[2734] Comp. Rom. i. 32.
II.
(Of those who have intercourse with excommunicated persons, or with unbelievers.)
Those, too, who are excommunicated by the priests, let no one receive previous to the just examination of both sides; nor let him have any intercourse with such in speech, or in eating or drinking, or in the salutation with the kiss, nor let him greet such; because, whosoever wittingly holds intercourse with the excommunicated in these or other prohibited matters, will subject himself, according to the ordinance of the apostles, [2735] to like excommunication. From these, therefore, let clergy and laity keep themselves if they would not have the same penalty to endure. Also do not join the unbelievers, neither have any fellowship with them. They who do such things, indeed, are judged not as believers, but as unbelievers. Whence the apostle says: "What part hath he that believeth with an infidel? or what fellowship hath righteousness with unrighteousness?" [2736]
[2735] The reference is to the 11th and 12th of the canons of the apostles. [Vol. vii. p. 501, this series.]
[2736] 2 Cor. vi. 14, 15.
III.
(That no bishop should presume in anything pertaining to another's parish, and of the transference of bishops.)
Let no one, again, trespass upon the boundaries of another, nor presume to judge or excommunicate one belonging to another's parish; because such judgment or ordination, or excommunication or condemnation, shall neither be ratified nor have any virtue; since no one shall be bound by the decision of another judge than his own, neither shall he be condemned by such. Whence also the Lord speaks to this effect: "Pass not the ancient landmarks which thy fathers have set." [2737] Moreover, let no primate or metropolitan invade the church or parish of a diocesan (dioecesani), or presume to excommunicate or judge any one belonging to his parish, or do anything without his counsel or judgment; but let him observe this law, which has been laid down by the apostles [2738] and fathers, and our predecessors, and has been ratified by us: to wit, that if any metropolitan bishop, except in that which pertains to his own proper parish alone, shall attempt to do anything without the counsel and good-will of all the comprovincial bishops, he will do it at the risk of his position, and what he does in this manner shall be held null and void; but whatever it may be necessary to do or to arrange with regard to the cases of the body of provincial bishops, and the necessities of their churches and clergy and laity, this should be done by consent of all the pontiffs of the same province, and that too without any pride of lordship, but with the most humble and harmonious action, even as the Lord says: "I came not to be ministered unto, but to minister." [2739] And in another passage He says: "And whosoever of you is the greater, shall be your servant," [2740] and so forth. And in like manner the bishops of the same province themselves should do all things in counsel with him, except so much as pertains to their own proper parishes, in accordance with the statutes of the holy fathers (who, although they have preceded us by a certain interval of time, have yet drawn the light of truth and faith from one and the same fountain of purity, and have sought the prosperity of the Church of God and the common advantage of all Christians by the same enlightening and guiding Spirit), that with one mind, and one mouth, and one accord, the Holy Trinity may be glorified for ever. No primate, no metropolitan, nor any of the other bishops, is at liberty to enter the seat of another, or to occupy a possession which does not pertain to him, and which forms part of the parish of another bishop, at the direction of any one, unless he is invited by him to whose jurisdiction it is acknowledged to belong; nor can he set about any arrangement or ordinance, or judgment there, if he wishes to keep the honour of his station. But if he presume to do otherwise, he shall be condemned; and not only he, but those who co-operate and agree with him: for just as the power of making appointments (ordinatio) is interdicted in such circumstances, so also is the power of judging or of disposing of other matters. For if a man has no power to appoint, how shall he judge? Without doubt, he shall in no wise judge or have power to judge: for just as another man's wife cannot intermarry with anyone (adulterari), nor be judged or disposed of by any one but by her own husband so long as he liveth; so neither can it in anywise be allowed that the wife of a bishop, by whom undoubtedly is meant his church or parish, should be judged or disposed of by another without his (the bishop's) judgment and good-will so long as he liveth, or enjoy another's embrace, that is, his ordaining. Wherefore the apostle says: "The wife is bound by the law so long as her husband liveth; but if he be dead, she is loosed from the law of her husband." [2741] In like manner also, the spouse of a bishop (for the church is called his spouse and wife) is bound to him while he liveth; but when he is dead she is loosed, and may be wedded to whomsoever she will, only in the Lord, that is, according to order. For if, while he is alive, she marry another, she shall be judged to be an adulteress. And in the same manner, he too, if he marry another of his own will, shall be held to be an adulterer, and shall be deprived of the privilege of communion. If, however, he is persecuted in his own church, he must flee to another, and attach himself to it, as the Lord says: "If they persecute you in one city, flee ye into another." [2742] If, however, the change be made for the sake of the good of the church, he may not do this of himself, but only on the invitation of the brethren, and with the sanction of this holy seat, and not for ambition's sake, but for the public good.
[2737] Prov. xxii. 28.
[2738] Canons 35 and 36. [Vol. vii. p. 503.]
[2739] Matt. xx. 28.
[2740] Mark x. 44.
[2741] Rom. vii. 2.
