THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ II ~ |
HE
WHO IN OTHER RESPECTS IS PROVED TO BE WORTHY OF THE EPISCOPAL DIGNITY
IN ACCORDANCE WITH THE SACRED AND DIVINE CANONS OF THE CHURCH, EVEN
THOUGH HE MAY HAVE CHILDREN BORN IN LAWFUL MARRIAGE, SHALL NOT, FOR
THIS REASON, BE PREVENTED FROM OBTAINING THE OFFICE, OR WHERE ANYONE
IS WORTHY OF A HIGH SACERDOTAL DIGNITY, HE SHALL NOT BE EXCLUDED FROM
IT, MERELY BECAUSE HE HAS LEGITIMATE CHILDREN. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to Stephen, Most Holy Archbishop of Constantinople, and
Universal Patriarch. |
As
the divine canons and the other rules, having reference to the priesthood
and the creation of bishops, were drawn up in the best manner
possible (and, indeed, why should they not have been perfect, as their
authors were influenced by Divine inspiration?), it may well be a cause
for astonishment that anyone has ventured to consider them as being
imperfect, and having been abolished, others have been promulgated in
their stead. For although the sacred canons, in describing the creation
of bishops, state that he who has children born in lawful wedlock is
eligible to the first rank of the priesthood, provided his life offers
no other obstacle to his promotion, legislators, having adopted the
contrary opinion, hold that those who have children, even though they
are the issue of legitimate marriages, are not eligible to the episcopal
dignity on account of this impediment, on the ground that perhaps the
affection of the candidate towards his children might be so great that
he would be induced to use the property of the Church for their benefit,
for what else could anyone say? This, however, does not seem to be a
good reason. For the consequence would be that no one could be created
a bishop, if he had any brothers or other relatives living, as the affection
which he might entertain for those who are so nearly related to him
by blood might cause the same apprehensions to arise." Moreover,
the divine canons provided for this, and conferred upon bishops the
authority to relieve the necessities of their indigent relatives by
employing the property of the Church for that purpose. Therefore We,
obedient to the Majesty of God from whom Our power is derived, and thinking
that the provisions of the ancient canons are perfectly proper, do,
in accordance with them, hereby decree — at the same time repealing
all laws in opposition to the same — that any person, who is in other
respects worthy of the first dignity of the Church, shall not be excluded
therefrom for the reason that he has legitimate offspring, and that
whoever may hereafter dare to violate this law shall be condemned to
everlasting silence. |
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