Presbyters Uniwersytet Warszawski
ID
ER 404
Canon 3 of the Council of Riez (Gaul) AD 439 describes the rights and limitations of the office of a chorbishop.
[Capitulum secundum cod. C] IV (sic!). De indulto eidem uel quo epi nomine.
[Capitulum secundum A, N, R, T, t] Numera varia. De indulto eidem peregrini uel coepiscopus nomine.
[Capitulum secundum codd. A et R] III. Vt qui instabilia usurpare praesumpserint, nullis ordinariis interfuturos esse conciliis.
[Capitulum secundum coll. Hispanam] III. De haereticis et schismaticis episcopis si ad catholicam fidem uenerint, quid observant.
[Capitulum secundum P. Crabbe, Concilia, fol. CCCXX] III. De haereticis et schismaticis episcopis, si ad catholicam fidem uenerint, quid observari debeat.
 
III. Quod ergo in quibusdam schismaticis [magis quam haereticis] recipiendis Nichenum concilium statuit, a singulis per territoria sua hoc etiam praesens conuentus in hoc statuit ab omnibus debere seruari, idest ut cuicumque de fratribus tale aliquid caritatis consilia dictauerint, liceat ei unam parrociarum suarum ecclesiam cedere, in qua aut chorepiscopi nomine, ut idem canon loquitur, aut peregrina, ut aiunt, communione frueretur.
Primum itaque statuitur ut hoc in qualibet prouincia praeterquam in Alpina Maritima liceat; quam si aliqua in parte accesserit, ut malorum incitator et quietis impatiens, damnationi quam in se prouocauerat subiacebit. Sed et si quis eidem quidquam ex his quae statuta sunt transgredienti communicauerit, a communione omnium fiet alienus.
Deinde ut quolibet in loco praeterquam in publico agantur, ne quisquam ei locus decernatur quem curiae et ciuitatis species aut ordo nobilitat; additur ne unquam in ciuitatibus uel sub episcoporum absentia offerre praesumat, nec ordinare uel ultimum clericum, nec in ea quidem ecclesia quae illi cuiuscumque misericordia fuerit attributa, nec ulli episcoporum uel succedente aetate assumpto in rudimentis suis huic in aliquo quasi pro aetatis reuerentia cedere liceat, nec usquam ipsi quidquam de episcopalibus officiis usurpare, praeterquam in ecclesia quam cuiusquam misericordia fuerit indeptus, in qua ei solum neophytos confirmare et ante presbyteros offerre conceditur.
Quod si unquam, aliquid caritate alterius prouocatus, de habitationis commutatione uariauerit, non aliter in alia ecclesia requiem accipiat quam priori renuntiauerit, nec omnino unquam duarum ecclesiarum gubernationem obtineat, cui etiam in ea quae ipsi ceditur ministros a ciuitatis episcopo necesse est ordinari.
Sane quia ministrorum mentio facta est et nonnulli ab ipso inuenti excommunicati temere in clero prouecti dicerentur, statutum est eos qui ita assumpti essent deponendos; quibus autem nulla conuersationis macula praeiudicaret, prout Ebrodunensi sacerdoti constituendum uisum esset, aut in ecclesiae suae ministerio tenendos, aut ad ipsum quocumque habitasset transferendos. Plebi quam acceperit ex constitutionis huius permissione benedicere et, ut supra definitum est, in una eadem que ecclesia neophytos confirmare, in castellis ac uicis totum ille ante presbyteros sicubi uenerit liceat, quod in ciuitatibus omnino proscribitur.
 
(ed. Munier 1963: 66-68, 74-75)
[Title according to the codex C] IV [sic!]. On the rights of those who are called bishops.
[Title according to A, N, R, T, t]  Numbers vary. On the rights of those who wander [peregrini] or are called co-bishop.
[Title according to the codices A and R]  III. That those who dared to usurp chattels cannot participate in the ordinary councils.
[Title according to the Hispana collection] III. Concerning what  the heretic and schismatic bishops should observe, if they would come to the Catholic faith.
[Title according to P. Crabbe, Councils, fol. CCCXX] III. Concerning what the heretic and schismatic bishopsshould observe, if they would come to the Catholic faith.
 
