of the keys and the gift of true knowledge are the two things prayed for in St. Peter's ordination-prayer, according to Clem. Hom. ill. 72, and in the early Roman Ordinal in Duchesne, p. 347. (164). Ignat. ad Eph. c. 6 says of the bishop : Every one whom the Master of the house sendeth to be steward, we ought to receive as Him that sent him. Cyprian Ep. 54 (Oxf. 59), 5, says that bishops are the stewards of God, ordained by His decree. Pseudo-Ambros. de Dign. Sac. 1 ap. Migne xvii. 567 : We to whom the dispensation of the Divine word is intrusted, and who are charged to feed and nourish the flock of Christ. ConciL Aquisgran. a.d. 806, Can. 123 : Prelates owe to their subjects (1) the feeding of their bodies, (2) the feeding of their souls. 292 Short Marmals of Canon Law. matters of public discipline {^^^^, whence he is called successor of St. Peter, and is said to wield the power of the keys (^*^). 25. In applying this conception of the scope and object of the bishop's oiBce {^^"^^ to the practical administration of the Church, the following duties of order are in the Western Church generally reserved to bishops, viz. (1) the ordination of pres- byters and deacons (1^^); (2) the consecration of virgins(^^^) ; (3) (165). 1 Cor. V. ; Acts xv. ; Concil. Elib. A.D. 305, Can. 32 reserves to bishops the ottice of dealing with penitents. Firmilian ap. Cyprian Ep. 74 (Oxf. 75), 16 : The power of remitting sins was given to the apostles, and to the Churches which they founded, and to the bishops who succeeded them by vicarious ordination. (166). Cyprian Ep. 26 (Oxf. 33) : Our Lord, describing the honour of a bishop, says to Peter, I say unto thee that thoii art Peter, and upon this rock will I build ]\Iy Church, &c. Hence through the changes of times and successions the ordering of bishops . . . flows onwards, so that the Church is founded upon the bishops. Pseudo-Ambros. de Bign. Sacer. 0. 2 : All of us bishops (sacerdotes) have received in St. Peter the keys of the kingdom of heaven. Concil. Aquisgran. a.d. 806, Can. 9 : The sacerdotal order in the New Testament took its rise from Peter. To him authority was first given. Truly the other apostles were admitted to share his honour. Innocent i. ad Victricium, a.d. 404, Ep. 2 : The apostolate and episcopate takes its origin from Peter. Gildas c. 67, in H. & S. I. 75 : They install sacrilegious persons in the chair of Peter [meaning in the office of a bishop]. (167). Concil. Hispal. ii. a.d. 619, Can. 7 ap. Gratian i. Dist. lxviii. c. 4, after enumerating the reservations to the bishops, continues : All these are unlawful (illicita) for presbyters, because they have not reached the apex of the pontificate which the authority of the canons enjoins to be peculiar to bishops only, that thereby, the distinction of grades and the height of dignity of the supreme pontiff may be exhibited. Isidor. de Eccl. Off. II. 7, 2 : Only because of authority is ordination and consecration reserved to the suj^reme priest, lest the discipline of the Church, made cheap by many, should resolve concord and generate scandals. Concil. Clovesho A.D. 747, Can. 11 : Let not presbyters attempt in any wise to per- form those thing which are peculiar to bishops. (168). Apost. Const, in. 11 ; Stat. Eccl. Ant. a.d. 505, Can. 69 ap. Gratian 1. Dist. 1. c. 55 : Let him l^e dej^rived of the episcopate, i.e., of the power of ordaining. Can. 17 Elfric, a.d. 957 : The bishop is appointed to ordain. (169). Concil. Carthag. il. a.d. 390, Can. 3 ap. Gratian Caus. xxvi. Qu. VI. c. 1, reserves to the bishop the consecration of the chrism, the con- secration of virgins, and the public reconciliation of a penitent. ConciL Privileges and Duties of Order, 293 the setting up and hallowing of altars and churches (^"'^) ; (-i) the confirmation of the baptized (^''^); (5) the public reconciliation of heretics(^"-) and penitents (^''•^) ; (6) the consecration of the chrism and the he»ly oils (^"^) ; (7) the giving of the greater or triple benediction (^"^) ; and (8) the giving of letters dimissory i^'^). A bishop's duties are, therefore, commonly said to consist in judging, interpreting, ordaining, consecrating, confirming, hallowing the Eucharist, and baptizing (^'^''). All of these Carthag. iii. a.d. 397, Ihid. c. 2, forbids a presbyter to consecrate a virgin without consulting the bishop. Concil. Rothomag. a.d. 650, Can. 9 : Respecting the veiUng of virgins by presbyters, it is ordered that if any prt'sbyter shall in future attempt to do it he shall be condemned as a transgressor of the canons. Concil. Paris vi. a.d. 829, Ihid. Caus. xx. Qu. II. c. 3 : Should either an abbess or any otlier consecrated virgin give way to such audacity as to presume to veil a widow or a consecrated virgin, let her be subject to canonical punishment until satisfaction. Nevertheless, Tlieodori Poenit. ii. in. 4, a.d. 673, in H. & S. in. 192, says : A presbyter may consecrate an abbess with celebration of mass, and c. 8, that according to the Greeks he may consecrate a virgin with the veil. (170). Concil. Agath. Can. 43, a.d. 506, ap. Gratian Caus. xxvi. Qu. vi c. 3, forbids a presbyter to consecrate an altar. Concil, Tolet. viii. a.d. 653, Can. 7, forbids presbyters to hallow churches, to consecrate the chrism, or to ordain. Elfric Can. 17, a.d. 957. (171). Pseudo-Isidor. ap Gratian in. Dist. v. c. 4. See Baptism, § 23. (172). See Baptism, § 15. (173). Concil. Elib. a.d. .305, Can. 32 ; Concil. Arelat ii. a.d. 426, Can. 26 ; Concil. Araus. a.d. 441, Can. 1 ; Concil. Hispal. a.d. 619, Can. 9 ; Concil. Agath. a.d. 506, Can. 44 : It is not lawful for a presbyter to bless the people in Church, or to reconcile a penitent. (174). Epist. ad Ludifred, note 177 ; Baptism, § 22. (175). Germanus ap. Duchesne, p. 212 ; Concil. Aurel. 1, a.d. 511, Can. 26 ; Concil. Agath. a.d. 5U6, Can. 44. (176). Concil. Aurel. in. a.d. 533, Can. 3, that neither abbots, chantry- priests (martyrarii), recluses nor presbyters give apostolic letters (apostolia). Concil. Turon. n. a.d. 567, Can. 6 : That no clerk or layman, but only a bishop, give letters commendatory (epistolia). See above, § 5, note 16. (177). Apost. Const, vin. 28 : A bishop blesses, but does not receive the blt-ssing. He lays on hands [confirms], ordains, offers, receives the blessing from bishops, but by no means from presbyters. Epist. ad Ludifred ap. Gratian i. Dist. xxv. c. 1, § 9 : To the bishop belong the consecration of churches, the tmointing of altars, and the hallowing of the chrisms. He distributes the offices and orders in the Church. He blesses huly virgins, 294 Short Mamtals of Canon Law. duties are, nevertheless, allowed to be performed by a pres- byter properly authorised (i^^), excepting the ordination of a presbyter or deacon Q^^). The bishop's duties of office under the territorial system, whether as delegate of the Pope, as feudal visitor in spirituals, or as the representative of the civil power in dealing with spiritual persons, belong to the subject of Church Government rather than of Order. 26. Before any one can be deemed worthy of promotion to so exalted a position (^^*^), it is necessary that he should possess four and whilst each one has his relative precedence, the bishop is the general arranger of all. Innocent in. a.d. 1199, in Decret. Lib. iv. c. 4 : Lac/s Pontifical, a.d. 1450, p. 95. (178). For consecrating the chrism, see Baptism, note 176 ; for confirma- tion. Ibid. § 22. Hieronym. ap. Gratian i. Dist. xcv. c. 6 ; Concil. West- minster A.D. 1138, Can. 4, allows a bishop to consecrate a Church by the hand of another. Concil. Epaon. a.d. 517, Can. 16, authorises a presbyter to reconcile a heretic. (179). Chrysost. Horn, in 1 Tim. xi. 1 : Only in ordaining do bishops surpass presbyters. Hieronym. Epist. 146 : Excepting ordination, what does a bishop do that a presbyter does not ? (180). Apost. Const, viii. 4 : A bishop to be ordained is to be unblam- able in all things, chosen by the whole people . . . having a good testimony from all men as to his worthiness for so great and glorious an authority ... all things relating to his piety towards God being right . . . being unblamable in the course of his life. Ibid. ii. 1 : Let him, therefore, if it be possible, be well educated, but at any rate let him be skilful in the word, and of competent age. Ibid. c. 2 : Let him be sober, prudent, decent, firm, stable, not given to wine, no striker but gentle, not a brawler, not covetous, not a novice ; c. 3 : Let examination also be made whether he be unblamable as to the concerns of this life, for it is written : Search diligently for all tlie faults of him who is to be ordained to the priesthood (Lev. XXI. 17). On which account let him be also void of anger ; c. 5 : A bishop must be no respecter of persons ; c. 6 : Let not a bishop be given to filthy lucre, rather suffering than offering injuries . . . no admirer of the rich nor hater of the poor, nor evil speaker nor false witness . . . not double-minded nor double-tongued, not ready to hearken to calumny or evil-speaking ; c. 9 : For the bishop must not only give no offence, but must be no respecter of persons, in meekness instructing them that oflFend ; c. 21 : Be gentle, gracious, mild, without guile, without false- hood ; not rigid, not insolent, not severe, not arrogant, not unmerciful, not puffed up, not a man-pleaser, not timorous, not double-minded . . . not hasty in thrusting out and expelling, but steady ; not one that delights Privileges and Duties of Order. 295 personal qualifications, viz. (1) some degree in the ranks of holy order ; (2) blameless conversation ; (3) sound knowledge ; and (4) clear speech, or the gift of making himself understood (i^^). In the code of the ancient Gallican Church these desiderata are expressed as follows (^^2) : " A bishop must be naturally prudent, docile, chaste, sober, careful of his affairs, humble, affable, meek, learned, skilled in the law of the Lord, cautious in interpreting Scripture, versed in the dogmas of the Church, and able to express in simple words the documents of the faith." Besides these qualifications a bishop must also have a proper election. 27. As the episcopate is admitted by all to be an amplifica- tion or extension of the presbyterate (i^^), it cannot be bestowed on one who is not already qualified to receive such extension. Although in the early days of the Church laymen were occasion- ally advanced to the episcopate (^^), yet such ordinations were in severity ; not heady. Gratian Cans^. ii. Qu. vii. c. 28, 29, 32, 34 : Formerly the election was signified by all the people exclaiming : He is worthy. Aylifle 119. (181). Iren. Haer. iv. 26, 4 : Adhere to those who hold the apostles' doctrine, and who, togetlier with the order of the presbyterate, display sound speech and blameless knowledge ; c. 5 : Where the gifts of the Lord have been placed, there it behoves us to learn the truth, viz., from those who possess that succession of the Church which is from the apostles, and among whom exists that which is sacred and blameless in conduct, as well as that which is incorriipt and unadulterated ]^in speech. Teaching of the Apostles, Can. 11 : Whosoever is unacquainted with the faith of the Church, and the ordinances and laws which are appointed in it, let him not be a guide [bishop] or a ruler [rural-bishojj]. (182). Stat. Eccl. Ant. a.d. 505, ap. Gratian I. Dist. xxiii. c. 2 ; in- corporated in Eadulf s Profession, a.d. 796, in H. & S. ill. 506. (183). Benedict xiv. 20 Oct. 1756, in Craisson, § 1737, 2020 : No one forbids discussion as to whether the character received in episcopal con- secration differs from that of the presbyterate, or whether it is not rather an extension of the character already bestowed in the presbyterate. It must at least be admitted that by episcopal consecration the presbyter's order is extended and perfected, so that no one can be made a l)ishop except by receiving such extension. (184). E.g., St. Matthias. The Roman Breviary relates of St. Ambrose that he was elected Bishop of Milan whilst only a catechumen, and servatis omnibus ex instituto Ecclesiae ordinum gradibus, sacerdotale onus suscepit 296 SJiort Maimals of Canon Lazv. deemed irregular unless subsequently confirmed by the Church at large (}^^). Now, since subdeacons have taken the place of laymen as the lowest of the three holy orders, election to the episcopate is forbidden to all below the degree of the subdiaconate (^^°), and consecration to the ejDiscopate to all who have not been regularly advanced from readership to the presbyterate i}^'') or diaconate Q-^'^). 28. A bishop must further be blameless in conversation Q^'^). Hence all the qualifications and disqualifications which apply to holy orders apply a fortiori to the episcopate Q'^^) ; and by (185), Cyprian Ep, 51, 8, says that Cornelius was a lawful bishop, because he was promoted through all the ecclesiastical offices, Leo, a.d, 446, ap, Gratian Caus. 1 Qu, vii, c, 18 : Those whose advancement has only this fault that they were chosen from laymen to the episcopal office, we permit to retain their place, Tarasius, created Patriarch of Constantinople A.D. 787, j)er saltum, was allowed by Adrian I. to be a true bishop. Hutton, p, 285, states that Adrian gave him a dispensation, (186). Innocent iii. in Decret. Lib. i. Tit. xiv. c. 9, allows a subdeacon to be elected, because the subdiaconate is now a lioly order. (187). Concil. Sardic. Can. 13, a.d. 347, ap. Gratian i. Dist. LXI. c. 10 : Should a rich layman or a pleader be postulated bishop, let him not be ordained unless he have previously been admitted to the functions of reader and the office of presbyter or (aut) deacon, and so by single steps, if he be found worthy, let him ascend to the height of the episcopate. Concil. Barcin. ii. a.d. 699, Can. 3, forbids laymen to be advanced to the episcojjate without passing through intermediate degrees. Syn, viil, a,d, 869, Can. 5, decrees that no one may ascend to the episcopate except by passing through the lower orders, which it enumerates as those of reader, sub- deacon, deacon, presbyter, Bellarmin. de Ord. c. 5 goes further : It is impossible for one to be ordained bishop who was not before a presbyter, unless he then receives both ordinations at once, because each is of the essence of the episcopate. (188). Mabillon Mus. Ital. I. 146 has shown that up to the 11th century it was usual at Rome to elect a deacon for pope, and that many popes never passed throuyh the presbyterate. (189). Iren. Haer. iv. 26, 5, quoted above ; Concil. Laodic. a.d. 363, Can. 12, says : de5oKi./j.aofj.ivos iv re r(p XdyipTrjs Triareuis Kal t^ tou evdios XdYoi/ voXirdq.. Egbert's Excerpt 57, a.d. 740 ; Isidor. de OfRc. ii. 5, 16 : How shall he correct others who is exposed to the retort, First teach thyself to do what is right ? (190). Concil. Nic. a.d. 325, Can. 4 and 5 ; Augustin ap. Gratian i. Dist. Lxxxi. c. 4, 5, 7 ; Concil. Tolet. iv. a.d. 633, Can. 19, Ibid. I. Dist. P^'hilcges and Duties of Order. 297 l-]Qglisli rule there is a further disqualification, that of having been a pluralist (1°^). Greater age is also necessary, which was formerly fixed at fifty years Q-^-), but now full thirty suflice Q"^^). A bishop ought also to be a careful business-man (^^% 29. To ensure knowledge of apostolic doctrine a bishop must be learned (i^^) ^nd skilled in the law of the Lord Q^^). To test his knowledge and the soundness of his faith he ought, therefore, to be previously interrogated (i^^). In the African Church the interrogatories were required to have reference to the doctrine of baptism, the future resurrection and judgment, the necessity of being in the Catholic Church for salvation, his willingness to hold communion with reconciled penitents, his LI. c. 5, forbids any one to be consecrated a bishop who has been detected in any crime, who is stamped with infamy, who has admitted any crime by publicly doing penance, who has relapsed into heresy, who has been baptized or rebaptized in heresy, who has mutilated himself, or suffers from the natural defect or loss of a member, who has been more than once married, or has married a widow or divorced woman or a woman not a virgin, who has had a concubine, who is of servile extraction ; a neophyte or lay- man who has done military service or has duties at court, or is ignorant of letters, or younger than thirty ; who has not been regularly advanced through ecclesiastical degrees, who ambitiously seeks honour, who seeks the position by presents, who is designated by his predecessor to succeed him, who has not been elected by the clergy and people to preside over them, or assented to by the metropolitan and comprovincials. The same in Egbert's Qu. xv. a.d. 734 ; Decret. Lib. i. Tit. xiii. c. 4. (191). Const. 31 Othobon, a.d. 1268. (192). Apost. Const, ii. 1, not under fifty years of age, for such an one is in good part past youthful disorders and the slanders of the heathen. (193). 3 and 4 Ed. vi. c. 12 ; 5 and 6 Ed. vi. c. 1 ; 8 Eliz. c. 1 ; 13 and 14 Car. II. c. 4, require every man which is to be consecrated bishop) to be full thirty years of age. (194). Gratian i. Dist. Lxxxix. ; Apost. Const, ii. 3. (195\ Hieronym. ap. Gratian I. Dist. XLix. c. 2. (196). Gregory, Ihid. i. Dist. Lxxxvi. c. 5 ; Concil. Clovesho a.d. 747, Can. 1. (197). Apost. Const, viii. 4 ; Syn. vii. a.d. 787, Ihid. i. Dist. xxxiii. c. 6 requires a bishop to know both Testaments and the canons, the other as well as the penitential canons, whereas a presbyter need only know the penitential canons ; the reason, according to Lynd. 335, being because a bishop is a judge of bodies as well as souls. See Order, § 34, 48. 298 Short Manuals of Canon Law. toleration of second marriages, and the use of flesh for food (^^^). In mediaeval times the answers took the form of a document called a profession, which was drawn up in writing, and together with a declaration of feudal dependence on his consecrator was solemnly confirmed upon oath (i^^). 30. A bishop being not merely the guardian and keeper of apostolic tradition, but also its exponent and interpreter ta others, preaching is his special duty. He must, therefore, be a man of clear speech, and able to express in simple language the^ truths of the faith (^oo). If all these requirements are satisfied he may be consecrated on any Sunday or festival independently of Embertides ("^^), because consecration is an accession of authority, not the bestowal of a distinct sacramental order; and, for the same reason, as well the dignity as the office of a. bishop in a particular Church may be resigned (-'^-). (198). Concil. Carthag. i. a.d. 347, Can. 1. The interrogatories itt mediaeval times in Lacy's Pontifical, p. 93, include : Will you devote your- self to ascertain the sense of Scripture, and teach that sense to the people- by word and example ? Will you accept, teach, and observe the decrees- of the orthodox Fathers and the decretals of the Apostolic See ? Will you be faithful, subject, obedient to St. Peter and his vicars, and the holy Church of Canterbury ? Will you in every way eschew evil and do what is good? observe and teach chastity and sobriety? devote yourself to- divine and keep aloof from worldly business ? be humble and patient ? ready of access, and merciful to the poor and strangers that are in need ? Do you believe in the Holy Trinity, &c. ? Do you believe that there is One Author of the Old and New Testaments, the Law, the Prophets, and the apostolic writings, Almighty God ? (199). Eadulfs Profession, a.d. 796, in H. & S. iii. 506, is the earliest preserved of an English bishop. In it he pledges himself : I will take care- to svibmit the neck of my humble obedience to thee, Ethelhard, and thy successors for ever. Const. 2 Langton, a.d. 1222. (200). Isidor. de Offic. ii. 5, 17 : His speech ought to be unaffected,, simple, straight, full of gravity and honesty, full of suavity and grace, dealing with the mystery of the law, the doctrine of faith, the virtue- of continence, the discipline of justice ; using to each one a different kind of address according to his profession and character, so that he know- beforehand what, when, and how to deal with each. (201). Egbert's Excerpt 96, a.d. 740 ; Devoti Lib. i. Tit. xiii. c. 1. (202). Decret. Lib. i. Tit. vni. c. 1. Privileges and Duties of Order. 299 The Diaconate. 31. In contrast to the presbyterate, which is an order of the perfect charged with duties of intercession, teaching, and government, the diaconate is a ministerial order (2'^^), created by the Apostles (-''"*) to deal with the temporal concerns of the Church, the supply of necessaries to those in want, and the relief of other Churches. Having to prepare the materials for the corporate worship of the Church out of the people's offerings, and being thus associated in the service of the altar, deacons are accounted a holy order. And because they are endowed with a share in the sacramental gift of order by the imposition of hands, they are allowed to be also a hier- archical order, and have assigned to them the duties of local evangelists. 32. Primarily a deacon is concerned with temporal matters. To him is committed the charge of providing for widows and orphans, the sick and the infirm, the reception and entertain- ment of strangers and the placing of the faithful in Church (2*^^), the supply of necessaries to Christians in prison, and the burial of the dead (-''°). He is also the ambassador of the Church to (203). Apost. Const, iii. 19 ; viir. 46, 17 ; Concil. Nic. a.d. 325, Can. 14 ap. Gratian i. Dist. xciii. c. 7 ; Concil. Laodic. a.d. 363, Can. 20, Ihid. c. 8. (204). Acts VI. ; Cyprian ap. Gratian i. Dist. xciii. c. 25 : Christ appointed the Apostles, but the Apostles aj^pointed deacons. Ignatius ad Trail. 3 : Let all reverence the deacons as a commandment of Jesus Christ, and the bishop as Jesus Christ. (205). Apost. Const, ir. 58 ; Dionys. Eccl. Hier. 5. (206). Acta Perpetua3 c. 3 : The blessed deacons ministered to us in prison. Roman clergy to the clergy of Carthage in Cyprian Epist. 2, 3 : There are other matters which are incumbent on you [in the bishop's absence]. If you have widows or bedridden people unable to maintain themselves, or those who are in prisons or excluded from their own dwellings, these ought to have some to minister to them. . . . And as matter of the greatest importance, if the bodies of the martyrs and others be not buried, a considerable risk is incurred by those whose duty it is to do this office. Egbert's Pontifical, which adds : Christ was a deacon when He broke the loaves to feed the multitude and washed the feet of His disciples. Devoti Lib. i. Tit. ii. § 27 ; Concil. Aurel. v. a.d. 549, Can. 300 Short Maimals of Canon Law. convey relief to other Churches (-'^^). For these purposes the people's offerings are intrusted to him, and he is directed to administer them under the bishop. Deacons are therefore said to be the ears, the mouth, the heart and soul, and the eyes of the bishop (-''^), and are required to be men of integrity, well pleasing to all (2o»). 33. Being charged with the care of the people's offerings, upon deacons devolved the duty of preparing the necessaries for solemn worship, and generally of attending to the work of the Church and the administration of the sacraments (2^*^), The deacon 20, and Egbert's Excerj^t 105, a.d. 740 : We tliink it reasonable to be observed for mercy's sake that they who are imprisoned for any crime be looked after by the arckdeacon or reeve [temjioral administrator] of the Church every Lord's day, that the straitness of them that are in bonds may be mercifully relieved and competent victuals be given them by the bishop from the house of the Church. (207). Ignat. ad Phil. c. 10 : Since the Church at Antioch possesses peace, it will become you as a Church of God to elect a deacon to act as the ambassador of God to [the brethren] there, that he may rejoice along with them when they are met togetlier and glorify the name. Eph. 2 : Crocus also [your deacon] I have received as the manifestation of your love. (208). Apost. Const, ii. 44 and iii. 19 ; Eufinus ap. Gratian i. Dist. xcili. c. 6 : Let the deacons of the Church be, as it were, the bishop's eyes, glancing over and observing with care the acts of the whole Church, and carefully watching should they see any one approaching the precipice and near to sin, in order to report the same to the bishop. Clem. Recog. Epist. ad Jac. 12 ; Id. Hom. iii. 67. (209). Ignat. ad Trail, c. 2 : It is fitting that deacons as being [the ministers] of the sacramental representations of Jesus Christ, should in every respect be pleasing to all. Epist. Polycarp. c. 5 : Let the deacons be blameless . . . walking according to the truth of Christ, who was the deacon of all. (210). Ignat. ad Trail, c. 2 : The deacons are not ministers of meat and drink [only], but servants of the Church of God. Cyprian Ep. 64 (Oxf. 3), 3 : The Apostles appointed for themselves deacons as ministers of their episcopacy and of the Church. Basil Ep. 169 (al. 412) to Gregory : Glycerius was consecrated by ourselves as deacon of the Church of Venasa to be a minister to the presbyter there, and to attend to the work of the Church. Martyrdom of Habib the deacon (Ante-Nicene Lib.) 91 : Habib the deacon went secretly into the Churches which were in the villages [a.d. 310], and ministered and read the Scriptures. Privileges and Duties of Order. 301 called to praA'er, and himself led tlie prayers of the people, or suggested to the bishop what should be prayed for(2ii). He dismissed the catechumens in proper order. He read out the names of the living who offered, and of the dead for whom offerings were made (^^-). He prepared the corporate offering for the Eucharist and placed it upon the altar ("^^). He waited Apost. Const. II. 54 ; Hieronym ap. Gratian i. Dist. xciii. c. 23 : The deacons are tliey of whom we read in the Apocalypse : The seven angels of the Churches. . . . The deacon is called the minister of God ; and as every exercise of the priesthood requires ministration (sicut in sacerdotio est ministratio), so the office of ministering presupposes authority to administer the sacrament [in ministro est sacramenti dia- ponsatio administrationis — the ordinary reading is disjyensatio, omitting administrationis]. . . . Bishops too are not allowed for fear of presump- tion to take the cup from the Lord's table unless it be handed to them by a deacon. . , . Levites place (inferunt) the offerings on the altar ; Levites arrange the Lord's table ; Levites stand round presbytei's whilst they bless the elements ; Levites pray (orant) before (ante) priests. . . . Then finally the deacon calls out : Open your ears to the Lord ; he reads the Gospel ; he exhorts and admonishes, whilst presbyters stand round, not to be heedless of or despise the voice which speaks these things ; and announces peace. Epist. ad Ludifred ap. Gratian i. Dist. xxv. c. 1, § 7 : It pertains to deacons to assist presbyters and to minister in all things which are done in Christian sacraments, to wit in baptism, the chrism, the paten and chalice ; also to carry the offerings and place them on the altar, to arrange and vest the Lord's table, to carry the cross and to preach the Gospel and Epistle (apostolum). For as the preaching of the Old Testa- ment is committed to readers, so is that of the New Testament to deacons. To him too belongs the ordering (officium) of prayers and the calling over the names [from the diptychs of the living and the dead]. He proclaims : Lift up your ears to the Lord. He calls to prayers. He gives the peace and announces [the dismissal]. Can. 16 Elfric, a.d. 957 : The deacon is lie that ministers to the mass-priest, and places the oblations on the altar, and reads the Gospel at the divine ministration. He may baptize children, and housel the people. They ought to serve their Saviour in wliite albs, and preserve the heavenly life with purity. Lacy's Pontifical, p. 85 : Diaconum oportet ministrare ad altare ; evangelium legere ; baptizare et praedicare. See Order, note 50. (211). Apost. Const. VIII. 35, 37 ; li. 57 : After this let the deacon pray for the whole Church, for the world and the several parts of it. (212). Concil. Constant. a.d. 536, ap. Labbe v. 1154. (213). Concil. Ancyr. a.d. 314, Can. 2, calls this dfacpepew. The pres- byter's hallowing is called -rrpodcpipnv^ 302 SJio7't Mamials of Canon Law. on the bishop or presbyter whilst the latter summed up the people's prayers, and gave the invitation for the kiss of peace ("^■*). He held the cup at the prayer of hallowing, and at the proper time consecrated it by bringing it into contact with the hallowed Bread ("^^). He led the fraction which followed, alone administered the cup to the people ("^*'), carried the communion in both kinds to the sick (2^^), and took care of the Elements which remained ("^^^J. In short, the whole (214). Cyril. Cat. Myst. 5 ; Epist. ad. Ludifred, quoted note 210. (215). See Eucharist, § 6, note 72. (216). Concil. Laodic. a.d. 363, Can. 25 ap. Gratian i. Dist. xciii. c. 16 : It behoves not the subdeacon to give the bread nor to bless the cup, which implies that these were the deacon's duties. Gelasius, a.d. 494, ap. Gratian I. Dist. XCIII. c. 13, says : Let no deacon have the right of exercising the consecration [praerogationem, which appears to mean the prayer of inter- cession, whereby the sacramental sign becomes the Holy Body, and has therefore been altered by Ed. Bas. into erogationem, meaning the dis- tribution] of the Holy Body in the presence of a bishop or priest, but only in their absence. Concil. Arelat. a.d. 314, Can. 15, and Concil. Nic. a.d. 325, Can. 18, both say that the offering was made by deacons, and forbid it. Ambros. de Offic. i. 41 makes Laurence the deacon address his bishop, Sixtus II. A.D. 258, as he was being led away to execution : " Whither goest thou, my Father, without thy son? Whither goest thou, high priest, without thy deacon ? Never didst thou offer the sacrifice without me by thy side. Wherein have I displeased thee? Hast thou ever found me negligent of my duties ? Examine and see whether thou hast chosen in me an unworthy servant to whom to intrust the consecration of the Lord's Blood (Dominici sanguinis consecrationem)." Devoti explains these words to mean Sanguinem consecratum (see The Eucharist, note 72), and Le Brun quotes, Haec commixtio et consecratio, as used in the same sense. But Bona Rer. Lit. i. 25, § 4, observes that the deacon consecrated the cup ministerially, and quotes Pseudo- Ambros. : Consors diaconus erat consecrationis. Theodori Poenit. ii. li. 18, in H. & S. ill. 192, states that "deacons may baptize, and bless food and drink, but not give the [hallowed] Bread." (217). Justin Martyr i. 67 : To those who are absent a portion is sent by the deacons. Can. 16 Elfric, a.d. 957, quoted above. Concil. West- minster A.D. 1138, Can. 2. See Eucharist, § 6. (218). Apost. Const, viii. 13 : When all, both men and women, have partaken, let the deacons carry what remains into the vestry. Pseudo- Clement ap. Gratian iii. Dist. li. c. 23 : The presbyter, deacon, and subdeacon ought to guard the remains of the Lord's Body with fear and Privileges and Duties of Order. 303 conduct of the ceremonial of worship lay with him, always excepting the collect-prayers (-^^). Because of these duties the diaconate is reckoned a holy ministry, and deacons are called Levites C^-'^), and said to be the columns of the altar (--^i). 34. The deacon is, moreover, considered to have a share in the spiritual gift of order, because he is ordained by the laying on of hands (-"--). On this ground the ofBce of local evangelist appears to have been assigned to him, and it is his province to read the Gospels (--^). With the bishop's sanction he is also permitted to explain them (--■*), but he is forbidden to trembling. Leofric's Missal, p. 262, directs the deacons to bring out of the vestry the preconsecrated Host on Good Friday. (219). Ramsay, " The Church in the Roman Empire," p. 459, explains the assumption by Glycerius the deacon of the name and the dress of patriarch by saying that, as director of ceremonies at the village- festival, it would be only natural for him to assume the dress and the character of the highest religious official, the imtriarch, just as the leader of a I^agan festival would bear the name and dress of the deity whom he represented. Theodori Poenit. li. ir. 14, in H. & S. 192, quoted in The Eucharist, note 165. (220). Concil. Carthag. ii. a.d. 390, ap. Gratian l. Dist. xxxi. c. 3 : Levitae vel qui sacramentis divinis inserviunt. Pseudo-Hieronym. Ibid. I. Dist. xcili. c. 23; Leofric Missal 215. (221). Isidor. de Offic. ii. 8, 3 ; De Orig. Offic. ix. 1. (222). In Apost. Const, viii. 18, the bishop prays that he who is now ordained deacon " may attain a higher degree." Stat. Eccl. Ant. a.d. 505, Can. 4 ap. Gratian i. Dist. xxiii. c. 11, directs the bishop "alone to jjlace his hand upon his head, because he is not hallowed to the presbyterate, but to an olfice of service." In Acts vi. " they " laid their hands on them. Concil. Agath. A.r». 506, ap. Gratian i. Dist. Lxxvii. c. 6, calls it the blessing of a deacon. (223). Apost. Const, il. 57 : Afterwards let a deacon or a presbyter read the Gospel. See above, § 22. Winchester Pontifical : Habet diaconus donum prophetiae. (224). Some of the earliest deacons preached when disengaged from other duties — Stephen, Acts vi. 10 ; Philip, Acts vtii. 5. But after the peace of the Church it was not usual. Leo ap. Gratian Caus. xvi. Qu. 1. c. 19 ; Hieron. Ep. 147 ; Clem. Recog. vi. 66 appears tojmean that deacons gave ceremonial directions, and Gregory ap. Gratian i. Dist. xcii. c. 2 that they read the Gospel. Lynd. 288. 304 Short Mamials of Canon Law. baptize (-"'). It is his business to announce to public penitents the penances which the bishop has imposed, to observe their walk and conversation, and report thereon to the bishop ; but he is forbidden to give penance himself (2-'^), except he is placed in charge of a people, or there is danger of death, and no presbyter can be had (-^'^). He may not give the Lord's Body to the people except he is directed so to do by a presbyter (2'^^), and may never hallow the oblation (^^O'j^ jjg (225). Apost. Const, viii. 46 : It is not lawful for a deacon to offer tlie sacrifice, or to baptize, or to give either the greater or the lesser blessing. . . . Stephen, who saw Christ on the right hand of God and the heavens opened, does nowhere appear to have exercised functions which did not appertain to his office of a deacon, nor to have offered the sacrifices, nor to have laid hands [in penance] upon any, but kept his order of a deacon unto the end. But if some do blame Philip our deacon, and Ananias our faithful brother, that the one did baptize the eunuch [Acts viii. 38], and the other one Paul . . . [Acts ix. 16] : Philip and Ananias did not con- stitute themselves [to perform this office], but were appointed by Christ, that High Priest of God, to whom no being is to be compared. Gelasius, A.D. 494, ap. Gratian i. Dist. xciii. c. 13 : Without a bishop or a priest let deacons not venture to baptize, except extreme necessity compels. Concil. Ebor. a.d. 1195, Can. 5, and Const. 1 Langton, a.d. 1222 : Let no deacon or inferior clerk baptize or enjoin penance, but only presbyters, except in extreme necessity. Const. 12 Edmund, a.d. 1236 : We charge that deacons presume not to administer penance or baptism. (226). Origen in Lev. v. 3 : Following the example of Him who has given His priesthood to the Church (Heb. x. 21, 22), deacons and pres- byters take upon themselves the sins of the people, and, imitating the Master, grant remission of sins. Cyprian Ep. 18 (Oxf. 12) ; Concil. Tolet. r. A.D. 400, ap. Gratian i. Dist. L c. 68, accordingly requires deacons who have fallen into sin to be restored only as subdeacons, "so that they never lay hands on penitents." Albinus Flaccus ap. Hittorp. p. 50. See Penance, notes 30 and 80. (227). Concil. Nic. a.d. 325, Can. 14 ap. Gratian i. Dist. xciii. c. 14 ; Concil. Laodic. a.d. 363, Can. 25, Ibid. c. 16 ; Hieronym. Ibid. c. 24 ; Concil. Ebor. a.d. 1195, Can. 6 ; Const. 1 Langton, A.D. 1222, quoted note 225 ; Const. 12 Edmund, a.d. 1236. (228). Stat. Eccl. Ant. a.d. 505, Can. 38 ap. Gratian I. Dist. xcili. c. 18 ; Concil. Arelat. ii. a.d. 443, Can. 15. See The Eucharist, § 6. (229). Apost. Const, viii. 46 ; Concil. Arelat. a.d. 314, Can. 15 : Because we understand that in many j^laces deacons offer, it is decreed that this ought not to be done. Concil. Ancyran. a.d. 314, ap. Gratian i. Dist. 1. Privileges aiid Duties of Order. 305 can neither give the greater nor the lesser blessing (-*''), but in a private house he may bless both meat and drink (^^i). In the absence of a presbyter he can also withhold communion from a subdeacon, a reader, or a layman (-^-). 35. Brought into close relations with the bishop from the very nature of their duties (^3^), and having at Rome (which in this matter set the example to the Western Church) each one the entire parochial charge of one of the city wards, which were limited in number to seven (^3^) however many c. 32, says that a lapsed deacon ought not to offer. Concil. Nic. a.d. 325, Can. 18, says that deacons have not the power of offering. Concil. Agath. A.D. 506, Can. 43, Ihid. Caus. xxvi. Qu. vi. c. 3 : Let not a restored deacon [hujusmodi — the whole canon referring to penitents] presume to minister. Urban in. in Decret. Lib. v. Tit. xxviii. c. 2, orders a deacon to be suspended for two years for having presumed to make the offering. (230). Apost. Const, viil. 46. The greater or triple benediction is the bishop's prerogative, the lesser the presbyter's, according to Gallican use. Concil. Brae. l. a.d. 563, Can. 3, introduced into Portugal the Roman practice, which required bishops and presbyters to use the same form. (231). Theodori Poenit. ii. ii. 16, in H. & S. ill. 192. (232). Apost. Const, viii. 28 : A deacon does not bless, does not give the blessing [i.e., the greater or triple blessing, and the simple blessing, or imposition of hands], but receives it from the bishop and presbyter. He does not baptize, he does not offer ; but when a bishop or priest has offered, he distributes to the people, not as a priest, but as one that ministers to priests. ... A deacon separates a subdeacon, a reader, a singer, and a deaconness, if there be any occasion in the absence of a presbyter. It is not lawful for a subdeacon to separate any, nor for a reader, a singer, or a deaconness, for they are the ministers to the deacons. (233). Apost. Const, il. 30, 31, 44 ; Clement Ep. I. c. 12, ap. Gratian l. Dist. xciii. c. 6. (234), According to Publius Victor ap. Migne xviii. 