A new history of ecclesiastical writers containing an account of the authors of the several books of the Old and New Testament, of the lives and writings of the primitive fathers, an abridgement and catalogue of their works ... also a compendious history of the councils, with chronological tables of the whole / written in French by Lewis Ellies du Pin.

Of the COUNCIL of Eliberis or. Elvira.

THE place a 1.1 and time b 1.2 of the Council of Eliberis are very uncertain. Some have thought that * 1.3 this Council was assembled in a City of Gallia Narbonensis; others say that this City was in Boetica; and the most Learned think that this City of Eliberis was the same with Granada. As to the time, some Authors have placed it at the end of the Third Century, others have remov'd it unto the end of the Fourth, but the most probable Opinion is, that it was assembled at the beginning of the Fourth Century, before the Councils of Arles and Nice, about the Year 305. The little Order that is observed in the Canons of this Council, the great variety of Rules that are to be found in it, and the multitude of Canons about different Matters, make some Learned Men think, probably enough, that the Canons attributed to this Council are an ancient Code, or an ancient Collection of the Councils of Spain. However this be, it cannot be doubted, but these Canons are very Ancient and very Authentick.

The Discipline which they establish is very rigorous.

In the 1st. Canon they are depriv'd of Communion, i. e. of Absolution, even at the point of Death, who have voluntarily Sacrificed to Idols after they were baptized.

The 2d. establishes the same Penalty against those, who taking upon them after their Baptism, the Office of Priests to False Gods, were obliged to offer up Sacrifices to Idols by themselves or others, and who have also encreased their Guilt by Murders or Adulteries.

The 3d. moderates this Penalty to those who have only caused profane shows to be represented, and grants them Communion at the point of Death, provided they put themselves under Penance, and that they do not afterwards fall into Adultery.

The 4th. is, That if the Catechumens cause themselves to be chosen Priests to false Gods, and act in profane Shows, their Baptism shall be delay'd for three Years.

The 5th. imposes Seven Years Penance upon a Woman that shall beat her Servant-Maid in such a manner, that she dies within three Days after, if the Woman had a design to kill her; and Five Years Penance if she had no such design: She is acquitted if the Maid dies more than Three Days after.

In the 6th. Canon it is ordain'd, That Absolution shall be refus'd even at Death, to him who shall kill another by Treachery.

The 7th. is, That those who relapse into Adultery after they have undergone Penance, shall not be received even at Death.

The 8th. subjects a Woman to the same Penalty, who has forsaken her Husband without cause, to marry another.

The 9th. declares, That 'tis not lawful for a Woman, tho' she has forsaken her Husband, be∣cause of Adultery, to marry another; and that if she does it, she ought not to be admitted to Com∣munion, till he whom she has married be dead, or at least till the extremity of Sickness make it ne∣cessary to grant it her.

The 10th. allows Husbands to be baptiz'd who have forsaken their Wives, and Wives who have for∣saken their Husbands, for Adultery, while they were Catechumens. But if a Christian Woman mar∣ries a Man who has forsaken his Wife without reason, the Canon ordains, That the Communion of the Church shall be refus'd her, even at the point of Death.

The 11th. Ordains, That Baptism shall be delay'd for the space of Five Years to a Catechumeness who has married a Husband that had divorc'd his Wife without cause.

The 12th. Canon denies Communion at death to Women who prostitute their Daughters.

The 13th. subjects to the same Penalty the Virgins consecrated to God, who spend their Life in Licentiousness, but it grants Absolution at the Point of Death to those who do Penance for their Fault.

The 14th. treats Virgins with much moderation who have lost their Virginity, if they marry those who have abused them; for it ordains, That they should be restored to Ecclesiastical Communion at the end of One Year, without being oblig'd to do Penance; but then it imposes Five Years Penance, if they have had to do with other Men.

The 15th. and 16th. forbid the Faithful to bestow their Daughters in Marriage upon Pagans, Jews or Hereticks, how great soever the number of Virgins be among Christians; and it Or∣dains, That the Fathers who do it shall be separated from Communion for the space of Five Years.

