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[Titulum ex cod. M] IX. Si quis eporum in aliene ciuitatis territurio eccle edificare uoluerunt et cetera.

[Titulum ex cod. A, R] IX. Si quis episcoporum in alienae ciuitatis territorio ecclesiam aedificare disponat uel si saecularis idemque oratorium aedificauerit, a quo episcopo debeat (confirmari).

[Titulum ex Collectione Hispana] X [sic!]. De episcopis qui non in possessione sua sed in aliena dioecesi basilicam construxerunt.

Si quis episcoporum in alienae ciuitatis territorio ecclesiam aedificare disponit, uel pro fundi sui aut ecclesiastici uel pro quacumque suorum opportunitate, permissa licentia aedificandi, quia prohibere hoc uotum nefas est, non praesumat dedicationem, quae illi omnimodis reseruatur in cuius territorio ecclesia adsurgit, reseruata aedificatori episcopo hac gratia ut quos desiderat clericos in re sua uidere, ipsos ordinet is cuius territorium est, uel si ordinati iam sunt, ipsos habere acquiescat, et omnis ecclesiae ipsius gubernatio ad eum in cuius ciuitatis territorio ecclesia surrexit, pertinebit.

[...]

(ed. Munier 1963: 80-81, 91-93)

[Title from the codex M] IX. [What to do] if one of the bishops would want to build a church in the territory of another city and so on.

[Title from the codices A, R] IX. [What to do] if one of the bishops would order a church to be built in the territory of another city or if a layman would also build an oratory, by which bishop should it be (sanctioned).

[Title from the Hispana Collection] X [sic!]. On bishops who build a basilica not in their lands but in another diocese.

If one of the bishops wants to build a church in the territory of another city, either on his own estate or the ecclesiastical one, to whatever advantage of his kin, having obtained the permission to build – as it would be wrong to disallow such offering – he should not dare to dedicate [this church], because [this privilege] is reserved to the [bishop] whose territory this church belongs to. This favour should be reserved for the bishop who inititated the construction that he can choose the clerics whom he would see [fit to serve] in his property. They should be ordained by the bishop in whose territory the church [was built] and, if they are already ordained, the same bishop should accept them. [However, the founder bishop] should accept that the full control over this church is to be given to the bishop of the city in whose territory [it stands].

[...]

(trans. J. Szafranowski)

Discussion:

This canon is repeated in the so-called Second Council of Arles as canon 36 (35) (see Munier 1963: 121; e.g. [549]).

Place of event:

Region

Gaul

City

Orange

About the source:

Title: First Council of Orange 441, Concilium Arausicanum I anno 441
Origin: Orange (Gaul)
Denomination: Catholic/Nicene/Chalcedonian

The First Council of Orange gathered in 441 under Bishop Hilary of Arles. Some sixteen bishops were present, along with their presbyters and deacons, including one presbyter who was sent by the bishop in his stead (see [444]).

Edition:

Ch. Munier ed., Concilia Galliae a. 314-a. 506, Corpus Christianorum. Series Latina 148, Turnhoult 1963.

Categories:

Travel and change of residence

Ecclesiastical transfer

Described by a title - Clericus

Relation with - Bishop/Monastic superior

Impediments or requisits for the office - Ecclesiastical career

Please quote this record referring to its author, database name, number, and, if possible, stable URL: J. Szafranowski, Presbyters in the Late Antique West, ER2137, http://www.presbytersproject.ihuw.pl/index.php?id=6&SourceID=2137