437, Rome was divided by Augustus into fourteen wards (regiones). But for ecclesiastical purposes it appears at first to have been divided into seven only. The Liber Pontificalis refers the division to Clement, and states that Evaristus (a.d. 100-108), " Titulos (Churches) in urbe dividit presbyteris et septem diaconos ordinavit. It may be traced back to the time of Fabian, a.d. 244, since Cornelius, his successor (in Euseb. vi. 43), mentions seven deacons in his time, a.d. 252. It has been supposed that the seven deacons in the Church of Jerusalem were respectively charged to look after the Greek-speaking Jews in Cappadocia, Pontus, Asia, Phrygia, Pamphylia, Rome and Crete, X 306 Short Mamia/s of Canon Law. titular Churches the city might contain (-^^), deacons became very important persons, and frequently declined the presby- terate C"^*^). They even objected to discharging their cere- monial duties in the Eucharistic service, unless the service were conducted by the bishop in person, and otherwise conducted themselves as the superiors of presbyters (^^^). At their head was the archdeacon, who, in many cities, was elected by themselves from their own number ; and he being constantly called upon to represent the bishop in dealing with other Churches, rose to a great hierarchical position C'^^). His ecclesiastical and ministerial functions were in consequence gradually abandoned or deputed to others, such as the precentor and treasurer, and he became, under the territorial system, an independent ordinary and deputy-bishop over the non-titular or parochial clergy (^3^). which constituted the original branches of the Church of Jerusalem. Concil. Neocaesar. a.d. 314, Can. 14, 1. c. 12 : According to rule there ought to be seven deacons. (235). Publius Victor 1. c. mentions 10 basilicae at Rome which were constituted by Marcellus baptismal Churches. In the 4th century there were 25 tituli according to Duchesne. The number was increased to 28 in the 12th century. (236). Gelasius, a.d. 494, ap. Gratian I. Dist. Lxxiv. c. 9, permits sub- deacons to be promoted to the presbyterate in case of such refusal. At Rome and in other cities before the 1 i^th century it was usual to elect the bishop from the deacons rather than the presbyters. To prevent such refusal subdeacons were usually ordained deacons and presbyters on the same day. Duchesne 314. (237). Concil. Nic. a.d. 326, Can. 14 ap. Gratian I, Dist. xciii. c. 14 ; Concil. Laodic. a.d. 363, Can. 20, Ibid. c. 15 ; Hieronym. Ihid. c. 24, forbid deacons to sit in the presence of presbyters. Gelasius Ihid. c. 13, directs them to know their place. Gregory, a.d. 598, Ihid. c. 21, forbids all but Roman deacons to wear sandals {Kaii'wa.ya.l). Duchesne 380 ; Concil. Tolet. IV. a.d. 633, Can. 39, Ihid. c. 21 : The arrogance of some deacons goes so far that they place themselves before presbyters, and presume to occupy the first row (chorum), presbyters being placed in the lower row. (238). Syn. Trull, a.d. 692, Ihid. c. 26 : Let not a deacon, whatever be his dignity, sit before a presbyter, except he is deputed by his patriarch or metropolitan to occupy his place in some gathering. (239). Duchesne Lib. Pont. 157, observes that ^aroc^m is never applied P7'ivilcgcs and Duties of Order. 307 36. In the non-collegiate parochial Churches of the Middle Ages no provision was made for a deacon, such foundations being regarded as private oratories appurtenant to the cathe- dral or some other collegiate Church. In collegiate Churches the treasurer usually looked after the temporalities, and the precentor had charge of the conduct of the services. The diaconate consequently fell into abeyance as a ministerial order having functions to discharge in solemn worship, and now only survives in the West as a stepping-stone to the presbyterate. The Subdiaconatk. 37. The office of subdeacon appears to have been originally instituted to lighten the deacon's work in great cities. To comply with the rule which limited the number of deacons to seven however large a city might be (-*''), a lower grade of officers was instituted under the deacons called subdeacons (2*^), who in some parts of the Church were assisted by the still lower grades of collets {aKokovdoi) or attendants (secjuentes) (^*^), to a city Church. Innocent i. distinguishes (1) tituli, or city Churches, (2) coemeteria, or suburban mortuary chapels, and (3) parochiae, or Churches in the country. See The Diocese,. (240). Apost. Const, viil. 4 ; Clem. Horn. Ep. Clem, ad Jac. c. 12 ; Concil. Neocaesaren. a.d. 314, Can. 14 ap. Gratian i. Dist. xcili. c. 12. (241). Their introduction at Rome is attributed to Fabian, a.d. 236-250. In Euseb. vi. 43, Cornelius, a.d. 252, enumerates seven deacons and seven subdeacons at Rome. Cyprian, Ep. 23 and 32, a.d. 255, mentions sub- deacons. Also Concil. Elib. a.d. 305, Can. 30, and Concil. Neocaesar. a.d. 314, Can. 10. Concil. Laod. a.d. 363, Can. 21 and 23, calls them inryip^Tai, and forbids them to wear a stole or to enter the sanctuary ; and Can. 25 ap Gratian i. Dist. xciii. c. 16, forbids them to encroach on the deacons' function of giving the bread or blessing the cup. Isidor. de Offic. Eccl. II. 8 : The Apostles or their successors appointed that in every Church there should be seven deacons holding a higher place than the rest (qui sublimiore gradu essent caeteris). In the Metz Order ap. Le Brun ill. 582 (ed. 1777), the subdeacon is said to be ordained to minister to the altar under the deacon (qui Sanctis altaribus subministret). Amalarius de Eccl. Offic. II. 11 : The subdeacon is so called because he is under the deacon. They are consecrated to one mystery. (242). Duchesne 332 points out that Fabian, the predecessor of Cornelius, 308 Short Mammals of Canon Law. and door-wardens. Considering its history, the subdiaconate may therefore be looked at under three aspects : (1) as an office of service under the diaconate ; (2) as a holy order having ministerial or ceremonial duties to perform in the service of the altar; and (3) as a hierarchical order, being a step in the diaconate, and therefore a step towards the presbyterate. 38. As an office of service under the diaconate, one of the earliest duties of subdeacons was to stand at the doors and see that the different classes of penitents did not encroach on their allotted places i^^^). After the fourth century, the sub- deacon came more and more into prominence as the representa- tive layman, and as such took part in liturgical worship and the administration of the sacraments (2^). Before the service commenced he carried up the book of the Gospel and placed it upon the altar (^^5). In the service he handed the paten and chalice to the deacon, who conveyed them to the altar. He divided Rome into seven wards, each of which he placed under the charge of a deacon. As there were seven subdeacons and forty-two collets at Rome in 252 a.d., according to the letter of Cornelius in Euseb. vi. 43, he considers that to each ward was attached one subdeacon (subdiaconus regionarius) and six collets, making a group of seven assistant clergy besides the deacon for each ward. Cyprian Ep. 28, 3, calls them sequentes. (243). Maskell Mon. Rit. ii. p. 191 ; Concil. Laodic. a.d. 363, Can. 22 orders the subdeacon not to leave the doors. Dionysius Eccl. Hier. c. 5 says that it is a duty of deacons {\ei.rovpyoi) "to separate the unfit.' "Wherefore the hierarchical institution places them over the holy gates." (244). Apost. Const, viii. 28 says that the subdeacon, the reader, the singer, and the deaconess minister to the deacon. Concil. Narbon. a.d. 589, Can. 13, requires the subdeacon as well as the door-warden to lift up the curtain to admit their seniors in order to the Church. Can. 15 Elfric, A.D. 957 : Subdeacon is plainly the under-deacon, he that brings forth the vessels to the deacons, and himself ministers under the deacon with the housel-vessels at the holy altar. Lacy's Pontifical, p. 83 : Sub- diaconum oportet praeparare necessaria ad ministerium altaris et diacono humiliter ministrare. Leo l. is by some said to have recognised the sub- diaconate as a holy order in the West. From the Council of Laodicea it would appear to have already obtained this position in the East. (245). Ordo Sti. Amandi ap. Duchesne, p. 440. Privileges and Duties of Order. 309 took charge of the people's offerings of bread and wine as the bishop and archdeacon received them (-^*'), and selected as much of them as was required for consecration for the deacon to prepare and place upon the altar (2*7). He held the water and towel for the bishop and deacon to wash and dry their hands with before the consecration i^-^'^), and, standing behind them, held the empty paten until the consecration-prayer was (246). Isidor. de Offic. ll. 10, 2 : Subdeacons receive the oblations from the people in the Lord's temiile. They are assistants to the office of Levites. They also present the vessels for the Body and Blood of Christ to deacons at the Lord's altar. Ordo Sti. Amandi ap. Duchesne, p. 443 : Then the pontiff conies down from his seat to receive the oblatiou-loaves fi'om the people. . . . And as he receives them he hands them to a sub- deacon, who places them in a corporal carried by two collets behind him. The deacons receive the wine-offerings, and the large chalice is carried by the subdeacon of the district, and the deacon empties the wine [as it is given him] into the large chalice. And when it is full it is emptied into the large bowl carried by collets. . . . Collets hold the corporal with the oblation-loaves, which the pontiff received from the people, at the right horn of the altar. And the subdeacon of the day (? temperita) chooses some from among them which he hands to the subdeacon of the district, who in turn hands them to the archdeacon who lays them out upon the altar in three or four rows. The information of Hugo de St. Victor, in Maskell Mon. Eit. ii. 242 : Subdeacons in the Lord's temple receive the people's offerings. (247). In Leofric Missal, p. 213, the archdeacon addresses the candidate for the subdiaconate thus : The oblations which come to the altar are called the bread of presentation (propositionis). Of these oblations so much must be placed on the altar as will suffice for the people that none may remain over putrid in the vestry. The altar coverings over the under-napkin (pallae in substratorio) must be washed in one vessel, the corporals in another. That in which corporals have been washed must not be used for washing other things. The water must be poured away in the baptistry. Hugo de St. Victor 1. c. : It belongs to subdeacons to place on the altar out of the offerings a quantity sufficient for the people of God. They must wash the corporals, altar-cloths, and under-napkins, and pour the water away in the baptistry. (248). Isidor. ap. Gratian I. Dist. xxi. c. 11, § 14; Epist. ad Ludifred, Ihid. I. Dist. XXV. c. 1 ; Egbert's Pontifical (Surtees Society, vol. xxvii.) : The subdeacon must read the Epistle, clothe and decorate the altar, and minister to the deacon. Christ was a subdeacon when He blessed wat«r at Cana and changed it into wine. 310 Short Mamials of Cano7i Law. concluded (^^Q). After the communion he carried the empty- vessels to the sacristy (^^^) and washed the altar linen (2^^). 39. As representative laymen subdeacons were admitted to office with considerable solemnity. In the Gallican Church they not only had delivered to them the instruments of office, the empty chalice and paten, but they also received a benediction, given without the imposition of hands, invoking upon them the sevenfold gifts of the Spirit p^^, and their hands were anointed with holy oil (2°^). In the East they were ordained by the imposition of hands, but to indicate their character as representative laymen it was given to them outside the sanctuary (^^% The duty of reading the Epistle in the service was also assigned to them (^^s), in token of which, since the thirteenth century, the book of Epistles is given to them at ordination. In consequence they were gradually treated as a hierarchical order. They were allowed to act as deputies for the Pope P^), and were held qualified for election to the episcopate. 40. Upon the disuse of solemn services in late mediaeval times, subdeacons, like deacons, were no longer required for ceremonial functions, and the care of temporal concerns was (249). See Maskell's Ancient Liturgy, p. 86. (250). Concil. Brae. i. a.d. 563, Can. 10 ; Concil. Martini a.d. 572, ap. Gratian i. Dist. xxiii. c. 32. (251). Leofric Missal, p. 213, quoted note 247. The description of the subdeacon's duties is omitted in Lacy's Pontifical, p. 84. (252). Leofric Missal, p. 213 ; Lacy's Pontifical, p. 84, call it consecration. (253). Gelasian Sacramentary, p. 148 (622). (254). See Orier, § 13. (255). Concil. Tolet. i. a.d. 400, Can. 4 : [Let a criminous subdeacon] rank among door-wardens or readers, but without being admitted to read either the Epistle or the Gospel. Concil. Rem. a.d. 812, Can. 4 : It is the subdeacon's office to read the Apostle. Amalarius, a.d. 829, Lib. li. c. 11, expresses his astonishment at subdeacons being allowed to read, "since this is not found to be part of the office committed to him at his conse- cration, nor [enjoined] by canonical rules, nor what his name implies." Micrologus, a.d. 1077, c. 8, makes the same reflection, and Durandus, .A.D. 1286, Lib. II. c. 8. (256). Gregory ap. Gratian I. Dist. sciv. c. 1. Privileges and Duties of Order. 311 undertaken by a lower class of officials called ecclesiastical persons. In parochial churches synodsmen, now called church- wardens, presented the offering of the parish to the collet who acted instead of a deacon, and he in turn handed it to the priest. The subdiaconate still continued to exist in collegiate churches, but only as a degree in order and a stepping-stone to the presbyterate. The Duties of Non-Hierarchical Orders (-"). 41. The highest of the non-hierarchical orders is that of acolytes, collets Q^^) or attendants (sequentes), a class of clergy peculiar to the Western Church, who, without ordination by the laying on of hands, are allowed to discharge some of the (257). The duties of the several orders are set forth (1) in the Statutes of tlie Ancient Church, a mixed code for the Romanised Gallican Church, probably emanating from Aries at the beginning of the sixth century, ap. Gratian i. Dist. xxiii. c. 16 and 20 ; (2) by Isidore of Seville, assuming him him to be the author of the Epistle to Ludifred, which represents the Romanised Mozarabic use, Ihid. i. Dist. xxv. c. 1. Ludifred is otherwise unknown, but a bishop Leudificus signed the acts of the Fourth Council of Toledo, A.D. 633 ; (3) by Elfric, Bishop of Winchester, a.d. 957, Can. 11- 14 ; (4) by Egbert's Pontifical, which represents the Anglo-Roman use adopted in the northern province about the eleventh century ; (5) by various Pontificals, such as Lacy's, a.d. 1450, ed. Barnes, which represents the use in the diocese of Exeter. Egbert says : Christ was a door-warden when He shut and opened the ark of Noe, and opened the gates of hell. T^^lerefore now those who are called door- wardens have charge of the doors of the Church and sacristy, and ring the bell to call all men to the Church. Christ was a reader when He opened the book of Esaias the prophet. He was an exorcist when He cast the seven devils out of Mary Magdalene. He was a subdeacon when He blessed water at Cana, and changed it into wine. ... He was a deacon wlien He broke the loaves to feed the multitudes, and washed the feet of His disciples. . . . He was a priest when He took bread and the chalice into His sacred hands, and looking up to heaven, to God the Father, blessed them and gave thanks. . . . Christ was a bishop when, raising His hands, He l)lessed His apostles before His Ascension. (258). Cyprian, Ep. 27 (Oxf. 34), 3, mentions Favorinus, a collet, Ep. 35 (Oxf. 7), Naricus the collet. Const, i. Gray, a.d. 1250. 'AKbXovdoi. or sequentes in ordo Sti. Armadi ap. Duchesne Devoti Lib. i. Tit. ii. § 30. 312 Short Alanuals of Canon Law. lower duties of the diaconate, such as, (1) assisting the bishop in temporal matters, (2) assisting deacons in the solemn cere- monies of the Church, and (3) assisting presbyters, in place of deacons, in non-solemn and private consecrations. In the Roman Church in the third century collets were more numerous than any other order, there being no fewer than forty-two of them, and it seems probable that six were told off for the service of each of the seven diaconal districts (regiones) (2^^). 42. The Roman collets in mediaeval times were divided into three classes, according to the three kinds of duties which they were called upon to perform. Some were collets of the palace, and attended on the pontiff at his residence, and conveyed his directions to the clergy and people (2^). Others were collets of stations, and discharged ceremonial functions under the deacon and subdeacon at stational or solemn Eucharists when these were celebrated in the different Churches of the city (-^^). Others again were district or ward-collets, and within the wards to which they were attached performed the indispensable parts of the deacon's duties at the non-solemn Eucharists of titular presbyters {^-^-). 43. Collets appear to have been introduced in the Cisalpine Church chiefly for the purpose of assisting deacons in the solemn service, and their duties are declared to be threefold, viz., (1) to prepare and light the lights in the sanctuary, (2) to hand the (259). Cornelius in Euseb. vi. 43 ; Duchesne 332. (260). Devoti, 1. c. (261). Martinus ap. Gratian I. Dist. sxiii. c. 32, says a collet may handle the sacred vessels in the vestry, but not in Church. (262). Devoti, 1. c. Alexander in. to Bishop of Exeter in Decret. Lib. I. Tit. XVII. c. 6 : A priest alone cannot perform the solemnities of masses without the suffrage of an assistant. John the Deacon's Ep. ad Senarium 10 in Migne Pat. lix. 405 : Collets differ from exorcists in this respect, that exorcists are forbidden to carry the sacramental signs and to minister to priests, and are wholly devoted to laying on of hands [on exergumens], or doing otiier things which fall within the province of exorcists. But collets undertake to carry the vessels with the sacramental signs, and are charged with ministering to priests. Therefore an exorcist can become a collet, but a collet cannot be moved down to the office of exorcist. Duchgsne, p. 332. Privileges and Duties of OTclcr. 3 1 3 water and the wine for the offering together with the chalice to the subdeacon (-**3), and (3) to hold the ceremonial candle whilst the Gospel is being read and the oblation hallowed and at other appointed times, in honour of Christ Who is the true light (2°^). Collets are accordingly known as candle-bearers (ceroferarii) (2^^). At private consecrations they also discharge those parts of the deacon's duties which the priest can not discharge single- handed, and in this capacity are known under the parochial system as parish clerks (-*^^). As such, in parochial Churches they hand to the priest not only the water and the wine but also the Eucharistic bread, which, by the rule of the thirteenth century, is provided by the parish (-''^). They say the re- sponses, invite to prayer and praise, and generally wait on the priest in all his ministrations. To qualify them for these higher duties collets were in mediaeval times ordained with three solemn benedictions, and were said to be consecrated to their office (^~^% •44. The power of exorcising evil spirits was, in early times, held to be the first exercise of active discipleship, and as such (263). Epist. ad Ludifred ap. Gratian i. Dist. xxv, c. 1, § 3 ; Lacy's Pon- tifical, A.D. 1450, p. 81 : Acolitum oportet ceroferarinm ferre et luminaria «cclesiae accendere, vinum et aquam ad Eucharistiam ministrare. (264). Elfric Can. 14, a.d. 957 ; Maskell Mon. Rit. ii. 182. See Tiie Eucharist, note 134. (265). Isidor. de Orig. Off. xiv. 1 ; Concil. Aquisgran. a.d. 806, Qu. 3 ; Information of Hugo de St. Victor ap. Maskell Mon. Rit. ii. 241 : Acolyti Graece, ceroferarii dicuntur Latine. (266). Edgar's Law 35, a.d. 960 : Let no priest celebrate mass alone without one to make responses to him. Concil. Nannet. in Decret. Lib. iii. Tit. 1. c. 3 : Let every presbyter in charge of a people have some cleric to sing with him, to read the Epistle and Gospel, one who is able to keep school and admonish his parishioners to send their children to Church to be in- structed in the faith. (267). Const. 3 Gray, a.d. 1250 ; Const. 27 Peckham, a.d. 1279. (268). Lacy's Pontifical, p. 83 : Quos in officium acolitorum consecramus. Hugo de St. Victor says in his information, ap. Maskell ii. 241 : They receive an empty cruet from the bishop's hand, because they are not worthy to bear a full one, to show that they may touch the vessels of the temple, tut are not yet prepared to administer the office of holy orders. 314 Short Maiiuals of Canon Law. to be within the capacity of every Christian (2^^). Since, however, it required for its exercise prayer and fasting (2^"), it was early confined to a limited class of persons who were appointed to guard the spiritual temple of the Church from evil spirits, as the custodians guarded the Jewish Temple in the time of Ezra(2''i). The exorcist's duties were defined to be, (1) to commit to memory the forms of exorcism, and to lay hands on those possessed with evil spirits, whether baptized or un- baptized, (2) to call upon non-communicants to withdraw, and (3) to pour water in the baptismal service (^72). Exorcists were an important order in preparing for and administering solemn baptism i^'"^). With the decline of the catechumenate their office declined also, and their duties were usually discharged by collets (2^*). After the sixth century they are only met with in the West as a degree of probationers for the presbyterate (-^^). In the East, on the other hand, exorcism was always looked (269). Mark xvi. 17 ; Tertullian de Idol. c. 11 : With wliat consistency will [a Christian] exorcise his own foster-children to whom he affords his own house as storeroom. Origen contra Celsum vii. 67 : By the use of prayer and other means we drive demons out of the souls of men. Cyprian ad. Donat. Ep. i. 5, a.d. 246 : [After baptism] there is given power ... to force to avow themselves the impure and vagrant spirits that have betaken themselves into the bodies of men, to drive them out with heavy blows. . . . The matter is carried on there, but it is not seen. The strokes are hidden, but the penalty manifest. M. Ep. 75, 15, a.d. 255, ad. Magnum. de Spect. 4 : He who in the Church exorcises demons, praises their delights in public shows. See Baptism, notes 54, 67. (270). Math. xvir. 21 : l^iis kind goeth not out but by prayer and fasting. Mark ix. 29. (271). Isidor. de OfRc. ir. 13, 3 : Actores templi exorcistae sunt in popula Dei. Concil. Aquisgran. a.d. 806, Can. 4 repeats this. (272). Stat. Eccl. Ant. L c. c. 18 ; Epist. ad. Ludifred, 1. c. ; Lacy's- Pontifical, a.d. 1450, p. 81 : Exorcistae competit abjicere demones, et dicere populo qui non communicet ut dat locum, etacj^uam in ministerio fundere. Hugo de St. Victor ap. Maskell Mon. Rit. li. 240, says that the exorcist performs his office at the opening of the ears in the baptismal service. See Baftism, § 8. (273). Isidor. de Offic. ii. 21 ; Duchesne 305. (274). Ordo Eomanus ap. Duchesne 288. (275). Duchesne 89. Privileges and Duties of Order. 315 upon as an extraordinary supernatural gift(-"'^), only it might not be exercised without the bishop's sanction (-"'^). 45. Readers appear as a distinct order in the second century, having succeeded to the lower functions of the prophets' office (-"^) when bishops succeeded to the higher ones. Their business was (1) to read the prophetic Scriptures and the Psalms in the public assemblies (-'^), and also to interpret them ; (276). Apost. Const, vill. 26 : An exorcist is not ordained ; Duchesne 331. (277). Concil. Laodic. a.d. 363, Can. 26 ap. Gratian I. Dist. LXix. c. 2 : Those who have not been put forward {■wpoaxO^vre^) by the bishops may not exorcise, neither at Church nor at home. Lynd. 244, (278). Justin i. Apol. c. 65, mentions a reader. Tertullian de Praescript. c. 41 ; Teacliing of Addaeus, p. 29, says the Apostles appointed deacons and elders in the villages, and instructed in tliem those who should read the Scriptures. In Apost. Const viii. 22 the spirit of prophecy is invoked in ordaining a reader. Isidor. de OfRc. ii. 11 : The order of readers has its form and beginning from the prophets. So also Eabanus de Cler. Inst. I. 11 ; Albinus Flaccus, p. 70; Concil. Aquisgran. a.d. 806, Can. 3. Amalarius de Eccl. Offic. ii. 8, considers the office a continuation of the xapia-fia, called the word of wisdom (1 Cor. xii. 8) or interpreting prophecy. In the Egyptian "Church Ordinances," c. 17, the reader ranks above the deacons, and is said " to work the place of an evangelist. In the Aidaxvt XIII., the prophet, if he settles in a place, is to have the firstfruits, because prophets are Christian high-priests, out of which it is implied he would provide for the poor. Lacy's Pontifical speaks of the reader as a preacher, and blessing the firstfruits as being his duty. Information of Hugo de St. Victor ap. Maskell Mon. Pit. li. 239 : Readers took their origin from the prophets. (279). Cyprian Ep. 32 (Oxf. 38), 2, in announcing the ordination of Aurelius as reader, says : Nothing is more suitable for the voice which has confessed the Lord than to sound Him forth in the solemn repetition of the Divine lessons, and to read the Gospel of Christ, by which martyrs are made. Id. Ep. 33 (Oxf. 39), 4, says : He should read the precepts and Gospel of the Lord. Stat. Eccl. Ant. a.d. 505, 1. c. c. 1 ; Epist. ad. Ludi- fred, 1. c, § 5 and § 7 : As the preaching of the Old Testament is committed to readers, so is that of the New to deacons. Concil. Laodic. a.d. 363, Can. 15 ap. Gratian i. Dist. xcii. c. 3, and Concil. Brae. li. a.d. 572, Can. 45, forbid any one to read from the ambon except he has been ordained reader. Theodori Poenit. ii. i. 10, a.d. 673, in H. & S, in. 191 : A layman may not read the lessons in Church [i.e., prophesy, the Epistle and Gospel] nor say the Alleluia, but only the Psalms and responses without Alleluia. 316 Short Manuals of Canoti Law. (2) to act as custodians of the prophetical books ; and (3) to bless the bread and all firstfruits (^^°). In the Church of Alexandria they were taken indiscriminately from among the baptized and catechumens ("^^). At Eome readership was the initial step iu the clerical life (2^^) to which children might be appointed, because their voices carried further than those of adults in large churches ("^^), and the Roman readers were attached to particular titles (^s*). They were required to wear a clerical habit (-^^), and the Seventh (Ecumenical Council ordered them to be ordained by the imposition of hands (^^*'). When public readings from the prophets were dropped in the fifth century except upon a few rare occasions (^87), the sole duty left to them was that of chanting the Psalms. The school (280). Lacy's Pontifical, p. 96 : It behoves the reader to understand what he reads, and to chant the lessons distinctly, and bless the bread and all firstfruits." The blessing of the firstfruits appears to be a survival of the projjhet's right. AtSax^ xiii. 3 : Therefore all the firstfruits . , . thou shalt take and give to the prophets, for they are your chief priests." The blessing of firstfruits now takes place by the bishop or priest in the canon at the words. Per quem haec omnia. DuchSsne 174, (281). Socrates v. 22 ; Cyprian Ep. 26 (Oxf. 29), speaks of readers and catechists as not belonging to the clerical office. (282). Duchesne 334 ; Cyprian Ep. 32 (Oxf. 38), 2 : Although his deserts merited higher degrees, I judged it well that he should begin with the office of reader. (283). The Constitutum Sylvestri enumerates 90 at Rome. In 484 a.d. there were about 500 clergy at Carthage, inter quos quam plurimi erant lectores infantuli (Victor Vit. in. 34 ap. Duchesne 335). Isidor. de Offic. II. 11, 5, says that a clear voice is requisite for a reader. (284). Batiffol Histoire du Breviaire, p. 49. (285). Concil. Brae. i. a.d. 563, Can. 11 : Ut lectores in ecclesia habitu seculari ornate non psallant neque granos gentili ritu dimittant. (286). Cyprian Ep. 32 (Oxf. 38), 2 : This man has been ordained [reader] by me, and by my colleagues who were present. Syn. vil. a.d. 787, Can. 14 ap. Gratian i. Dist. lxix. c. 1 : Since we see that some who in tender years received the tonsure without the imposition of hands do, without the imposition of the bishop's hands, irregularly read the short lessons (collecta) on the reading platform, for the future we forbid this to be done. (287). Duchesne 336. Privileges and Dtitics of Order. 31 7 of readers was then merged in the school of singers (-®^), and the readership continued only as a probationary degree for the presbyterate. 46. In the Eastern (-^^) and the Gallican Church, singers con- tinued as an order distinct from that of readers, their duties being to sing the canticles, processional anthem, offertory anthem, and tlie responses (-^^). Singers were, however, not ordained by a bishop, but only admitted to office by a presbyter without any solemn investiture P^), and their office was not included among the probationary degrees for the presbyterate, doubtless because they were chosen for their voices rather than their merits. On this ground they were forbidden at Rome to discharge any of the deacon's duties (-^-). The school of singers, which is often mentioned at Rome after the seventh century, is really the school of readers (-^^), who combined the singer's duty of singing parts of the service with the reader's surviving duty of singing the Psalms. Women and girls are not allowed to act as singers in Church (-^•*). (288). Schools of readers existed at Lyons in 552 a.d., and at Rheims Ibid. 335. (289). Apost. Const, ill. 11. (290). Epist. ad Ludifred, 1. c. § 4, mentions the benediction-canticle, i.e., tlie Song of the Three Children or the Benediciie ; the psalm ; the hymn of praise, i.e., a portion of the Cherubic hymn sung in the Spanish Church after the procespion of the oblation [Isidor. de Offic. 1. 13, 4, says : That is sung be- fore and after the readings] ; the offertory-anthem, and the responses. (291). Stat. Eccl. Ant. Can. 10, a.d. 505, ap. Gratian i. Dist. xxiii. c. 20, quoted under Order, § 18, note 90; Concil. Brae. ii. a.d. 572, Ibid. i. Dist. xcii. c. 3. (292). Gregory Ibid. i. Dist. xcir. c. 2 ; Concil. Clovesho, a.d. 747, Can. 27 : Psalmody is a divine work, a great cure in many cases for the souls of them who do it in spirit and with zest. But they who sing with voice without the inward meaning may make the sound resemble something . . , but the Psalms are to be sung with the inward intention of the heart. (293). Duchesne, p. 335. (294). The synod which condemned Paul of Samosata, in 265 a.d., stated as one of the charges against him in Euseb vir. 30, that he employed women as singers. Concil. Turon. ll. a.d. 551, Can. 4, forbids lay persons (includ- ing women) within the chancel. Concil. Autissiodor. a.d. 578, Can. 9, forbids girls to sing in Church. See Order, § 44 ; The Sacraments, § 17. 318 Short Manuals of Canofi Law. 47. The lowest of the non-hierarchical orders is that of door- wardens (ostiarii). This order was introduced in imitation of the 4000 door- wardens of the temple in David's time (2^^), and is met with at Rome about the middle of the third century (-^^). Their duties were, (1) to open and close both Church and sacristy at proper times, (2) to take care of the vessels and ornaments of the Church, or, as it was expressed, to guard all that is within and without, and (3) to exclude excommunicates and unbelievers (29^). Hence they received the keys of the Church on admission to office. In later times they were also required (4) to hold the book for the preacher or reader (^^s), and (5) to notify the times of service with the bells (2^^). After the sixth century their lower duties were at Rome committed to a new class of servants called hostillars (mansionarii) (3°''), and the doorwardens, who up to the time of Gelasius had been treated as servitors below the ranks of order (2^*^), were con- stituted the first of the four probationary degrees. Orders of Women. 48. There existed in the early days of the Church several semi-clerical orders of women, one of which ranked next after deacons, and the two others next after confessors, and before all the simple orders of service (^°2). These are the orders of deaconesses, virgins, and widows. (295). 1 Chron. xxiii. 5. (296). Lib. Pontif. i. 155, mentions a door- warden (ostiarius), a com- panion of the martyred deacon Laurence, in 258 a.d. (297). Epist. ad Ludifred, 1. c. § 1 ; Information of Hugo de St. Victor ap. Maskell Mon. Rit. ii. 239 and p. 177. (298). Lacy's Pontifical, p. 79 : Ostiarium oportet percutere cymbalum, aperire ecclesiam, librum tenere ei qui praedicat. (299). Elfric Can. 11, a.d, 957. The prayer in Leofric Missal, p. 211, is " that they may have a most faithful care, both day and night, to dis- tinguish the hours for calling on the name of the Lord. (300). Duchesne 334. " (301). Gelasius, a.d. 494, ap. Gratian i. Dist. Lxxvii. c. 8 : Without knowledge of letters a man could hardly discharge the door-warden's duties. (302). Apost. Const, viii. 24, 25. Privileges and Duties of Order, 319 49. The deaconesses of early times constituted purely an order of service, and had no share in the spiritual gift of the diaconate (^^2). They kept the doors in the portion of the church allotted for the use of women. They prepared women for baptism, and acted as assistants to presbyters and deacons in the baptizing of women (^''^). They visited women when sick, and were the agents through whom women addressed their communications to the bishop (^'^^). Early rule required them to be pure virgins or widows who had only been once married i^^^^, and not under forty years of age at the time of their appointment (2°^). Usually they were admitted to ofHce by the imposition of the bishop's hands (^°^). If they after- wards married they were declared to be anathema (2*^^). In (303). Rom. XVI. 1 mentions Phoebe the deaconess. Ignat. ad Smyrn. c. 12 : I salute the virgins who are called widows [i.e., deaconesses]. Pliny, Epist. X. 97, mentions ministras (deaconesses). Apost. Const, viir. 28 : A deaconess does not bless nor perform anything belonging to the office of presbyters or deacons, but only is to keep the doors and to minister to the presbyters in the baptizing of women on account of decency. (304). Apost. Const, ill. 1 5 : We stand in need of a woman, a deaconess, for many necessities ; and first in the baptism of women the deacon shall anoint only their forehead with the holy oil, and after him the deaconess shall anoint them [i.e., the rest of their persons, or the back and bosom], for there is no necessity that the women should be seen by the men ; but only in tlie laying on of hands the bishop shall anoint her head ; vill. 28 : [A reader and a deaconess] are ministers to a deacon. Thomassin Discip. de I'Eglise l. 1, 52 ; ii. i, 43. (305). Apost. Const. li. 68. (306). Apost. Const vi. 17 : Let the deaconess be a pure virgin, or, at the least, a widow who has been but once married, faithful, and well esteemed. Tertullian ad Uxor. 1, 7 : The Apostle suffers not men twice married to preside over a Church, when he would not grant a widow admittance into the order [of deaconesses] unless she had been the wife of one man. Devoti Inst. Lib. i. Tit. ix, § 22. (307). Concil. Chalcedon a.d. 451, Can. 15. (308). Apost. Const, lii. 15 ; vill. 19 : Thou shalt lay thy hands upon a deaconess in the presence of the presbytery and of the deacons and the deaconesses and pray. Concil. Chalcedon, Can. 15 : Let not a woman be ordained deaconess before she be forty, and that with strict examination. (309). Concil. Chalcedon a.d. 451, Can. 15 ap. Gratian Caus. xxvii. Qu, 1. c. 23 : If after ordination and continuance in ministration a deaconess 320 Short Manuals of Cation Law. the fifth century the Roman rule of not ordaining deaconesses became general in the West (^^°). The term deaconess was also used in the Gallican Church to express the wife of a deacon, just as a presbyter's wife was called a presbyteress (^^^), and a bishop's wife a bishopess (^^-). 50. The orders of virgins and widows have, as such, no ministerial oflBce in the Church. The order of virgins stands before the order of widows, because it is an order of self-sacri- fice. It consists of those who have dedicated their virginity to Christ by a life-long vow (^^^\ and are maintained like others on the roll of the Church out of its revenues (^^^). The entrance to this order is purely voluntary (2^^). Those who embrace it are not ordained like deaconesses (^^^), but are veiled or consecrated (^^'^) ; and those who have once been entered on the roll of the Church as virgins (^^^), although not marries, despising the gift of God, let both her and her husband be anathematised. Novellae Ihid. c. 30 ; Concil. Aurel. ii. a.d. 533, Can. 17. (310). Concil. Araus a.d. 444, Can. 26, forbids to ordain a deaconess; Concil. Epaon. a.d. 517, Can. 21, forbids widows to be ordained deaconesses ; Concil. Aurel. li. A.D. 533, Can. 18 : Let no woman in future receive the benediction of the diaconate. Concil. Turon. ii. a.d. 567, Can. 20. (311). Concil. Turon. ii. a.d. 567, Can. 19; Autissiodor. a.d. 578, Can. 21 ; Devoti Inst. Lib. i. Tit. ix. § 23. (312). Concil. Turon. ii. Can. 13. (313). See Methodius' Banquet of the Virgins. Cyprian de Vest. Virg. c. 4 : [Virgins] have dedicated themselves to Christ, . . . and have vowed themselves to God as well in the flesh as in the spirit. (314). Apost. Const, viii. 30 : Let the tithe be for the maintenance of the rest of the clergy and of the virgins and widows. (315). 1 Cor. VII. 25 ; Rev. xiv. 4 ; Apost. Const, iv. 14 : Concerning virginity we have received no commandment, but we leave it to the power of those that are willing as a vow. Isidor. de Offic. ll. 18, 4. (316). Apost. Const, viii. 24 : A virgin is not ordained. (317). Isidor. de Offic. ii. 19, 11, gives as the reason because they are ex- cluded from participating in the gift of order, and veiling is an honorary distinction. Presbyters are forbidden to veil or consecrate them except when specially authorised. See above, § 25. (318). Socrates I. 17 describes them as h ry Kavovi^ whence they are called canonical virgins. Devoti Inst. Lib. i. Tit, ix. § 21. Pyivilcgcs and Duties of Order. n2 1 veiled or consecrated, are expected to keep their position (■'^'^), or otherwise to submit to penance for leaving it (•'-°). Mrgins are required to be not less than twenty-five years of age at the time they are veiled (^-^), except some special reason calls for their being veiled sooner (^--), and to keep themselves holy in body and sonl, " as the temples of God, the house of Christ, and the habitation of the Spirit " (^-^). They are forbidden to be gadders-about or double-minded, or to frequent the company of those of ill reputation (^'-^), and are ordered to be treated (319). Cyprian de Vest. Virg. c. 20 ; Concil. Tolet. i. a.d. 400, Can. 16 ap. Gratian Cans, xxvii. Qu. 1. c. 27 : A consecrated virgin who falls into sin must not be received in the Cluircli until she has done full penance, . . . liut one who has married must not be admitted to penance unless she lives us a virgin, either during his lifetime or after his death. Innocent, a.d. 404, Ihid. c. 9, 10 : Those who have given out that they would always remain in virginity, although they have not been veiled, ought to do penance if they afterwards marry, but those who spiritually espouse Christ and are ruled by the bishop (sacerdos), if they afterwards publicly marry may not be admitted to penance unless their husbands withdraw from the world. Augustin Ibid. c. 20 ; Hieronym. Ihid,. c. 4 and 5 : If a virgin marries she does not sin. But it is otherwise with a virgin who lias dedicated herself to God. If one of these marries she has damnation, because she has made her first faith of none effect. (320). Concil. Ancyr. a.d. 314, Can. 18 ap. Gratian Cans, xxvii. Qu. 1. c. 24, directs them to be treated as bigamists. Augustin IhiA. c. 41 ; Concil. Araus. a.d. 441, Can. 28 : In either sex those who desert a pro- fession of chastity must be looked upon as evaders of truth (prae- varicatores), and all of these must be set right (consulendum) by lawful I)enance. Innocent I. a.d. 404, Ihid. c. 10 ; Theodori Ihkl. i. Dist. xxvii. c. 3 : If one who has a simple vow of virginity marries a wife, let him not afterwards put her away but do penance three years, (321). Concil. Carthag. ill. a.d. 397, Can. 4. (322). Concil. Carthag. a.d. 418, Can. 18, in Codex Eccles. Afric. 