Canon XIII.
Since
we know it to be handed
down as a rule of the Roman Church that those who are deemed worthy to
be advanced to the diaconate or presbyterate should promise no longer
to cohabit with their wives, we, preserving the ancient rule and
apostolic perfection and order, will that the lawful marriages of men
who are in holy orders be from this time forward firm, by no means
dissolving their union with their wives nor depriving them of their
mutual intercourse at a convenient time. Wherefore, if anyone
shall have been found worthy to be ordained subdeacon, or deacon, or
presbyter, he is by no means to be prohibited from admittance to such a
rank, even if he shall live with a lawful wife. Nor shall it be
demanded of him at the time of his ordination that he promise to
abstain from lawful intercourse with his wife: lest we should
affect injuriously marriage constituted by God and blessed by his
presence, as the Gospel saith: “What God hath joined
together let no man put asunder;” and the Apostle saith,
“Marriage is honourable and the bed undefiled;” and again,
“Art thou bound to a wife? seek not to be loosed.”
But we know, as they who assembled at Carthage (with a care for the
honest life of the clergy) said, that subdeacons, who handle the Holy
Mysteries, and deacons, and presbyters should abstain from their
consorts according to their own course [of ministration]. So that
what has been handed down through the Apostles and preserved by ancient
custom, we too likewise maintain, knowing that there is a time for all
things and especially for fasting and prayer. For it is meet that
they who assist at the divine altar should be absolutely continent when
they are handling holy things, in order that they may be able to obtain
from God what they ask in sincerity.
If therefore anyone shall have dared, contrary to the
Apostolic Canons, to deprive any of those who are in holy orders,
presbyter, or deacon, or subdeacon of cohabitation and intercourse with
his lawful wife, let him be deposed. In like manner also if any
presbyter or deacon on pretence of piety has dismissed his wife, let
him be excluded from communion; and if he persevere in this let him be
deposed.
Notes.
Ancient Epitome of Canon
XIII.
Although the Romans wish that everyone ordained deacon
or presbyter should put away his wife, we wish the marriages of deacons
and presbyters to continue valid and firm.
Fleury.
(
H. E
., Livre XL., chap.
1.)
What is said in this canon, that the council of Carthage
orders priests to abstain from their wives at prescribed periods, is a
misunderstanding of the decree, caused either by malice or by
ignorance. This canon is one of those adopted by the Fifth
Council of Carthage held in the year 400, and it is decreed that
subdeacons, deacons; priests, and bishops shall abstain from their
wives, following the ancient statutes, and shall be as though they had
them not. The Greek version of this canon has rendered the Latin
words
priora statuta
by these,
idious horous
, which may
mean “fixed times”: for the translator read,
following another codex,
propria
for
priora
. Be
this as it may, the Fathers of the Trullan council supposed that this
obliged the clergy only to continence at certain fixed times, and were
not willing to see that it included bishops as well.
Van Espen.
Although the Latin Church does not disapprove,
360
as contrary to the law of the Gospel the
discipline of the Greeks which allows the use of marriage to presbyters
and deacons, provided it was contracted before ordination; yet never
has it approved this canon which with too great zeal condemns the
opposite custom, and rashly assigns great errors to the Roman
Church.
This canon is found in the
Corpus Juris Canonici
,
Gratian’s
Decretum
, Pars I., Dist. XXXI., c. xiij.
Antonius Augustinus in his proposed emendations of
Gratian says (
Lib
. I.
dial. de emend. Grat
. c. 8.):
“This canon can in no way be received; for it is written in
opposition to the celibacy of the Latin priests, and openly is against
the Roman Church.” But to me the note which Gratian appends
seems much more learned and true: “This however must be
understood as of local application; for the Eastern Church, to which
the VI. Synod prescribed this rule, did not receive a vow of chastity
from the ministers of the altar.” It may be well to note
here that by the opinion of most Latin casuists the obligation to
chastity among the Roman clergy rests upon the vow and not upon any law
of the Church binding thereto. This evidently was the opinion of
Gratian.
360
Clement VIII. made a
decree in conformity with this canon that a Greek presbyter who was
married shall abstain from his wife for a week or three days before he
offered the sacrifice of the mass.
Const.
33,
in Bull.
Rom
(
cit
. Van Espen
l. c
.)