Canon X.
They
who have been made deacons,
declaring when they were ordained that they must marry, because they
were not able to abide so, and who afterwards have married, shall
continue in their ministry, because it was conceded to them by the
bishop. But if any were silent on this matter, undertaking at
their ordination to abide as they were, and afterwards proceeded to
marriage, these shall cease from the diaconate.
Notes.
Ancient Epitome of Canon X.
Whoso is to be ordained deacon, if he has before
announced to the bishop that he cannot persevere unmarried, let him
marry and let him be a deacon; but if he shall have kept silence,
should he take a wife afterwards let him be cast out.
Van Espen.
The case proposed to the synod and decided in this canon
was as follows: When the bishop was willing to ordain two to the
diaconate, one of them declared that he did not intend to bind himself
to preserving perpetual continence, but intended to get married,
because he had not the power to remain continent. The other said
nothing. The bishop laid his hands on each and conferred the
diaconate.
After the ordination it fell out that both got married,
the question propounded is, What must be done in each case? The
synod ruled that he who had made protestation at his ordination should
remain in his ministry, “because of the license of the
bishop,” that is that he might contract matrimony after the
reception of the diaconate. With regard to him who kept silence
the synod declares that he should cease from his ministry.
The resolution of the synod to the first question shews
that there was a general law which bound the deacons to continence; but
this synod judged it meet that the bishops for just cause might
dispense with this law, and this license or dispensation was deemed to
have been given by the bishop if he ordained him after his protestation
at the time of his ordination that he intended to be married, because
he could not remain as he was; giving by the act of ordination his
tacit approbation. Moreover from this decision it is also evident
that not only was the ordained deacon allowed to enter but also to use
matrimony after his ordination.…Moreover the deacon who after
this protestation entered and used matrimony, not only remained a
deacon, but continued in the exercise of his ministry.
On the whole subject of Clerical Celibacy in the Early
Church see the Excursus devoted to that matter.
This canon is found in the
Corpus Juris
Canonici
.
Decretum
Pars I., Dist. xxviii, c.
viii.