126, says, to save them from being ravished, Concil. Turon. ll. a.d, 567, Can. 20. (323). 1 Cor. vir. 34 ; Apost. Const, iv. 14 ; Concil. Elib. a.d. 305. Can, 13 ap. Gratian Cans, xxvii. Qu, 1, c. 25, forbids such as allow themselves to be corrupted to receive communion in extremis. Concil. Tolet. I, a.d, 400, Ibid. c. 27, prescribes ten years' penance. Gregory Ihid. c. 15, 18, 2P, requires them to embrace a stricter rule. Concil. Tribur, Can. 6, a.d. 895, Ibid. c. 11, orders them to be kept in laborious confinement, (324). Apost. Const, iv. 14. 322 SJiort ]\Iainials of Cajioii Law. with respect, as being the Church's "altar of incense and the incense itself " (^^^). 51. The order of widows is an order of intercession rather than of sacrifice, and stands on a somewhat lower level Q"^^). To this order, which is also entitled to be supported by the Church (^2'^), only those who have been once married (^^^) and are over sixty years of age (^"^) are admitted. By the Greeks, widows were often called presbyteresses (^^^), and sometimes discharged the duties of deaconesses, but were distinguished from them as being unordained (^^^). Widows are required to be meek, quiet, gentle, not talkative, not given to evil- speaking, not busy-bodies (^^^), not putting themselves forward as teachers (^^^) or baptizers (^^^), but to be obedient to the bishop, and to presbyters, deacons, and deaconesses in all things (^^^). Widows are not ordained (^^^), nor are (325). A post. Const, ii. 26 : Let the widows and orphans be esteemed as representing the altar of burnt-offering, and let the virgins be honoured as representing the altar of incense and the altar itself. See Baptism, note 216. (326). Apost. Const, viii. 25. (327). Acts VI. 1 ; 1 Tim. v. 12 ; Apost. Const, ill. 3 ; viii. 29 ; Stat. Eccl. Ant. A.D. 505, Can. 103. (328). 1 Tim. v. 9 : evbs avSpbs ywr) ; v. 11 : Refuse younger widows 6Tav yap KCLTaarp-qvidduxTi tov XpLcrroD, yafxflv deXovcriv' exoi/crat Kpi/xa, on tt/c TrpiSjTrjv TTiaTiv ■qdiT'qaav, (329). Apost. Const. lii. 1 ; 1 Tim. v. 9, requires them to be not less than sixty. Likewise TertuUian de Virg. Vel. c. 9. (330). Concil. Laodic. A.D. 363, Can. 11, calls them irpeff^Mdes iJToi irpoKae-nfjievai, for which Gratian I. Dist. xxxii. c. 19 substitutes, apud nos viduae, seniores, univirae (wives of one husband) et matricuriae {i.e., matriculariae = those on the matricula or church-roll). (331). Concil. Nic. a.d. 325, Can. 19 : Those who are deaconesses in habit, having received no imposition of hands, shall be treated as laity. Duchesne 329 regards widows and virgins as being those who are called deaconesses, but the 1500 widows at Rome mentioned by Cornelius, a.d. 251, in Eus. vi. 43, cannot have been all deaconesses. (332). Apost. Const, iii. 5. (333). Apost. Const, in. 6. (334). Apost. Const, ni. 9. (335). Apost. Const, in. 7. (336). Apost. Const, viii. 25; Concil. Laodic. a.d. 363, Can. 11 ap. Gratian l. Dist. xxxii. c. 19 : Concil. Turon, a.d. 567, Can. 20. Privileges and Duties of Order. 323 they in the West veiled by a bishop (•'^•^^), but after makiug a written profession (^3^) they veil themselves without any benediction (•^=''^), If they afterwards marry, they are ordered to be excommunicated (^■^°). Their business is to pray con- tinuously for those that give and for the whole Church (^'^^), (337). Concil. Rothomag. a.d. 650, Can. 9 ; Concil. Tribur. a.d. 895, ap. Gratian Caus. xsvii. Qu. 1. c. 8 : Let no bishop dare to veil widows. Theodori Poenit. ii. in. 7, a.d. 673, in H. & S. m. 193 : The Greeks bless alike a widow and a virgin, and choose either to abbess. The Romans do not veil a widow like a virgin (cum virgine). (338). Concil. Araus. a.d. 441, Can. 27 ap. Gratian Caus. xxvri. Qu. 1. c. 35 : The profession to preserve widowhood, made before a bishop in writing, may not be violated after the widow's garb has been assumed before the bishop. Concil. Tolet. iv. a.d. 633, Can. 56 : There are two kinds of widows, (1) secular and (2) hallowed (sanctimoniales). . . . Hallowed widows are those who, changing the secular habit, have appeared in a religious garb either before the bishop or in church. Concil. Tolet. X. A.D. 656, Can. 4 Ihid. Caus. xx. Qu. 1. c. 16 : Let a widow who wislies to devote herself to religion make a profession in writing before a presbyter or deacon, stating her purpose and her intention of inviolately carrying it out. Then having received from the presbyter or deacon a habit suitable for the profession of religion, let her wear it night and day, nor let it be a distinguished garment, particoloured or with trimmings, but religious and giving no offence. (339). Gelasius ap. Gratian Caus. xx. Qu. 1. c. 11, a.d. 494, forbids a bishop to veil a widow ; also Martin, a.d. 572, Ibid. Caus. xxvii. Qu. 1. c. 8 ; Nicolaus Ihii. c. 34, and I. Dist. xxvii. c. 6, speaks of a widow veiling herself. Gelasius Ihid. Caus. xxvii. Qu. 1. c. 42 : We have already spoken of the veiling of widows without any benediction. (340). Concil. Tolet. ill. a.d. 589, ap. Gratian Caus. xxvii. Qu. 1. c. 38 : If widows, before they profess continence, choose to marry, let them do so. But after the profession, 1 Tim. v. 11 says ix^^'^i- Kpip-a. Stat. Eccl. Ant. A.D. 505, Can. 10, forbids any communion to be had with such. Augustin Ihid. Caus. xxvii. Qu. 1. c. 33, says, "because of the breach of vow." Concil. Araus. A.D. 441, Ihid. c. 35 ; Gregory Ihid. c. 2 ; Concil. Paris v. A.D. 615, Can. 13 ; Concil. Worm. a.d. 868, Ihid. c. 34 ; Concil. Tolet. VI. a.d. 638, Can. 6, Ihid. Caus. xx. Qu. iii. c. 2 ; Isidor. de Offic. II. 19, 5. (341). Apost. Const, in. 5 : Let the widow mind nothing but to pray for those that give, and for the whole Church ; in. 7 : As Judith prayed to God night and day for Israel [Judith ix. 12], so also the widow who is like to her will offer her intercession without ceasing for the Church to 324 Short Maiuiah of Canon Lazv. ^vhence they are said to be affixed to the altar of Christ (^^-). 52. In the Middle Ages the orders of virgins and widows disappear from view under those names, but are found existing as cloistered nuns or uncloistered canonesses, whose duties will be mentioned under the subject of discipline. By Galilean rule, the widows of presbyters and deacons were strictly for- bidden to marry again (2^^), and were expected to enter and had the privilege of being received into religious houses as canonesses. The same privilege and disability were enjoyed by the widows of reigning sovereigns in Spain (^■*^). Ecclesiastical Persons. 53. In the times which followed the breaking-up of the Roman Empire and the hasty conversion of the northern nations, a large number of those who outwardly bore the Christian name and had received baptism, were not only careless in regard of Christian duties, but also indifferent to the exercise of Christian privileges. Those with whom it was otherwise, for the most part sought and obtained admission to the ranks of order, or else embraced the monastic life. Some few, nevertheless, retained their full position and privi- leges as laymen in the world ; and these, in contrast to the clergy on the one hand, and to the mass of indifferent Christians, who practically were no better than probationer- catechumens, on the other, were termed ecclesiastical persons. 54. Properly, the term ecclesiastical persons is used to denote all who are members of the Christian eKKXtjaia, i.e., God. Stat. Eccl. Ant. a.d. 505, Can. 103 ap. Gratian i. Dist. Lxxxi. c. 34 : Widows who are supported by the Church ought continuously to pray for the Church. Concil. Worm. a.d. 868, Ihid. Caus. xxvii. Qu. 1. c. 34, speaks of them as praying and making oblations. (342). Apost. Const, iii. 6 : Let the widow, therefore, own herself to be tlie altar of God ; in. 7 : Such [unworthy] widows are not affixed to the altar of God. li. 26 ; Tertullian ad Uxor. i. 7. (343). Concil. Autissiodor a.d. 578, Can. 22 : It is forbidden to the widow of a presbyter, a deacon, or a subdeacon, after his death, to marry again. Concil. Matiscon. IL a.d. 585, Can. 16. See WecVoch, § 14. (344). Concil. Tolet. xiii. a.d. 683, Can. 5. Privileges and Duties of Order. 325 the faithful generally (^■'•''). In the times of laxity referred to, it came to be confined to two classes of persons — (1) to those who were called religious persons, such as ascetics and confessors, monks and nuns, who openly professed and pledged themselves to pursue perfection (^^•') ; and (2) to various lay- officials of the Church (^^"), whose position made them amen- able to discipline, and who were, therefore, presumed to be living according to ecclesiastical rule (^^^). The outward mark of both classes was the tonsure (•*^'^) and wearing the garb of (345). Ireii. Haer. iir. 16, 2, a.d. 17o : The Valentinians call those wlio belong to the Church gikl-members (KadoXiKovs, rendered communes) and ecclesiastical persons {€KK\-q(na.(TTLKovs = members of the iKKX-na-ia), therein imitating our phraseology. (34C). Joan. Damasc. de Confess, c. 11 says that the power of binding and loosing has passed from the high-priests to the elect people of God, to wit, the monks, because of the degeneracy of the priesthood. (347). Concil. Chalcedon, a.d. 451, Can. 2, calls them ol ev rip K\r}pi^, and excludes from their number monks. Lynd. 85, 152, 191 ; Devoti. Inst. Lib. I. Tit. I. § 1 and 12. (348). Const. 49 Langton, a.d. 1222 : Let no Churches be let to farm, but to one in orders, of whom it may be presumed that he will apply the fruits to good uses. Const. 8 Otho, a.d. 1237 : That Churches be not at all fanned to laymen nor to ecclesiastical persons for above five years. Const. 15 Peckham, a.d. 1281 : That Churches be not farmed Ijut to holy and reputable ecclesiastical persons, whom the bishop may freely coerce. The statute 13 Eliz. c. 2, a.d. 1570, forbad such leases, unless the leasing incumbent were resident, or unless they were made by a dispensed plu- ralist to his resident curate. 43 Geo. ill. c. 84 forbad them altogether. (349). Morinus de Ord. Pars. iii. Ex. 15, c. 3 contends that there never were any clergy who became such by the tonsure without being admitted to some degree of order. Mabillon Acta Sanct. in Praefat. ad Saec. 3, Vol. iir. Pars. l., § 1, c. 19, contends that at an earlier time than Morinus imagines, the tonsure was separate from order. In the sixth century, Greg. Tur. Hist. Franc. Script, i. 303 relates : Propria manu capillos incidens clericus factus est, which may be explained by Concil. Tolet. IV. a.d. 633, Can. 55, which speaks of secular persons embracing a life of penance [as monks], and giving themselves the tonsure. Whence it is seen that tonsured persons were at first only monks. Baeda iii. 5 con- trasts sliorn monks with laymen. Honorius ill., in Decret. Lib. iii. Tit. ii. c. 10, lays it down that one who has received the tonsure only is not bound to wear the clerical habit, if he takes arms. 326 Short Jlfamials of Canon Law. religion ; and it was held to be an essential qualification for the tonsure that the candidates should be literate persons (^^^). Canonists hold that the tonsure is a deputation towards receiving spiritual power, a prelude to orders, which separates from the state of conventional lay life, and that consequently all tonsured persons whether monks or clerks are an order (^^^). Theologians refuse to allow to them this position (^^'^), on the ground that they belong to neither of the two orders of intercession or of service, and are only a section of the third order of laymen. 00. As hospitality to poorer members of the One Body is a fundamental duty of Christians, so it was always deemed to be a peculiar obligation of the Church to provide for the necessities of religious persons. Hence confessors (^^^) and ascetics, who had sacrificed themselves for the glory of God and the enlightenment of the world, were in former times placed on the roll of the Church in large cities and main- tained by it. Under the system of foundations of mediaeval times, the religious, i.e., monks and nuns, were endowed with tithes and landed estate as property given to God (^^*), and (350). Gelasius, a.d. 494, ap. Gratian i. Dist. Lxxvii. c. 8 : Without letters he can scarcely discharge the door- warden's office. Boniface viii. in Sext. Lib. i. Tit. ix, c. 6. (351). Eelying on Innocent, ill. in Decret. Lib. I. Tit. xiv. c. 11 : Since it sometimes haj^pens that laymen taking refuge in monasteries receive the tonsure from their abbots, and you inquire whether the clerical order is conferred by such tonsure, we answer [referring to Syn. vii. ap. Gratian i, Dist. Lxx. c. 1] that the clerical order is bestowed by the first tonsure given according to the form of the Church. (352). Relying on Boniface viii. in Sext. Lib. I. Tit. ix. c. 4 : Let no bishop or other person presume to bestow the clerical tonsure on an infant, unless he join a religious order, or on an illiterate j^erson, or on the sub- ject of any other bishop without his superior's leave, nor on a married man, unless he desires to enter religion or to be promoted to holy orders. (353). Apost. Const, viii. 13 ; Cyprian Ep. 36 (Oxf. 12) : Manifest all care for those who with a glorious voice have confessed the Lord. . . . Let no consideration be wanting. (354). Concil. Paris a.d. 829, Can. 16 ap. Gratian Cans. xvi. Qu. 1. c. 68 : Since all that the clergy (clerici) have belongs to the poor, and their houses, should be open to all, they ought to be ever ready to receive strangers Pyivilcges and Duties of Order. 327 tonsured clerks were permitted to receive ecclesiastical dues, and to be temporary lessees of ecclesiastical property. Thus, in an age when the higher clergy were often given to covetousness, the principle was vindicated that it is a duty of the faithful to make provision, not only for the clergy but for all their poorer brethren in need i^^^') who faithfully live a Christian life. 56. The various lay officials of the Church, who are now comprised under the designation of ecclesiastical persons, in- clude — (1) the property-stewards, or administrators (^^^) of bishops, and, in later times, of incumbents also, who, when the leasing of ecclesiastical benefices was allowed, were accounted fit persons to hold such leases (^^'^) ; (2) the judges in ecclesiastical courts (^^^), who discharged the judicial duties once exercised by the whole body of the faithful in common with their rulers (^^^) ; (3) the hostillars, or house-stewards, who presided over the guest-houses of the Church, and, more particularly, the order of that name which had charge of the guest-houses of the Church in the Holy Land ; (4) the military retainers of the Church, who protected Churches amid danger- ous surroundings, and safeguarded pilgrims from brigands, such as the order of the Templars ; and (5) the various secretarial officers — archivists, registrars, notaries, and others — who kept the acts and roll of members, and the judicial records (^''*^). 57. Unless otherwise bound to continency, as monks are, and guests. Their greatest care should be to supply from their tithes and offerings as large a maintenance as they will and can to monasteries and guesthouses. It is, therefore, permitted (liberum est) to grant tithes and oblations and penance-dues (remedia) to monks and spiritual men who fear and worship God, and to transfer them from private hands to their dominion and use, not regarding poverty so much as religion among the poor. See Tlie Parish. (355). Synod Rem. a.d. 502, ap. Gratian I. Dist. xcvi. c. 10, § 3 ; Pseudo- Hieronym. Ihid. I. Dist. xciil. c. 23, § 5. (356). OlKovdfioi, in Concil. Chalcedon, a.d. 451, Can. 2 ; Lynd. 152. (357). See above, note 348. (358). See The Diocese. (359). 1 Cor. v, 4. See Order, note 19. (360). See The Diocese. 328 Short JManuals of Caiioii Law. or holding certain judicial offices ("*^^), ecclesiastical persons are not under restraint in respect of marriage Q^-). They are, however, subject to ecclesiastical discipline (^^''^), and are forbidden to be admitted to spiritual benefices which have a cure of souls (^^). In this country, custom based upon civil legislation, now exempts even judicial officers of the Church who control the clergy from matrimonial disabilities, provided they have graduated in the science of cauon law P*'^). (361). Const. 2 Chicliele, a.d. 1415. (362). Concil. London, a.d. 1175, Can. 1 : Any under subdeacons must keep their wives if they are married, unless by mutual consent they choose to be religious. Alexander in. to Archbishop of Canterbury and Bishop of Hereford, in Decret. Lib. in. Tit. in. c. 1 and 2. (363). Const. 19 Boniface, a.d. 1261 ; Const. 15 Peckham, a.d. 1281 : Ecclesiastical persons whom the bishops may freely coerce. Lynd. 221, 152, 352. (364). Concil. Westminster a.d. 1200, Can. 14 ; Devoti Lib. I. Tit. i. ^2. (365). 37 Hen. viii. c. 17. 829 VII. WEDLOCK. Christian and Legal Wedlock. 1. Among laymen those who are married constitute a separate rank or estate which is recognised as having distinct duties of its own, and to which solemn admission is given in the Church. This estate is termed the conjugal or wedded order (^), and its members are said to hold a position of lanited life initiated by mutual consent and endowed with a spiritual grace. Wedlock is, however, of two kinds : (1) carnal, and (2) spiritual. Carnal wedlock is a position of united life in which the instinct connecting the sexes is brought under the rule of Christ and acquires definiteness and sanctity, whereby it becomes a means of grace and a safeguard against sexual sin. vSpiritual wedlock is a position of united life in which the spiri- tual relationship between a prelate and his Church is hallowed for the edification of both. 2. Carnal wedlock or matrimony, sometimes called the sacra- ment of the imperfect (2), is at once — (1) a natural relation, the end of which is offspring {proles), (2) a civil relation or contract {fides), and (3) among Christians a spiritual relation elevating and hallowing the other two {sacramentum) (^). As a natural (1). It is called ordo conjugalis, Gratian i. Dist. xvi. c. 11 ; ordo con- jugatorum by Gregory. See Order, § 1. (2). Const. 9 Peckliam, a.d. 1281 : There are two other sacraments, order and wedlock. The first is proper for the perfect, the other, in the times of the New Testament, to the imperfect only. Lynd. 44 ; Clement Alex. Strom. II. 23 : Whether we ought to marry or not is one of the points which are said to be relative. (3). Augustin ap. Gratian Cans, xxvii. Qu. ii. c. 10 : The whole benefit of nuptials was fulfilled in the parents of Christ — offspring, fidelity, life- long companionship (proles, fides, sacramentura). We know they had Christ -as offspring ; there was fidelity because there was no adultery, and 330 Short Mamials of Canon Law. relation, it is the marital coupling of man and woman for the sake of offspring (*) ; as a civil relation, it is a tie or obligation of fidelity, which by the law of the state the married incur to one another so long as the contract subsists (^). The marital coupling and the obligation of fidelity together constitute yoke- fellowship (conjugium) or the state of wedlock. As a spiri- tual relation among Christians it is a yoke-fellowship for life founded upon divine grace (^), which by the sanctity attached to the plighted troth (sacramentum) C^), and the limitation of the lifelong companionship because there was no separation, Ihvl. Caus. xxxii. Qu. 1. c. 11 : Some things belong properly to nuptials, by which nuptials are distinguished from concubinage [adulteria in the generic sense], such as fidelity to the conjugal bed, the care of procuring children in due course, and (what is the greatest difference) the good use of an evil thing, i.e., the good use of the desire (concuj^iscentia) of the flesh, which good use liber- tines abuse. See Methodius' Banquet of the Virgins, Dist. ii. ; Isidor. de Offic. II. 20, 10 : By fidelity is understood being true to one another ; by offspring, that it be lovingly undertaken and chastely brought up ; by sacrament, that the union be not broken or any fresh union entered upon for the sake of offspring. Thom. Aquin. in 4 Dist. 26 Qu. 2 Arg. 2 ; Matrimony was instituted for a natural purpose in man's first estate of innocence. It was appointed to be a remedy against sin in the estate of fallen nature. Under the new law it was ajjpointed by Christ to be a sacramental sign. Ayliffe 360. (4). Ambros. ap. Gratian Caus. xxxil. Qu. ll. c. 1 : It is sad for women not to have the reward of nuptials [i.e., offspring], to whom this is the one reason for marrying. Since the reward of wedlock and the grace of nuptials for women is to bear children, it is no wonder that the virginity of Mary deceived the world. (5). Augustin Ihid. c. 3 : Married people owe one another not only sexual fidelity for the sake of producing children, but also mutual sub- mission for the sake of bearing with one another's infirmities to avoid illicit embraces. (6). Innocent, A.D. 404, ap. Gratian Caus. xxxiv. Qu. 1. c. 2, calls it con- jugium gratia divina fundatum. Tertullian ad Uxor. c. 8 : Whence are we to find words to tell the happiness of marriage which the Church cements, the oblation confirms, the benediction seals, angels announce, the Father holds ratified % Liebermann vi. 899. (7). Augustin de Bono Conjugali c. 24 : The good of marriage amongst all nations and all men is [1] the procreation of children, and [2] fidelity ; but amongst God's people it is also [3] the sanctity of the plighted troth Wedlock. :33l marital coupling to one person (^), becomes a visible repre- sentation (sacramentum) of the union betwixt Christ and Ilis Church (^). If a position of united life is entered upon for other purposes than the sake of offspring Q^'), still the character of sacramental wedlock cannot be denied to it, provided it is (1) a union between Christians, (2) is undertaken for life and not for temporary lust, and (o) there is no desire to escape from the natural consequences of wedlock ('^). 3. In regular course Christian wedlock is entered upon by two acts (^-) — (1) the promise of marriage or betrothal, and (sacramenti sanctitas), wliich makes it a crime (nefas) to divorce one and marry another during her lifetime. Id. ap. Gratian 1. c. c. 5 : Concubines taken for a time, even if the object is the procreation of children, do not make conculnnage lawful (justuni). (8). Clement Alex. Strom, ii. 23 ; Gratian Cans, xxvir. Qu. ir. Init. : Yiri mulierisque conjunctio individnam vitae consuetudinem retinens, the latter words representing the Christian addition to a natural relation. AylifTe 359 ; Devoti Lib. ii. Tit. ii. § 102 ; Liebermann vi. 884 ; Perrone Praelect. 297. (9). Eph. V. 25, 32. (10). Lynd. 273 mentions as secondary goods contemplated by marriage, bringing kindred spirits together, the acquisition of money and friends, the settlement of feuds. (11). Augustin Ihid. c. 6 : The question is sometimes asked whether, if two unmarried persons come together, not for the purpose of begetting children but only from incontinence, pledging mutual fidelity to one another, such a relation can be called marriage (nuptiae). It may indeed not improperly be called a state of marriage (connubium a marriage allowed by law), if, (1) it is agreed that it shall continue to the death of one of the parties, and (2) they have not avoided the begetting of children, although they have not been united for that purpose, so that they are not unwilling that issue should be born, and have taken no unlawful means to prevent issue being born. But if one or both of these [conditions] are wanting, I do not see how such a union can be called marriage (nuptiae). Gregory ix. in Decret. Lib. iv. Tit. v. c. 7. (12). Augustin ap. Gratian Cans. xxx. Qu. v. c. 4 : A proper and lawful wife should be a chaste virgin— [1] betrothed in her virginhood, lawfully endowed, given by her parents to the bridegi-oom, and received at the hands of her bridesmaids, and [2] according to the law and the Gospel she should be taken to wife by public nuptials, and all the days of her life never be separated from her husband except by consent for prayer, 332 Sho7't Manuals of Canon Law. (2) the act of marriage or the nuptials. The betrothal (^^) or de- sponsation (^*), called also the espousal dc futuro {}'') or conjugal and she shall be dismissed if she prove untrue, but none other be wedded during her life. Pseudo-Isidor. Ihid. c. 1 : Marriage is not lawfully entered upon unless — [1] the wife is asked for at the hands of those who have the charge and custody of her, and is betrothed by her parents and friends, and endowed according to law, and [2] in proper time blessed with the priest's blessing, with prayers and oblations, as is the custom, and being asked for at the hands of her friends at the proper time is given away according to law and solemnly received, and both bride and bridegroom devote themselves to prayer for two or three days, and preserve chas- tity. Concil. Turon. ii. a.d. 567, Can. 20 ; Nicolaus Ihid. Cans. xxxi. Qu. II. c. 4. (13). Ancient Form of Espousal, a.d. 946, in Johnson : If a man will marry a maid, and she and her friends so please, then it is fit that the bridegroom, according to God's law, do — [1] first covenant and promise Avith him that acts for her that he desires to have her on condition to retain her according to the divine right as a man ought to retain his wife ; and let his friend give caution for that. Then let it be known who is bound to maintain them, and let the bridegroom promise this and afterward his friend. Let the bridegroom declare with what he endows her if she outlive him. . . . Let him finish all with a pledge of his promise, and let his friend be surety for it. If they are agreed as to all the particulars, then [2] let the kindred take their kinswoman and wed her to him that wooed her for a wife and an honest life, and let him that was principal in making the match take surety to this purpose. (14). Desponsatio is used of a promise to marry at a future date, by Hieronym. ap. Gratian Cans, xxvii. Qu. il. c. 13 : A man whose wife is dead may marry another, provided she be not divorced or betrothed (desponsata) to another. Gregory Ihid. c. 12 : Let him who marries the betrothed girl of his neighbour be anathema . . . not one who was his wife, but one who ought by her parents' gift to become his wife. Gregory Ihid. c. 14 : If any one has betrothed himself or given an engagement pledge (subarrhaverit) to a wife, let none of his close kindred marry her, although he was prevented by death from marrying her. Theodori Poenit. II. XII. 33, in Haddan and Stubbs ill. 201, and Ibid. c. 27 : Parents may not give a betrothed girl to another, unless she resolutely refuses [to wed her betrothed], but she may, if she will, enter a nunnery. Concil. Tribur. a.d. 895, Ihid. c. 31. (15). Lynd. 271 : The espousal is the promise of future nuptials, but the nuptials or matrimony is the marital coupling of man and woman, retain- ing the individual habit thereof for life. Wedlock. 333 pact (^^), and sometimes the wooing (^"), or in Jloman times veiling (i^), is an agreement entered into before witnesses i^'^') by or on behalf of two persons (-*') not disqualified from con- tracting, whereby they pledge themselves to proceed to actual marriage at a future date. Formerly betrothal was made solemnly by oath, and was followed by the priest's blessing (-^) ; but solemn betrothal as a sepai'ate act has long been obsolete in this country, and now only exists as the preliminary part of the marriage service. The publication of the intention to marry, or as it is usually termed banns, is, however, required as a preliminary (--), in order to ascertain (1) that no canonical (16). Augustin ap. Gratian Cans, sxvii. Qu. ii. c. 51, distinguishes — [1] the pactio conjugalis from the [2] consensus which constitutes matrimony. If any one has contracted to marry a woman he ought not to wed another. If he does, he ought not to put the other away, but to do penance for a breach of contract. But if he has solemnly consented, he may not marry another, and if he does must put her away. (17). Augustin ap. Gratian Cans, xxvii. Qu. ii. c. 39: It is appointed that such as are betrothed be not married at once, lest the husband think little of the wife whom he has not longed for (suspiraverit) with delay. Concil. Paris in. a.d. 557, Can. 5, calls this courtship (competitio). Ancient Form of Espousal, quoted note 13, calls it wooing. (18). Pelagius ap. Gratian i. Dist. xxxiv. c. 20, says velata non tameu ei nupta. (19). Concil. "Westminster a.d. 1102, Can. 22 : That promises of marriage made without witnesses be null if either deny them. (20). Const. 30 Edmund, a.d. 1236 : They who give girls to boys in their cradles do nothing, except both consent when they come to years of discretion [i.e., fourteen and twelve respectively]. (21). Siricius ap. Gratian Cans, xxvii. Qu. ii. c. 50. (22). Concil. Westminster a.d. 1200, Can. 11, orders that no marriage shall be contracted without banns thrice published in the Church. Concil. Lat. IV. A.D. 1215, Can. 51, in Decret. Lib. iv. Tit. in. c. 3, requires the pub- lication of marriages about to be contracted for this object. Const. 7 Reynolds, a.d. 1322 : Let tlie priests while the marriage is contracting interrogate the people, under pain of excommunication, by three public banns concerning the immunity of the bridegroom and the bride on three Lord's days or festivals distant from each other. If the priest neglect these banns, let him not escape the punishment lately enacted in the general council. And let priests often forbid such as are disposed to arry to plight their troth anywhere but in some notable place before 33-4 Short Manuals of Canon Law. impediment exists to a valid marriage (-■^), and (2) that those legal consents have been obtained without whicli the ensuing marriage would be civilly invalid (^*). 4. To effect a solemn betrothal, an engagement-gift is required as a pledge (^% and also the consent of par- ents (^^). Children under seven years of age ought not to be betrothed, except for some overwhelming necessity (-^) ; but if they are betrothed, either of them may repudiate the engagement on reaching adult years, i.e., a boy when he is fourteen, a girl when she reaches her twelfth year (^^). If priests and public persons called together for this purpose. Const. 8 Mepham. a.d. 1328, directs priests to be suspended for three years who marry any without publishing their banns, except by the bishop's license. Const. 11 Stratford, a.d. 1343 ; Const. 7 Zouche, a.d. 1347. (23). Such as (1) having acted as sponsor at baptism, or having held the baptized at confirmation, (2) being related within the fourth degree, (3) having promised marriage to any other person, (4) having taken a vow of religion. See authorities ap. Gratian Caus. xxvii, Qu. i. and below, §15. (24). Concil. Aurel. iv. a.d. 541, Can. 24, requires the master's consent to make the marriage of a slave lawful, but if he marries without consent the marriage is still good. Concil. Paris iii. a.d. 557, Can. 6, forbids a man to marry either a maid or a widow unless his relatives consent. Adrian in Decret. Lib. iv. Tit. ix. c. 1. Marriages without relatives' consent are valid according to Concil. Trident. Sess. xxiv. c. 1, and 32 Hen. viii. c. 38 and 33 Hen. viii. c. 6. (25). Pseudo-Isidor. ap. Gratian Caus. iii. Qu. iv. c. 4 : Any one who is not lawfully coupled, i.e., who is wedded without a dowry title and the priest's blessing. M. Ibid. Caus. xxx. Qu. v. c. 1 ; Cap. Reg. Fran. Ibid. c. 6 ; Conf, Decret. Lib. iv. Tit. xx. It is called arrha by Innocent III. in Decret. Lib. in. Tit. xxxil. c. 14, Gregory i. ap. Gratian Caus. xxvii. Qu. II. c. 12, uses the phrase subarr haver it. It is also called pignus. See Devoti Lib. li. Tit. ii. § 111. Ayliffe 361. Such is the ring of modern times. (26). Concil Aureh iv. a.d. 541, Can. 22 ; Concil. Paris in. a.d. 557, Can. 6 ; Nicolaus ap. Gratian Caus. xxx. Qu. il. c. 1 ; Const. 30 Edmund, A.D. 1236 ; AyHflfe 362 ; Can. 100 of 1603 a.d. (27). Nicolaus ap. Gratian Caus. xxx. Qu. ii. c. 1 : Those who give boys to girls in the cradle effect nothing, unless both consent when they come to years of discretion, although the father and mother agreed and were willing. Const. 30 Edmund ; Lynd. 272. (28). Const. 30 Edmund, a.d. 1236 ; Lynd. 272. Wedlock. 335 they do not repudiate it then they cannot repudiate it after- wards (2^). If any objection is made at the time of the publication of banns, the investigation of it must be referred to competent judges (^°), since an ordinary presbyter in charge of a parish has no jurisdiction of the outer forum. 5. The efifect of a solemn betrothal (^^) is to create such a tie between the parties that they are henceforth called engaged persons (^-) (sponsi), and is equivalent to a simple vow to marry each other (^^). Should a solemn betrothal be followed by an act of consummation, there arises what is called a presumptive marriage (^■*), the effect of which was formerly (29). Clemens iii. in Decret. Lib. iv. Tit. xviii. c. 4. (30). Concil. Lat. iv. a.d. 1215, in Decret. Lib. iv. Tit. in. c. 3 : If there is a probable conjecture against contracting a marriage, let tlie contracting be expressly forbidden until it has been established by proof what ought to be done. Const. 23 Otho, a.d. 1237 ; Const. 6 Zouche, a.d. 1347. (31). Prior to the Marriage Act, 26 Geo. ll. c. 33, a betrothal, or, as it was called, a contract of marriage (pactio), was a valid contract, which, if it could be proved by witnesses, either party could enforce, against the other, and it was indissoluble inter partes, Devoti Lib. ii. Tit. ii. § 112. Sec. 13 of that act provided "that in no case whatsoever shall any suit or proceeding be had in any ecclesiastical court to compel a celebration of any marriage in facie ecdesiae, by reason of any contract of matrimony." Concil. Elib. a.d. 305, Can. 54 ap. Gratian Caus. xxxi. Qu. III. c. 1 : If parents have broken the faith of a betrothal, let them be excommunicated for three years [the sentence for breach of a simple vow], not, however, unless the betrothed parties (sponsu.s et sponsa) have been consenting parties. Decret. Lib. iv. Tit. iv, c. 1, (32). Concil. Elib. Can. 54, a.d. 306, 1. c, calls engaged persons sponsus et sponsa. Augustin Ibid. Caus. xxvii. Qu. ll. c. 39 : Betrothed maidens (sponsae) should be at once given in marriage. Pelagius Ibid. i. Dist. xxxiv. c. 20, calls one betrothed sponsa. (33). The importance of betrothal formerly consisted in the fact (1) that it was made upon oath, Decret. Lib. iv. Tit. L c. 17 ; and (2) with the blessing of the Church, to break which Siricius, quoted note 42, says is a kind of sacrilege. In this country betrothal was no more than a simple promise, unless it had been followed by consummation, whereby the position of the parties was altered. The ancient form of Espousal, quoted note 13, and Lingard, Anglo-Saxon Church ii. 11, show that the solemn betrothal here took place at the time of marriage. (34). Athenag. Apol. A.D. 177, c. 33 : [Christ] permits not a man to send 33G SJiort Alanuals of Canon Lazu. such tliat any after-contracted marriage could be dissolved, and the presumptive marriage perfected into true marriage (^^). These consequences have now been done away with in this country, at least so far as regards external obligation (^^). The question of internal obligation is a matter to be dealt with according to circumstances in the inner forum. 6. When there has been no act of consummation, and a betrothal has neither been made upon oath nor the blessing of the Church been given to it, it may be dissolved either (1) by mutual consent, or (2) by one of the parties, if a destructive (dirimens) impediment supervenes (^''), or if the other party is guilty of gross crime Q^), or becomes a leper or permanent invalid (^^), or takes a vow to enter religion (^°), or fails to fulfil some stipulated condition (^^), When, however, it has been made upon oath, and received the blessing of the lier away whose virginity he has brought to an end. Innocent iii. a.d. 1 203, in Decret. Lib. i v. Tit. v. c. 6 : After espousals have been contracted and sexual union has followed, there is a presumptive marriage. Ibid. Lib. V. Tit. XVI. c. 1 ; Devoti Lib. ii. Tit. ii. 107. (35). So Alexander iii. in Decret. Lib. in. Tit, iv. c. 3 and 5, In Collins V. Jesset, 6 Mod. 155, 2 Salk. 437, Stephens' Eccl. Stat. 328, it was stated by Justice Holt : If the contract be joer verba de futuro, and after either of the parties so contracting, without a previous release or discharge of the contract, marries another, it will be good cause with them [the canonists] of a dissolution of a second marriage, and of decreeing the first contract being perfected into marriage. (36). Concil. Trident. Sess. xxiv. c. 1, and in this country, 26 Geo. il. c. 33, and 4 Geo. iv. c. 76. (37). Innocent iii. in Decret. Lib. iv. Tit. 1. c. 27, and Urban in. Ibid. Tit. XIV. c. 2. (38). Innocent in. in Decret. Lib. li. Tit. xxiv. c. 25, says, because of the fornication of one of the parties after the betrotlial. Craisson, § 4022. (39). Urban ni. in Decret. Lib. iv. Tit. vni. c. 3. Craisson, § 4025. (40). Gregory ap. Gratian Caus. xxvii. Qu. ii. c. 28 ; Theodori Poenit. II. XII. 33, A.D. 673, Ibid. c. 27, and in Haddan and Stubbs in. 201 ;. Alexander in. in Decret. Lib. in. Tit. xxxii. c. 2 ; Innocent in. Ibid. c. 7 ; Devoti § 129. (41). Gregory in. a.d. 740, in Decret. Lib. n. Tit. xxiv. c. 3 ; Alexander III. Ibid. Lib. iv. Tit. v. c. 3 ; Urban in. Ibid. c. 5, Wedlock. 337 Church (■*-), it can only be cauonically dissolved, like any other simple vow, by a dispensation, for which a good cause must be assigned ; but it is dissolved i^so facto by any other marriage being consummated (^^). In such a case the joarty marrying another is amenable to discipline for the breach of faith. 