[2742] Matt. x. 23.
IV.
(Of marriages among blood-relations, and of those who are born of them; and of accusations which the laws reject.)
Moreover, marriages among blood-relations are forbidden, since all laws, both sacred and secular, forbid such. Wherefore the divine laws not only expel, but even anathematize, those who do so, and those who spring from them. Secular laws, again, call such persons infamous, and interdict them from inheriting. And we too, following our fathers, and keeping close by their footsteps, brand such with infamy, and hold them to be infamous, because they are sprinkled with the stains of infamy. Neither ought we to admit those men or their accusations, that secular laws reject. (For who doubts that human laws, when they are not inconsistent with reason and honour, are to be embraced, especially when they either further the public good or defend the authority of the ecclesiastical office, and uphold it as a help?) And we call those blood-relations whom divine laws, and those of the emperors, both Roman and Greek, name blood-relations, and whom they admit to the right of inheriting, and cannot exclude from that. Marriages, then, between such are neither lawful nor capable of holding good, but are to be rejected. (And if any such are attempted in rash daring, they come to be rescinded by apostolic authority.)
V.
(Of those who ought not to be admitted to prefer an accusation, or to bear witness; and that evidence is not to be given but on things happening in the person's presence.)
Whosoever, therefore, has not been lawfully married, or has been united without the dotal title (dotali titulo) and the blessing of a priest, cannot by any means bring a charge against priests, or those who are lawfully married, or bear witness against them, since every one who is polluted with the stain of incest is infamous, and is not allowed to accuse the above-named. And consequently not only they, but all those too who agree with them, are to be rejected, and are rendered infamous. We hold that the same should also be the case with robbers, or with those who assault the elderly. The laws of the world, indeed, put such persons to death; but we, with whom mercy has the first place, receive them under the mark of infamy to repentance. That infamy also with which they are stained, we are not able to remove; but our desire is to heal their souls by public penitence, and by satisfaction made to the Church: for public sins are not to be purged by secret correction. Those, again, who are suspected in the matter of the right faith, should by no means be admitted to prefer charges against priests, and against those of whose faith there is no doubt; and such persons should be held of doubtful authority in matters of human testimony. Their voice, consequently, should be reckoned invalid whose faith is doubted; and no credit should be given to those who are ignorant of the right faith. Accordingly, in judgment, inquiry should be made as to the conversation and faith of the person who accuses, and of him who is accused; since those who are not of correct conversation and faith, and whose life is open to impeachment, are not allowed to accuse their elders, neither can such permission be given to those whose faith and life and liberty are unknown. Nor should vile persons be admitted to accuse them. But a clear examination is to be made as to what kind of persons the accusers are (rimandæ sunt enucleatim personæ accusatorum); for they are not to be admitted readily without writing, and are never to be admitted as accusers on mere writing. For no one may either accuse or be accused by mere writing, but with the living voice; and every one must lay his accusation in the presence of him whom he seeks to accuse. And no credit should be given to any accuser in the absence of him whom he seeks to accuse. In like manner, witnesses must not prefer their evidence by writing only; but they must give their testimony truthfully in their own persons, and in matters which they have seen and do know. And they are not to give evidence in any other cases or matters but in those which are known to have happened in their presence. Accusers, moreover, of one blood, are not to bear witness against those who are not related to the family, nor is that to be the case with domestics (familiares) or those proceeding from the house; but if it is their wish, and they agree among themselves, the parents only should give evidence in such cases, and not others. Neither accusers nor witnesses should be admitted who are open to any suspicion; for the feeling of relationship, or friendship, or lordship, is wont to impede the truth. Carnal love, and fear, and avarice, commonly blunt the perceptions of men, and pervert their opinions; so that they look on gain as godliness, and on money as the reward of prudence. Let no one, then, speak deceitfully to his neighbour. [2743] The mouth of the malevolent is a deep pit. The innocent man, while he believes easily, falls readily; but though he falls, he rises; and the shuffler, with all his arts, goes headlong to ruin, whence he can never rise or escape. Therefore let every one weigh well his words, and let him not say to another what he would not say to himself. Whence the sacred Scripture says well: "Do not that to another which thou wouldest not have done to thyself." [2744] For we need time to do anything perfectly (maturius); and let us not be precipitate in our counsels or our works, neither let us violate order. But if any one has fallen in anything, let us not consign him to ruin; but let us reprove him with brotherly affection, as the blessed apostle says: "If a man be overtaken in any fault, ye which are spiritual restore such an one in the spirit of meekness; considering thyself, lest thou also be tempted. Bear ye one another's burden, and so will ye fulfil the law of Christ." [2745] Furthermore, the sainted David had deadly crimes to repent of, and yet he was continued in honour. The blessed Peter also shed the bitterest tears when he repented of having denied the Lord; but still he abode an apostle. And the Lord by the prophet makes this promise to the sinning: "In the day that the sinner is converted, and repenteth, I will not mention any more against him all his transgressions." [2746]
[2743] Ps. xxiv. 4.