III. What was therefore decreed by the Nicean council [can. 8] concerning receiving some of the schismatics (rather than heretics), this gathering established that should be observed as well by every [bishop] in his territory. Hence, if to anyone of the brothers [i.e. bishops] something of this sort [i.e. receiving a schismatic] was dictated by the counsel of the heart, it is allowed to cede to him [i.e. the schismatic] a church from one of his parishes [parrocia], in which he would receive the title of chorbishop (as the same canon [of the Nicean council] dictates) or the so-called peregrine communion [communio peregrina].
Firstly, let it be decreed that this is permitted in every province with the exception of Alpina Maritima; if anyone would enter [this province] from whatever place as an initiator of evil and an enemy of peace, he will risk damnation, which he himself has provoked. Also, if someone would communicate with someone who has violated these statutes, he will be denied the communion with everybody.
Secondly, [it is decreed] that they [ex-schismatic bishops] could be granted every place apart of a public one, not to give them a place which would exalt him in rank in the eyes of the city council [curia] and the community [ciuitas]. Additionally, he should not dare to offer [Mass] in cities, especially in the abscence of the bishops, or ordain anyone, even the lower clergy, even in the same church as was assigned to him out of mercy. It is also prohibited to every bishop to cede some [of his prerogatives to a chorbishop] even if he assumed his office at a young age and [would do it] as if out of reverence for the old age. He also cannot usurp any of the prerogatives of the episcopal office anywhere apart from the church which he acquired out of mercy, in which he is allowed only to confirm the neophytes and offer [Mass] before the presbyters.
If he [i.e. the chorbishop] at any time, encouraged by the charity of the other [i.e. local bishop], would change his place of residence, he will not obtain a burial place in any other church than the one he had previously renounced, and he will never gain [the right] to govern two churches. It is necessery for the bishop of a city to ordain the ministers in the church which was ceded to the chorbishop.
Speaking of the ministers: because some of those, who are said to have been excommunicated by him, entered [the ranks] of the clergy, it is decreed that those, of whom it will be proved, should be deposed. Those, however, to whom no illicit behaviour can be attributed, just as it seems should be established in the case of the priest [sacerdos, i.e. bishop] of Embrun himself, should either keep their ministry in the church, or be transfered to the place in which he [i.e. future chorbishop, Armentarius] would live. In the castles and villages wherever he would come, he is permitted to bless the people whom he received by the permission of these statutes and, as it was defined above, in one and the same church [he can] confirm the neophytes, [and generally do] everything in the presence of the presbyters that he is forbidden to do in the cities.
 
(trans. J. Szafranowski)

Discussion:

About communio peregrina see discussion in [252].
 
Embrun (from AD 297) was the capital of the province Alpina Maritima (also called Alpes Maritimae).
 
In loco publico most probably means "in the city".

Place of event:

Region
  • Gaul
City
  • Riez
  • Embrun

About the source:

Title: Council of Riez 439, Concilium Regense anno 439
Origin: Riez (Gaul)
Denomination: Catholic/Nicene/Chalcedonian
The Council of Riez gathered in 439 under Bishop Hilary of Arles to address the problems arising from the illegitimate ordination of Bishop Armentarius of Embrun. The synodal fathers cite the canons of the Council of Turin of AD 398 (see e.g. [379]) and declare Armentarius` ordination invalid. The following are the canons dealing with the problem of bishops who could not be considered as proper bishops (being ill-ordained, or returning from the faith of schismatics or heretics). It is declared that they could be granted the title of chorbishops with their own set of rights and priviliges.
Edition:
Ch. Munier ed., Concilia Galliae a. 314-a. 506, Corpus Christianorum. Series Latina 148, Turnhoult 1963.
 
Translation:
J. Gaudemet, Conciles gaulois du IVe siècle, Sources chrétiennes 241, Paris 1977

Categories:

Change of denomination
    Described by a title - Presbyter/πρεσβύτερος
      Ritual activity - Eucharist
        Ritual activity - Ordaining
          Ritual activity - Anointment with chrism
            Relation with - Bishop/Monastic superior
              Described by a title - Minister/λειτουργός/ὑπηρέτης
                Religious grouping (other than Catholic/Nicene/Chalcedonian) - Religious grouping
                  Equal prerogatives of presbyters and bishops
                    Functions within the Church - Chorbishop
                      Please quote this record referring to its author, database name, number, and, if possible, stable URL: J. Szafranowski, Presbyters in the Late Antique West, ER404, http://www.presbytersproject.ihuw.pl/index.php?id=6&SourceID=404