7. The actual marriage or the nuptials include — (1) the union of consent (■*^), or espousal per verba de pracsenti, which creates what is known as ratified wedlock (matrimonium ratiim) (^^) ; and (2) sexual union or consummation ('*°), which creates what is termed consummated wedlock (matrimonium consummatum) (■*"). The union of consent is the plighted (42). Concil. Elil). a.d. 305, Can. 54 a}). Gratian Cans. xxxi. Qu. iii. c. 1 ; Novell. Ibid. Cans. xxx. Qu. v. c. 9 : If any one swears to a woman upon the Holy Scriptures that he will have her as his lawful wife, or does so in an oratory, altlioiigh he does not endow her, let her be his lawful wife. Siricius Ibid. Caus. xxvii. Qu. ii. c. 50 : You ask if one may receive in matrimony a girl betrothed (disponsatam) to another. We anathematise such a union (connubium = a marriage in law not recognised as such by the Chm-ch) and altogether forbid it, because that benediction which the priest gives one about to be wedded it is held amongst the faithful to l>e a kind of sacrilege to violate. Innocent iii. in Decret. Lilj. ii. Tit. XXIV. c. 25. (43). Innocent iii. in Decret. Lib. ii. Tit. xxiv. c. 25 ; Craisson, § 3998 holds that it is not dissolved de jure, so that (1) the use of the second marriage is sinful, and (2) if the second wife dies the survivor is bound to marry the first betrothed. But if no sacramental relation has been set up, custom and laAV may act as valid dispensations. (44). Chrysostom ap. Gratian Caus. xxvii. Qu. ii. c. 4 : Not cohabita- tion (coitus) but consent (voluntas) constitutes matrimony. Isidor. Ibid. c. 1 ; Nicolaus Ibid. Caus. xxx. Qu. ii. c. 1 : Where there is not the consent (consensus) of both parties, there is no relation of husband and wife (conjugium). Concil. London a.d. 1175, Can. 18; Innocent iii. in Decret. Lib. iv. Tit. I. c 25, and Tit. ii. c. 2 ; Const. 30 Edmund, a.d. 1236 : There is no marriage when there is not consent of both parties, Lynd. 128 ; Aylifife 362 ; Devoti Lib. ii. Tit. ii. § 103. (45). Devoti Lib. ii. Tit. ii. § 106, says marriage is of three kinds, (1) ratum, (2) consummatum, (3) legitimum. (46). Lynd 271. (47). Coitus by Isidor. ap. Gratian Caus. xxvii. Qu. ii. c. 1 and 4 ; admixtio viri by Arabros. Ibid. c. 5 ; commixtio sexus by Angustin Ibid. Z 338 Short JMamials of Canon Lazv. troth or solemn life-vow (sacramentum) Q^), which constitutes the marriage-tie (retinaculum) (^^), by which the nuptials are initiated (^^), and it ought to be made in face of the Church. Sexual union {copula carnalis) is the marital coupling of man and woman, whereby the condition of the parties is changed, and wedlock becomes a visible representation (sacramcntuiii) of the union betwixt Christ and His Church. By it nup- tials are consummated, and the marriage-bond (yinculum) is established (^^). The essential part of marriage is held to consist in the union of consent (^-) ; hence, where there can be no valid consent, there can be no valid marriage (•^^). Nevertheless, sexual union is such an integral part of mar- riage, that until it has taken place there is only a sacrament in the sense of a promise, but not in the sense of a visible c. 16 ; Hieronym. Ihid. c. 37, quae sponsali conventione initiantur et com- mixtione corporum perficiiintur. (48). Augustin ap. Gratian Caus. xxvii. Qu. ii. c. 51. (49). Gregory ap. Gratian Caus. xxxiii. Qu. 1. c. 2 ; Ambros. Ihid. Caus. XX VII. Qu. il. c. 5 : When the relation of husband and wife is initiated, the name yoke-fellowship (conjugium) is adopted. That relation is set up when a girl is given in marriage, not when she is known liy sexual union. (50). Ambros. ap. Gratian Cans, xxvii. Qu. ii. c. 5 and 35 ; Hieronym. Ihid. c. 37 speaks of fornication being initiated. Liebermann vi. 917, distinguishes matrimony (1) dum fit and (2) dum fermanet. Dwelling together is a type of the union between Christ and the Church. (51). Augustin ap. Gratian Caus. xxxii. Qu. vii. c. 1 ; Id. c. 2, calls it confoederatio miptialis. (52). Ambros. de Inst. Virg. c. 6 : Not the destruction of the flower of virginity but the conjugal pact creates yoke-fellowship. Chrysost. Hom. 32 in Math. : Wedlock is not set up by sexual union but by consent. Innocent iii. in Decret. Lib. iv. Tit. iv. c. 5 ; Eugenii iv. a.d. 1439, Decret. ad Armenos. (53). Nicolaus, a.d. 866, ap. Gratian Caus. xxvir. Qu. ii. c. 2 : If consent is absent at the time of the nuptials, all oth* solemnities, including sexual union, go for nothing (frustrantiir). By English law consent is invalid unless given before a clerk in holy orders. See Chief-Justice Tindal in Stephens' Eccl. Stat. 2002, or by recent legislation before a civil registrar. Mad persons cannot consent. Devoti Lib. ii. Tit. ii. § 110. See the case of Scott V. Sebright. Wedlock. 339 sign of the union of Christ and Ilis Church ('''). Whenever marriage has been consummated, the presumption is in fav^our of vahd consent (*''). 8. Some difference of opinion exists as to what constitutes the matter and what the form in the sacrament of wedlock. (1) According to the older Schoolmen the external acts whereby marriage is brought about constituterjbhe matter ; the bodies of the contracting persons being the remote matter, the use of one another's bodies the proximate matter ; and the form consists in the words or signs by which matrimonial consent is given (^^). (2) According to others, the remote matter is the power over each other's body ; the proximate matter is the mutual delivery of that power, of which the veil, the wreath, and the ring, are the symbols (•''") ; and the form is the mutual acceptance of that power as a perpetual tie (^^). (3) According to yet another view the mutual promise of fidelity constitutes the matter, and the (54). Leo, A.D. 458, ap. Gratian Cans, xxvii. Qu. ii. c. 17 : Before sexual union nuptials have not got the sacramental sign of the union of Christ and His Church. Augustin Ibid. c. 16 : That woman clearly does not pertain to marriage with whom there is shown to be no sexual union. Ihxd. Cans, xxxiii. Qu. 1. c. 2 ; Decret. Lib. iv. Tit. xv. ; Const. 7 Reynolds, A.D. 1322 ; Lynd. 44 and 128 ; Devoti, § 126. (55). Decret. Lib. iv. Tit. 1. c. 26 and 30 ; Tit. ii. c. 9, in case of the young ; Tit. v. c. 6 ; Clement in. Ibid. Tit. xviii. c. 4 ; Innocent in. Ihid. Lib. ii. Tit. xix. c. 10. (56). Thom. Aquin. in iv. Dist. 26, Qu. 2, art. 1, quoted by Lynd. 271 ; Liebermann vi. 917. (57). Isidor. ap. Gratian Cans. xxx. Qu. v. c. 7, says that the veil signifies submission, the white and purple in the wreath signify purity and off- spring, and the ring is put on the fourth (i.e., our third) finger, because the vein goes from it straight to the heart. (58). 1 Cor. Vn. 4 : y\ yvvrj rov Idiov cwfiaros ouk e^ovaidiei, dW 6 durjp' o/xoicijs d^ Kal 6 avr^p, k. t. X. Concil. Dunelm. a.d. 1220, in Wilkins l. 582 : Let priests enjoin and teach contracting persons this form of words : I take thee, N., to my wife ; I take thee, N., to my husband. For in these words there is great force, and [Ijy them] matrimony is contracted. Benedict xiv. ap. Craisson, § 4154 : Materia est mutua corporum traditio . . . et mutua corporum acceptatio forma, where acceptatio does not mean iisus, because the Blessed Virgin was married to Joseph, although there was no usus. Liebermann vi. 917. 340 SJiort Manuals of Canon Lazv. words of the priest are the form (•'''^) ; but according to the last named view all marriages not celebrated by a priest would be non-sacramental (^*'). 9. A like diversity of opinion prevails as to who is the minister of the sacrament. (1) Among the Schoolmen it appears never to have been doubted that the parties themselves were the real ministers, ^nd supplied each to other both the essential form and the essential matter i^^\ Nevertheless marriages entered upon without the presence of a priest, or, as they were called, clandestine mai-riages, were held to be irregular and incomplete {^^), and the issue was accounted un- (59). Liebermann vi. 918, 921. (60). Bellarmine de Matrim. Lib. 1. c. 7 : If this opinion [that the words of the priest are the form] were true, all those are in error who teach that clandestine marriages, and other marriages celebrated without a priest, are true sacraments. . . . Either marriages without a priest contain the in- dissoluble bond, or they do not ... If they do not contain it, they may be dissolved in any case, which the Church has never allowed. (61). John de Burgo, a.d. 1385, in Stephens' Eccl. Stat. 2004 : Of the minister of the sacrament it is to be observed that no other minister is required distinct from the parties contracting ; for they themselves minister the sacrament to themselves, either the one to the other or each to themselves. . . . Scotus says that to the conferring of this sacrament there is not required the ministry of a priest, . . . and that the sacerdotal benediction ... is not of the form or essence of the sacrament, but some- thing sacramental, pertaining to the adornment of the sacrament. Decret. ad Armenos, a.d. 1439 : The efficient cause of matrimony is in regular course mutual consent, expressed in words referring to the present. Devoti Lib. II. Tit. II. § 104. (62). Tertullian de Pudic. c. 4 : Among us secret connections not first professed in presence of the Church run risk of being accounted akin to adultery and fornication. Const. 7 Reynolds, a.d. 1322, excommunicates those who contract without a priest. In most rituals the priest pronounced the words : Ego vos conjungo, but in some dioceses the formula ran : Ideo matrimonium per vos contractum confirmo. Liebermann vi. 932. In Collins V. Jts&d, 6 Mod. 155 ; 2 Salk. 437 ; Stephens' Eccl. Stat. 328, Lord Holt said : If a contract be fer verba de praesenti, it amounts to an actual marriage, which the parties themselves cannot dissolve by release or other mutual agreement ; for it is as much a marriage in the sight of God as if it had been in facie ecclesiae, with this difference, that if they cohabit before marriage in facie ecclesiae, they are for that punishable by ecclesi- Wedlock. 341 lawful (^''■■j, because public evidence was wautino- that the imioii was according to Christ's law and not for lust C'^). (2) Others, in order to exclude clandestine marriages, which by the law of many countries are now treated as absolute nullities (*'•''), main- tain that the words of the priest constitute the form, and that therefore a priest must also be the necessary minister C^^). (3) Lyndwood (*'") and ]\]aldonatus (^'^) occupy an intermediate position, holding that although the priest is the ordinary mini- ster of wedlock as he is of baptism, yet the parties themselves may be the extraordinary ministers of it, just as laymen may also be the extraordinary ministers of baptism. 10. The spiritual and sacramental effects of wedlock are threefold : (1) Protection is given against sin by converting into a lawful channel impulses which would otherwise have been unlawful (*^'-'). This is termed the honesty of wedlock. (2) A union astical censures, and if after such contract either of tliem lies with another, they will punish such an offender as an adulterei*. In the Queen v. Millis, Stephens' Eccl. Stat. 1996, Tindal said in the House of Lords : Before the Marriage Act a contract of marriage per verba de praesenti was a contract indissoluble between the jiarties, affording to either of the contracting jKirties, by application to the spiritual court, the power of compelling the solemnisation of an actual marriage ; but such marriage [by the law of England] never constituted a full and complete marriage in itself, unless made in the presence of, and with the intervention of, a minister in holy orders. (63). 20 lien. in. c. 9, refuses to allow the children to be afterwards legi- timised. Alexander in. in Decret. Lib. iv. Tit. xvii. c. 9, permits it. (64). Ale.xander in. in Decret. Lib. iv. Tit. in. c. 2, refuses to allow them, unless both parties avow the marriage. (65). Concil. Trident. Sess. xxiv. c. 1. declared clandestine marriages void. In this country 26 Geo. it. c. 33, a.d. 1753 ; 3 Geo. iv. c. 75, A.D. 1822 ; 4 Geo. iv. c. 76, a.d. 1823. What are called Scotch marriages are still valid in countries where the Tridentine decrees have not been accepted. (66). Libermann vi. 929, states the principal arguments for this view. (67). Lynd. 4.3. (68). De Matr. I. Arg. 6 tertiae sent. Liebermann vi. 934. (69). Lynd. 271 : In matrimony is a remedy against sin effectively [working] in sensible signs, wherein matrimony is a sacrament. For it is a twofold remedy — partly curative, partly preventive. The first is received 342 Short Manila! s of Canon Law. of souls as well as of bodies is set up between the parties (^'^). This is termed its unity. (3) A jiermanent tie is created. This gives it its sacramental character. In themselves these effects exclude polygamy, either simultaneously or successively C^^). by other sacraments, the latter by the sacrament of matrimony. The union outwardly apparent by visible signs is the sacramental sign (sacra- mentum tantum) ; the union of souls produced inwardly is the sacrament itself (sacramentum et res). The effect of grace which is bestowed is the sacramental reality, I mean the reality primarily signified ; but the reality secondarily signified is the union of Christ and the Church. Id. 45. (70). Ambros. ap. Gratian Cans, xxvii. Qu. ii. c. 36 : In all matrimony a spiritual union is understood, which the corporal union of the married persons confirms and perfects. Urban ii. Ihid. Caus. xxxi. Qu. ii. c. 4 : Those who constitute one body ought to have one mind. Const. 9 Peckham, a.d. 1281 : We believe wedlock confers graces if it be contracted with a sincere mind by its sacramental virtue. Lynd. 170 : The iTuion of soul produced inwardly is the substantial reality of the sacrament. Craisson, § 4154 ; Perrone Praelect 297 ; Liebermann vi. 885. (71). Justin Martyr 1 Apol. c. 15 : All who by human law are twice married are, in the eye of our Master, sinners. Athenag. Plea for the Christians, c. 33, a.d. 177 : A second marriage is only a specious adultery. For he who deprives himself of his first wife, even though she be dead, is a cloaked adulterer. Minucius Felix, a.d. 200, c. 31 : We abide by the bond of a single marriage. Tertullian ad Uxor. 7, quoted in Order., note 298 ; Apost. Can. 48 : If a layman having put away his wife, take another or marry a divorced woman, let him be excommunicated. Concil, Turon. A.D. 400, Can. 2 ; Theodori Poenit. i. ii. 7, in H. & S. in. 187 : Let him who marries again do penance for a year. Let them not be excluded from communion, nor let him put her away. Apost. Const, in. 2 : Once marrying according to the law is righteous, as being according to the will of God ; but second marriages after the promise are discreditable, not on account of the marriage itself, but because of the falsehood. Chrysostom ap. Gratian Caus. XXXI. Qu. 1. c. 9 : To take a second wife is, according to the apostolic precepts [Eom. viii. 3 ; 1 Cor. vii. 39 ; 1 Tim. v. 14], allowed, but in the nature of things it is fornication. But since it is done by God's per- mission, and allowedly, it is honest fornication. Concil. Hertford a.d. 673, Can. 10 : If any man divorce his wife, let him not be coupled to another. Law Northumbrian Priests 54, a.d. 950 : If any man dismiss his lawful wife and marry another, let him want God's mercy unless he make satisfaction for it. Can. 27 Dunstan, a.d. 963 : He that relinquisheth his wife and taketh another breaketh wedlock. Concil. Ensham a.d. 1009, Can. 8 : Let no Christian tal^e a divorced woman to wife, nor take another Wedlock. 343 Successive marriages are, nevertheless, allowed after the death of one of the parties ("-), and in exceptional cases during the other's lifetime, as the less of two evils P). On this ground a second union has been allowed to the innocent party when a wife has been divorced for adultery Q% or has become physically wife should lie have one. Clint's Law 7, a.d. 1017 : Let no man liave more than one wife, and her a wedded wife, and let him remain with her only as long as she lives. Innocent lii. in Decret. Lib. iv. Tit. xix. c. 8 : Plurality- is to be reprobated in either sex, Concil. Tribur. a.d. 895, ap. Gratian Cans. XXVIII. Qu. ii. c. 1. (72). Past. Hermas Cora. iv. c. 4 : There is no sin in marrying again, but if they remain unmarried they gain greater honour. Concil. Arelat. A.D. 314, Can. 10 : Those whose wives are taken in adultery if themselves youthful, should be advised as far as possible not to marry again during their lifetime. Hieronyni. ap. Gratian Cans. xxxi. Qu. 1. c. 10 : It is better to have known one man than many, yet to know a second and a third is allowed. Gregory Nazianzen Orat. 13 : A single marriage is righteous, a second is an indulgence. Concil. Agath. a.d. 506, Ibid. Cans. xxxiii. Qu. 1. c. 1 ; Egbert's Excerpt. 116, a.d. 740 : A man may marry again after a month, a woman after a year. Urban in. to Bishop of Exeter, in Decret. Lib. iv. Tit. xxi. C. 4, permits a woman to marry again within a year ; also Innocent in. Ibid. c. 5 ; Craisson, § 4099 and 4122. Italian law requires a woman to wait ten months. (73). Origen in Math. : Now even some of the rulers of the Churches permitted a certain woman to marry during her husband's lifetime, con- trary to Scripture ; . . . yet not altogether without excuse, for it is likely this license was permitted in comparison of worse things. ConciL Arelat. a.d. 314, Can. 24 : Whoever shall have done so [i.e., married again during the lifetime of his dismissed wife] shall be cut off from Catholic com- munion. Basil Epist. Can. 77 : Such as remarry [after divorcing an adulterous wife] should do penance . . . and in the seventh year be reckoned with the faithful. African Can. 102 : Neither a divorced husljand or wife may be yoked to another ; if they despise this they must be put to penance, Hilary, a.d. 384, in 1 Cor. vii. 11 : A man may marry again if he dismiss his sinning wife. Concil. Venet. a.d. 465, Can. 2 : Those who have left their wives . . . without proof of adultery and have married others, must be repelled from communion. Concil. Agath. A.D. 506, Can. 25, says " without credibly declaring any cause for divorce." Concil. Compend. a.d. 757, Can. 13 : If a man have divorced his wife and have given her leave to enter a monastery for the sake of religion, or to take the veil outside a monastery for the sake of God, the man may take a lawful wife. Liebermann. vi. 981, 992. (74). Theodori Poenit. ll. xii. 5, in Haddan and Stubbs ill. 169 : If any 344 SJiort IMammls of CiiJion Law. incapacitated (''•"'), or a leper f^^'), or has left her husband for five years and refuses to return C*^), or has been carried off into captivity and cannot be redeemed (^^), or is lost sight of altogether (''^), or has conspired against her husband's life (^^) ; man's wife commit adultery, let him put her away and take anotlier, i.e., if lie lias put her away because of her adultery and she is his first wife, then he may take another. Eemarriage under such circumstances is the rule among the Greeks. Craisson, § 4122 ; Syn. Rom. a.d. 826, Can. 36 : No man may leave his acknowledged wife except for the cause of fornication, and then marry another. Syn. Patric. in H. & S. ii. 337, Can. 27 : If a man [who has divorced his wife for fornication] marries a second wife as though the first were dead, let them not forbid it [because the law requires an adulteress to be stoned]. (75). Gregory iii. a.d. 740, ap. Gratian Caus. xxxir. Qu. vii. c. 18 : If a woman overtaken with infirmity cannot discharge her duty to her husband . . . and he cannot contain, let him marry, Concil. Aurel. ii. a.d. 533, Can. 11, however, says : Contracta matrinionia accedente infirniitate nulla voluntatis contrarietate tolerantur [? tolluntur]. Egbert's Excerjit. 199, A.D. 740, says that he cannot put his first wife away exce2:)t for adultery. (76). Concil. Comjiend. a.d. 757. Can. 16 : If a leper have a healthy wife and he is willing to let her take another husband, she may take another if she wishes ; similarly in the case of a woman. (77). Theodori Poenit. ir. xii. 19, in Haddan and Stubbs in. 200 ; Egbert's Excerpt. 122, a.d. 740, says, after five or seven years, and requires him to do penance for five years for the breach of, vow, but Concil. Compend. a.d. 757, Can. 18, says not if the man has left the country be- cause of a family feud. Alexander iii. in Decret. Lib. i. Tit. xvii. c. 8, declares the issue lawful of a woman who had married again with the bishop's leave after being deserted by her husl)and. (78). Theodori Poenit. ir. xii. 20-21, lUd. 200, says he may do so after five years if she cannot be redeemed, but if she afterwards returns he must receive her back, and jiut away his second wife. Egbert's Excerpt. 123, a.d. 740, says after seven years. (79). Theodori Poenit. ii. xii. 23,24, Ihid.. 201, says that if he cannot trace her he may do so, because it is better to do so than to commit forni- cation ; but if in that case she returns and he has another wife, he may not receive her back. Clement in. in Decret. Lib. iv. Tit. L c. 19, forbids, however, a second marriage, even after seven years, until certain in- telligence arrives of the other's decease. Also Lucius in. Ihid. Tit. xxi. c. 2 ; but Innocent in. Ihid. xvii. c. 14, declares the issue of such a marriage lawful. (80). Concil. Vernier, a.d. 752, ap. Gratian Caus. xxxt. Qu. 1. c. 6. Wedlock. 345 to the wife when the husband's misconduct renders livinnr with him impossible i^^) ; but in all such cases a dispensation is necessary from the proper authority by those who desire to be received to Christian communion Q-). Second marriages of all kinds are. however, forbidden to be blessed by the Church (^•'), and are a disqualification for orders (*^-*j. Third and fourth marriages are in the East treated as manifest incontinence Q-'). ^larried persons may not take vows of continence except with the willing consent of both (^% nor without such consent can marriage be dissolved by the solemn vow of one. (81). Justin Martyr 2 Apol. c. 2, mentions the case of a Christian woman who separated from her husband because of his vices. Gratian Cans. XXXII. Qu. VII. c. 23 : If you liave lain with your wife's sister you can liave neither one nor the other ; and if she who was yoiu- wife was not party to your wickedness, if she cannot contain, let her marry in the Lord Avhom she will. (82). Theodori Poenit. ii. xii. 19 1. c. says, with the bishop's consent. (83). Concil. Elib. a.d. 305, ap. Gratian Cans xxxi. Qu. 1. c. 8 : A pres- byter may not be present at the feast of a second marriage, since penance is enjoined for a second marriage. What presbyter for the sake of a feast would consent to sucli a penance ? Concil. Neocaesar. a.d. 314, Ibid. c. 8 : A presbyter must not be present at the wedding feast of a second marriage, especially since he is required to do penance for a second marriage. Concil. Laodic. a.d. 363, Can. 1 ; Concil. Brae. ii. a.d. 572, Can. 38 ; Can. 9 Elfric, A.D. 957 : Nor may any priest be at a wedding-feast where either man or woman is married a second time, nor bless their coming together. Egbert's Excerpt. 89 ; Alexander iii. in Deere t. Lib. iv. Tit. xxi. c. 1. (84). Apost. Const, vi. 17 ; Augustin ap. Gratian Caus. xxviii. Qu. iii. c. 2. (85). Basil ad Amphiloch. c. 4, and Apost. Const, in. 2 : Third marriages are indications of incontinency, but suck marriages as are beyond the third are manifest fornication. Tlieodori Poenit. I. xiv. 3 : One who marries for the third time or oftener, i.e., a fourth or fifth wife or beyond : let him do penance for seven years. . . . Let them, however, not be excluded from communion. So Basil ruled, but the canon requires him to do penance for four years. (86). Gregory ap. Gratian Caus. xxvii. Qu. ii. c. 19 : If the wife does not follow the continence which the man desires, or the man refuses that which the wife desires, marriage may not be dissolved. Id. Ibid. c. 20, 21, 25. Syn. Rom. a.d. 826, Ibid. c. 33 : If the wife be unwilling or the husband, even for such a thing [as entering religion], marriage is not dis- 346 SJioi't Mamials of Canon Law. 11. Besides the two regular degrees of Christian wedlock, called respectively ratified and consummated wedlock, there is a third and lower degree known as lawful wedlock (matri- monium legitimum) (^'■), or a state of recognised marriage {con- nubium) which is not sacramental (^®). Such is a heathen marriage which has no perpetual tie about it, and may be terminated by either of the parties should he become a Christian (^^) ; a morganatic marriage (^°) or permanent con- nection with an inferior in station (^^) ; a second marriage solved. Syn. viii. a.d. 869, Ibid. c. 12 ; Nicolaus, a.d. 867, Ibid. c. 26; Egbert's Excerpt. 118, a.d. 740. Other authorities, ap. Gratian Cans. xxxni. Qu. v., and Cans, xxvil Qu. ii. c. 19-26 ; Decret. Lib. v. Tit. xiv. c. 6 ; Const. 27 Edmund, a.d. 1236 ; Lynd. 203. (87). Decret. Lib. iv. Tit. 1. c. 9 and 10 ; Alexander ni. Ibid. Tit. iv. c. 3 ; Innocent in. Ibid. Tit. xix. c. 7 : Although among the heathen true marriage exists, ratified marriage does not. Devoti Lib. n. Tit. ii. § 106 ; Lieber- mann vi. 972. (88). Augustin ap. Gratian Cans, xxvii. Qu. ii. c. 6, quoted above, note 11. Siricius Ibid. c. 50 ; Gregory Ibid. c. 19 : Human law permits what divine law forbids. The rubric to the Pontifical in Maskell Mon. Rit. I. 72 : The unity of Christ and the Church is typified in a first marriage, not however in a second marriage. Many second marriages it nevertheless declares to be sacramental, but defectively sacramental. (89). Innocent in. a.d. 1199, in Decret. Lib. iv. Tit. xix. c. 7 ; Devoti 1. c. See below, § 30. (90). Morgengap is, by the law of the Lombards, the post-nuptial gift made in the morning to a second wife in lieu of dower, when a woman of unequal rank is taken to wife without right of dower for herself and heirship for her children. Heinecii Elem. Jur. Germ. Lib. i. Tit. xiii. ; Devoti, § 108. (91). Concil. Tolet. I. a.d. 400, Can. 17 ap. Gratian i. Dist. xxxiv. c. 4 : Let him who has not a wife, but a concubine instead of a wife, not be repelled from communion, provided he be content with union with one woman, be it wife or concubine. Apost. Const, viii. 32 : Let a concubine who confines herself to her master alone be received. Isidor. Ibid. c. 5 ; A Christian, so far from having many, may not have two women at once, but one only — either a wife, or if he have no wife, a concubine in place of a wife. Egbert's Excerpt. 125, a.d. 740. When, however, there has been no marital consent nor connubium, and the relation is simply that of a temporary mistress, Leo, a.d. 458, Ibid. c. 11, says : To put away a slave- girl from his bed and to take a wife of known free birth is not a duplica- Wedlock. 347 allowed to a deserted wife or in any other case during her first husband's lifetime C*-), or to a husband who has divorced his wife and married again (^^). Some theologians neverthe- less maintain that, since among Christians there can be no marriage which is not sacramental (^*), the distinction between lawful wedlock and ratified and consummated wedlock is purely academic, except in the case of heathen marriages, and that such legally permitted unions are not marriages at all but legalised fornication (^^). Others deny that all marriages amongst Chris- tians must necessarily be sacramental. However this may be, one thing nevertheless seems clear, that such unions were not in former times treated as obstacles to communion, provided they were contracted for life and with one person only (^*'). ti(in of the relation of husband and wife, but a step in advance towards a good life. (92). Alexander iir. in Decret. Lib. iv. Tit. xvii. c. 8, declares the issue of a deserted woman wlio had remarried with tlie bishop's sanction lawful. (93). Epiphan. Haer. 59 : A man having been separated from one, if by chance he have been lawfully married to a second wife, the Holy AVord and the Holy Church of God have pity on him. (94). Liebermann vi. 919. (95). Chrysostom, quoted note 71, makes the same remark of all second marriages. Pius IX. 19th Sept. 1852, in Craisson, § 4154, but not speak- ing ex cathedra : C'est lui point de la doctrine catholiqiie que le sacre- ment n'est pas une qualite accidentalle surajoutee au contrat mais qu'il est de I'essence meme du mariage, de telle sorte que I'union conjugale entre les Chretiens n'est legitime que dans le mariage sacrament, hors duquel il n'y a qu'un pur concubinage. (96). Epiphan. Haer. 59, § 4 : The divine word does not incriminate him who, after a divorce for fornication, adultery, or some other evil, is united to a second wife . . . but bears with his weakness, not allowing him to have two wives whilst one is alive, but if separated from one, to be legally united to another should it so happen. Augustin de Fide et Opere, c. 19, considers the remarriage of one who has divorced his wife for adultery a venial offence. Asterii Amaseni Hom. v. a.d. 400 : Hear ye who marry many wives . . . and leave many widows. Believe me, marriage is not dissolved (StaKin-rerat) save only by death and adultery. See above, notes 11 and 91. In other cases, besides adultery in the Eastern Church, the Church has indirectly sanctioned remarriage, as by declaring marriages void by reason of destructive impediments which 348 SJwrt Manuals of Canon Law. 12. Spiritual matrimony is a position of united life between a prelate and his Church, whereby he is devoted to its service and it is pledged to receive his ministrations for their mutual edification, so that neither can depart from the other (^'^). To set up spiritual wedlock three things are, however, required : (1) the consent of the people electing and the person elected, which is called the initiation of it ; (2) the allowance of the union by the whole Christian community, which is termed its confirmation ; and (3) the perfecting and consecrating the union by ordination or consecration. Hence spiritual matri- mony is not set up unless ordination C^^) or consecration follows upon election for the service of the particular Church with which it is concluded (^^). Irregular and Invalid Wedlock — Impedbients. l;j. All marriages, whether ratified, consummated, or lawful, may be divided into three classes (^*'°), viz. (1) those which are good in form and substance, and against which no objection can be alleged, called true marriages (^''^) ; (2) those which are defective in form but are presumed to be good in substance, were previously only obstructive impediments (clandestine marriages), and by creating fresh destructive impediments (those between the fourth and sixth degrees before the Fourth Lateran Council). (97). Cyprian Ep. 51 (Oxf. 55), 24, speaks of one who, when a Church is already full, strives to be made an adulterous and extraneous bishop. Const. 13 Langton, a.d. 1222 : To prevent spiritual bigamy we forbid a Cluirch to be committed to two rectors. Ayliffe 360. (98). Codex Eccles. Afric. 90 : If any one has for once only acted as reader in a Church, let him not be advanced to the clerical office in any other. Edgar's Law 8, a.d. 960 : That no priest do of his own accord desert the Church to which he has been blessed and married. Law 35 Northumbrian Priests, a.d. 950 : If a priest dismiss one wife and take another, let him bo anathema. Elfric. Can. 28, a.d. 957 : Let no priest remove for gain from one minster to another, but ever continue in that to which he was ordained. (99). Const, 21 Othobon, a.d. 1268, requires bishops to minister in those Churches to which they have plighted their troth. (100). Devoti lust. Lib. ii. Tit. ir. c. 107. (101). Innocent iii. in Decret. Lib. iv. Tit. xix. c. 7. Wedlock. 349 called irregular or presumptive marriages i^'^-) ; and (3) those which are good in form and appearance, but are invalid in themselves by reason of some latent impediment, which are called ostensible or reputed marriages. 14. Anything which renders a presumptive or ostensible marriage irregular or invalid is called an impediment. Im- pediments are of two kinds (^°^) : (1) those which prevent a marriage being lawfully initiated, but do not avoid it after it has been consummated, which are termed obstructive {im- pcdicntia') impediments ; and (2) those which invalidate a marriage after it has been consummated, and render it either ipso facto null and void, or retrospectively voidable by sentence of a proper authority (^°*). The latter are called destructive (dirimentia) impediments (^^■''). 15. Obstructive impediment (^^^) may arise either (1) from the party's own act(^°'''), or else (2) from the law of Church or state. A simple vow of chastity or religion is an impedi- ment arising from the party's own act. So, too, is pre-contract, or contracting with another pei' verba de futuro Q^^). The law (102). A contract of marriage per verba de praesenii, followed by con- summation, is a presumptive marriage. Innocent iii. in Decret. Lib. iv. Tit rv. c. 5 ; 32 Hen. viir. c. 38, and was a valid ecclesiastical marriage in this country, as it still is in Scotland, before the act 26 Geo. ii. c. 33. See note 62. (103). Augustin ap. Gratian Caus. xxxv. Qu. 1. c. 3 ; Isidor Ibid. Qu. IV. c. 1. They are called by Lynd. 275, impedimenta impedientia and impedimenta dirimentia respectively. Devoti, § 115, 122. See note 23. (104). Before the statute 5 and 6 Gul. iv. c. 54, a.d. 1835, marriage with a deceased wife's sister could at any time be avoided by sentence, but as such a sentence could only be pronounced in the lifetime of the parties, the status of the children remained unsettled during the parent's lifetime. To avoid this uncertainty the act declared such marriages to be ipso facto void, thus bringing English law into harmony with that of Concil. Lat. IV. A.D. 1215, in Decret. Lib. iv. Tit. in. c. 3. (105). Devoti, § 148. (106). Craisson, § 4188, gives the lines — Ecclesiae vetitum, Tempus, Sponsalia, A^otum, Impediunt fieri, permittunt facta teneri. (107). Lj-nd. 276. (108). Lucius III. in Decret. Lib. iv. Tit. 1. c 17, and Alexander in. 350 Short Manuals of Canon Law. of the Church forbids marriage with one betrothed to an- other (^°-'j, or with the widow of one in holy orders (^^o), or the solemn contraction of marriage on a high festival or ember day, or between Septuagesima and the 15tli night after Easter, or between the first of the Eogation days and seven nights after Pentecost (^^^). It also forbids marriage with a J ew or infidel (^^2), and clandestine marriages (i^^), by which are understood (1) marriages which are initiated without the presence of a priest (^^*), or (2) without publication of Ihid. c. 10, but it cannot be set up in the outer forum unless it can be proved by witnesses, according to Concil. Westminster a.d. 1102, Can. 22. Now 32 Hen. viii. c. 38, a.d. 1540, and sec. 13 of 26 Geo. ir. c. 33, make precontract no longer a bar in law, whatever it may be in conscience. (109). See notes 14 and 42. (110). Concil. Epaon. a.d. 517, Can. 32 : Let the widow of a priest or deacon, if she remarry any one whomsoever, be expelled from the Church. Concil. Aurel. a.d. 511, Can. 13. See Duties of Order, § 53. (111). Concil. Ensham. a.d. 1009, Can. 18, says from Sejjtuagesima till ths 15th night after Easter. Concil. Laodic. a.d. 363, Can. 52 ap. Gratian Caus. XXXIII. Qu. iv. c. 8 : Neither marriages nor festivals (birthdays) should be observed in Lent. Martin Ihid. c. 9 ; Nicolas, a.d. 866, IhvJ. c. 11 ; Concil. Seligenstadt a.d. 1022, Can. 10 : It is not lawful to celebrate marriages from Septuagesima to the octave of Easter, and in the three weeks before the festivity of John the Baptist, and from Advent to the Epiphany. Decret. Lib. 11. Tit. ix. c, 4 ; Lynd. 185, 274. The Roman rule made the octave of Easter the end of the forbidden time. Concil. Trident. Sess. xxiv. c. 10. (112). 1 Cor. VII. 39 allows marriage "only in the Lord." Tertullian ad Uxor. 11. 2 ; Cyprian adv. Judaeos in. 62 : Marriage may not be con- tracted with Gentiles. Concil. Chalcedon a.d. 451, Can. 14 : They may not join their children in marriage to a heretic, a Jew, or heathen, unless the person who marries the orthodox person shall promise to come over to the orthodox faith. Concil. Agath. a.d. 506, Can. 67 ap. Gratian Caus. XXVIII. Qu. 1. c. 16 ; Concil, Arvern. a.d. 535, Can. 4, Ihid. c. 17. See Baptism, § 28. (113). Concil. Lat. iv. a.d. 1215, in Decret. Lib. iv. Tit. ill. c. 3 : We strictly forbid clandestine marriages. Const. 7 Reynolds, a.d. 1322 ; Lynd. 271, 276. (114). Ignatius ad Polycarp. c. 5 : It is becoming to men and women who marry that they marry with the counsel of the bishop, that the marriage may be in the Lord and not in lust. Tertullian, quoted above, Wedlock. 351 banns (^^^), or elsewhere than in Church (i^^), or in a Church other than the proper Church (^^'), and (3) marriages which are consummated after the benediction without a proper interval (^^*). 16. Disregard of an obstructive impediment renders the con- tracting parties and the offending priest liable to censure (^^^) ; note 6. Concil. Hertford a.d. 073, Can. 10: A.s to matrimony, tliat none be allowed to any but what is lawful. Theodori Poenit. i. xiv. 1, in Haddan & Stubbs in. 187 : At a first marriage let a priest say mass and bless both of them, and afterward let them absent themselves from church for thirty days. After these are over let them do penance for forty days, and devote themselves to prayer, and afterwards communicate with an oblation. Ancient Form of Espousal, a.d. 946 : The mass priest shall be at the wedding, who shall celebrate their coming together with God's blessing. Concil. Wiiiton a.d. 1076, Can. 5 : That no man give his daughter or kinswoman in marriage without the priest's benediction ; other marriage shall be deemed fornication. Concil. London a.d. 1175, Can. 17 : Let no faithful man of whatsoever degree marry in private but in public, by receiving the priest's benediction. In The Queen v. Millis, Stephens' Eccl. Stat. 1997, Chief-Justice Tindal : It will not be found in any period of our history either that the Church of England has held the religious celebration sufficient to constitute a valid marriage, unless it was performed in the presence of an ordained minister, or that the common law has held a marriage complete without such celebration. By the Act 6 and 7 Gul. IV. c. 85, marriages may no w be celebrated without any religious ceremony. Yet recently, in Bethel's case, a.d. 1889, a Christian basis was required. (115). Concil. Lat. iv. Can. 51, in Decret. Lib. iv. Tit. iii. c. 3 ; Const. 7 Reynolds, a.d. 1322 ; Const. 4 Thorsby, a.d. 1363. (116). Const. 7 Reynolds, a.d. 1322 : Let matrimony be celebrated with reverence in the daytime, and in the face of the Church, without laughter, sport, or scoff. (117). Const. 11 Stratford, a.d. 1343. (118). Stat. Eccl. Ant. a.d. 505, Can. 13. ap. Gratian i. Dist. xxiil. c, 33, and Cans. xxx. Qu. v. c. 5 : When the bride and bridegroom are to be blessed by the priest, let them be offered by their parents or groomsmen (paranymphi) ; and when they have received the blessing, let them remain the same night in virginity, out of respect for the blessing. Concil. Turon. Ibid. c. 1 ; Egbert's Excerpt. 88, a.d. 740. Lynd. 276, says that a marriage is clandestine unless such abstinence is practised for two or three days. (119). Concil. Lat. iv. in Decret. Lib. iv. Tit. iii. c. 3, § 2 : Let a condign punishment be awarded to those who offend [by clandestine solemnisation], even in the permitted degrees. Devoti 1. c. § 149. 352 Short JMamials of Canon Law. but no obstructive impediment, except marriage with a Jew or infidel in mediaeval times, and clandestine marriage by recent legislation, invalidates a marriage contracted 'per verla de praesejiti when once it has been consummated Q^^). Moreover, obstructive impediments may be dispensed with either for good cause or by custom Q~'^) ; and, to take away all excuse for clandestine marriages, those who place obstacles in the way of lawfully contracting matrimony are ordered to be excommunicated (^-^). 17. Destructive impediments are of three kinds : (1) absence of consent, caused either by violence, mistake, fraud, or some condition subversive of true marriage ; (2) incapacity to con- tract ; and (3) relationship within the forbidden degrees (^^s^j ; to which must be added in this country, (4) knowingly and wilfully intermarrying in a place other than a Church or licensed chapel, without banns or without the presence of a clerk in holy orders or registrar Q-^), and (5) contracting in a (120). Innocent in. in Deere t. Lib. iv. Tit. iv. c. 5. (121). Const. 3 Langliam, a.d. 1367, makes provision if esijousals are to be made on a festival that hath 9 lessons, or in Lent, or in the Ember days. Special licenses are granted by the archbishop to enable marriages to be initiated in private houses, and modern statutes allow marriage before a registrar. (122). Const. 1 Langton, a.d. 1222 ; Const. 13 Othobon, a.d. 1268 : We strictly forbid any man to hinder the solemnisation of marriage lawfully contracted in the face of the Church. Const. 3 Peckham, a.d. 1279. (123). The following lines contain a list of canonical impediments, but those underlined are not allowed to be legal impediments in this country. See Stapf's Vollstandiger Pastoral-Unterricht liber die Elie, by Riff el, 1847. Error, Conditio, Votnm, Cognatio, Crimen, Cultiis disparitas. Vis, Ordo, Ligamen, Honestas, Aetas, Aflinis, Si clandestinus et Impos Eaptave sit mulier nee parti reddita tutae Haec socianda vetant connubia, facta retractant. (124). 26 Geo, il. c. 33, sec. 8 ; 4 Geo. iv. c. 76 ; 6 and 7 Gul. iv. c. 85 : As to the power of the secular authority to make marriages void, Carriere Compend. de Matrim. No. 290, states that four views are held : (1) That princes in the nature of things neither can, nor ever could, invalidate Wedlock. 353 heathen country with an infidel npon a non-Cniriptian basis (^^c-^. Destructive impediments invalidate a presumptive or reputed marriage absolutely in some cases of relationship within the degrees forbidden by the law of state and Church (^-^), and in some cases of clandestine marriage ; but in other cases of relationship within the forbidden degrees, contingently upon steps being taken to avoid them in the lifetime of one of the parties (^-"). Dispensations are allowed for marriages to take place out of Church or without banns, but not in this country to permit marriages within the degrees forbidden by the laws of the realm {^-^). marriage ; (2) that princes in the nature of things can invalidate marriage, but that they have lost this power in regard to their Christian subjects, since Christ elevated wedlock to the dignity of a sacrament ; (3) that princes in the nature of things have this power, and have not lost it by the institution of the sacrament of marriage, but that so far as their Christian subjects are concerned it has been withdrawn from them by the Church ; (4) that princes have, and still enjoy, and can exercise this power. See the discussion in Craisson, § 4182 sej., and Thom. Aquin. Suppl. Qu. 57, Art. 2, ad 4. (125). Although 6 and 7 Gul. iv. c. 85 allows marriage to be celebrated in this country without any religious ceremony, yet it was decided in Bethel's case, 1889, that marriage with a Zulu girl which conformed to the lex loci abroad was no valid marriage, because it had not a Christian basis. (126). 5 and 6 Gul. iv. c. 54, declares marriages within the degrees for- ])idden by law absolutely void. (127). The jurisdiction of spiritual courts, being i?i salutem animae, is limited to the lifetime of the parties. Hence 15 Ed. iii. c. 5, a.d. 1341 : The king and his heirs shall have the conusance of usures dead ; and that the ordinaries of holy Church have the conusance of usures on life. Hinks V. Harru, Carth. 271. See § 32. (128). 32 Hen. vili. c. 38, allows all marrriages without the Levitical degrees, and forbids all dispensations within them. These degrees are specified in 25 Hen. viii. c. 22 and 28 Hen. viii. c, 16. Dispensations were formerly allowed as being the less of two evils, either for the good of the Church or for fear of apostasy, poverty, &c. Dispensations from the forbidden degrees were substantially allowed in Gregory's time by the direction not to separate those already married, ap. Gratian Caus. xxxv. Qu. VIII. c. 1 ; Theodori Poenit. ii. xil. 25, in Haddan and Stubbs iir. 201. They were regularly granted bv the Pope in Anselm's time (Epistv 2 A 354 Short Manuals of Canon Lazv. 18. A marriage is void wliich is initiated without consent, i.e., contrary to the declared wishes of parents in the case of minors, or by such violence as precludes consent in the case of adults (129). To preclude consent the parents must have actually objected at the time of publication of banns, or the violence must have been (1) real and substantial (i^°), (2) wrongful (i^^), and (3) not have been subsequently condoned Q^'^^. According to Roman law, which was adopted in France and in some other countries, marriage with the victim of rape was on public grounds altogether forbidden (i'^) ; but subsequent condonation is now held to be evidence that the violence was consented to (i^^), and it is doubtful whether marriage with any other person would be allowed in conscience to one who was guilty of the violence, if at least the injured person claimed marriage by way of repa- ration (12S). Pasclial II. ad Ansehn. Labbe xii. 1008), and are of two kinds : (1) those publicly granted through the Datary or the Secretary of Briefs, and (2) those privately granted through the penitentiary. Dispensations in cases of consanguinity, affinity, spiritual affinity, and adultery, unless accom- panied by compassing the death of a previous husband or wife, are granted by the Datary, in all graver cases by the Secretary of Briefs. Devoti, § 122 ; Coelestin. iii. in Decret. Lib. iv. Tit. xiv. c. 3 ; Innocent III. A.D. 1213, Ihid. c. 6, declares a dispensation void unless it recite the true cause. Craisson, § 4421. (129). Gratian Caus. xxxi. Qu. ii. c. 1 and 2 ; Decret. Lib. iv. Tit. 1. c. 25, and Tit. vii. c. 2 ; Ayliffe 361 ; Devoti Inst. Lib. ii. Tit. ii. § 110 and 124. See Stier's case, October 1895. (130). Alexander iii. in Decret. Lib. iv. Tit. 1. c. 6, 15 ; Honorius in. Ihid. c. 28. (131). It is not wrongful force when the law compels a man to marry a girl whom he has carnally seduced under a promise of marriage. Exod. XXII. 16 ; Alexander in. in Decret. Lib. iv. Tit. 1. c. 10, and Lib. v. Tit. XVI. c. 1. (132). Clemens in. in Decret. Lib. iv. Tit. 1. c. 21. (133). Cap. Franc, ap. Gratian Caus. xxxvi. Qu. ii. c. 11 : Those who carry off or ravish women, or seduce them carnally, may never have them as wives, however much they may afterwards endow them, or marry them with consent of parents. Concil. Trident. Sess. xxiv. c. 6. (134). Clement in. in Decret. Lib. iv. Tit. xviii. c. 4 ; Lucius in. Ihid. Lib. V. Tit. XVII. c. 6 ; Innocent in. Ihid. c. 7 ; Devoti, § 145. (135). Craisson, § 4218. Wedlock. 355 19. Mistake and fraud ('•'") also render marriage voidable, provided they are of such a nature as to prevent proper con- sent ; as if (1) one person is married by mistake for another (^3"), or (2) a slave is married by concealing his or her condition (^2*), marriage with a slave being otherwise good (^^'■^), or (3) an unchaste woman by fraudulently representing herself to be virtuous (^^'') ; but it is not voidable if consummation has taken place after the discovery of the mistake or fraud, because consummation under such circumstances implies consent. A marriage is also voidable which is undertaken with a condition to defeat the true object of marriage (^^^), because it fails for want of proper consent. (136). Ayliffe 363, enumerates lour kinds of mistakes : (1) when the wrong person is married by mistake ; (2) when a mistake is made as to the condition of the person married, as if she turns out to be a slave ; (3) when a mistake has been made as to her property by false representa- tions ; or (4) as to her quality, as when a man has married a strumpet, mistaking her for an honest woman. Only the first of these mistakes is now allowed as a destructive impediment. The last may be a good ground of divorce, according to Christ's words. Therefore Hieronym. ap. Gratian Cans, xxxiir. Qu. 1. c. 14, calls it meritorious to marry a strumpet, to make an honest woman of her, which of course assumes that he is not doing so by mistake. The second reason is a good ground of divorce before the marriage is consummated. Concil. Vermer. a.d. 752, ap. Gratian Cans. XXIX. Qu. II. c. 4 ; Decret. Lib. iv. Tit. ix. c. 2 ; Theodori Poenit. ii. xii. 20 and 23, in Haddan and Stubbs iii. 200. The third is a good reason for with- drawing from a betrothal, but not for rescinding a consummated marriage. (137). Innocent in. in Decret. Lib. iv. Tit. 1. c. 26 ; Devoti, § 142 ; Craisson, § 4205. (138). Concil. Cabilon. ii. a.d. 813, Can. 30 ap. Gratian Caus. xxix. Qu. II. c. 8 ; Alexander in. in Decret. Lib. iv. Tit. ix. c. 2 ; Innocent in. Ihid. c. 4 ; Craisson, § 4209 and 4310. (139). Concil. Vermer. a.d. 752, ap. Gratian Caus. xxix. Qu. I. c. 4 ; Theodori Poenit. il. xiii. 5, Ihid. c, 2, and H. & S. ill. 202 ; Adrian to Archbishop of Canterbury, in Decret. Lib. iv. Tit. ix. c. 1. (140). In reference to such a marriage, our Lord is by some thought to have used the words Tro/je/cris X6701' iropveias in Math. v. 32, and el /mtj iwi iropvelq. in Math. XIX. 9 ; vdpveia being the sin of an unmarried person, noixela the sin of adultery. In this country the rule of Caveat emptor is applied to such cases. (141). Gregory ix. in Decret. Lib. iv. Tit. v. c. 7 : If conditions are made 356 Short JManuals of Canon Laiv. 20. Incapacity to contract may arise from two causes : (1) physical, and (2) moral. Boys under fourteen and girls under twelve are presumed to be physically incapable of contracting a valid marriage (^*-) iinless their capacity is actually de- monstrated (^^^). Physical incapacity may also exist in older persons (^^*). If antecedent to marriage and irremovable, it renders the marriage a nullity (^^^), but not if it supervenes after marriage (^'^^). It may not, however, be set up until after three years of living together (^*'^), and it must be proved most strictly (^*^). 21. Moral incapacity is said to be of three kinds : (1) that which arises from madness or weakness of intellect (^*^), (2) that which is caused by holy orders or a solemn vow, and (3) that which is caused by a previous marriage (^^'^). By the general law of the Church (to which the present English Statute Law is an exception), holy orders invalidate any after- contrary to the substance of marriage, such as " I will marry you if you will undertake to have no children," or " until I find a richer and more honourable wife," or " on condition that you will earn a livelihood by adultery," there is no effective marriage contract. Conf. Augustin ap. Gratian Cans, xxviii. Qu. 1. c. 5. (142). Alexander lii. to Bishop of Norwich, in Decret. Lib. iv. Tit. ii. c. 6. ; Urban iil. Ibid. c. 10 and 11 ; Const. 30 Edmund, a.d. 1236 ; Devoti, § 125 ; Ayhffe 361. (143). Alexander iii. in Decret. Lib. iv. Tit. ii. c. 9. (144). Decret. Lib. iv. Tit. xv. c. 1 ; Devoti, § 126 ; Craisson, § 4219 ; Impotentia adest quando conjuges nequeunt habere copulam per se aptam ad genevationem ; unde impotentes non sunt steriles aut feminae quae semen non retinent, modo possint habere copulam ex se ad generationem idoneam, § 4220 ; Oriri potest (1) ex maleficio ; (2) ex frigiditate, (3) ex improportione vel, (4) ex commixtione sexus (hermaphrodite), § 4229. (145). Alexander iii. in Decret. Lib. iv. Tit. xv, c. 3. (146). Concil. Aurel. ii. a.d. 533, Can. 11 : Let not a contracted marriage be dissolved by any supervening infirmity. Gratian Cans. XXXII. Qu. VII. c. 24 : Alexander iii. to Archbishop of Canterbury, in Decret. Lib. iv. Tit. viii. c. 1. (147). Honorius in. in Decret. Lib. iv. Tit. xv. c. 7, (148). Gratian Cans, xxxiil. Qu. 1. c. 2. (149). 51 Geo. in. c. 37. (150). Devoti, § 128. Wedlock. 357 contracted marriage, but not one already existing. A solemn vow puts an end both to an existing and also to an after- contracted marriage ; but to do so (1) it must be a solemn and not a simple vow ; (2) it must be made on entering some approved form of religion (^^^) ; and (3) it must be made with consent of both parties (^^2). A previous marriage invali- dates a second marriage, except in certain cases in which the second union is tolerated, being regarded as only imperfectly sacramental (^''•^). 22. A marriage is also void by the parties being related within the forbidden degrees, whether they are so related by blood, by marriage, or by spiritual affinity (^^*), and the parties who have knowingly contracted such a marriage are excom- municate i^pso jure {}''"'')■ The term degree, however, is used in two senses : (1) ordinarily, it expresses the intervals of direct relationship between any two persons in ascending or descending line ; (2) exceptionally, it expresses the intervals of collateral relationship in which one degree includes several direct degrees. Thus a man is said to be separated by one direct degree from his mother or daughter, by two from his grandmother, grand- child, or sister, by three from his aunt or niece, by four from his cousin, and by six from his second-cousin. But a man is (151). Can. Apost. 27 : Of those who come into tlie clergy unmarried we permit only readers and singers to marry afterwards. Concil. Chalcedon A.D. 451, Can. 14 ; Apost. Const, vi. 17 : It is not lawful for a bishop, a presbyter, or a deacon, if they are unmarried when they are ordained, to be married afterwards. Synod Trull, a.d. 692, Can. 13, forbids clergy to marry after being ordained, but allows subdeacons, deacons, and pres- byters to retain the wives whom they had previously married. Alexander III. in Decret. Lib. iv. Tit. vi. c. 1 and 2 ; E.vtrav. Joan. xxii. Tit. vi. ; Devoti, § 128. See Duties of Order, § 14. (152). Alexander iii. in Decret. Lib. iv. Tit. vi. c. 4, and Lib. iir. Tit. xxxir. c. 2 : Id. to Bishop of Worcester, Ibid. c. 3 ; Innocent iii. Ibid. c. 7 ; Boniface viii. in Sext. Lib. iii. Tit. xv. (153). See above, § 10. This is forbidden by Clement iir. in Decret. Lib. IV. Tit. VII. c. 4 and 5, but not disallowed by Innocent iii. Ibid. c. 7. (154). Decret. Lib. iv. Tit. 1. c. 24 ; Lynd. 272 ; Devoti, § 123, 151 (155). Concil. Yien. a.d. 1311, in Clem. Lib. iv. Tit. I. 358 Short JManuals of Canon Law. separated by only one collateral degree (^^^) from his sister, by two from his cousin or niece, and b}'^ three from his second-cousin or great-niece. 23. It is disputed among canonists whether the prohibi- tion of marriage within any degree of blood-relationship is due to Divine law, natural law, or positive enactment (^•"). Anciently the Greek Church allowed marriage between those related in the third direct degree, and the Western Church between those related in the fifth direct degree without, how- ever, separating those who were married in the fourth (^^^). In the eighth century the Roman Church prohibited marriage to all related up to the seventh degree (^^^), but did not separate (156). Pseiido-Gregory uses it thus in his fifth answer to Augustin's questions, in Baeda i. 27. (157). The Jews were so averse to such marriages that to some of them they made death the penalty. They allowed Gentile j^roselytes to inter- marry even with a sister or stepmother, which probably explains the incestuous marriage mentioned (1 Cor. v. 1). These marriages were for- bidden Acts XV. 20. Thomas Aqiiinas, Gonzales, Pontius and Liguori hold the prohibition of marriage in the second degree, as between brother and sister, to be one of positive law only. Devoti, § 122 ; Concil. Neo- caesar. a.d. 314, Can. 2 forbids, but Innocent iii. in Decret. Lib. iv. Tit. XIX, c. 9, allows a man to marry a deceased brother's wife by dispensation. Ibid. c. 8 and Tit. xvii. c. 15, allows pagans converted to Christianity to retain their wives, although within the second or the third degree, just as the Jews permitted proselytes. Devoti, § 120, says that a bishop is re- strained by no Divine law from allowing many marriages, but that the bishop's power is restrained by councils. (158). Theodori Poenit. ii. xii. 25, in H. & S. in. 201, and Caus. xxxv. Qu. II. c. 3 : Marriage is allowed in the fifth degree according to the Romans, but it is not dissolved in the fourth after it has been consum- mated. Therefore men may marry in the fifth, and they are not separated if found in the fourth. Gregory Ibid. Qu. viii. c. 1 and 2. (159). Gregory in. a.d. 731, ap. Gratian Caus. xxxv. Qu. ii. c. 1, 16 ; Capit. Franc. Ihid. c. 19, and Qu. viii. c. 1 ; Concil. London, a.d. 1075, Can. 6 : That no one marry any of his own kindred, or of the kindred of a deceased wife, or the widow of a deceased kinsman within the seventh degree. Concil. Westminster a.d. 1107. Can. 24 ; That they who are related within the seventh degree be not coupled in marriage. Concil. London a.d. 1126 Can. 16. ]]\'dlock. 359 those iiiarrii'd in the sixth degree ('^'), uor enforce this rule strictly in regard to tliose married in ignorance in the fifth or fourth degree (^^^). All impediments beyond the fourth degree were removed by the Fourth Lateran Council in the thirteenth century, which at the same time not only declared marriages within the fourth degree void(^*'2-)^ ^i^^ ^^^ pronounced the issue of all such marriages illegitimate (^•^^). The power of determining the impediments to marriage appears anciently to have rested with the bishop, and then to have been claimed to belong to a general council or to the Pope between whiles (^^^), but it would appear that it can nowhere be exercised without regard to the custom of the locality (^^^). 24. The prohibited degrees are not confined to degrees of blood -relationship, but include also degrees of affinity, the result of a previous marriage, or of illicit connection (^°^), but (160). Concil. Ensliain a.d. 1009, Can. 8; Cmit's Law 7, a.d. 1017: Xever let it be that a Christian marry within the sixth degree. (161). Gratian Cans. xxxv. Qu. viii. (162). Can. 51, in Decret. v. Tit, iii. c. 3: Since the prohibition of conjugal union in the three last degrees has been revoked, we will that it be strictly observed in the other [four]. This had been the rule in England in 673 a.d., as appears from Pseudo-Gregory's [r.e., Theodore's] letter ap. Gratian Cans. xxxv. Qu. ii. c. 20 ; Egbert's Excerpt. 131, a.d. 740. (163). 32 Hen. viii. c. 38, forbids marriages within the fourth degree ; but such marriages, though voidable, were not ipso facto void before the statute 5 and 6 Gul. iv. c. 54 made them so. (164). Benedict xiv. de Syn. Lib. xii. c. 5 no. 9 : No particular synod can create a new destructive impediment. Craisson, § 4176. (165). Alexander iii. in Decret. Lib. iv. Tit. xi. c. 1 and 3 : We will that you carefully inquire into, and diligently imitate the custom of your metropolitan, or other adjacent Churches. (166). ConciL Paris lii. a.d. 557, Can. 4, calls it an unlawful union to marry a brother's widow, a mother-in-law, a paternal uncle's widow, a wife's sister, a maternal uncle's widow, a daughter-in-law, a mother's sister, a father's sister, a step-daugliter, and step -daughter's daughter. Concil. Turon. li. a.d. 567, Can. 21 ; Concil. Autissiodor a.d. 578, Can. 27-32 ; Concil. Matiscon ap. Gratian Cans. xxxv. Qu. ii. c. 14 ; Gregory Ihid. c. 3, and Caus. xxvii. Qu. ii. c. 12, § 2 ; Concil. Tribur. a.d. 895, Ihid. Caus. xxxv. Qu. II. c. 7, 13 ; Concil. London a.d. 1075, Can. 6 : That no one 360 Short Manuals of Canon Laiv. in the latter case not to tlie same extent. Thus a man may not marry his step-daughter or mother-in-law, who through his wife are his connections {ajfines) in the first degree (^^^), nor his deceased wife's sister or brother's widow, to whom by marriage he is connected in the second degree (}^^), nor his uncle's widow nor his wife's niece, with whom he is connected in the third degree ; nor may a woman marry her husband's relatives who through marriage are connected with her in the like degrees. Illicit connection Q^^), should it have taken place with a woman's relative within the forbidden degrees after espousal and before marriage, is a bar to lawful marriage with her Q^'^), but it does not invalidate the marriage if it takes place after the nuptials have been consummated i}^^)- Near relationship, which makes illicit connection a destructive im- pediment, is, by the Council of Trent, limited to the second direct degree, and does not extend further Q-''"). marry any of liis own kindred, or tlie widow of a deceased kinsman witliin the seventh degree. (167). Concil. Elib. a.d. 305, Can. 66, excludes from communion until death one who thus offends. Concil. Aurel. ll. a.d. 533, Can. 10 : Let no one ever marry his mother-in-law. Concil. Autissiodor a.d. 578, Can. 27, 28 ; Pseudo-Gregory to Augustin Ans. v. in Baeda i. 27 : To marry with one's step-mother is a heinous offence. (168). Concil. Elib. a.d. 305, Can. 61, requires a man who marries a deceased wife's sister to do penance for five years. Concil. Neocaesar. A.D. 314, Can. 2, and Concil. Aurel. a.d. 511, Can. 18, exchide from com- munion until he separates from her one who marries his deceased brother's wife. Syn. Eom. ad Gallos. a.d. 384, Can. 9 ; Concil. Martini. a.d. 572, Can. 79, condemn both kinds of marriages. Concil. Agath. a.d. 506, Can. 61, and Concil. Epaon. a.d. 517, Can. 30, condemn all marriages described as incest, and allow those so married to marry again properly, but do not divorce cousins already married. Concil. Aurel. in. a.d. 538, Can. 10 ; Concil. Arvern. a.d. 535, Can. 12 ; Concil. Autissiodor a.d. 578, Can. 30 ; Craisson, § 4284 ; Pseudo-Gregory to Augustin 1. c. : It is forbidden to marry a sister-in-law, because by the former union she is become the brother's flesh. (169). Innocent in. a.d. 1206, in Decret. Lib. iv. Tit. xiii. c. 10. (170). Alexander in. Ibid. c. 2 ; Innocent ill. Ibid. c. 7, and Tit. xiv. c. 2. (171). Innocent iii. Ibid. c. 6. (172). Concil. Trident. Sess. xxiv. c. 4. Wailock. 361 25. At one time tlie iinpediiiient of afilnity iuclndeJ affinity of three kinds : (1) direct affinity arising out of marriage between a husband and his wife's relations, or between a wife and her husband's relations ; (2) indirect affinity brought about by a second marriage and existing between a husband and the relatives of his wife's first husband, or between a wife and the relatives of her husband's first wife ; and (3) remote affinity set up by a third marriage, and existing between a second wife and a first wife's connections by a previous marriage. The impediments arising from indirect and remote affinity were abolished by the Fourth Lateran Council in the thirteenth century (^"^), and the prohibition of marriage with a wife's or a husband's near relations and connections is now limited to the husband or wife personally (^"*). Hence two brothers may now marry two sisters ; father and son may marry mother and daughter. Public honesty, nevertheless, extends the pro- hibition against marrying a deceased wife's relatives to con- templated as well as to completed marriages, and forbids a man or woman to marry a relative in the first degree of one to whom he or she has been betrothed (^'^^), or a relative within the fourth degree of one with whom marriage has been initiated, although it was never consummated (^''^). 26. A similar disability extends to persons connected with one another spiritually or legally. By spiritual connection or affinity is understood the tie which exists between a god-parent (173). Can. 50, a.d. 1215, Ihul. Decret. Lib. iv. Tit. xiv. c. 8. (174). Innocent lii. Ihii. c. 5. (175). The words of Siricius ap. Gratian Cans, xxvii. Qii. ir. c. 50, forbidding one person to marry a girl betrotlied to anotlier, are often quoted as an early instance of public honesty. Julius ii. Ihid. c. 15 : If any one is betrothed or formally pledged to a wife, and either tlirough death or any other cause fails to consummate the marriage, let neither his surviving brother nor any of his kindred marry her. Gregory Ihii. c. 14, quoted in note 14. This prohibition, extending to the fourth degree, was reduced by Concil. Trident. Sess. xxiv. c. 3, to the first degree. (176). Some have attributed to Boniface viii. in Sext. Lib. iv. Tit. i. the invention of this impediment, but Coelestin. in. in Decret. Lib. iv Tit XVII. c. 10, writing to the Archbishoj) of York, declared children illegitimate on that ground. Innocent in. Ihid. Tit. xiii. c. 7. 362 Short JMamtals of Canon Law. and god-child, or between a spiritual father and one whom he has baptized or confirmed (^^^) ; by legal affinity the tie which exists between an adopted child and the adopting parents (^'^^). The incapacity arising from spiritual affinity was by the Council of Trent limited to the sponsor or baptizer, and the baptized or confirmed person personally, and his father or mother (i^^), and in this country it is generally ignored altogether. The rule as to legal affinity depends on the custom of the country (i^*^), and is held also only to exist between the person himself and the husband or wife of the other (^^^). Neither of these disabilities, if they subsequently supervene, destroy marriage (^^2). 27. Marriage is also forbidden to an adulterer and the partner of his crime. In former times this prohibition was rigidly en- forced until the full term of penance for the adultery had been fulfilled (^^^). The prohibition is now confined to three cases of (177). Gratian Cans. xxx. Qu. 1. c. 1, and Qu. iii. and iv. ; Concil. Ensliam. a.d. 1009, Can. 8 : Never let it be that a Christian marry within the sixth degree of relations among his own kindred, . . . nor to the widow of one that is so near akin in worldly affinity, nor one nearly related to his wife whom he formerly had, nor to any consecrated nun, nor to liis spiritual relations. Cnut's Law 7, a.d. 1017 : That no Christian man do ever take a wife of his own kin within the sixth degree, nor the widow of a kinsman so nearly related to him, nor of the kindred of a wife whom he formerly had, nor of his sureties at baptism. Concil. Westminster a.d. 1200, Can. 11 : Let not a godson contract with the daughter of the baptizer, or of the god-parent, whether born before or after. Const. 2 Reynolds, a.d. 1322, Sext. Lib. iv. Tit. in. c. 3 ; Lynd. 35. (178). Nicolaus, a.d. 865, in Decret. Lib. iv. Tit. xii ; Devoti, § 136. (179). Gratian Cans. xxx. Qu. iii. c. 4 : Sons or daughters of spiritual parents, begotten either before or after sponsorship, may lawfully contract marriage, but Ihid,. c. 5 says that those born afterwards may not, because secular lords forbid the unemancipated to marry adopted children. Alex- ander III. in Decret. Lib. iv. Tit. xi. c. 1, inclines to the latter view. Concil Trident. Sess. xxiv. c. 2. (180). Benedict xiv. de Syn. Dio. Lib. ix. c. 10, no. 5 ; Craisson, § 4273. (181). Liguori, Lib. vi. no. 1027 ; Benedict xiv. de Syn. Lib. ix. c. 10, no. 4. (182). Decret. Lib. iv. Tit. xr. c. 2, 4, 5, 6. (183). Concil. Elib. a.d. 305, Can 72 ap. Gratian Cans. xxxi. Qu. \. c. 7, permits it after five years' penance ; also Concil. Meldens. a.d. 845, Ihid,. JVcA/ock. 3r,3 crime Q^^), viz. (1) wlien a man and woman have sclicmcd for the death of the husband or wife of one of them in order to be in a position to marry one another (^^^'^) ; (2) when one of them, after committing adultery, has actually brought about the death of his or her own husband or wife Q^^) ; and (3) when adultery has been committed between them, coupled with a promise to marry one another when free so to do, and the adultery and promise have been persisted in up to the time of the natural death of the injured party (}^~). The Dissolution of Wedlock — Divokce. 28. Of the three aspects under Avhich wedlock may be regarded, viz., as a natural, a civil, and a sacramental relation, the two former allow it to be voidable in whole or in part in accordance with custom or the law of the state i}^^). The c. 5 ; Concil. Tribur. a.d. 895, Can. 51, Ihid. c. 1, 3, 4 ; Clemens III. Hid. Decret. Lib. iv. Tit. vii. c. 4, 5 ; Gregory ix. Ihid. c. 8. (184). Concil. Vermer. a.d. 752, ap. Gratian Cans. xxxi. Qu. 1. c. 6, and in Decret. Lib. iv. Tit. xix. c. 1 ; Alexander in. Ihid. Tit. vii. c. in. ; Innocent ili. Ihid. c. 6 ; Coelestin. iii. Ihid. Lib. in. Tit. xxxiii. c. 1 ; (^raisson, § 4318. (185). Alexander in. to Bishoj:) of Exeter, in Decret. Lib. iv. Tit. xvn. 0. 6. (186). Concil, Meldens. a.d. 845, ap. Gratian Caus. xxxi. Qu. 1. c. 5, but not, according to Alexander iix. in Decret. Lib. iv. Tit. vii. c. 1, when the other party Is innocent, and would be injured by the rule being enforced. Alexander in. to the Abbot of Fountains, Ihid. c. 2. (187). Innocent in. Ibid. c. 6. (188). Cod. Theodos. Lib. in. Tit. xvr. ; Justinian Novel. 117; Mar- culfus Lib. II. c. 30 ; Hieronym. Ep. 84 ad Oceanum : The laws of Caesar are one thing, those of Christ another. Anibros. Lib. vin. c. 30 : You put away your wife as though it were right, and not a crime, and fancy it is allowed to you because human law raises no bar, but Divine law does. Augustin Serni. 392 (al. 49) : This is not allowed by Catholic law, but it is by place-law (non jure poli etsi jure fori). Chrys. Ilom. in 1 Cor. vii,: Do not quote to me laws made by outsiders which allow a bill of divorce to be given. For God will not judge you by those laws in that day, but by His own laws. Gregor. Ep. Lib. xi. 45 (al. ix. 39) : Be it known to you that although human law allows it, Divine law forbids it. Devoti Lib. n. Tit. II. § 150 ; Liebermann vi. 991. 3G4 S/ioi't Manuals of Canon Law. partial avoidance of it by the suspension of tlie marital coupling or common life is termed sequestration, or separation from bed and board (^^^) ; the total avoidance of it, by relaxing the contract of mutual fidelity, is termed divorce or repudiation. But it is otherwise with wedlock as a sacramental relation. As a life-long bond set up by the law of Christ, wedlock is indissoluble during the lifetime of the parties, except perhaps by adulteiy. 29. It is the general teaching of the Western Church that when once lawful wedlock has been contracted and consum- mated between Christians it cannot be dissolved, either by the sentence of a judge as in divorce i}'^^), by the lapse of one of (189). Concil. Aurel. v. a.d. 541, Can. 19, directs nuns who marry- to be excoramvmicated ; but if they purge their fault by separating (sequestratione), they may be readmitted to communion. Concil. Lugdun. III. A.D. 583, Can. 1. (190). Math. XIX. 6 : What God hath joined let not man put asunder ; V. 8 : In the beginning it was not so [that divorce was allowed]. Mark x. 11, 12 ; Luke XVI. 18 ; 1 Cor. vii. 10 ; Hermas. Command, iv. c. 1 : If the woman continue in her crime, let the man put her away and remain by himself ; should he marry another, he himself commits adultery. Athenag. Apol. 33 ; Tertullian de Monog. c. 9 : [Matrimony] is dissolved not through the harshness of divorce, but through the debt of death. ... A divorced woman cannot even marry legitimately. Concil. Gangra. a.d. 355, Can. 14 ap. Gratian l. Dist. xxx. c. 3 ; Augustin. Ihid. Cans, xxxii. Qu. vii. c. 1 : The nuptial bond (confoederatio nuptialis) is not abolished by divorce, so that they continue when separated to be man and wife (ut sibi conjuges sint etiam separati), seeing they commit adultery with those with whom they cojiulate after their divorce. Ihid. c. 2 : For as one who is excom- municated for some crime is not without the sacrament of baptism, even though he is never reconciled to God, so a wife divorced for adultery is not without the marriage bond (vinculo), though she be never reconciled to her husband. Ihid. c. 27 : Such is the strength of the domestic tie between husband and wife that, although it be tied for the sake of pro- creation, it cannot be untied for the sake of procreation. . . . The tie of nuptials remains, although the offspring, for the sake of which it was instituted, does not follow, owing to manifest sterility. Concil. Carthag. A.D. 407, Ihid. c. 5 : According to the Gospel and the Apostles' rule, let not a man divorced from his wife, or a woman divorced from her husband,. be joined to another, but let them remain apart or be reconciled. Hieronym. Ihid. c. 7 ; Concil. Elib. a.d. 305, Ihid. c. 8 ; Gregory Ihid. c. 22 ; Egbert's Wedlock, 365 the parties into beatlieuisra (^•^^), or by anything short of the natural death of one of them i}'^-), or his civil death by the solemn profession of the religions life. Ordinarily, the pro- fession of the religious life must be made by both parties, and in this country the license of the archbishop is also required for that purpose (^°^). It is only allowed to be made by one without the other, if (1) the other consents thereto, and (2) is so advanced in years as to be able to observe continence in the world without suspicion (i^*). The Eastern Church, whilst allowing that marriage cannot be dissolved by divorce, contends that the bond (vinculum) is destroyed by adultery, provided it is complete (^^^), and hence regularly permits remarriage after divorce for adultery. Excerpt. 120, a.d. 740, in Decret. Lib. iv. Tit. iv. c. 1, and Lib. iii. Tit. XXXII. c. 14. (191). Innocent in. in Decret. Lib. iv. Tit. xix. c. 7, and Lib. iir. Tit. XXXII. c. 14 ; Devoti, § 151. (192). 1 Cor. VII. 39 : 71"^ 5e3erat v6mp ((p' Haov xpdfov fj^ 6 dvrjp avTrjs' iav 8k KoifirjOfj 6 dvyjp avTTJs, iXevd^pa iaTiv ip deXei ya/iiridrjvai, fi6vov ii> Kvpluj. Augustin ap. Gratian Cans, xxxii. Qu. vii. c. 2 and 28 : The conjugal tie remains among the living, and can neither be abrogated by separa- tion nor by union with another. (193), Alexander iii. to Bishop of Exeter in Decret. Lib. in. Tit. xxxii. c. 4. (194). Const. 27 Edmund, a.d. 1236: Let the priest forbid under pain of anathema any married person to enter into religion, or to be received except by ourselves or our license. (195). Chrysostom Horn 19 in 1 Cor. : By adultery the marriage has Ijeen already dissolved. . , . After the wife's fornication the husband is no longer a husband. Asterius in Keble's Sequel, p. 58 : Marriaf^es are severed by nothing save death and adultery. See note 72. Goar's Eucholog. Graec. The chief arguments are (1) that Math. v. 32 implies that a wife may be put away for fornication ; (2) that Math. xix. 32, Mark x. 11, and Luke XVI. 18 imply the same. In reply to (1) it is alleged that irapeKrbs \6yov wopvdat in Math. V. 32 applies to antenuptial fornication (see above, § 19) ; and to (2), that the words in Math. xix. 32 were not spoken of Christian marriage, but of the dispute in the Jewish scliools between the followers of Rabbi Schammai, who contended that a woman could onlv be separated from her husband for adultery, and the followers of Rabbi llillel, who maintained that she could be separated for being generally distasteful to him Deut. xxiv. 1). See Liebermann vi. 985, who also 366 SJiort Ufaiiuals of Canon Law. 30. Wh'in, on the other hand, lawful marriage has ouly been contracted but not consummated, it may be dissolved, because the religious bond is not yet sacramentally complete (^^''). This may be effected either (1) by the solemn profession of the religious life by one of the parties, or (2) by sentence of a competent authority for a satisfactory cause (^^'^). For the pro- fession of the religious life the consent of the other party is in this case not necessary (i^^) ; nay, so little is it required that, in order to afford both the opportunity of embracing religion, two months must elapse after marriage before either can be compelled to live with the other and render conjugal rites (^^^). For the same reason, or rather because the religious bond is altogether absent from it, a heathen marriage may be dissolved on one of the parties becoming a Christian (-°'^), (1) if the other remarks, § 990 : A distinction must be drawn between truths which are believed to be contained in the Word of God and rest on the common faith of the Church but have not been laid down in any solemn decree, and those which the Church has expressly defined and requires to be believed under pain of anathema. Truths of the former kind there can be no doubt belong to the faith, but those who dissent from them are not cut off from the unity of the Church, nor do they incur the penalty of anathema. Lactantius Epit. Div. Inst. c. 66 : [God has commanded] that the bond of the conjugal compact shall never be dissolved unless unfaith- fulness have broken it. (196). See above, § 7. (197). Gregory ap. Gratian Caus. xxxiii. Qu. 1. c. 1 and 2, says that if marriage has not been consummated on account of the man's [alleged] incapacity, the wife may marry another ; but if the man afterwards wishes to marry he must take back his first wife. Theodori Poenit. ii. XII. 32 in Haddan & Stubbs iii. 201 : If a man and woman are united in matrimony and the woman afterwards says that he cannot consummate the marriage, if any one can prove that it is so, let her marry another. Decret. Lib. iv. Tit. xv. (198). Alexander in. in Decret. Lib. iii. Tit. xxxii. c. 2 : After lawful consent has been given in words of the present, one may enter a monastery against the wish of the other, provided there has been no sexual union. Innocent in. a.d. 1206, Ihid. c. 14 : Before matrimony has been consum- mated by sexual union, either husband or wife may embrace religion without consulting the other. Thom. Aquin. in 4 Dist. 27, Qu. 1. (199). Alexander iii. Hid. c. 7. (200). Justin. 2 Apol. c. 2, relates that a Christian woman gave a bill of Wedlock. 367 refuses cohabitation, or (2) to prevent the blaspheming of the Divine name, or (3) to escape the commission of mortal sin(-"^); bat it is not necessarily dissolved by conversion (-'^-). Should a heathen renounce his marriage on becoming a Christian, and his partner be converted before he has contracted a fresh mar- riage, the former union revives, and becomes true sacramental marriage (-'^^). 31. What is ordinarily spoken of as divorce is either the avoiding the tie of mutual fidelity as a civil relation by the state, which does not affect the obligations of Christians, or else the formal declaration that no sacramental relation exists. In the case of presumptive or reputed marriages which upon investiga- tion are found to be no marriages at all, or in case of a real marriage the sacramental character of which has been already destroyed by adultery, such a formal declaration is necessary, on the ground that, whenever wedlock has been solemnly con- tracted in face of the Church, (1) such wedlock must be taken to be prima facie good although the impediment may be notorious (-**■*) ; (2) that it cannot be treated as a nullity until it has been judicially declared to be such (-<''5) ; and (3) that it divorce to her heathen husband, lest she might be a partaker in his sins. 1 Cor. VII. 13 : If he [the heathen husband] be pleased to dwell with her, let her not put him away ; ver. 15 : But if the heathen husband depart, let him depart oii SeSovXurai 6 d5eX^6y fj tj dde\, says after three years. Theodort Poenit. ii. xii. 11, in Haddan and Stubbs III. 200 : If a woman has committed adultery, it is in her husband's discretion to be reconciled to her or not. Decret. Lib. v. Tit. xvr. c. 3. (213). Origen in xix. Math, states that some rulers of Churches have allowed a woman put away by her husband to be joined to another. Basil Ep. 199, canonica ii. ad Amphilochium, Can. 48 : She who is deserted by her husband ought in my opinion to remain unmarried. Theodori Poenit. II. XII. 5, in H. & S. III. 199 : If any man's wife commit adultery, he may put her away and take another, i.e., if he have put her away because of adultery and she is his first wife, he may take another ; and she, if she will do penance for her sins, may after five years take another. Id. ii. XII. 19, 20, 21, Ihid. ii. 200, allows remarriage in other cases during the partner's lifetime. See above, § 10. (214). Augustin ap. Gratian Cans, xxxii. Qu. vii. c. 28, Cans, xxxiv. Qu. 1. See § 29, notes 190 and 195. (215). Concil. Arelat. 1, a.d. 314, Can. 10, in H. & S. i. 7 : Let those who detect their wives in adultery, being themselves youthful believers and for- bidden to marry, be advised as far as possible not to take other wives. Code.\ Eccles. Afric. Can. 102 ; Concil. Andegav. a.d. 453, Can. 6, sub- stituting the Roman for the Eastern rule, decreed : Let those who pretend to marry the [divorced] wives of others whilst their husbands are alive, abstain from communion. Theodori Poenit. il. xii. 19, 20, 21, prescribes three years' penance when remarriage takes place with the bishop's sanction. Id. I. xiv. f<, Ihid. III. 188 : Let him who puts away his wife [wantonly] and takes another, do hard penance for .seven years or light for fifteen. Egbert's Excerpt. 122, a.d. 74U : A canon savs : If a woman depart from liei' husband 2 B 370 Short Manuals of Ca7ion Law. allowed — (1) if the wife has been outraged against her will (-^") ; (2) if the husband has been guilty of adultery by means of a deception practised on him (-i^) ; (3) if both parties are equally guilty (21^) ; (-i) if the husband has been the cause of the wife's adultery (^i^) ; or (5) if the husband has condoned it after being aware of its existence (-'^*'). 34. Questions of divorce and separation from bed and board are always accounted among the most difficult matters to be decided by ecclesiastical judges, and are therefore withdrawn from the cognisance of all inferior ordinaries (2^^), and to pre- vent collusion (2"^'^) such cases may not be gone into without the presence of a so-called defender of marriage. At his instigation a decision may be reviewed at any time, even after two previous sentences (2^^). in contempt of hiiu, refusing to retnin and be reconciled to him, lie may take another wife after five or seven years, with the bishoi^'s consent [dispensation], if he cannot contain. But let him do penance for three years, or even so long as he lives, because he is convicted of adultery by the sentence of the Lord. Pastor Hernias ajD. Gratian Cans, xxxiv. Qu. II. c. 7, quoted note 190. See notes 73 and 96. (216). Augustin ap. Gratian Cans, xxxii. Qu. v. c. 3 ; Innocent iii. in Decret. Lib. iv. Tit. xiii. c. 6. (217). Concil. Tribur. a.d. 895, Ihid. Caus. xxxiv. Qu. 1. c. 6. (218). Augustin ap. Gratian Caus. xxxii. Qu. vi. c. 1 : Whoever wishes to jjut away his wife because of fornication, must first show that he is himself free from fornication. Alexander in. in Decret. Lib. iv. Tit. xix. c. 4 and 5 ; Innocent iii. Ihid. Lib. v. "Tit. xvi. c. 6 and 7. (219). Innocent iii. in Decret. Lib. iv. Tit. xiii. c. 6. (220). Chrysostoni ap. Gratian Caus. xxxii. Qu. 1. c. 4. (221). Alexander in. in Decret. Lib. iv. Tit. xiv. c. 1 : Matrimonial causes may not be heard by any butonly by discreet judges, who have power of judging and are not ignorant of canonical rules. Const. 20 Langton, a.d. 1222 : That rural deans presume not to hear matrimonial causes. Const. 23 Otho, A.D. 1237 : That matrimonial causes, which are to be handled with peculiar deliberation and diligence, be committed to prudent and trusty men, and such as are skilled in the laws. Lynd. 79. (222). Coelestin. in. in Decret. Lib. iv. Tit. xiii. c. 5. (223). See Judgments. Devoti Lib. ii. Tit. ii. § 126. Modern statutes forbid commissions of review in this country. 371 VIII. ECCLESIASTICAL SACRAMENTS. 1. Besides the sacraments which are in themselves means of grace, because they have been directly or indirectly ordained by Christ for that purpose, there are other sacramental signs used in the Church which are remotely means of grace, because, through the sympathy and compassion of the faithful Q), they are sanctified by the word of God and by prayer (-). In contrast to the greater sacraments these may be termed ecclesiastical sacraments. They include (1) sacramentals, (2) benedictions, and (3) suffrages. With them may be grouped (4) indulgences, although they are not properly sacraments, but acts of jurisdiction taking effect in the inner tribunal. Sacramentals. 2. A sacramental (^) may be defined to be any outward sign or thing which is not in itself a means of grace (*), but may become such if sanctified by prayer, provided it is properly (1). Eph. II. 21, 21 ; Iren. Haer. ii. 31, 3 : In the Church, sympathy and compassion, and steadfastness and truth, are displayed for the aid and encouragement of mankind. (2). 1 Tim. IV. 5. (3). Ferraris Peccatum, no. 53, uses sacramentalia in the sense that .sacramenta was used in former times, and states that sacramentals (sacra- mentalia) are so called because they are habitually employed for making or administering sacraments, such as the sign of the cross and benedictions, ... or because they imitate the virtue of sacraments. Collet de Sacram. c. 7, art. 2, defines sacramentals as " things (and l)y things acts are inider- stood) ordained for the worship of God by some religious rite, and by the common persuasion of the faithful .serving in a special manner for man's .sanctification." The editors of the ( 'ur.sus Conipletus of Miu'ne, col. 1550, note 1, say, " Sacramentals are certain things or actions ordained by the Church, and consecrated to produce certain spiritual effects." (4). Liebermann vi. 35, points out that although the Church might have had the power of constituting sacraments, yet it is nowhere stated tliat it has, neither does the belief of the Church claim for it such a 372 Short Manuals of Canoii Law. used by those who are within the communion of saints. There are generally said to be three forms of words and three material things which serve for sacramentals (^) ; there may, however, be others. The forms of words are — (1) the Lord's Prayer (^), or any other public prayer prescribed for use for some definite object ; (2) the public confession prescribed to be used in the Eucharistic service and at morning and evening prayer (/) ; and (3) the various benedictions given by bishops, abbots, and presbyters. The material things are — (1) holy water (^), (2) the eulogies or benediction-bread and wine, and (3) alms- giving undertaken in obedience to a precept (^). 3. All ecclesiastical sacraments depend for their efficacy upon the prayers of the faithful ; hence they can only be means of grace to the extent to which they are intended by the Church to be such. Being usually limited to those in a state power. Hence sacramentals are (1) not of Christ's institution, and (2) do not carry with them Christ's promise of sanctifying grace. (5). They are commemorated in the line — Grans, tinctus, edens, confessus, dans benedicens. (6). Cyprian de Orat. Dom. c. 9, speaks of the sacramental value of the Lord's Prayer (sacramenta orationis dominicae). Augustin ap. Gratian Caus. XXXIII. Qu. in. Dist. iir. c. 20 : As to the daily lighter and lesser shortcomings without which this life cannot be led, the daily prayer of the faithful makes satisfaction. Concil. Tolet. iv. a.d. 63.3, Can. 10, insists on the daily use of the Lord's Prayer for this purjjose. See Bajytism, § 27. (7). Const. 5 Reynolds, a.d. 1322. Lynd. 242 says the general confession is said at mass, at prime, and at compline. (8). Concil. Agath. a.d. 506, Ibid, i. Dist. 1. c. 64, orders penitents to be sprinkled with holy water. Gregory to Bishop Mellitus of London, a.d. 601, in Baeda i. 30, orders heathen temples to be reconciled by being sprinkled with holy water. Theodori Poenit. ii. 1, 1, a.d. 673, in Haddan and Stubbs in. 191 : Those who live in houses may sprinkle them with holy water as often as they like, and when you consecrate the water first make a prayer. Athelstan's Law 8, a.d. 925 ; Edgar's Law 43, a.d. 960 ; Const. 22 Boniface, a.d. 1261, orders the benefice of the holy water to be conferred on clerks. Const. 15 Peckham, a.d. 1281 ; Lynd. 142. (9). Cyprian de Orat. Dom. c. 32 : Prayer is made eiJectual by fasting and almsgiving. Concil. Clovesho. a.d. 747, Can. 26, 27 ; Concil. Chelsea A.D. 816, Can. 10, prescribes such almsgiviug for the benefit of others. Ecclesiastical Sacrainoits. 373 of grace, they are efiicacious to remit venial but not mortal sins ; for the latter the sacrament of penance is provided Q^\ Nevertheless there are certain sacramentals instituted for persons and things outside the state of grace, such as (1) exorcised salt (^^) and exorcised oil (i-), for the benefit of catechumens ; (2) ashes for the reclamation of penitents ; and (3) hyssop for removing the stain from desecrated places and things. All sacramentals have a certain efficacy of their own, because they carry with them the benefit of the prayers of the Church. Hence it is not a matter of indifference whether the sacramental signs are actually hallowed or whether they are only erroneously believed to have been hallowed (^■^). 4. Holy water is water mixed with exorcised salt (^^), and blessed by a bishop or presbyter, to cleanse and preserve those sprinkled with it from all impurity of the flesh or spirit. Its use is said to have been introduced by Alexander I. in the second century (^•^). It is usually blessed every Sunday, so that the altar and all who are present may be sprinkled with it before the solemn Eucharist commences. Formerly it was the custom to carry it in procession throughout the district, and to sprinkle with it the faithful who were unable to assemble in (10). Const. Reynolds, a.d. 1322 : Let not a priest tliink as some do by mistake, that mortal sins are blotted out by the general confession. Lynd. 237, says that mortal sins are not forgiven in a non-sacramental general confession, so far as the power of the keys is concerned, but venial sins are. M. 242. (11). Concil. Carthag. in. a.d. 397, Can. 5 : On the most solemn Paschal days let no sacramental sign be given to catecliumens save the accustomed salt. Augustin de Peccat. Mer. et Remiss, ii. 26 : That which catechu- mens receive, although it is not the Body of Christ, is lioly— more holy than the food on which we live — because it is a sacramental sign. Leofric Missal 249, gives the form for exorcising the salt. Edgar's Law 43, a.d. 960 ; Const. 27 Peckham, a.d, 1281. (12). See BajJtism, note 34 ; The Sacraments, § 24. (13). Craisson, § 4458. (14). Pseudo-lsidor. ap. Gratian in. Dist. in. c. 20 : "Water sprinkled Avith salt we bless for the people to use. Rabanus Ihid. in. Dist. IV. c. G4. (15). Walafrid Strabo c. 28. 374 Short Manuals of Canon Law. Church. Those who carried it round were called water-bearers (aquaebajuli), and received a small fee for the service, and several English constitutions require the benefice of the Holy- Water (as this privilege was called) to be conferred on none but poor clerks (^^\ 5. The eulogies (^^) or benediction-bread and wine, called by the Greeks antidoron, represent that part of the Lord's Supper which was formerly called the cv^airr] or love-feast (^^), and consist of bread and wine which have been solemnly offered to God with prayer by the faithful, but have not received the divine invocation whereby they become the Eucharist (^^). It (16). Const. 22 Boniface, a.d. 1261 ; Const. 15 Peckliam, a.d. 1281 ; Lynd. 142 ; Le Brim i. 88. (17). Gregory Nazianzen Orat. 19, states that lie was in the habit of blessing white loaves marked with the sign of the cross. Socrates vii. 12, relates that, in 412 a.u., Chrysantlius, the Novatian Bishop of Con- stantinople, would receive nothing from the Church but two loaves of benediction bread {aprovs evXoytwp). Concil. Laodic. a.d. 363, Can. 32 ; Concil. Martini a.d. 572, Can. 70. (18). As appears from 1 Cor. xr, 20, 21, it was considered part of the Lord's Supper. Tertullian Apolog. c. 39 : Our feast explains itself by name. The Greeks call it agape [i.e., love], . . . The participants before reclining taste first of prayer to God. As much is eaten as satisfies the cravings of hunger ; as much is drunk as befits the chaste. Concil. Laodic. a.d. 363, Can. 28, forbids the agape to be celebrated in churches, repeated by Concil. Trull, a.d. 692, Can. 74. Concil. Carthag. iii. a.d. 397, Can. 20 : Let no bishoi) or clergy hold repasts in Church unless travellers be then entertained from the necessity of showing hospitality. Can. 29 : That the sacrament of the altar be not celebrated by men unless fasting, except on the one anniversary day whereon the Supper of the Lord is celebrated. It is described by Hieronym. in Epist. i. ad Cor. c. 11, and Chrysost. in Epist. i. ad Cor. Hom. 27. Augustin contra Parmenian. Lib. III. c. 2 : TVTiy, then, do ye not only take the food of your table with such persons against the Apostle's precept, but also communicate the Supper of the Lord's Table? The benediction-bread was given in the British Church — see H. and S. i. 259, 638 ; and also among the Saxons — Thorpe ii. 151, 160 : Come neither to loaf nor to housel. (19). Apost. Const, viii. 31 directs the oftered but unconsecrated bread to be divided among the clergy. Simeon of Thessalonica de Temjjlo. p. 230, and Le Brun ii, 417, says that among the Greeks those who receive it treat it with great respect as having been offered to God with pi-ayer in Ecclesiastical Sacraments. 375 was the custom in the fourth century for bishops to send the eulogies to one another at Christmas and Easter as a token of membership in the One Body(-*^), and sometimes even to send the Eucharist (-^). In later times, when discipline grew slack, the eulogies were distributed to the faithful who, from whatever cause, were prevented from partaking of the Eucharist, and in small places they were often distributed on Sunday when there was no Eucharistic consecration (--). The distri- tlie service of the ir/36^eo-is, and kiss the hand of him who gives it to them, (-'avalieri Op. iv. 47. According to Duchesne, the eulogies are blessed in the Roman rite towards the close of the canon at the words, Per quern haec omnia, Domine, semper bona creas, sanctificas, viviticas, benedicis et praestas nobis. (20). Paulinus of Nola Epist. v. 21, in Migne LXi. 177, sends bread to Bishop Severus, to be used for eulogies. Augustin Ep. 31 (al. 34) ad Paulin. : The bread which we have sent will become a truer benediction- 1)read (uberior benedictio) by your charity. Paulin. Epist. 41 ad August. : One loaf which we have sent to your charity in token of unanimity, we pray that you will bless on receiving it. Paulin. Ep. 45 ad Alip. (21). See The Eucharist, note 312. (22). Leo IV. A.D. 850, Horn, de Cura Past. : On festal days distribute the eulogies to the people after masses. Concil. Nannet. a.d. 895, in Regino 1. c. 332 : Out of the oblations which are offered by the people and are left unconsecrated, the priest shall bless and distribute pieces, after the Mass is over, to those who have not communicated. John Belethus in Bridgett's Hist, of the Eucharist ir. 39, 259, attributes to St. Benedict the custom of making a little lunch (parvum prandiolum) in Church, on Easter Day, of the bread and wine, after the Communion. Syn. Dunelm. a.d. 1220, in "Wilkins i. 580 : When women come to be churched after child-birth, priests must only give them the holy loaf, and not the Body of Christ, unless they expressly ask for it and have made their con- fession. The directory of the monastery of Bee in Giles' Lanfranci Op. orders that on Maundy Thursday the poor whose feet are to be washed shall be communicated with benediction-bread only. Const. 4 Edmund, A.D. 1236, forbids priests' concubines to be admitted either to the pax or to the benediction-bread. A synod of 1255, in Martene de Antiq. Rit. 1. c. iv. 10, orders that on Easter Day the Eucharist be not given to children, but only the blessed bread. Const. Giles Saris, a.d. 1256, in Wilkins i. 714, requires the parishioners to provide the holy loaf every Sunday. Const. 27 Peckham, a.d. 1281. Conf. Const. 1 Peckham, a.d. 1281. During the interdict in 1207 a.d., according to the Dunstable Annals in Bridgett ii. 284, when the Eucharist could not be celebrated, blessed bread and wine 376 Short Manuals of Canon Law. bution was, however, confined to the faithful, neither catechu- mens nor penitents, whilst undergoing penance, being allowed to participate in them. Benedictions. 6. A benediction is an invocation of God to obtain from His Almighty power the virtue necessary to produce some desired effect, and to impart holiness or grace to some person or thing (23). Such an invocation carries with it more or less effect according to the degree in which it reflects the unani- mous mind of the Church, and is made by one who is the authorised exponent of that mind in intercession (2*). (1) One which expresses the unanimous mind of the whole Church is were allowed to be distributed after the sermon. The Register of Bishop Stapledon of Exeter, p. 296, a.d. 1.310, contains a complaint of the men of Norton, setting forth that that chapelry was served by a chaplain, who every Sunday read and explained the Gospel and gave them the bene- diction-bread, but was only allowed to offer the Eucharist at Christmas and Easter. The Book of Evesham, p. 45, directs it to be blessed and given to bridegroom and bride after their marriage. Maskell Mon. Kit. I. cccxviii. (ed. 1882). (23). Le Brun in. 242. Thus Christ blessed the bread, i.e., invoked the Father to multiply it (Math. xiv. 19 ; Mark viii. 6). Thus, before raising Lazarus, He invoked the Father and then rendered thanks (John xi. 41). (24). Tertullian de Orat. c. 27 : Every institution is excellent which for the extolling and honouring of God aims unitedly to bring Him enriched prayer as a choice victim. Cyprian de Unit. Eccl. c. 12 : If two of you shall agree on earth, ... it shall be given you. ... He placed agreement first. He has made the concord of peace a prerequisite [Tertullian de Orat. c. 18 : What prayer is complete if divorced from the holy kiss ?]. But how can he agree with any one who does not agree with the body of the Church ? Ihid. c. 25, commenting on Acts i. 14, These all continued with one mind in prayer, observes : And thus they prayed with effectual prayers. Thus they were able with confidence to obtain whatever they asked from the Lord's mercy. See Baptism, notes 46 and 219. Id. Ep. 7 (Oxf. 11), 3 : U two of one mind can do so much (Math, xviii. 19), what might not be effected if the unanimity prevailed among all ? Ep. 56 (Oxf. 60), 2 : Whatsoever is at the same time sought for by all, the God of Peace will grant to the peaceful. De Op. et Elemos. 4 : When Peter had brought to the Lord the prayers intrusted to him. Ecclesiastical Sacravicnts. 377 called a canon of benediction (-■''). (2) One which represents the united suffrages of the members of some part of the Church is called a collect of benediction (-*'). (3) One in which the benefit of the prayers of a single fellow-member is com- municated is called a suffrage of benediction (-'^). (25). The Jews had a prayei- summarising the prayers of tlie synagogue, called the fountoin or "the summary." The Lord's Prayer is no other than the divinely sanctioned "summary," or collecta oratio, and was used as such at the conclusion of every service and of tlie Eucliaristic consecra- tion. Ordinarily, the term collect is confined to summaries of prayer used at the presbyter's discretion ; the Lord's Prayer and the Eucharistic prayer being called canons of benediction. Ignat. Eph. c. 5 : If the prayer of one or two possesses such power, how much more that of the bishop and the whole Chui-ch % Ad Magnes. c. 7 ; Let there be one prayer in common. (26). Tertullian Apol. c. 39 : We meet together as an assembly and congregation, that ottering uj) prayer to God as with united force we may wrestle with Him in our supplications. Cod. Eccl. Afric. Can. 103, directs prayers to be used in public which have been collected (collectae) for common use by the better instructed. Concil. Agath. A.n. 506, Can. 30, directs every service to be concluded with the bishop's summing up prayer (collecta oratione), which Concil. Bai'cin. a.d. 540, Can. 2, calls a benedic- tion. Id. Can. 5 directs presbyters colligere orationes in ordine when the bishop is present. Concil. Paris in. a.d. 557, Can. 7 : Let no one who is excommunicated be admitted to the collective prayers (colligatur). Theo- dori Poenit. ii. ix. 2, in H. & S. in. 197, directs a desecrated church to be reconciled aliqua collectione, and ii. ii. 14 Ihid. in. 192 says that deacons may not say the colledio. Amalarius de Eccl. Ofiic. Lib. in. c. 9 says that the presbyter's prayer is called both henedictio and colledio. Walafrid Strabo in Migne. cxiv. p. 920 : Collecta dicuntur cj^uia necessarias petitiones corapendiosa brevitate colligimus. Micrologus, a.d. 1077, c. 3, says that "a collect is so called because the presbyter who acts for the people sums up and concludes in it the prayers of all," and that properly there are only two collects in the Roman Liturgy, one with which the piivate prayers before the offering are summed up [now called the collect], the other with which the private prayers after the communion are summed up [now called the post-communion]. To these must be added the canon of benediction. See The Eucharist, § 13. The Mozarabic rite consisted of nine collects with their introductions and farsings. (27). Tertullian de Bapt. c. 8 speaks of the sacramental rite in which Jacob blessed his grandsons. Bishop Aliercius, in the second century, ends his own epitaph with the words, Let every friend who observeth this pray for me. Archaeolog. Cambrensis, fourth series, v. 245, contains an ancient inscription, in Cardiganshire : Whoever reads this name let him say a benediction for the soul of Hiroidel. See The Sacraments, note 87. 378 SJiort Majtuals of Canon Lazv. 7. Canons of benediction are used by bishops as officers of the whole Church, but in certain cases they may be used by presbyters specially deputed to act for the bishop. Those which are given in the most solemn way with the use of chrism, such as the benedictions at confirmation, ordination, and the consecration of Churches, altars and chalices, are exclusively reserved to bishops ("^). Collects of benediction, in which the prayers of a local church are compendiously summed up, are used by presbyters, such as the blessing of holy water, of nuptials (2'^), of eulogies, of a Church or person, the ordinary salutation given by the priest in the Eucharist (^o) or at other times (^^), as to a woman after child-birth on her reappearance in Church (^"2). Simple suffrages are used by all the faithful, either to one another, as in the Easter salutation and the kiss of peace (^^), or by each one to himself, as in signing with the sign of the cross (^^), or doing anything " in the name of Christ " (^^). (28). Innocent iir. in Decret. Lib. i." Tit. xv. c. 8, as interpreted by tlie Congregation of Rites, May 16, 1744, No. 4010; 5 and 6 in Craisson, § 4469- (29). Stat. Eccl. Ant. a.d. .'dOS, ap. Gratian i. Dist. xxiir. c. 33 ; Let the bride and bridegroom when they receive the nuptial blessing be offered by their attendants. (30). Concil. Brae. i. a.d. 563, Can. 3, aiming at abolishing the Gallican practice in favour of the Roman in Portugal, forbids bishops to give the triple benediction, whereas presbyters only use the form, The Lord be with you. (31). Concil. Epaon. a.d. 517, Can. 35, requires, all persons of quality, wherever they may be, to repair to the bishop on Easter Eve and Christmas Eve to receive a solemn blessing. (32). Theodori Poenit. i. xiv. 18 in Haddan and Stubbs iii. 189, forbids a woman to enter Church for forty days after child-birtli. Gregory ap. Gratian i. Dist. v. c. 2, and Innocent in. a.d. 1198, in Decret. Lib. in. Tit. XLVii. declare it to be lawful. English use, however, did not allow it, as appears from Const. 7 Mepham. a.d. 1328 ; Craisson, § 3317. (33). Tertullian de Orat. 18 : Such as are fasting withhold the kiss of peace, which is tlie seal of prayer. Apost. Const, viii. 11 : Let the deacon say. Salute one another with the holy kiss, and let the clergy salute the bishop. Decret. Lib. v. Tit. xxxix. c. 29 : Const. 6 Edmund, a.d. 1236 ; Lynd. 198, 338. (34). See The Sacrame^its, § 26, note 101. (35). Acts III. 6 : In the name of Jesus rise up and walk ; iv. 7 and 12 Ecclesiastical Sao^avients. 379 SUFFHAGES. 8. A suffrage is, properly speaking, a vote recorded for another at an election. By theologians it is used to describe a prayer which is offered, or an act which is done by one Christian on behalf of another i^^\ iu the hope that Clod will be pleased to accept it as the act of the other by reason of the solidarity of the common Body and the intimate connection which exists between all its parts (^^). For this effect to be 30; XVI. 18; 1 Cor. vi. 11. Tertullian Aijol. c. 23: All the fiutliority and power we have over demons is from naming the name of Clirist. Cyprian Ep. 73 (Oxf. 74), 5 : [Stephen and those with him] attribute the effect of baptism to the majesty of the name. Treatise on Rebaptism, a.d. 255, c. 8 : Invocation of the name of Jesus ought not to be thought futile by us, on account of the power of that nauie in which all kinds of power are accustomed to be exercised, and occasionally by those outside the Church ; c. 11 : Certain things are conceded to the very name only of the Lord. In Acta Perpetuae, a.d. 202, c. 3 : In the name of the Lord Jesus Christ the demon shall not hurt me. Amalarius de Eccl. Offic. i. c. 12 : The oil of the sick has no proper office, but only, In the name of the Lord. (36). In Gen. xviii. 32 God declares that for the sake of ten righteous He will not destroy the city. 2 Kings xix, 34 : I will protect this city for David My servant's sake. Jerem. v. 1 ; Job xlii. 9, 10, In 2 Cor. viir. 14, when St. Paul solicited alms on behalf of the Christians of Jeru- salem, he promised that in return their abundance [sc, in prayers and good works] should supply the Corinthians' want. Clem. Strom, vii. 13 : [The true Christian] exei'cises beneficence well, praying that he may get a share in the sins of his brethren in oi'der to confession and conversion on the part of his kindred, and eager to give a share to those dearest to him of his own good things. Rom. ix. 3 : I could wish myself accursed for my brethren's sake; c. 14: Matthew the apostle said that "if the neighbour of an elect man sin, the elect man has sinned ; for had he conducted himself as the Word prescribed, his neighbour would have so reverenced his life as not to sin. Cyprian Ep. 66 (Oxf. 68) says that " the Novatians have departed from the agreement of our body, holding that the comforts and aids of Divine love . . . are closed to the penitent. The Book of Evesham, p. 117, directs the brethren to say the Creed on behalf of the dying that the faith of the brethren may assist the departing by way of suffrage (ut fraterna fides suffragium conferat migraturo). (37). Gal. VI. 2 : Bear ye one another's burdens. Eph. iv. 12 ; 1 Cor. XII. 13, 21 ; Ambros. in Ps. cxix. 63, Op. ii. 563 : As we call each member 380 SJiort Manuals of Canon Law. possible two conditions are necessary : (1) both the giver and the receiver of a suffrage must be themselves at the time within the communion of saints ; (2) the object of the suffrage itself must be lawful. 9. Suffrages are of three kinds : (1) those made in the Eucharistic service, (2) those made by supplication at other times, and (3) those made by doing vicarious works of mercy. The most effectual act of spiritual aid which can be rendered to another consists in interceding for him in the Eucharistic service (^^). When the suffrages of many are united on behalf of some one person or object, the collective and unanimous prayer carries with it the Divine promise of being heard, so far as it is in accordance with the ascertained will of God (^^). Such united prayer, when coupled with an offering and made for the dead, is called a commendation (^'*). The combination of suffrages in the Eucharist for particular persons and objects is not, however, allowed, unless with the sanction of the Church (*^). Hence the commemoration of those who have died impenitent (^'^) or rebellious (*^), whilst offending against a partaker of the whole Body, so we are conjoined to all those who fear God, so that no one may say to another, You are not of my body. Iren. IV. 20, 12, says that in this way Hosea's wife of whoredom was sanctified by intercourse with the prophet, the Ethiopian bride by Moses as her husband, Rahab the harlot by the spies whom she took in. (38). Cyprian de Unit. Eccl. c. 12 ; The Lord said. If two of you shall agree on earth, ... it shall be given you, . . . showing that most is given not to the multitude but to the unanimity of them that pray. Ihid. c. 25 : These all continued with one mind in prayer, and therefore they prayed with effectual prayers. Acts iv. 32. (39). Rom. XV. 30 ; James v. 16. (40). Concil. Carthag. in. a.d. 397, Can. 36 ; Concil. Tolet. iv. a.d. 633, Can. 13 : Hymns are composed like private prayers (preces), collects (orationes), commendations, and benedictions (manus impositiones). (41). Codex. Eccl. Afr. Can. 103, directs no prefaces, conunendations, or benedictions to be used at the altar, except such as have been sanctioned in council. (42). Cyprian Ep. 65, a.d. 249, ap. Gratian i. Dist. lxxxviii. c. 14 : Since Victor, contrary to the rule lately made in council by the bishops (sacerdotes), has dared to appoint Geminius Faustinus, a presbyter, his executor, it is not allowed that any offering be made by you for his Ecclesiastical Sac7'aments. 381 the laws of the Church, is forbidden. The commeiuoration of a tolerated person is, however, permitted, but an ofl'eriny- may not be made for such an one (■*^) ; and neither a deceased nor a living catechumen may be commemorated in the offering of the faithful (■•••). With these exceptions, suffrages may be made in the Eucharistic service, and works of mercy done for all Christians, including infants (•**^) and lunatics, the dead as well as the living (•*"), and even those apparently not in a repose, nor any prayer be made in the Church in his name. Augustin Serm. 172 (al. 32) : For those who liave died without faith, which worketh through love, such offices are in vain rendered by their friends. Egbert's Excerpt. 154, a.d. 740 : Whatever clerk dies in war, intercession should not be made for him, either by an offering or by prayer. Concil. Chelsea A.D. 787, Can. 20 : If any man die without repentance and confession, prayers must not be made for him. (43). Theodori Poenit. i. v. 12, in H. & S. iii. 181 : If a presbyter celebrate mass, and another who reads out the names of the dead in- cludes those of heretics, let him do penance for a week. If any one has instituted a Mass for a dead heretic, ... let him do penance. (44). According to Liguori vr. 209, and vir. 164 ; Craisson, § 3474, however, relying on 1 Mac. xir. 11, and 1 Tim. ir. 1 and 2, would allow it in these cases, which seems to ignore the meaning of the offering. (45). Concil. Araus. a.d. 441, Can. 20 : Let catechumens as far as possible be separated from the blessing of the faithful, even in domestic prayers, and be exhorted to withdraw and receive a separate signing and blessing apart. Concil. Brae. I. a.d. 563, Can. 17 : Neither commemora- tion in the oblation, nor the office of singing is allowed for catechumens dying without baptism. (46). Theodori Poenit. ii. v. 77, a.d. 673, in H. & S. in. 194. (47). Stat. Eccl. Ant. a.d. 505, Can. 95 : They who refuse or only re- luctantly make offerings for the dead should be excomnumicated as slayers of the needy. Apost. Const, viii. 42 : Let alms be given to the poor out of his goods for a memorial of him. Gregory iii. to Boniface, a.d. 732, ap. Gratian Cans. xiii. Qu. ii. o, 20 : Holy Church holds that each one may offer oblations for his dead who are truly Christians, and that a presbyter may commemorate them ; and although we are all subject to sins, it is fitting that a presbyter should commemorate and intercede ibr all deceased Catholics ; but for the impious, even if they were Christians, this is not lawful. Floras, a.d. 870, de Celeb, iliss. : We can only pray for those who die in the faith, and whom we regard as members of Jesus Christ ; whose works require to be purified before they enter into the 382 Short Mamials of Canon Law. state of grace, such as suicides, provided they were previously persons of good life (*^), and penitents, provided they were observing the rules of penance (^^j. 10. Apart from the Eucharist, suffrages may be given either singly or unitedly to fellow-Christians, by saying the Lord's Prayer and the Psalter, or portions of it, on their behalf — the Lord's Prayer because the petition for forgiveness extends to all members of the Christian brotherhood {^^'), the Psalter because it is the intercessory utterance of the Son of God to the eternal Father for all the members of His Body (^^). Prayers may even be said and works of mercy done for those excommunicate, for catechumens and infidels (^"), and for the Jews who crucified Christ ; but the solemn offering of prayers for such is in the West confined to one day in the year, Good Friday (^^) ; and although ordinarily prayers everlasting habitation to which none are admitted unless they are piu^ified from every trace of sin. See Le Brun, i. 514. (48). Theodori Poenit. ii. x. 1, in H. & S. iii. 197, and ii. x. 4, Ihul. p. 198. (49). Stat. Eccl. Ant. a.d. 505, ap. Gratian Cans. xxvi. Qu. vii. c. 6 : Should penitents who carefully keep the rules of penance accidentally die on a journey, . . . their memory may be commended to God in oblations and prayers. (50). Cyprian de Orat. Dom. c. 8 : Each one does not ask that only his own debt should be forgiven him ; c. 17 : We so pray and ask by the admonition of Christ as to make our prayer for the salvation of all men. Codex. Eccl. Afric. Can. 115, 116 censures the view that the Lord's Prayer is used by the saints only by way of intercession for others. Concil. Tolet. IV. A.D. 633, Can. 10 ; Concil. Chelsea a.d. 816, Can. 10, directs ten belts of Lord's Prayers to be said for a deceased bishop. (51). Hence Richard Hampole, in Lynd. 184, says : The chanting of Psalms puts evil spirits to flight, brings angels to our assistance, takes away sins, appeases God, and leads to perfection. (52). Cyprian de Orat. Dom. c. 17 : We should ask, moreover, for those who are still on earth and have not yet begun to be heavenly, that even in resjaect of these God's will should be done. Theodori Poenit. ii. xiv. 2, in H. & S. III. 202 : He who fasts for a dead man heljjs himself ; whether he helps the dead is known only to God. (53). In Spain, according to Concil. Tolet. iv. a.d. 633, Can. 6, and Duchesne 425, this was called Indulgentia. The Western collects Ecclesiastical Sacraments. 383 may be said for heretics, yet they may not be said with them i^^). Indulgences. 11. Au indulgence, according to the historic meaning of the term, is a remission of part or discharge from the whole of the outstanding canonical penances which have been authoritatively imposed on an offender for the vindication of the Church's holiness before liis restoration to communion ('•''■'*). In this provided for this purpose are in Leofric's Missal, p. 95, 96. Before each collect the deacon said : Let us kneel ; but he omitted this invi- tation before the prayer for the Jews. Teaching of Addaeus, p. 31 : With the Jews, the crucifiers, we will have no fellowship. (54). Theodori Poenit. i. v. 4 1. c; iii. 181 : If any one prays with a heretic as with a Catholic, let him do penance for a week. Concil. Antioch. A.D. 341, Can. 2 ; Concil. Brae. ii. a.d. 572, Can. 84 ; Stat. Eccl. Ant. a.d. 505, Can. 72 : Cum haereticis neque orandum neque psallendum. (55). Ps. xciv. 12 ; 1 Cor. xi. 32 ; Heb. xii. 6 ; 1 John iii. 3 ; Rev. iii. 19. In 1 Cor. v. 3-5 St Paul decides {kUpiko) in the name of Christ, in a consistorial gathering of the Corinthians {(rwaxQiVTav v^av koL roi eixov TTvevfiaTos), at which he is present in spirit with the power of Christ, to deliver the incestuous Corinthian to Satan for the destruction of the flesh, that his spirit may be saved ; but the following year (2 Cor. ii. 6) declares that punishment has been sufficient to produce its effect (iKavbv ry roioi/ry i) iiriTifiia aGrrj), and ver. 10 remits the rest (v Kexapiffixai). Concil. Elib. a.d. 305, ap. Gratian Cans. xxxi. Qu. 1. c. 8 : A time of penance is appointed for those who contract a second marriage, but their conversation and faith may abbreviate it. Concil. Nic. a.d. 325 Can. 12 : The bishop may use some favour towards those who demonstrate their conversion in fear, and tears, and patience, and good works, so as after the determined time of lieing hearers, to let them partake of the prayers, and determine yet more favourably concerning them. Concil. Herd. a.d. 523, Can. 5 Ibid. 1 Dist. 1. c. 52 : Let it be within the bishoji's power to suspend only for a short time such as truly grieve, and to separate the remiss for a longer period. Theodori Poenit. r. in. 3 in Haddan and Stubbs in. 179, says that by making restitution, the time of penance after stealing may be abbreviated. I. IV. 1 Ibid. p. 180 says that after murder it may be reduced one-half by paying the were-geld. I. iv. 5 and i. xii. 5 : It is in the bishop's i)Ower to relax. 384 SJiort Manuals of Canon Laiu. respect it belongs to the outer forum, and resembles the re- mission of the wergeld, or satisfaction required by the civil community for any violation of its laws (^^), and consists either (1) in shortening the time of penance (^'■), or (2) in making the manner of it lighter (^^). Such indulgences were conceded in early days either upon general request to one who truly repented of his offence, and had given evidence of amend- ment (^^), or upon the particular request of a martyr or con- fessor called letters of relief {lihelli) (^^). 12. By a stretch of mercy indulgences soon came to be (56). Cyprian de Laps. c. 23 : Some are punished that others may be corrected. Tertulliande Judic. c. 2 : Why then do they grant indulgences under the name of repentance to crimes for which they furnish remedies ? Augustin ap. Gratian Cans, xsxiii. Qu. iii. Dist. L c. 85 : Let him do that [penance] which shall not only be of use to procure his own salvation, but shall also be of use to others by way of example. Alfred's Law, a.d. 877 : Then were many synods of holy bishops where they, out of that tender- ness which Christ taught towards the greatest crimes, decreed that secular lords might take pecuniary fines, with a reserve to the sin itself, except for treason. Concil. Ensham, a. d. 1009, Can. 32: As men are more potent ... so shall they make the deeper satisfaction and pay the dearer for their crimes. Alexander iii. in Decret Lib. v. Tit. xxxviii. c. 9. (57). Concil Elib. a.d. 305, quoted note 55. Leo Ihicl. Cans. xxvi. Qu. VII. c. 2 permits the term to be abridged so that the whole term be not remitted. It is otherwise with public crimes. Lynd. 331. (58). Both kinds are mentioned by Gregory ap. Gratian Cans. ii. Qu. I. c. 6 ; Devoti Inst. Lib. ii. Tit. ii. § 120. (59). As in the case of the incestuous Corinthian already referred to, note 56, and under Order, note 19. Tertullian de Pudic. c. 13 : It is usual for the greatest indulgences not to be granted without public proclama- tion. Augustin ap. Gratian i. Dist. \. c. 25. Anibros. Ibid. Cans, xxiii. Qu. IV. c. 33 : When indulgence is granted to one who is not deserving, does it not excite a large number to the contagion of relapse 1 (60). Tertullian ad Martyr, c. i. : Some, not able to find peace in the Church, have been used to seek it from the imprisoned martyrs. And so you ought to have it dwelling with you, and to cherish it, that you may be able, perhaps, to bestow it upon others. Euseb. vi. 42 mentions the indulgences of Dionysius after the Decian persecution. Cyprian Ep. 11, 21, 22, 23, complains that indulgences were systematically granted in North Africa. Ep. 16 gives a copy of one of the libelli, or tickets of relief granted by certain martyrs. Ecclcsiaslical Sacraments. 385 systematically granted C^'), and ultimately custom allowed (1) the severer bodily penances to be everywhere, and in all cases of private offences ('^-), commuted into almsgiv- ing {^'^^^ prayers, saying of Psalms (^■*), and pecuniary pay- (61). Tertulliande Pudic. c. 1, writing as a Monlanist, complains : I hear that an edict has been issued, and that a peremptory one. That bishop of bisliops [Zephyrinus] decrees : I forgive the sins of adultery and fornica- tion to those who have performed penances. Ihid. c. 22 ; Cyprian ap. (Tratian i. Dist. 1. c. 2G : Where can the medicine of indulgence profit if even the physician himself makes easy way for new dangers? Concil. Ancyr. a.d. 314, Ihid. c. 22 and 23, allows a bishop to grant an indulgence to a lapsed deacon. Leo Ihid. c. C7 ; Concil. Chalcedon a.d. 451, Can. 16, Ihid. Caus. XXVII. Qu. 1. c. 22, orders monks and nuns who marry to be excommunicated, but "we leave to the bishop of the place power of indulgence (^X^'" ^V a.\jQivr'ia.v r^y eV avroh (pLXavOpwirias) in such cases. Gratian Caus. ii. Qu. iii. c. 8 : An indulgence does not take away the infamy of the crime, but gives relaxation from punishment. Theodori Poenit. I. IV. 5, a.d. 673, in Haddan and Stubbs iii. 180 and i. xir. 5 Ibid. 187 says, "To indulge is in the bishop's discretion." Nicolaus, a.d. 864, ap. Gratian Caus. xxxiii. Qu. ii. c. 15 ; Concil. Tribur. a.d. 895, Ihid. Caus. XXVII. Qu. 1. c. 12 : Let the bishop of the place have power to indulge (largiri) the mercy of humanity. Henry's Crusade, a.d. 1188, Can. 3 ; Honorius iil. in Decret Lib. i. Tit. xi. c. 15, speaks of " deserving our indulgence" (gratiam nostram). (62). Isidor. a.d. 636, ap. Gratian Caus. xi. Qu. iii. c. 12, and Concil. Clovesho A.D. 747, Can. 26, forbad them altogether. Const. 19 Othobon. a.d. 1268, forbids tliem for any crime that is mortal or notorious. Const. 9 Stratford, a.d. 1342, after two relapses. Alexander iii. in Decret. Lib. V. Tit. XIX. c. 4 : Since both Testaments abhor usury, we cannot grant an indulgence in this case. (63). Although alms are enjoined by Ambros. ap. Gratian Caus. xxxiii. Qu. III. Dist. 1. c. 76, 49, yet the substitution of them is forbidden by Concil. Clovesho A.D. 747, Can. 26 : Alms are necessary to be done daily, that so past sins may be sooner and more fully forgiven by God. . . . Let no alms be given for the making an abatement or commutation of the satisfactory fastings and other expiatory works enjoined to a man by a priest of God according to the Canon Law. Edgai^s Law 49, a.d. 960 : That all fasts be made meritorious by alms. Lynd. 333 discusses the value of good works to a man labouring under mortal sin. (64). A year's penance was kept by observing the three fasting periods of forty days each, and Wednesday and Friday in each week. See Theodori Poenit. i. viii. 11. in Iladdan and Stubbs iii. 184, and ii. xiv. i. Ibid. p. 202. Instead of these one hundred and twentv davs of fasting in 2 c 386 Short JMamiah of Canon Laiv. ments C^^), and (2) in nearly all cases of private sins permitted restoration to communion when only the smallest part of the reduced penance had been gone through. Whilst the Church thus relaxed the mortifications required from offenders, it did not conceal from them the fact that there still remained to be undergone the remedial mortifications required by divine justice to purify the soul from the taint of forgiven sin, and it is in regard to relief from these mortifications in the inner forum that the term indulgence is henceforth spoken of (^''). three periods, twelve periods of three days each were allowed to be sub- stituted, provided each period of three days (triduum) was devoted to the recital o'f p^^alms and prayers. This was called a triduanum. Tlieodori Poenit. I. vr. 5, Ihid. 183 : Theodore approved of twelve triduana doing duty for a year [of penance] ; likewise of those [slaves] set free (de egressis al aegj'is) [he held] the value of a man or a maid to be equivalent to a year [of penance]. Baedae Poenit. x. 4, a.d. 730, Ihid,. 333. De duodecim, triduanis says that 100 psalms with a prostration (venia) by night, and 300 Lord's Prayers (palmatae, i.e., counted on the fingers) discharge a triduum of penance. Dunstan, Can. 72, a.d. 963 : One day's fasting may be redeemed with a jienny [equivalent to at least 2s. 6d. of present money, since the tithe of a colt was a penny] or with 200 psalms. A year's fasting may be redeemed with 30s. [equivalent to £45],- or with freeing a slave that is worth that money. A man for one day's fasting may sing Baati [the 119th Psalm] six times, and six times the Lord's Prayer [a palmata]. And for one day's fasting let a man prostrate himself on the ground [venia] with the Lord's Prayer sixty times. And a man may redeem one day's fasting if he will prostrate himself on all his limbs to God [venia] in prayer, and with sincere grief and sound faith sing fifteen times Miserere [the 51st Psalm], and thus his penance for the whole day is forgiven him. (65). Alfred's Laws, a.d. 877, and Dunstan's Canons, a.d. 963, already quoted. Const. 19 Othobon, a.d. 1268, forbids the money thus received to be applied by a spiritual judge to his own purposes. Such payments as voluntary commutations for corporal penances are allowed by 13 Ed. i. St. IV. c. 1, a.d. 1285, and 9 Ed. ii. St. 1. c. 2, a.d. 1315 ; Const. 12 Strat- ford, a.d. 1343, directs them to be applied to the fabric of the church. Lynd. 261. (66). Pseudo-Augustin ap. Gratian i. Dist. xxv. c. 5 : He who puts off to another world the fruit of conversion must needs first be purged by the fire of cleansing, which, although not eternal, is yet severe. Concil. Clovesho A.D. 747, Can. 27 : A man should punish sin at present in pro- i.pqrtion to its guilt, if he desire not to be punished hereafter by the eternal Jicc/i'siash'iai Sao-amnifs. o87 lo. In this sonso indulgences are not licnitl of before the ninth century (*^'). They then become prominent in connec- tion with the fuller realisation of the doctrine of the com- nninion of saints, which was chiefly due to the influence of the monastic orders (''^'*). As henceforth understood, an indulgence Jih1l;i'. . . . If men Jin 'inise, or believe, or act otherwise, they do not lessen sins, luit add sins to ^in, . . . because tliey dare set God's justice to sale. If divine justice can be appeased by others, why is it said by the voice of truth that it is easier for a camel to go through the eye of a needle than for a rich man to enter the kin-dom of heaven, when he can with l)ribes ])urch:ise the innumerable fastings of others for his own crimes? . . . Let no man deceive hiinself. God deceives none when He says by the apostk>. We shall all stand before the judgment-seat of Christ." This appears to condenni by anticipation the lightening of penance allowed to rich men by Can. 75 and 76 of Dunstan, a.d. 9()3. In the INIartyrdom of Hal)ib (Ante-Nicene Lib. xx.), 102, the martyr prays. May this fire in which I am to be burned serve me for a recompense before Thee, so that 1 may be delivered from that tire which is not quenched. Acta Justin. c. 3 : It was our wish to endure tortures . . . and so to be saved, because tliis [enduring tortures] shall become to us salvation and confidence at the more faithful judgment-seat of Christ. (07). Berinu'cr Les Indulgences, p. 33. (68). The charitable intercommimion and particii^ation of prayers, good •works, and penances was at first confined to societies between which existed fraiernitas or consortium, called also conventin,foedus, pactio caritatis, and in the eleventh century parlicipalio and hemficium. As early as 734 Baeda begs of the brethren of Lisdisfarne that he may hacome familiaris Tester . . . that my name may be also placed in the book of life of your con- gregation. Boniface, a.d. 718, entered into a league of prayer with Berht- vald. Archbishop of Canterbury, and his clergy, which was renewed, a.d. 732, with Tatwine (Haddan and Stubbs iii. 313). Aelfwald, King of the Hast Angles, also made brotherhood with him, a.d. 747 (Ebner's Die Klosterlieben Gebets-verbriiderungen, Eegensburg, 1890). King Aired of Northumberland and his consort did the same with Lullus of Mainz, A.D. 773. Lullus entered into brotherhood with Canterbury, a.d. 754, and again, A.D. 761 ; with Worcester and W^inchester, a.d. 754 ; with York, a.d. 773 ; and with Wearmouth, Jarrow, and Ripon. Wunibald joined in brotherhood with Monte Cassino, a.d. 761. Alcnin was admitted to l)rotherhood by the Synod of Frankfort, a.d. 794. At St. Gall the Liber confraternitatum shows the enrolment of the members of the monastic liouse of Reichenau in 800. That of Reichenau was begun in 826, and by tlie middle of the ninth century contained the names of more than a 388 Short Manuals of Canon Law. is not a remission of guilt or eternal punishment, nor yet of such canonical penalties as are imposed in the court of penance ex miscricordia rather than ex dehito, but a relief from some part of the divine visitation which would ordinarily be required as a remedy to efface the stain of forgiven sin. Hence an indulgence (1) can only be of avail to one who is already in a state of grace — i.e., to one to whom the guilt of sin and its eternal punishment have been already remitted by God's mercy (^^). (2) Being an exercise of the power of binding and loosing upon earth which Christ has promised to ratify in heaven, it can only be granted by one who has authority from the Church to grant it — i.e., by a lawful superior (''''). (3) The granting it is an act of jurisdiction, not the administration of a sacrament C^). And (4) it derives its effect from the solidarity of the Church, and the interchange of good offices between the Head and the members and between the members themselves, or as it is popularly expressed, from the mystic treasury ("^). hundred confederated abbeys, catliedrals, or collegiate chapters, and 40,000 members. See the Month, July 1892, p. 355. Gradually out of these isolated groups the Catholic confraternity or communion of all saints was realised, over which the Pope alone was allowed to have full jurisdiction. (69). Perrone Praelect. 213 defines an indulgence as a remission of the temporal penalty after the forgiveness of guilt and eternal punishment, valid before God in the inner tribunal made by the application of the treasury by a lawful superior. Beringer, p. 2, as "the total or partial remission of temporal pains due to sins already jjardoned as to their guilt and eternal punishment, granted by the Church otherwise than in the tribunal of penance, by the application of the superabundant merits of Christ and the saints." (70). Cyprian Ep. 29 (Oxf. 36), 2 : If the martyrs thought that peare was to T)e granted to them, why did they refer them to the bishops ? Alexander iii. to Archbishop of Canterbury in Decret. Lib. v. Tit. xxxviii. c. 4, says that indulgences (remissiones) which are granted at Church dedications, or to those who contribute to build bridges, or granted by those without jurisdiction, do not profit the recipients, unless they are sanctioned by their own prelates. Concil. Lat. iv. Can. 62, a.d. 1215, Ibid. c. 14. (71). Lynd. 336, says that a bishop elect and confirmed can therefore grant them. (72). Decret. Lib. v. Tit. xxxviii. c. 15 ; Const. 9 Peckham, a.d. 1279 : Ecclcsiashcai Sixcranioits. 389 14. By the mystic treasury is understootl that happy con- sequence of the fellowship of saints in the communion of one body, whereby the purifying sufferings of each member avail for the purification of others, so that the lack of one is made up for by the superabundance of another, and all are puriGed by the transcendeutly meritorious sufferings of Christ. It l)resupposes (1) that the Church is an organic whole, within which the sufferings of Christ are a perpetual source of holy influences, eradicating the remains of sin and stimulating to holiness those who are His members ; (2) that these holy in- lluences can be brought to bear upon individuals by those whose sufferings supplement Christ's (''^), or as it is expressed, J.et those who are commissioned to dispense the mystic treasury beware . . . lest they who ought to be subject to the Keys do bring them into contempt. Clement vi. in Entrav. Com. Lib. v. Tit. i.\. c. 2 ; Lynd. 23, 330. (73). Math. XXV. 34, 35 ; Cal. vi. 2 ; 1 Cor. in. 8 ; xn. 13, 25, 26 ; Coloss. I. 24 : I rejoice in my sufferings on your behalf, and fill up the outstanding remains {vaTepritiaTa) in the sufferings of Christ in my flesh on behalf of His Body. Rom. v. 20 and xil. 5 ; Eph. iv. 3-6 ; Cyprian Ep. 29 (Oxf. 36), speaks of " the indulgence and privilege of the association" {i.e., the benefit of being discharged from penance through association with the Church). Id. De Laps. 17 : We believe that the merits of martyrs and the works of the righteous are of great avail with tlie Judge, but that will be seen when the day of judgment .shall come. Ibid. c. 3 i : God can mercifully grant indulgence to him who truly repents. ... He can set down to his account whatever the martyrs have asked, and the bishops have done for such persons. Ambros. a.d. 384, de Poenit. 1. c. 15 (iv. 534) : The whole Church takes upon itself the burden of the sinner, who nnist be sympathised Avith with weeping, and prayer, and affliction, and as it were sprinkles itself with his [impure] leaven, that in one who does penance, whatever is superfluous may be ])urged away by the help of the collective members by a certain admixture of manly mercy, as it were productive of fellow-suffering. Augustin in Ps. LXi. 4 (iv. 731 Migne) : You suffer so much as by your sufferings must ])e contributed to the collective sufferings of Christ, Who suffered for us as our flesh, and suffers in His members, i.e., in ourselves ; for we each of us pay what we owe to this our commonwealth, and to the best of our j)0wer contribute thereto our measure of suffering, but the full equal sharing (pariatoria plenaria) of all sufferings will not be till the end of tlie worhl. Pseudo-Augiistin ap. Gratian Cans, xxxiii. Qu. iii. Dist. \ i. 390 Shoj't I\Ianuals of Canon Law. Iby the satisfactions of the saints ; and (3) that this benefit can with certainty be communicated to living members of the Church, provided they obediently carry out the injunctions laid upon them, and can possibly be imparted to the dead by way of suffrage, but not with certainty (^'^). 15. It follows that for an indulgence to be effective five things are necessary, two on the part of those who grant or declare it, and three on the part of those to be benefited thereby. On the part of those who grant it, it is necessary (1) that they have authority to act for the Church ; and (2) a good cause for acting or granting it. On the part of the recipient, (1) that he has true repentance, and is already in a state of grace (''') ; (2) that he has faith in the power of the keys, which involves virtual if not actual intention to obtain the indulgence ; and (3) that he has obedience, which involves a strict fulfilment of the required conditions. 16. The power of granting indulgences, being an exercise of the power of the keys, belongs properly to the whole Church, and was formerly exercised by individual bishops with the tacit consent of the rest. Owing to the grave abuses which grew up in the early mediaeval period, the bishop's power of granting indulgences was, by the Fourth Lateran Council, limited to a period of forty days (^^), or one-third of a c. 1 § 1 : We must believe that all the alms of the whole Church, ami prayers, and works of justice and mercy succour one who recognises to liis conversion liis own [spiritual] death. Unless the unity of the Church succours him, unless it completes by its operation what is wanting to the sinnef-, the soul of one [spiritually] dead will not be rescued from the hand of the enemy. Alexander of Hales, Part iv. Qu. 23, Ait. 2 and 3 ; Beringer, p. 21. (74). Theodori Poenit. ii. xiv. 2 in H. and S. iii. 202 : He who fasts for a dead man helps himself. Whether he helps the dead is known only to God. (75). Lynd. 2.31 : So long as the guilt remains, the penalty cannot be remitted. (76). Concil. Lat. a.d. 1215, in Decret. Lib. v. Tit. xxxviir. c. 14 : When a Church is dedicated let not an indulgence extend beyond one year, whether it be dedicated by one or many bishops, and on the anniversary of the dedication let not the remission of enjoined penances exceed forty Eci'lcsias^iial Sac)-auicn/s. 391 year(""), except thai . Const. 9 Peckhain, a.d. 1279 : It is wliolesoniely ordained that prelates in granting indulgences do not exceed forty days. Boniface viii. in Sext. Lib. v. Tit. x. c. 3 ; Const. Islep, a.d. 1359 : By these presents we grant forty days' indulgence to all Christians in our province who shall pray in tlie manner aforesaid. Const. Bourcliier a.d. 1454 ; Const. 7 Kevil, A.D. 1466. (77). Theodori Boenit. I. ir. 1 and 8 in H. and S. iil. 178 ; i. viii. 10 and 11, Ibid. p. 184. (78). Dunstan, Can. 68, a.d. 963 : Let him that hath riches rear cluu-ches lo the praise of God, and endow them, and give them lands, and let in- ferior priests [i.e., priests not attached to a collegiate church] be brought thither to officiate, . . . and let him repair the public roads with bridges over deep waters and foul ways. Alexander iii., quoted above, note 71. (79). Cyprian de Laps. c. 18 : If any one thinks by an over hurried ha.sfe to give remission of the 2ienalties of sin to all, or dares to rescind the Lord's precepts [which require penance], not only does he in no respect benefit the lapsed, but he does theni harm. . . . The martyrs order some- thing to be done, but only if this thing be just and lawful, c. 20 : Martyrs cannot be the autliority for the bishops doing anything against God's coninianil, who themselves have done God's command. Liguori Lib. vi. n. 532, on Clement vi. in Entrav. Com. Lib. v. Ep. rx. c. 2. 392 Short ]\Iaimals of Canon Law. living, others conceded by way of suffrage for the dead (^^). (4) Some are plenary, others partial. Plenary indulgences were unknown before the eleventh century ; in the thirteenth they were extremely rare(^^); and although they may be a logical corollary from the communion of saints, their validity is still regarded with suspicion by many. (80). Lynd. 237 observes that the Cliurcli's mystic treasury cannot he applied to the dead, because no indulgence avails unless good cause is shown. Pius vi. in the Bull Auctorem fidei, a.d. 1790, decreed that it might avail per modum suffragii. See Craisson, § 4503 and 4572, who defines an indulgence for the dead as a ransom offered admittedly sufficient, but the application of which in this or that degree to this or that person is not covenanted, though confidently expected in answer to the Church's prayer. (81). The first plenary indulgence known to have been granted was that granted by Urban II. in Concil. Clement, Can. 3, a.d. 1095, in favour of Crusaders. Devoti Lib. II. Tit. III. § 4 ; Beiinger, p. 45. INDEX. 77i('.<; Index does not pretend to contain an exhaustive list of the authorities quoted in the notex, to most cf which only one reference is given to fix their date. A n.soLUTiox, 171 ; called remission, 155; ancient form of precatory, 147 note 63 ; the bishop's ofiBce to declare, 145; committed to presbyters, 144 ; excepted cases, 145, 147 ; declara- tory, ordered in thirteenth century, 153; reason for, 169 note 162; a judicial sentence, 171 Acolyte. See Collet Acta Perpetuae, A.n. 202, 379 note 35 Action or consecration, 108 Addaeus or Thaddaeus, the Apostle, 188 note 42 Admission to lower orders, 198 Adulter}', an impediment to marriage, 362 ; Eastern view that it dissolves wedlock, 364, 365 ; and Galilean, 343 note 74, 367 note 205 Affinity, an impediment to marriage, 3:9 ; direct, 361 ; indirect, 361 ; re- mote, 3ol ; spiritual, 361 ; legal, 362 Affusion, baptism by, 27 Africa, chrism consecrated by pres- byters in, 56 ; rule as to marriage of clergy, 273 ; interrogatories ad- dre.«sed to bishops in, 297 Agape included in Lord's Supper, 81, 374 Agde, Council of, A.D. 506, 19 note 87 Agenda, a name for the Eucharist, 81 note 11 Agnus Dei, the singing of, 109 Aix, Council of, A.D. 789, 167 note 155; A.D. 806, 183 note 20 aKo\oveia, 207 note 132 aKbXovOoL, or collets, 307, 311 note 258 Alb, a baptismal garment, 32; worn by all the faithful as a Eucharistic garment, 104 ; given to a deacon at ordination, 203 ; regularly worn by deacons, 96 ; and by presbyters, 104 Albano, Bishop of, 202 Albert the Great, a Dominican, Bishop of Ratisbon, died 1280 A.D., 151 note 81 Album, 132. See Diptychs Alciiin of York, A.D. 735-804, 202 note 125; pseudo-Alcuin = Albinus Flac- cus, 304 note 226 Alexander I., Pope, a.d. 108-117, introducer of holy water, 373 II., Pope, A.D. 1061-1073, note 107 III., Pope, A.D. 1159-1181, note 23 Alexandria, consecration of the chrism at, 55 ; use of, in giving communion, 130 ; privilege in ordaining enjoyed by Bishop of, 207, 218 Aliturgical services, or services with- out the Eucharist, 114 note 198 Allatius, Leo, a.d. 1586-1669, Vatican librarian, 162 note 136 Alleluia may not be said by a layman, 315 note 279 Almsgiving required, 74, 372 Altar, to be hallowed, 97 ; consi-sting of two parts, 97 ; called the throne, 98 ; not to be made of base but of the 143 394 Index. costly material, 98 ; why of stone, 98 ; not to be used twice tlie same day, 98 ; sacrament of, 80 Altars, Christians are, G3 ; widows, 73 Altar-cloth, 99 Altar-linen, 99 Altar- vessels, 100 Amalarius, a presbyter of Metz in the ninth century, 105 note 149 Ambrose, Bishop of Milan, A.D. 374- 397, 25 note 16, et passim Ambrosiaster, 367 note 200 Amice, or headcloth, 32 note 46, 104 note 144 Anagolagium or amice, 262 note 33 dvapprjai-s, 233 note 249 Anastasius ii., Pope, A.D. 496-498, 13 note 59 dvaaptisui, the sacrament of entrance, 23 ; names of, 23 note 2 ; two parts in, 24, 50 note 146, 51 note 155, 62 note 213, 63 note 214 ; of water, 24 ; of the Spirit, 28, 29 note 35, 47 ; of blood, 27 ; of desire, 27 ; matter of, 24 ; hallowed water, 26 ; by immer- sion, 27 ; by afifusion, 27 ; by asper- sion, 27 ; form of, 24 ; subjects of, 39 ; miwilling subjects, 61 ; of in- fants, 61 ; minister of, 41 ; inten- tion in, 25 ; proper season for, 44 ; clinical, 45, 237 ; place of, 45 ; im- perfect, 47 ; irregular, 47 ; invalid, 49 ; solemn, 44 ; public, 42 ; private, 47 ; bishop's part in, 29 note 35, 28 note 32, 30 note 40, 42 note 103, 52 ; conditional, 49 ; iteration of, a disqualification for orders, 49 ; presumed in certain cases, 50 ; ef- fects of, 23, 29, 63 ; in\presses a character, 60 Baptismal Church, 46 ; ten constituted by Marcellus at Rome, 306 note 23.^1 Baptistry, 46 ; place for reservation, 135 Barcelona, Council of, A.n. 540, 258 note 21 ; Second, A.n. 599, 225 note 198 Baronius.Cardinal Capsar,an Oratorian, author of AiuwJrx Evrlcslastici, died 1607, 121" note 2S9 Ba>il, Bishop of C.-csarea, A.n. 370-379, 113 note 197 Bell rung at elevation. 109 Bellarmine, a Jesuit librarian of the Vatican, A.n. 1542-1621, 185 note 31 Bencdkile, 317 note 290 Benedict xiv., Pope, A.n. 1740-1753, 173 note 178 Benediction, and prayer, 19 note 87, 21, 148 note 61, 371, 372, 377 note 26 ; of order, 132, 197, 212 ; not to be given by a presbyter, 211 note 151 ; three kinds of, 376 ; canons of, 193, 376 ; collects of, 377 ; suffrages of, 377 ; a name for confirmation, 51 ; of penitents, 147 note 61, 148; triple, the bishop's prerogative, 293 Benediction-bread, 81, 372, 374 Beneventum, Council of, A.n. 1091, 188 note 42 Bernald of Constance, A.n. 1088, 283 note 136 ^-npoi, 261 note 32 Betrothal, 331 ; formerly made by oath, 333, 335 note 33 ; requires an engagement gift, 334, and consent of parents, 334 ; effect of, 335 ; in what cases dissolvable, 336 Bigamy, three senses of, 242 ; spiritual, 348 note 97 Birrhae, 261 note 32 Bishop, 289 ; a high-prie.st, 73 ; vicar of Christ, 73 ; consecration of, at Kome, 201 ; in the Gallican Churcli, 203 ; of Bishop of Rome, 202 ; in the East, 202 ; in Middle Ages, 204 ; in fifteenth century, 205 ; re- quires three bishops, 218, as wit- nesses or assistants, 219 note 176 ; subjects of, 219 ; his part in baptisin, 42, 50 ; name common at first to all presbyters, 180, 187, 214 note 161, 283 note 136, 285 ; confined to re- presentative presbyters, 287 ; duties of, 239, 291 ; to uphold unity, 290 ; special duties of, 293; has tiie Church for heir, 256 ; tjualifications for, 295 ; dignity and office may be resigned, 298. See Epi.icnpale Bishoping, 51. See Conjirmation 396 Index. Blickling Homilies, a.d. 971, Nos. 58, 63, and 73 of Early English Text .Society's publications, 160 note 126 Blood-guiltiness a disqualification for orders, 239 Bona, Cardinal John, a Cistercian and profound liturgiologist, died 1674, 90 note 58 Bunaventura, a Minorite, A.D. 1221- 1274, author of "Commentaries on the Ma.eter of the Sentences," 12 note 55 Boniface, Archbishop of Mainz, A.D. 723-755, 131 note 297 Boniface, Archbishop of Canterbury, A.D. 1245-1273, 138 note 4 I., Pope A.D. 418-422 II., Pope, A.D. 530-532, 61 note 207 VIII., Pope, A.D. 1294-1303, 118 note 229 Bouchier, Thomas, Archbishop of Can- terbury, A.D. 1454-1486, constitu- tions of, A.D. 1463, 146 note 51 Bowing, 74 Braga, Council of, a.d. 563, 103 note 138 ; Second, a.d. 572, 36 note 66 ; Third, A.D. 675, 80 note 7 Bread, a sacramental sign, 18; Eucha- ristic, 82, 83, 84 ; baking of, 84 ; preparation of, 86, 91 Briefs, the Pope's secretary of, 354 note 128 British Church, baptism in, 27 Burgo, John de. Rector of Collinghani, circa a.d. 1385, 340 note 61 C^SAKius,Bishopof Aries, 503-542 a. D., 33 note 51 Caietan, Cardinal Thomas, circa A.D. 1510, author of "Commentaries on the Summa of St. Thomas," 26 note 16 C!alvin's view of the sacraments, 5 note 22 Campagi, 264 note 50 ; forbidden to all but Roman deacons, 306 note 237 Candles, lighted at Eucharist, 102 Canon, or ccmsecration prayer, 108, 1 09 ; of benediction, 201 (consecratio), 203 (benedictio), 377 ; in ordaining, 198 (see Ordination) ; confined to bishops and presbyters, 378 ; most solemn, given with chrismatim, 378 Canonical hour, 112 Canonical office, 115, 119 Cantilupe. See Worcester Cape, 106 ; if worn by a deacon to be thrown back at the Gospel reading, 96 Capsa, 135 note 324 Carthage, orders in Church of, 194 ; First Council of, a.d. 347, 19 note 138a ; Second, a.d. 390, 55 note 172 ; Third, a.d. 397, 34 note 55 ; Fourth, see "Statutes of Ancient Church ;" Fifth, A.D. 401, 20 note 95 ; another, A.D. 418, 38 note 80 Cases reserved, 145 Cassian, John, a Scythian by birth, or- dained by Innocent i., the founder of two monasteries at Marseilles, circa 434 A.D., 112 note 185, 215 note 163 Cassock, 261 note 32 Casuistry, a branch of canon law, 144 note 26 Casula, 261 note 32 Catechism required before baptism, 34 ; to be gone through after private bap- tism, 47 Catechumenate, preparation for bap- tism, 33 ; two stages of, 34 ; a lesser baptism, 33 ; completion of, 36 Catechumens, probationer, 34 ; ap- proved, 34 ; Christians forbidden to pray with, 66 ; service of, 111 Cavalieri, 375 note 19 Celebrations, nuptial, 119; funeral, 119 Cemeteries, 98 note 100 Ceroferarii, a name for collets, 313 Chalice, anciently of glass, 100 ; mate- rials allowed for, 101 ; varieties of, 100 note 123 ; ministerially conse- crated by the deacon, 93 ; and by deacons given to the people, 127 ; but not to presbyters, 128 ; used in or- daining, 199 Index. 397 Cbal(,iis, Council ..f, A.n. 619. ir.2 note 86; Second, A.n. 813, 76 note '285 Cliaracter impressed by sacraments, 15 ; defined, 16, 230 note 23.'); in baptism, 60; in confirmation, 58 ; in order, 185, 230 Chantry priests (martyrarii), 293 note 176 Xdpi(T.an, 181 note 17, 182 note 20 Charity, a means of grafting into the Chinch, 43 note 110, f.g ; forgiven- ness of sins by, 138 note 6, 159 Ch.-xsuble, 107, 261 note 32 ; in ordain- ing. 20(i X(i-poBiTdv, 232 note 243, 235 note 254, 214 note 159 XftpoTove'ii', 213 note 157, 214 note 159 Clierubic hynm, 317 note 290 Chichele, Henry, Archbishop of Canter- bury, A.n. 1414-1443, constitutions of, 1430, 146 note 45 Chrism, a sacramental sign, 18 ; in baptism, 30 ; new, to be always used, 26 ; conveys the Spirit by the effect of united prayer, 31, 54 ; hallowing of, 31 ; at Alexandria, 55 ; in the Galilean Church, 55 ; in the Roman, 55 ; bishop's prerogative, 55, 293 ; anointing with, may be done by a priest, 30, 56 ; to be fetched by rural priests, 57 ; to be supplied grat^iitously by the bishop, 56 ; to be kept under lock and key, 57 ; used in ordination in Gallican Church, 203, 205 Chrismal, 135 note 324 Chrismation, 51, 53 f Christians are Christ-bearers, 65 ; three- fold obligations of, 66 ; name given at baptism, 28 ; at confirmation, 52 Christmas Eucharist, 113, 114 Chrysanthus, a Xovatian bishop, 374 note 17 Chrysostom, John, Bishop of Constanti- nople, A.D. 397-401, 109 note 177 Church, the home of the Spirit, 181 ; wheat and tares in, 62 Churching of women, 375 note 22, 378 Ciborium, 1C5 Clement, Bisliop of Rome, a.d. 01-100, 178 note 2, 286 III.. Tope, A.n. IISS 11!)1, 147 note 72 — VI., Tope, A.D. 1312-1352, 389 I note 73 Clement of Alexandria, a.d. 160-215. j 160 note 126 I Clermont, Council of, A.n. 1096, 128 j note 280 ! Clergy, 179, 190 note 49, 195 note 75 ; j duties of, 257 scq. ; marriage of, 271, I 357 note 151 Clinical baptism, 45 ; a disqualifica- tion for orders, 45 note 139, '237 note 258 Close-cope, 263 Co-consecrators, assistant-bishops, 219 note 176 Coelesline, Pope, A.n. 422-432, 106 note 151 Collect, 107 ; of benediction, 377 CoUecta, 115 ; a name for the Eucha- rist, 81 note 11 CoUectio, 21 note 98 ; 377 note 26 Collegiate action, Roman rule as to, 253 Collet, Peter, the continuator of Tournely, French writer on moral theology, 371 note 3 Collets, 193, 311 ; share the deacon's ministry, 189, 193, 307, 312; not known in the East, 195 ; nor in Ireland, 185 note 29, 195; allowed to handle sacred ve.s.sels, 103, 189 note 45 ; numerous in Roman Church, 312 ; three classes of, 312 ; duties of. in Cisalpine Church, 312 ; called candle-bearers, 313; better known as parish-clerks, 313 ; ordination of, in Roman Church, 198 ; in Gallican, 200 ; called consecration, 313 Colobion, 104 note 144, 263 note 41 Colobus, 106, 262 note 33 Commemoration in the Eucharist, 80, SI Commendation of the dead, 96 Commendatory letters, 126, 220 note 180; necessary to obtain the privi- leges of order, 257 39! Ijidex. Commixture in tlie Eucliari.st, 134 Communion, name for the Eucharist, 80, 119 ; manner of giving, 127, 130 ; a sop forbidden, 128 ; of children, 128 ; origin of, in one kind, 131 ; not to be given to the dead, 132 ; by intinction, 133 Communion of Saints, admission to, the result of perfect baptism, 60, 43 note 110, 387, 389 Communicating, duty of, ft6, 121 ; un- less under disability, 122; by the priest, 96 ; deacon and subdeacon, 97 ; standing, 122 ; conditions neces- sary for, 123, 125 ; dress for, 121 ; punishment for neglect of, 122, 123 ; three times a year, 72, 123 ; on Maundy Thursday, 124 ; monthly, 125 ; disqualifications for, 125 Commutation of penances when allowed, 385 Competentes, 34 Compiegne, Council of, a.d. 757, 343 note 73 Compunction, 159 Con-celebration, 93, 95, 172, 201 note 100, 216 Conditional, repetition of a sacrament, 16 note 76, 17 ; baptism, 39 note 83, 49 ; ordination, 231 note 241 Confession, 158 ; before communion, 127 ; to a priest, 150 ; to a deacon, 151 ; to a layman, 151 ; to God only, 151, 159 ; how to be received, 151 ; seal of, 151 ; necessary iu obedience to a precept, 160 ; required from aU, 161 ; to be full, 162 ; cir- cumstantial, 163 ; confined to own sins, 163 ; made sitting, 162 ; stand- ing, 162; kneeling, 162; order to be followed in, 163 ; interpretative, 164; ancient form of, 163 note 141 ; neglected by Armenians, 172 note 175 ; public, 372 C4 Halmatic, 107, 106; given to the Gospel deacon at ordination, 207 l>aniascu.s, John of, circa 730 A.D., 325 note 346 I\imasns, Bi.shop of Rome, a.d. 366- 384, 283 note 136 Datary, the Papal, 354 note 128 Deaconesses, an order of service, 319 ; have no share in the spiritual gift of the diaconate, 319; their duties, 319; qualifications, 319; not or- dained in the West, 320 ; a deacons wife called, 320 Deacons, 299; institution of, 190; their duties, 303 ; in baptizing, 42, 304 ; in preparing the eulogies, 93, 299, 300; their share in hallowing the cup, 93, 130 ; in conducting the fraction, 94 ; have charge of the ceremonial, 73, 116, 306; and give the cup to the people, 127, 191 ; ordination of, in Roman Church, 201 ; in Gallicau, 202 ; in Eastern, 202 ; in Middle Ages, 204 ; in early British Church, 204 ; in fifteenth century, 207 ; called Levites, 303 ; local evangelists, 303 ; have charge at Rome over city wards, 305 ; num- ber limited to seven, 30."i ; importance of, 306 Dead, ofiferings for, 132 Dedication of Churches, 293 Defect of reputation a bar to orders, 241 ; irregularity caused by, 248 Degrees forbidden for marriage, 357 ; term used in two senses, 357 ; direct, 357 ; collateral, 357 ; origin of, 358 ; of affinity, 359 Destructive impediments. 336, 352 Diaconate, a sacramental order, 185, 299 ; origin of, 299 ; a hierarchical order, 299 ; temporal duties of, 299 ; duties of, in worship, 300 Ai5ax^, an early Ebionite work, circa 98 A.D., 25 note 12 Dies Uitctio7iis, 55 Dignity, an accession of authority in order, 180 Diinissory letters, 220 note ISO Diptychs, 132 Dionysius, Bishop of Alexandria, a.u. 249-265, 48 note 137 the Areopagite, treatise of, circa 500, 103 note 135 Direct, indirect, and remote institution of sacraments, 2 ; communication of prayers of the Church, 31 ; connec- tion an impediment to matrimon}', 357 ; mode of giving imposition of hands, 198, 199; of giving absolu- tion, 176 Discipline of reconciliation, 139 Dispensation, from disqualification, 24 6; who may give, 246 ; from a vow requires a good cause, 337 ; for irarriages without banns, 353 ; for marriage within the forbidden de- grees, 353 note 128 Disqualifications for orders, bodily, 237-244, 248, 358 note 157 ; iteration of baptism, 49, 249 ; want of baptism, 49 note 139, 236; difference between, 246 400 Index. Divine call, 233. 235 Divorce, 3C3 ; two kinds of, 364 ; in what sense ordinarily used, 367 ; when not allowed, 369 ; questions connected with, reserved to superior ordinaries, 370 Dominicum, a name for the Eucharist, 81 notes 11 and 13 Door- wardens, 193 ; their duties, 318 ; office to those without, 196 ; ordina- tion of, in Roman Church, 198; in Gallican Church, 199 ; become the first step in the presbyterate, 318 Doves, golden, used as Eucharistials, 134 Dress of clergy distinct from that of laymen, 261 Duns Scotus, John, a Franciscan, the Subtle Doctor, a.d. 1265-1308, 148 note 65 Durandus, Bishop of Mende, A.n. 1286- 1296, 52 note 153 Duties of the baptized, 66 ; of order, 257 Kast, consecrated oil used in, as the confirmation of absolution, 176 ; the sick man's oil not hallowed in, by anticipation, 172 ; has only four steps in order, 185 ; and two lower orders, 194 ; practice of, in ordaining, 209 ; regards adultery as the dis- solution of marriage, 364, 365 Easter-Eve, proper season for baptism, 13; for ordination, 113; forbidden time for marriage, 350 Ecclesiastical persons, 324 ; meaning of the term, 325 ; take over the sub- deacon's duties, 311 Edmund Rich, Archbishop of Canter- bury, A.D. 1234-1245, his constitu- tions A.D. 1236, 101 note 126 Egbert, Archbishop of York, A.D. 732-766, 112 note 186 iKKX7]>f at jleast three persons, 95, besides the jTJresbyter, IIS note 225; con- secrated by the Divine invocation, 81 , 374 ; '(Consecration of, a corporate act, 93\; effected through the power of the Holy Ghost, S9, 95; by the Great iqigh Priest, SO, 86, 87 ; share of deaco^i in, 93, 116 ; prayer and fasting necessary for, 95 ; to follow matins, 95, 110, 113; not to be (iffered in a private house, 97 ; when in the open, 97 ; but upon an altar, 97; hour of offering. 111; third hour, 112 ; midnight, 113 ; days of, 113; weekly, 114; daily, 114, 123 ; not to be repeated on the same day, 114, IIG ; when duplication allowed, 116; decline of solemn, 130; care- lessness in, 115; sacrificial com- munion, 119; persons interested in, 119 ; participants, 121 ; manner of receiving, 129 ; reservation, 133 ; under lock and key, 135 ; sent to the absent, 134, 375 ; private reserva- tion, 122 ; discountenanced, 136 ; not for long, 137 ; to be given to the dying, 137 ; worship in, 71 ; prayer for the king in, 78 Eucharistial, 100, 134 Eucharistic vestments, 103 ; when en- joined to be worn, 106 note 154 ; to be consecrated, 107 Kugenius iv.. Pope, a.d. 1431-1447, 158 note 115 Eulogies, the name for the people's offerings, 86, 90, 374. See Offering and Benediction - bread. Formerly placed on the altar, or table of vpo- ^ecrty, 91 ; after being collected by the bishop, 91, 92 ; distribution of, in lieu of the Eucharist, 375 ; confined to the faithful, 376 Eunomians require rebaptism, 25 note 16, 47 note 131 Eusebius, Bishop of Csesarea, a.d. 313- 340, 97 note 94 Eusebius of Eraesa, died 361 a.d., 8 note 37 Evangelists in Xew Testament, 285 Eve services become day services by anticipation, 113 Examination for orders, 223 note 193, 277 note 317 Excommunication, effects of disregard- ing, 251 Exeter, Synod of, a.d. 1287, under Peter Quivil, 136 note 329 Exomologesis, 162 note 134, 170 note 166. See Confession Exorcism, before baptism, 34, 38 ; not to be omitted after private bajitism, 47 ; the first active exercise of dis- cipleship, 313 Exorcists, 193, 313; origin of, 314; their duties, 314 ; office to prepare energumens, 196 ; ordination of, 198 ; in Gallican Church, 200 ; Eastern view of, 195, 355 ; not ordained by Greeks, 198 Exsufflation in baptism, 36 note 67, 38 Extreme unction, 140. See Annealiwj Fabiax, Bishop of Rome, a.d. 236-250, 307 note 241 Fasting, a preparati m for baptism, 35, 44 ; for confirmation, 58 ; ordinarily necessary to obtain any gift of the Spirit, 44, 55 ; for consecrating the Eucharist, 95 ; before communicating, 126 ; before ordination, 226 Favorinus, a collet, circa 250 a.d., 311 note 258 Fernientum, 116 note 216, 134 Ferramentum, an instrument for baking ubbles, S4 note 21 Ferrandus, Fulgentins, a deacon of Carthage, A.D. 523-551, 201 note 103 Ferraris, Lucius, a Minorite, editor of Bibliothcca Juridica Canonum, died 1760, 371 note 3 Ferroni, 84 note 21 Firmilian, Bishop of Cae.sarea in Cappa- docia, A.D. 250-272, 169 note 162 Florus, deacon of Lyons, a.d. 852-870; .author of "Commentaries on St. Paul's Epistles " and " The Canon of the Mass," 133 note 307, 381 note 47 Flour offered at the Eucharist, 89 2 D 402 Index. I'ont required to be of stone, 46 ; con- secration of, 26, 45 Force forbidden to be used to non- Christians, allowed to Christians, 66 ; renders marriage voidable, 354 Forgiveness of sins, 7 ; means of ob- taining, 138 note (J Form, 8 ; in baptism, 24 ; in confirma- tion, 54 ; in consecration of the Eucharist, 82 ; in penance, 147 ; in annealing, 172 ; in ordination, 198, 210, 212 note 15."> ; in matrimony, 339 Formal sins, 68 Formatae literae, 220 note 180. See Letters Fossarii, order of, 194 Founders, privilege of, in churches, 73 Fraction after consecration of the Eucharist, 109, 110 note 178; varie- ties of, 110 note 178 ; cimducted by deacons, 95, 109 Frankincense, offering of, at the Eucharist, 85. See Incense Franks, the king's permission required for ordination by, 242 note 296 Fraud renders marriage voidable, 355 Friday, a station-day, 113; aliturgical in the West, 226 note 208 Frock or close-cope, 263 note 41 Frontal, 99 Funeral celebrations, 119 Gallican Church, washing of the feet at baptism in, 33; use of ubbles in, 91 ; vestments, 105 ; reservation in, 1 34 ; thedying communicated with the cup in, 133 ; the laity communicated in the choir, 130 ; order of singers in, 194 ; oil used for ordaining in, 210 ; rule as to consecration of bishops, 227; absence from Church merits excom- munication in, 269 ; rule as to mar- riage of clergy, 273; Council, a.d. 616, 46 note 126 Gambling forbidden to clergy, 266 note 57, 269 (langra, Council of, a.d. 355, 75 note 277 Gavanti, Bartholomew, a Barnabite and distinguished liturgiologist, died 1638, 12 note 55 Gelasian Sacramentary, Frank ish MS. of, circa A.D. 715 ; written for abbey of St. Denis, 51 note 151 Gelasius, Pope, A.D. 492-496, 173 note 181 Gemma Ecelesiae. See Giruldus Germanus, Bishop of Paris, a.d. 555- 576, 106 note 153 Geronne, Council of, a.d. 517, 44 note 112 Gildas, a British presbyter, circa a.d. 615-575, 269 note 29 Gile-s, Bishop of Sarum, ad. 1256, 127 note 271 Giraldus, circa 1190 a.d., author of Gemma Ecelesiae, 113 note 189 Girdle, 145 ; worn by Gallican clergy, 261 note 32 ; forbidden to higher clergy, 264 Gnostics, their baptism, 26 note 17 Goar, Jacob, a French Dominican, A.D. 1601-1653, 174 note 182 Good Friday, an aliturgical day, 115, 226 note 203 ; a day of jJrayer for outsiders, 382 God-parents, 39 ; duties of, 40 ; quali- fications, 40 ; number, 41 ; relation- ship set up by acting as, 41 ; an impediment to marriage, 361 Gospel, not read before catechumens at Rome, 34 ; reading of, accompanied by incense, 102 ; delivered to deacons at ordination, 204, 207 ; and to bishop?!, 204 ; held over a bishop's head at consecration, 198, 202 Government the bishop's office, 285, 291 Gown. See Stola Grace, 15 ; sacramental, 15 ; sanctify- ing, 15; primar}', 16; secondary, 16 ; preventing, 61 ; before and after meals, 266 note 58 Gradine, 100 Gradual or step-psalm, the psalm recited at the ambo before the read- ing of the Gospel, 83 note 18 Grain offered at the Eucharist, 85, 91 Grapes offered at the Eucharist, 85 Index. 403 (Gratia gratuin faciens, 15 ( Jratia ^'latis data, 15 (Iray, Walter de, Archbishop of York, A.n. 1216-125(;, lOG note 154 ( ! reek use in communicating the people, 128; use in annealing, 175; to ad- minister baptism and confirmation togetlier, 54 ; not to ordain exor- cists, 199 ( Iregory of Naziaiizinn, the Theologian, A.n. 330-3S9, 183 note 22 Cregory I., Pope, A.u. 594-604, 106 note 153 II., Pope, A.i). 715-731, 114 note 198 — III., Pope, A I). 731-741, 231 note 241 . TIL, Pope, A.n. 1073-lOSO, 214 note 157 viii., Pope, A.n. 11S7-11S8, 249 note 323 IX., Pope, A.n. 1227-1241, 150 note 77 XII., Pope, A.n. 1406-1409, 205 note 120 (Iregory, Bi.shop of Tours, A.n. 573- 595, 134 note 315 (Juide, name given to bishops in the East, 287 note 146, 217 note 169, 295 note 181 Hales, Alexander of, in Gloucester- shire, a Franciscan, the Irrefragible Doctor, died 1245, author of a Summa Theologiae, 159 note 121 Haller de Ordinatione Romae, 1740,. 259 note 28 Hampole, Richard, 382 note 51 Hand, order called the, of the Spirit, 183 note 22 Head-cluth, 32 note 46, 104. See Amice H<_-resy, voluntary, adisfjualification for orders, 239 Heretical orders, when valid, 237 ; in some cases invalid, 232 Hermas. [See Ramsay's " The Church in the Roman Empire," p. 368 and 432], rirca 150 A.n., 178 note 2 Hilary, Pope, A.n. 461-467, 125 note 262 Hilary, a Roman deacon, A.n. 345, 182 note 20 Hillel, Rabbi, 365 note 195 Hippolytus, a bishop near Rome, A.n 160-235, 103 note 167 Hincmar, Archbishop of Rheims, circa A.n. 852, 266 note 53 Hippo, Council of, A.n. 393, 282 note IH.i Holiness of the baptized, 64 Honesty, public, an impediment to marriage, 361 Honorius III., Pope, A.D. 1216-1227, 5t) note 175, 101 note 127 Honoriu.s, Bishop of Autun, A.n. 1111, 82 note 17 Hormisdas, Pope, A.n. 512-523, 67 note 234 Hour-services, 268 Housel, name for Eucharist, 81 porch, 135 towel, 129 vessels, 100 Hugo of St. Victor, an Augustinian, A.n. 1097-1141, 128 note 281 Hunting forbidden to clergy, 269 Husband and wife, relations of, 74, See Wedlock Hyssop used as a sacramental, 373 IciNATius. Bishop of Antioch, A.n. 70- 115, 186 note 34, 286, 287 note 146 Illation in Galilean rite, 103 Immersion in baptism, 27 ; single, 27 ; time 27 Immolation in the Eucharist, 108 Impediments to marriage — obstructive, 334 note 23, 349 ; destructive, 336, 352 ; formerly determined by bishop, 359 ; forbidden degrees, 357 ; affinity, 359 ; indirect and remote affinity, 361 ; public honesty, 361 ; spiritual and legal connection, 361 ; adultery, 362 Imposition of hands, a sacramental sign, 19, 147 note 61 ; in prepara- tion for baptism, 36 ; in exorcising, 35 note 66 ; in baptism, 28 ; in con- firmation, 52 ; given by a slap on the cheek, 52 ; in penance, 20 note 404 Index. 95, 304 note 226 ; it\ reconciliation, 21, 48, 147, 148 ; not to be used to one in holy orders, 149 ; in giving order, 198 ; solemn, given by anoint- ing with oil and chrism, \o, 31, 198, 203 ; remote, 199 Incapacity for marriage, 356 ; physical, 356 ; moral, 356 Incense, 74 ; wlien used, 102 ; Chris- tian altars of, 03 ; widows altars of, 73 Incestuous, the, Corinthian, 152 note 86, 182 note 18, 383 note 56, 384 note 59 Inculcation of orders, 225 Incumbents appointed penitentiaries, 144 Indelibility of order, 231 Indulgence a relief from penance, 169 note 163, 383, 388 ; in the outer forum, 384 ; in one of two ways, 384 ; letters of, 155, 384 ; in the inner forum, 386 ; first heard of in ninth century, 387 ; defined, 388 ; five conditions to render effective, 390 ; how exercised, 390 ; abuse of, 391 ; different kinds of, 391 ; the name ajiplied in Spain to Good Friday prayer for those outside the covenant of grace, 382 note 53 Infamy, 249 Infant baptism, 13, 38 ; communion, 124, 128 Inner tribunal for private discipline, 144 ; presbyter's commission confined to, 282 Innocent i., Pope, a.d. 402-417, 132 note 303 III., Pope, A.D. 1198-1216, 114 note 203 ■ IV., Pope, A.D. 1243-1254, 171 note 18 Instruments of office, delivery of, 198, 209 Integral parts of a sacrament, 9 ; the Eucharist an integral part of Chris- tian dispensation, 4 ; oil and laying on of hands integral parts of bap- tism, 28 ; integral parts of ordina- tion, 198 ; sexual union integral part of marriage, 338 Intention in sacraments, 8, 10 ; of the Church, 11; of the minister, 11, 12 ; actual, 12 ; virtual, 12 ; habi- tual, 12, 15 ; interpretative, 18 Intercession, the presbyter's duty, to make sacraments effective through the power of the Holy Ghost, 55, 6 4, 89, 95, 141, 149, 169, 172, 180, 278 note 118, 279 note 121 ; bishop's office in, 291 Interpreters, 194 Interstitiis omissis, 225 Intinction, communion by, 133 Invasion, or ordination in another's diocese, 221 Invocation a name for the consecra- tion-prayer, 108 Ireland has no order of collets, 185 note 195 ; form of tonsure in, 260 Irenaeus, a.d. 133-195, 9 note 42 Irregular baptism, 47 ; ordination, 213 note 157, 220 note 179, 228, 230 Irregularity, clerical, defined, 246 ; of defect, 248 ; of crime, 248 ; what crimes cause, 249 ; how they cease, 251 ; incurred by giving absolution from greater crimes, 250 note 334 Isidore, Abbot of Pelusium, a.d. 370- 425. 99 note 116 Isidore, Bishop of Seville, a.d. 618- 636, 69 note 242 Islep, Simon, Archbishop of Chanter- bury, a.d. 1349-13G6, his constitu- tions, 13G2, 121 note 239 Iteration of baptism a disqualification for orders, 49 Ivo, Bishop of Chartres, A.D. 1090- 1115, 185 note 28 Jerome, a Roman presbyter, a.d. 345- 420, 59 note 80 Jerusalem, Church of, 113 ; gives com- munion in one kind, 131 Jews, Christians forbidden close con- tact with, 65, 350 ; prayers for, on Good Friday, 382 John, St., Eucharistic vision of, 90 John VIII., Pope, a.d. 872-882, 239 note 278 Iiidc 405 .Tohnxxn., Pope, A.n. 1316-1334, 249 note 329, 275 note 108 John of Damascus, monk of Jerusalem, A.D. ti 7 0-7 5(5, 185 note 30 John tlie Deacon's letter to Senaiius, A.D. 496, 189 note 45 Ji»hn of Avranclies, a.d. 1070, 128 not'' 280 John de Burijo, author of P\tpiUa Ocn/I, A.n. 1385, 227 note 212 Justin Martyr, A.n. 114-165, 82 m.te 1(5 KaOoXiKoi 325 note 345 Kai'wv, 3-JO note 318 Kingdom of heaven entered at baptism, 23, 63 ; in what sense, 59 Kings anointed, 78 ; preside in coun- cils, 78. See Sovereign Kiss of peace, 74. See Peace. Kissing the Host a French practice, 1 10 note ISO KXrjpoi, 178 note 3, 179 note 10, 325 note 347 Kneeling, 74 Knowledge required for orders, 223, 243 Koiij.r)Tripia of Cin-istians, 98 note 100, 307 note 239 Labol-RKRS, order of, 194 Lactantius, a Christian rhetorician, A.n. 250-325, 140 note 14 Lacy, Edmund, Bishop of Exeter, a.d. 1420-1455, 185 note 33 ! Lady- wells, 46 note 124 Lancelot, a canonist, 284 note 137 I^anfranc, Archbishop of Canterbury, A.D. 1070-1093, 375 note 22 i Langham, Simon, Archbishop of Can- ' terbury, a.d. 1366-1 368, constitutions of, a.d. 1367, 146 note 52 Langton, Stephen, Archbishop of Canterbury, a.d. 1207-1229, con- stitutions of, A.I\ 1222, 101 note 132 Laodicea, Council of, a.d. 363, 33 note 49 Lateran Council, a.d. 1123, 274 note 107; Second, a.d. 1139, 236 note 256 ; Third, A.n. 1179, 235 note 255; Fourth, A.D. 1215, 149 note 72 \aTpda, 81 note 10 Lauds, 268 note 72 Laurence the Deacon, a.d. 258, 93 note 72, 302 note 216, 318 note 296 Laver, baptism tlie saving, 24, 29 Lawful wedlock, 346 ; in what cases dissoluble, 363, 366 Lay baptism, 43 ; officials, 327 ; not restrained from marriage, 328 Laymen, the people of God, 60 ; dis- tinction between order and, 63 note 217 ; niay do certain priestly acts in cases of necessity, 11, 43, 63 ; bap- tize, 43, 64, 196 ; give penance, G4, 151 ; discharge the reader's office, 196 ; but not read from the ambo, 315 note 279 Leaven, the holy, used in Ea.st, 134 'XfiTovpyol, the name of those who con- duct the worship of the Church, 285 note 142, 308 note 243 Lenity, 250 Lent, origin of, 35 ; season for ordina- tion, 226, 228 Lenten oil, 153 Leo I., Pope, a.d. 440-461, 112 note 184 IV., Pope, A.D. 847-855, 103 note 141 IX., Pope, A.D. 1049-1054, 272 note 101 XIII., Pope, A.D. 1878, 76 note 286 Leofric, Bishop of Crediton, 1046 A.D., transferred to Exeter, 1050-1072 A.D., his mis.sal, circa 1040 a.d., 18 note 81 Leprosy, when not a disqualification for orders, 238 Lerida, Council of, a.d. 523 or a.d. 542, 46 note 123, 156 note 103 Letters, commendatory, 126 note 266, 220 note 180, 257, 293 note 176 ; communicator}', 126 note 266, 220 note 180 ; pacific, 126 note 266, 220, note 180 ; dimissory, 126 note 266, 220 note 180 293; of indulgence, 155 406 Index. Leudificus, Bishop, a.d. 633, 311 note 257 Levites = deacons, 73 note 261 Licenses, marriage, 353 Life of Christ communicated tlirongli the sacraments, 281 Light, Christians the light of the world, 32, 66 ; clergy the light by learning and life, 235 note 255 Lighted taper given to the baptized, 32 Lights, devotional, 74, 102 ; necessary, 102 note 131 ; ceremonial, 102 ; orna- mental, 102 Litanies prescribed, 72 ; in ordaining, 198, 201 Liturgia, a name for the Eucharist, 81 note 11 Liturgical vestments, 103. See Eu- charislic Lombard, Peter, scholastic theologian, Archbishop of Paris, a.d. 1159-1164 169 note 162, 158 note 114 Lord's Prayer, sacramental value of, 70, 372, 377 note 25 ; used as a suffrage for others, 382 ; knowledge of, required from Christians, 36, 70 Lord's Supper includes the agape as well as the Eucharist, 81 Lower orders, 193 ; aspects of, 193 ; limited to four in Roman Church, 194, 195; to five in Gallican, 195 Lucian the pagan, 277 note 116 Lucifer, Bishop of Cagliari, a.d. 350- 370, 182 note 19, 233 note 249 Luther's, sacraments, 5 note 22 Lyndwood, Chancellor of Archbishop Chichele, his Provinciale, A.D. 1429, 161 note 130 ; view as to essentials of marriage, 341 Lyons, Third Council of, a.d. 583, 274 note 105 ; General Council of, a.d. 1245, 248 note 320 ; Second Council of, A.D. 1274, 229 note 229 ; school of readers at, 317 note 288 Mackdonians not rebaptized, 48 note 137 Macon, Council of, A.D. 581, 65 note 227 ; Second, a.d. 585, 44 note 112 Madrid, Council of, a.d. 666, 77 note 288 Mainz, Council of, a.d. 813, 95 note 73 ; a.d. 847, 92 note 64 ; a.d. 888, 97 note 91 Maldonatus, John, a Jesuit, died 1583 ; view as to essentials of marriage, 341 Mamertus, Bishop of Vienne, a.d. 461- 475, 72 note 256 Manicae, 106 note 103 ; 264 note 44 Manichaeans, 130 note 289 ; 257 note 18 Maniple, 105 Manualia, 106 note 103 Marculfus, a.d. 660, 363 note 188 Marriage (see Wedlock) of the clergy, 275 ; made legal in this country by statute, 275 note 110 ; three degrees of, 337 note 45, 346 ; true, 349 ; presumptive, 335, 336 note 34, 335), 349, 367 ; ostensible or reputed, 349, 367 ; void, 354 ; voidable, 355 ; re- lation of civil power to, 352 note 124 Marsh, Bishop of Durham, A.D. 1220, 127 note 271 Martene, Edmund, of the Congregation of St. Maur, died 1739, 162 note 135 Martin, Bishop of Tours, A.D. 370-397, 260 note 30 Martin, Bishop of Braga, cii-cn 572 A. D., 57 note 72 Martyrarii, 293 note 176 Martyrs grant letters of relief or in- dulgence, 384 Mass, the prayer consecrating the Eucharist, 108 note 166 Master and man, relation of, 74 Matins, a preparation for the Eucharist, 96, 111, 113, 268 note 72 Matriculariae, 322 note 330 Matrimony. See Wedlock Matter, proximate and remote, 8 ; in baptism, 24 ; in confirmation, 52 ; in the Eucharist, 82 ; in penance, 147; in annealing, 172; in order, 198, 208, 212 note 155 ; in wedlock, 339 Maundy Thursday, consecration of Index. 407 the chrism on, 55, 56; rehearsal of the creed on, in tlie Galilean Church, 3t5 ; washing of the feet on, 21 note 102; the first baptismal day in the Gallican Church, 36, 37 ; celebration of Eucharist on, 96 ; reconciliation of penitents on, 124, 156 Maximus, Bishop of Turin, A.i>. 410- 470, 33 note 51 Meaux, Council of, A.n. C92, 115 note 206 Melancth^ni on sacraments, 5 note 22 Melchiad->s, Pope, A.I). 311-314, 205 note 123 Mepham, Simon, Archbishop of Canter- bury, A.D. 1328-1333, constitutions of, 1328, 146 note 49 Mercy, corporal works of, 71 ; spiritual works of, 71 Mftliodius, Eubulius, Bishop first of Olympus and Patara in Lycia, and afterwards of Tyre in Phoenicia, suffered martyrdom at Chalcis in Greece, a.d. 312, 182 note 20 Metropolitan, consent of, required for the consecration of a bishop, 219 ; cases reserved to, in penance, 146 ; Church, place for ordination, 227 ; consent of metropolitan chapter re- (juired for ordination, 227 note 216 Micrologus, a cotemporary of Gregorj' VII., circa A.D. 1077, 108 note 165, 377 note 26 Milan, washing of the feet at baptism in Church of, 33 ; Metropolitan of, 227 note 215 Milevis, Council of, a.d. 402, 15 note 70 Milk and honey given to the baptized, 32 Minister of a sacrament, requisites in, 11 ; of baptism, 41 ; of confirmation, 56 ; of the Eucharist, 93 ; of pen- ance, 149 ; of annealing, 173, 174 ; of order, 214 ; of wedlock, 340 ; un- worthiness of, 13 Ministerium, 180 note 13, 138 Ministry of reconciliation, 139 Minor orders. See Louer Orders Minucins, Felix, circa 166 A.D., 250 note 339 Mixed cup of the Eucharist, 82, 84 Monks, order of, ISO note 14 Monothelites, 48 note 136 Montanists, baptism of, invalid, 47 note 131 ; anti-sacramentalists, 287 Morals of clergy, 266 Morganatic marriage, 346 Morinus, John, an Oratorian, died 1659, 199 note 88 Mortal sin, 68 ; must be confessed, 162 Mozarabric rite, 88 note 51, 377 ni»te 26 Muratori, Louis, died A.D. 1750, 93 note 72 Mystagogia, a name for tlie ICuchurist, 81 note 11 Mystic head-cloth, 32 note 46, 104 ; treasury, 389 ; what it involves, 389 Mystical body of Christ, 21 1 Name of Christ, in the, 378 ; baptismal, 28 ; may be altered at confirmation, 28, 52 ; respect for sacred name, 73 Nantes, Synod of, A.n. 898, 95 note 78 Narbonne, Council of, a.d. 589, 121 note 242 Naricus, a collet, circa 250 a.d., 311 note 258 Necessitas medii, 4 ; praecepti, 4 Necessity, effect of, on ministers of sacraments, 10, 42, 45 ; baptism in case of, 43 ; penance in case of, 150 Neocaesarea, Council of, a.d. 314, 45 note 119 Neophyte, an unfit subject for ordina- tion, 224 Nicaea, Council of, a.d. 325, 128 note 277 ; Second Council of, a.d. 787. 316 note 286 Nicolas I., Pope, A.D. 858-867, 143 note 23 II., Pope, .\.D. 1059-1060, 13 note 60 Nocturns, 11 Non-hierarchical orders, 192; duties of, 311 Novatians, held order to be necessary for baptism, 24 note 9 ; not to be 408 Index. lebaptized, 48 note 137 ; denied for- giveness in this world to tliose guiltj' of mortal sins, 140 note 13 ; denied grace of laying on of hands, 235 note 254 and note 240, 232 note 243 Novatns, conduct of, 127 note 275 Ono, Archbishop of Canterbury, A.n. 942-959, constitutions, a.d. 943, 258 p. 20 Offering in the Eucharist, 81 ; three- fold, 85 ; the people's, 64, 85, 90, 122 note 244 ; duty of making, 122 ; the deacon's, 86, 91 ; the presbyter's^, 87, 93 ; must be pure, 80, 91 Offerings, private, 63 ; solemn, 64 ; who may make, 90 ; for the dead, 74 ; corporate, of Christians, 63, SO Offertory, the offering of eulogies, 86, 90 ; not pecuniary gifts, 92 ; anthem, 317 note 290 Oil, a sacramental sign of the Spirit, 18, 19 ; catechumens, 29; or exor- cised, 373 ; used in the East in con- secrating the Eucliarist, 89 ; may be offered at the Eucharist, 85 ; used in ordaining, 20 note 89, 203, 205 ; of annealing, 172 ; called sick man's oil, 172 ; hallowed on Maundy Thursday, 173 ; to be consecrated by a bishop, 173 Optatus, Bishop of Milevis, a.d. 368- 384, 259 note 25 OrAnge, Council of, A.ix 441, 34 note 59 ; Second, a.U. 529, 16 note 71 Oratories, parochial, 307 Order defined, 178, 180, 182; the placing of individuals in ranks, 178 ; used in three senses, 179 ; five orders, 178 ; three orders, 178 ; two orders, 179 ; sacramental order, 180 ; the hand of the Spirit, 183 note 22 ; St. Peter's gift, 182; the sacrament of the perfect, 183 ; steps or degrees in, 184; seven steps in, 184; nine steps, 185 ; origin of the functions of, 193 note 57 ; temporal privileges of, 252 ; s{)iritual privileges of, 255 ; duties of, 257 Orders, holy, 185, 188; two holy orders, 188 ; now three, 188 ; tem- poral privileges of, 253 ; spiritual privileges of, 254 ; duties of, 257, 267 ; hierarchical orders, 185, 188, 191 ; non-hierarchical or lower, 193 ; orders of the imcleansed, 196 Ordination, 196 ; three senses of, 197; regarded as feudal investiture, 195, 199, 208 ; symbolical acts in, 198 ; in Roman Church, 198, 201 ; in Greek, 199, 202 ; in Gallican, 199, 202 ; in mediaeval, 200 ; anointing used in, 203 note 110, 212 note 152; at what part of the service, 202 ; of Apostles by Christ, 208 ; essentials of, 197, 209 ; matter in, 203; form of, 210; prayer of, 210 note 146, 211 note 151 ; Roman report on matter and fcjrm of, 212 note 155; minister of, 214; Pres- byterian, 214, 216 ; by the Apostles collectively, 216 ; the bishop's office in, 292 ; by a single bishop, 216 ; prerogative of Bishop of Rome, 218 ; by heretics disallowed in the East, 221, 237, 238 ; valid, 214 ; regular, 222 ; must be preceded by examina- tion, 222, and probation, 222, 224, 229 ; unconditional, 222, 229 ; per saltum, 225 ; omissisinterstitiis, 225 ; times for, 226, 228 ; to be given fasting, 226 ; place for, 227 ; simo- niacal, 229 ; effect of, 230 ; qualifica- tions for, 232 ; approved life, 239 ; of an unbaptized person, 236 ; of a child, 237 ; age for, 238 ; a public inquiry before, 240 ; of an unwilling subject, 234 Ordination-Eucharist, 112, 228 Origen, presbyter of Alexandria, A.D. 185-245, 38 note 80 Orleans, Council of, A.D. 511, 53 note 191 ; Second, a.d. 533, 66 note 228 Third, a.d. 538, 112 note 185 Fourth, A.D. 541, 76 note 287 Fifth, A.D. 549, 77 note 290 Ostia, Bishop of, 202 Inde: •X. 409 Tacian ok Barckloxa, circa 370 A.I)., author of "An K.xliortation to IVnance " I'aemila, 106, 262 note 33 Tiill, or altar-cloth, 9i) riilliuui, 105 note 149 ; a mantle, 261 note 32 ; a scarf, 262 note 33 Pallium linostimuui, 105 note 149 i'.ipiinutins, 272 i '.iris. Third Conncilof , A.D. 557, 333 note 1 7 ; Council of, a.o. 615, 255 note 11 ; Sixth Council of, A.n. 829, 35 note 65 Varish clerks, 313 ; necessary fur a .single-handed incumbent, 312 note 262, 313 note 266 I'arish priest, 192 note 54 I'arochia, a country church, 306 note 239, 274 note 106 Parochial oratories, 307 ; di.stricts at R.ime, 305 I'aten, 101 r.itmos, 90 I'atrini, 40 note 89 I'aul of Samosata, circa 263 A.D., 236 note 256, 271 note 95 Paulianists, 25 note 16 I'aulinu.s of Nola, llourished circa 420 A.n., 375 note 20 Pavia, Council of, A.n. 850, 142 note 18 Pax. See Peace Peace, the conclusion of baptism, 33 ; in the Eucharist, 1 08 ; admission to the offering and conmiunion, 1 55 note 102,154 note 96 IVckham, Archbishop of Canterbury, A.l). 1279-1294 ; his constitutions at Reading, 1279, 99 note 114; at Lambeth, 1281, 106 note 153 ; ad-.jits Roman use of supplementing private baptism, 47 ; introduces the taber- nacle, 135 Pelagius, Pope, A.I). 55.J-560, 110 note 178 IVnance, defined, 138 ; names for, 138 ; used to express three things, 139 ; the court of, 139, 157 ; a sacrament <.rdained by Chri.-,t, 140; called the baptism of labour, 141 ; originally public, 141 ; introduction of private. 141 ; essentials of, 147; as the ministry of reconciliation, 138, 147 ; as the disciplineof reconciliation, 157 ; given with imposition of hands, 20 note 95, 138, 147; object of, 144; the minister of, 149 ; some labour to precede forgiveness, 152 ; only to be indicated to the dying, 152 ; strangers not admitted to, 153 ; not to be repeated, 153 ; sacramental effect of, 169 Penances, vary, 166; fornierly severe, 166 ; when productive of good, 167 ; prayers, psalm -singing, and pecu- niary, 385 ; commutation of, 385 Penitence of three kinds, 138; called the mistress of all virtues, 157 Penitentiary presbyter, 142; difficult duties of, 143 ; requires discretion, 143 ; governed by general rules, 144 ; the bishop's, 146, 147; presbyters appointed at ordination, 204 ; the Pope'.s, 149 note 72, 354 note 128; abolition of, at Constantinople, 142 note 19 Penitents, excluded from offering, 92 ; may be commemorated, 154 ; solemn, reconciled on ^Maundy Thursday, 144, 156; disqualified for orders, 242 TTfpi^oXaiov, 261 note 32 Perpetua, Acts of, circa 202 A.U., 299 note 206 Peter, bishops successors of .St., 292 note 166 Peter. See Lombard Phanon, or maniple, 105 , 261 note 32 e\6viov, 261 note 32 Phoebe, the deaconess, 319 note 303 Phrygians or Montanists, 47 note 131 Piaceiiza, Council of, 220 note 180 Pignus,-334 note 25 Pius VI., Pope, A.l)., 1775-1800,392 note 80 IX., Pope, A.I). 1846-1^78, 347 note 95 Planet, 106, 103 note 141, 261 note 32 ; given to a presbyter at ordina- tion, 204 410 Index riiny's letter, a.d. 112, 2 note 3, 110 note 181, 319 note 303 Pluvial, 107 Poderis, 104 note 144 Polycarp, Bishop of Smyrna, a.d. 116- 155, 286 Polygamy forbidden, 343 Pope, cases reserved to, 145, 146 Porrectioinstrumentorum, 198,208, 209 Porto, Bishop of, 202 Posbidius, Bishop of Calamis, ciVca 440 A.D., 281 note 128 Post-communion prayer, 107 Prayer, solemn, 9 ; public or quasi- solemn, 9 ; private, 64 ; daily, 71 ; corporate, 55, 64 note 219, 197 note 79, 216, 376 Preaching, the prophet's function, 285 ; devolved upon bishop and presbyters, 286 ; presbyters' duty in respect of, 280 note 125, 281 note 130; bishop's, 291 Prebendary of St. David's, the queen a, 79 Precentor succeeds to deacon's duties in solemn services, 307 Preost, 192 note 52 Pre-sanctified, Mass of the, 115 note 206 Presbyter, 73, 192 note 53 ; name common to bishops and presbyters, 187 note 37 ; requires the assistance of a deacon to offer the Eucharist, 91, 190 ; co-iiperation of, in ordaining, 216 ; reception of Eucharist by, 129 ; ordination of, in Roman Church, 201 ; in Gallican, 203 ; in Eastern, 202 ; in the West in Middle Ages, 204 ; in fifteenth century, 207 ; ruling, 186, 277 note 117, 281 note 132. See Priest Presbyterate, a sacramental order, 185 : defined, 189 ; particular duties of, 277; mediatorial or intercessory, 277, 278; magisterial, 277,280; pastoral, 277, 281 Presbyteress, a presbyter's wife, 320 ; widows so called, 322 Presumptive wedlock, 335, 330 n ite 34, 339, 349, 367 Priest, use of term, 192 ; proper minister of baptism, 41 ; exception- ally of confirmation, 56 ; regularly of penance, 149 ; of annealing, 174 ; of the Eucharist, 192; called the hand of the Great High Prie.st, 277 Priesthood of Christ exercised in all sacraments, 9, 289 note 157, 30 4 note 225 ; in baptism, 44 note 110 ; in the Eucharist, 80, 86, 87 ; in ordination, 190 note 47, 209 note 143, 210 note 146, 211 note 151 ; of all the baptized as members of Christ, 62, 63, 19G, 232 ; exercised directly in solemn services, 116; three degrees in, 87, 187 ; presbyters hold tlie highest degree in, 190, 233 Priestly garments. See Euckaristic vestments Private administration of sacraments, 10 ; baptism, 45; consecration, 117 ; penance, 142 Profession of faith before baptism, 237 ; a bishop's, 298 TTpoacpipeLV, 301 note 210 Trpoa, 167 ; promise of, to be fulfilled, 168 Reynolds, Walter, Archbishop of Can- terbury, a.d. 1313-13-18, constitutions of, 1322 a.d., 107 note 161 ; intro- ducer of Roman manner of anneal- ing, 176 Rheims, Council of, a.d. 502, 327 note 355; A.I). 625, 257 note 16; A.i>. 1119, 274 note 207 ; school of readers at, 317 note 2 88 Ring given to a bishop at ordination, 204 Roman, tonsuie, 260 ; law as to rajic, 354; Church uses ubbles, 91 ; has four lower orders, 193 ; practice of, in ordaining, 198 ; vestments, 103 ; custom of communicating tlie people, 130 ; rule requires sick man's oil to be consecrated by a bishop, 173 ; rule as to clerical marriage, 273 ; use in annealing, 175 ; only allows it once a year, 176; custom to impose both hands in ordaining, 206 ; synod of, A.D. 275, 217 note 169 ; synodal letter to Gauls, A.D. 384, 37 note 76 ; synod, A.D. 465, 242 note 294; a.d. 743, 95 note 79 ; synod under Eu- genius ii., a.d. 826, 130 note 290, 263 note 41 Rome, consecration of Bishop of, 202 ; privilege of, in ordaining, 201, 218 Rouen, Council of, a.d. 650, 97 note 88 Routh, 284 note 133 Russel, William, Bishop of Sodor, circa A.D. 1350, 85 note 27 Sabbathian.s not rebaptized, 48 note 137 Sabellians, 47 note 133 Sacrament, use of term in early times, 1 ; definition of, 7 ; whole, 8 ; re- quires a divine institution, 2 ; necessary, 3 ; supplementary, 3, 4 ; voluntary, 3, 5 ; number of. some- times said to be three, 4 ; at other times seven, 5 ; imperfect, to be repeated, 17 ; not to be charged for, 17 ; presentation of, 87 Sacramental signs, 7 ; chief, 17 ; reality, 7; acts, 18 Sacramental grace, 15 Sacramentals, a kind of ecclesiastical sacraments, 371 ; for true believers, 372 ; efficacy dependent on prayers of the faithful, 373 ; for non-Chris- tians, 377 412 Index. Sacrifice of the Church, 64, 80 Sacring bell, 109 ►Salt, a sacramental sign, 18 ; tlie sac- rament of catechumens, 341, 373; required in baptism, 38 Saltum, ordination per, 225 Sancta, ceremony of, 116, 134 Sanctifying grace, 15 Sanctuary curtains, 99 note 110 Sanhedrim, presbyters the, 283 note 136 Saragossa, Council of, a.D. 381, 123 note 249; Second, a.d. 592, 232 note 242 ; Third, a.D. 091, 227 note 213 Sardica, Council of, a.d. 347, 225 note 198 Satisfaction, 158, 164 ; includes three things, 164; atonement for guilt, 164 ; for punishment, 165, 166 ; re- stitution, 165, 167 ; coming to satis- faction, 157 Saturday a liturgical day, 113 Scotists' view of grace, 15 note 69 Scotus, John Duns, a Minorite, the Sublime Doctor, a.d. 1273-1308, 15 note 69 Scrutinies before baptism, 37 Seal, the Lord's, 28 note 33, 51, i.e., signing with chrism with the sign of the cross Secret, the, 109 Secretary of Briefs, the Papal, 354 note 128 Secular courts, resort to, forbidden to clergy, 255 Seligenstadt, Council of , a.d. 1022, 115 note 222 Separation from bed and board, 364, 368 ; in what cases allowed, 368 Sequentes, a name for collets, 307, 311 Sequestration, or separation from bed and board, 364 Sergius, Pope, a.d. 687-701, 109 note 176 ; introduces the Agnus Dei, 109 Seville, Council of, a.d. 590, 75 note 278 ; Second, a.d. 619 note 172 Shammai, Rabbi, 365 note 195 Shrift, 157 Sidonius, 111 note 182 Sign of the Cross, see t'ros& ; sacra- mental, see Sacraments Silvia, si.ster of Rufinus, the minister of Theodosius, a.d. 385, 36 note 70 Simeon of Thessalonica, a Greek bishop who died 1429 a.d., author of a treatise on the Temple, 374 note 19 Simoii Magus, the tonsure of, 260 note 29 Simoniacal ordination, 229 Sin defined, 67 ; formal, 68 ; material, 68 ; besetting, 68 ; mortal, 68, 69 ; venial, 69, 70 ; eflfects of, 164 note 149 Singers, readers merged in, 317 ; order of, in Galilean Church, 199 Siricius, Pope, a.d. 384-398, 179 note 7 Sirmond, Jacob, Jesuit editor, died 1651, 53 note 160 Sisiunius, a Novatian bishop, always wore white, 262 note 37 Slavery permitted, 75 Slaves, position of, 74 ; emancipation of, encouraged, 76 ; require lord's consent to be ordained, 241 note 289 Sleeves, 106 note 153, 264 note 44 Smaragdus, Abbot, circa 824 a.d., 159 note 123 Socrates, a.d. 380-445, the historian, 98 note 98 Solemn prayers, 9, 64 ; administration of sacraments, 9, 10 ; of baptism, 44 ; Eucharist, 64, 113, 115, 139 ; conse- cration of the chrism, 55 ; penance, 141 ; consecration of sick man's oil, 172 ; ordination to hierarchical order, 201, 216 note 169 ; betrothal, 335 ; decline of solemn services and acts, 233 Solemnity of prayers, 115 Sovereign and people, 74 ; privileges of, 79 Sozomen, Hermias, author of an'ecclesi- astical history from A.D. 323-439, 98 note 103 Spanish form of baptism, 27 ; use in giving communion, 130 ; rule as to marriage of clergy, 273 Index. 413 Spirit, sacramental gift of, ri'(inir<'s praj-er and fasting, 31, 44, 55, 9.'), 226; action of, at baptism. 23, 24, 28 ; throngii the ointment, 31 ; at confirmation, .'.3 ; in the Eucharist, 89, 112; in penance, 14", 169; in order, ISO, 1S2, 226 Sponsors in baptism, 39 ; their duties, 40 note 89 ; in confirmation, 58 Sponsorship establishes a spiritual re- lationship, 41, 58 Spoon for communitm, 123 St. l^avid's, the Queen a cursal pre- bendary of, 79 Staff, the bishop's, 205 Stapledon, Bishop of Exeter, A.n. 1307- 1326, 376 note 22 Station-days, 113 Statutes of the ancient Churcii, some- times called Fourth Council of Car- thage, a collection of canons made at Aries by St. Cesarius, a.d. 503-542, 19 note 87 Stephen I., Pope, a.d. 253-257, 48 note 135 II., Pope, A.D. 752-757, 104 note 142 cTLx^P'-ov or alb, 262 note 33 Stola or gown, 107, 261 note 32, 204 note 44 Stole, 105 note 150 ; used in ordaining, 208 Stratford, Archbishop of Canterbury, A.D. 1333-1349, constitutions of, 1342, 1343, 146 note 44 Subdeacons, 193 ; their duties, 308 ; ordination of, 198 ; in Greek Church, 199 ; representative laymen, 310 ; read the Epistle, 310 Subdeacon's vestment, 107 Subdiaconate, 307 ; a lower grade of deacons, 307 ; an oflSce of service, 308 ; a holy order, 188, 308 ; a hier- archical order, 191, 308 Subumblem, 104 note 144 Sudarium, 104 note 144 Sudbury, Simon, Archbishop of Can- terbury, A.D. 1375-1381, 121 note 238 Suffrages defined, 379 ; not corporate prayers, 61; of benctliction, 377; only effectual to those within the communion of saints, 379 ; three kinds of, 380 ; for whom may be made, 381 Sunday a liturgical day, 1 1 :! (TiVra^ts, 37 Superhumerale, 104 note 144 Superpositio, or forty hours' fast, 22() note 208 Surplice, 104, 107 Susceptore.s, 40 note 89 Sylvester, Bishop of Rome, A.D. 314- 336, 316 note 283. Symbols of office delivered in ordaining, 198, 203 Symbolum, the creed, 36 note 60 Symmachus, Pope, a.d. 498-512, IGO note 153 Synaxis, 115 Tabeunacle, introduction of, 135 Taper, lighted in baptism, 32 Tarragona, Council of, A.D. 813, 58 note 189 Teachers, 285. See Prcachiwj and Catechist Telepte, Council of, A.D. 418, 276 note 111 Telete, a name for the Eucharist, 81 note 11 Terce, to precede the solemn Eucharist, 113 Territorial arrangement of the Church, 285 Tertullian became a Montanist circa 200 A.D., 24 note 10 Testimonials required for order.s, 220 ; for admission to communion, 1"2(; note 266. See Letters Theodore of Mopsuestia, A.D. 381-42S, 287 note 148 Theodore of Tarsus, Archbishop of Canterbury, a.d. G68-690, 31 note 45 Theodoret, Bishop of Cyrus, flourished circa a.d. 434 ; a biblical com- mentator, 51 note 147, 211 note 151 414 Index. Theodnlf, Bishop of Orleans, died a.d. 881, 21 note 99; his capitularies authorised in this country in 994 A.D. Thomas of Aquino, a Dominican, the angelical doctor, A.D. 1226-1274, 148 note 68 Thomassin, Louis, French author of treatises on the Church, died 1695, 131 note 296 Thomists, 15 note 69 Thorsby, John, Archbishop of York, A.D. 1353-1374, constitutions of, A.D. 1363, 147 note 60 Bwla, 81 note 10 Tide-songs, 268 note 73. See Hour- service Title required for orders, 245 Toledo, First Council of, a.d. 400, 55 note 174 ; Second, A.D. 531, 75 note 278 ; Third, a.d. 589, 20 note 95 ; Fourth, A.D. 633, 19 note 87 ; Fifth, .■\.D. 636 ; Sixth, a.d. 638, 76 note 287 ; Seventh, A.D. 646, 95 note 80 ; Eighth A.D. 653, 1. note 1 ; Ninth, A.D. 655, 76 note 287 ; Tenth, a.d. 656, 133 note 310 ; Eleventh, a.d. 675, 93 note 67 ; Twelfth, a.d. 681, 96 note 87 ; Thirteenth, a.d. 683, 87 note 48 ; Fourteenth, a.d. 684 ; Fifteenth, a.d. 688 ; Sixteenth, a.d. 693, 83 note 19 ; Seventeenth, a.d. 694, 21 note 102 Tonsure, origin of, 258 ; originated with monks, 259, 325 note 349 ; called the crown, 259 ; Roman form of, 260 ; introduced into England, 260 notes 30 and 31 Tonsured persons, 186, 325 ; in what sense an order, 326 Tournely, Honoratus, author of Prae- lectiones Theologicae, died 17-9, 10 note 43 Tours, Council of, a.d. 430, 213 note 157 ; Second, a.d. 567, 110 note 178 ; Third, A.D. 813, 123 note 251 ; a.d. 850, 107 note 108; a.d. 1065, 250 note 341 Towers used as Eucharistials in the Galilean Church, 134 Trade, duties of clergy in respect of, 267, 269 Transmission, gifts of the Spirit im- parted by, 182 note 20 Treasurer succeeds to the deacon as having charge of Church-offerings, 307 Treasury, mystic, 389 Treves, Council of, a.d. 895, 85 note 27 Triduanum, 386 note 64 Trullan Council, or Council in Trullo, or Quini-Sext, a.d. 692, 17 note 79 Truth, Christ as the, 280 Tsangae, 264 note 50 Tunic, 107; given to the Epistoler- subdeacon, 200 Turin, Council of, a.d. 401, 217 note 170 Ubbles offered at the Eucharist, 90 Unattached clergy, 245, 273, 288 note 150. See Title Unction, sacrament of, 4. See Confir- mation Unction, sacrament of extieme. See A nnealing Unction day, 55 Universal commission, 285 Unleavened bread, use of, 83 Urban ii.. Pope, A.D. 1088-1099, 153 note 91 III., Pope, a.d. 1185-1187, 228 note 219 Usury, a bar to orders, 241 ; forbidden to clergy, 267 Vaison, Council of, a.d. 442, 57 note 183; Second Council of, a.d. 529, 115 note 213 Valentia, Council of, A.D. 374, 242 note 297 Valentinians, 325 note 345 Validity of baptism, 47 ; of order, 197 ; defined, 213 Verba de futuro, 335, 336 note 35 ; hidcx. 415 marriage by icrba di pnieiKiid, 'S'>7, 340 note 62 Veil ill haptistn, 32 (aee Mystu) ; to be worn by women when connnunicat- ing, 1-29 note 288 \'erniiers, Council of, A.n. 7rt2, 3Jl note SO V.-spers, 96, 111, 268 note 72 \'i's,sels, sacred, not to be touched by women, 103 Wstnients, Kucharistic, 103 ; ordinary vestments, 261, 262 Viaticum, 133, 155 note 101 ; to be conveyed to the dying, 137 N'ictor, Hugo of St., circa lli'D A.n., 279 note 121 Vienne, Council of, A.n. 1311, 3r)7 note ir.o ^'igil praj-ers. 111 X'illages become cures of souls, 273 \'dlage clergy allowed to marry, 274 \'iolence, precluding consent, makes marriage void, 354 Virgins, consecrated, respect for, 73 ; order of, 194, 320; consecration of, 292, 320 ; age of, 321 ; duties of, 321 ; represented by cloistered nuns 324 ^'irtues, theological, 70 ; cardinal, 70 \'ows, order of those under, 178 ; simple, 335 ; solemn, 333, 357 Walafrid, Stuabo, died a.d. 849, 116 note 225 Washing of the feet, 21 ; after bap- tism, a Gallican practice, 33 note 51 Water, a sacramental sign, 18 ; used pure in baptism, 24 ; holy, 372, 373 ; the benefice of, 374 Way, Christ the, 278 Wedlock, 329 ; carnal, 329; the sacra- ment of the imperfect, 329 ; three- fnld aspect of, 329 ; two parts iu, 331 ; the betrothal, 331 ; the nup- tials, 337 ; ratified, 337 ; consum- mated, 337 ; essentials of, 337 ; consent, 337 ; sexual union, 338 ; matter and form of, 339 ; minister of, 340 ; effect of, 341 ; exclusion of polygamy, 342; excepted cases, 343 ; lawful or non - sacramental, 346 ; duties of clergy in respect of, 267, 271 ; allowed to tho.se below the subdiaconate, 272 ; spiritual, 320, 348 ; irregular, caused by obstruc- tive impediments, 349 ; invalid, ow- ing to destructive impediments, 352; when dissoluble, 347 note 96, 364, 366 Wednesday, a station day, 113, 226 note 208 Wergild, 383 note 55, 384 White garment iu baptism, 32, 104 Widows, the Church's altar of incense, 73 ; two kinds of, 323 note 338 ; order of, 191, 320 ; an order of in- tercession, 322; not ordained, 322; their duties, 322 ; may not remarry, 323 ; the canonesses of the Middle Ages, 324 Wihtraed, King of Kent, a.d. 6!l0- 725, Dooms of, a.d. 696, 259 note 24 William the Conqueror's mandate, a.d. 1085, 255 note 11 William of Auxerre, 10 note 41 Willibrord's Judicium dementis, a.d. 690, 124 note 255 Winchester, Robert, Archbi.shop of Canterbury, a.d. 1294-1313, consti- tutions of, 1305, 107 note 158 Wine, Eucharistic, 83, 84, 85 ; use of unconsecrated, in thirteenth century, 131 Witnesses, Roman view that assistant- bishops are, 219 note 176 Women incapable of order, 14 note 63, 235, 236 note 256 ; not allowed to baptize, 43 ; nor to touch the altar, 1*9 ; nor to communicate at certain times, 126; receive the Eucharist on a housel towel, 129 ; and veiled, 129 ; confession to be made by, out- side Lenten veil, 155 ; nor to act as singers in Church, 276 note 113, 317; orders of, 318 Worcester, Synod of, a.d. 1260, under Cantihipe, 137 note 336 416 hidex. Worms, Council of, A.D. 86S, 324 note 3H Worship of the Church, 90 ; duties of clergy in respect of, 267 York, Council of, a.d. 1]9;1, 127 note 274 Zaccharias, Pope, a.d. 711-752, 233 note 272 Zonffi, 264 note 50 Zosimus, Pope, A.ix 417, 418, 224 note 196 Zouche, Archbishop of York, a.d. 1340- 1353, 258 note 20 Printed by Ballantyne, Hanson & Co. Edinburgh and London '4hW¥7^i^^H ■(^m^^^^Imt^^^S^