The 17th. denies Absolution even at the Point of Death, to those who give their Daughters in Mar∣riage to the Priests of False Gods.

The 18th. forbids Bishops, Priests and Deacons to leave their Churches to exercise Merchandise, and go to Fairs; but it allows them to Traffick in their own Province, and to send their Children, their Friends and their Servants to trade in Foreign Countries.

The 19th. ordains, That Communion shall be refused, even at the Point of Death, to Bishops, Priests and Deacons who have committed Adultery.

The 20th. declares, That a Clergyman who is discovered to take Interest, should be deposed and re∣moved; That the same Crime should be pardoned in a Layman if he promises to amend it, but if he relapses he is to be cast out of the Church.

The 21st. Canon is, That if any Inhabitant in a City shall be absent from the Church for three Sundays together, he shall be separated from Communion for some time, to signify that he has been punished for his Fault.

The 22d. declares, That he who has abandoned the Church, to go over to a Sect of Hereticks, shall not be received back into the Church again till he has done Penance for Ten Years: As for those who were Children when they were entred into an Heretical Sect and return to the Church, the Canon Ordains, That they shall be Received without any delay.

The 23d. declares, That the ordinary Fasts shall be observed except in the Months of July and Au∣gust, because of the weakness of some of the Faithful.

The 24th. forbids those to be admitted to Sacred Orders, who have been baptized out of their own Country, because their Life is not known.

The 25th. declares, That Credit shall not be given to the Letters of a Confessor, but only to Letters of Communion.

The 26th. forbids Fasting on Saturdays.

The 27th. forbids Bishops and Clergymen to have in their Houses strange Women.

The 28th. forbids Bishops to receive Presents from those that are not in the Communion of the Church.

The 29th. forbids to recite at the Altar the Names of those that are possess'd, and does not permit them to make any Offering themselves in the Church.

The 30th. Ordains, That the Orders of Subdeacon shall not be given to those who have committed Adultery in their Youth, lest they should rise to a higher Degree, and that those who have been Or∣dained shall be degraded.

The 31st. declares, That those may be admitted to Communion who have committed Adultery after Baptism, provided they have fulfilled their Canonical Penance.

The 32d. declares, That when any Persons fall sick, they ought to be received into Ecclesiastical Com∣munion by the Bishop; but yet if the sickness be violent, the Priest may grant them Communion, and even the Deacon if the Bishop command him.

The 33d. Canon prescribes Celibacy to Priests and Deacons.

The 34th. Canon is very obscure: It declares, That Wax-Candles are not be lighted in the Coemite∣ries, because we must not disturb the Spirits of the Saints. Some understand by the Spirits of the Saints the Souls of the Dead: I think that it is more natural to understand by it, the Repose of the Spirits of the Faithful that are alive and may be troubled with a great multitude of Lights in the day-time.

The 35th. redresses a dangerous Abuse; it is set down in these Words.

We have thought fit to hinder Women from spending the Night in the Coemiteries, because oftentimes under pretence of praying they commit in secret great Crimes.

The 36th. has very much exercis'd Divines. Thus it is expressed,

We would not have Pictures placed in Churches, lest the Object of our Worship and Adoration should be painted upon the Walls.

Many Explications have been given of this Passage, but to me it seems better to under∣stand it in the plainest Sence, and to confess that the Fathers of this Council did not approve the use of Images, no more than that of Wax-Candles lighted in full day-light: But these things are Matters of Discipline, which may be used or not, without doing any prejudice to the Faith of the Church.

The 37th. Canon permits Baptism to be given at the Point of Death to those who are acted by an Evil Spirit, and to Catechumens, and does not deprive them of Communion if they be faithful. Pro∣vided, adds the Canon, That they do not publickly light Lamps. This Addition is very obscure, and there is no great necessity of explaining it.

The 38th. declares, That a Christian who is neither Penitent nor Bigamist, may baptize in a case of Necessity, those who are on a Journey, being at a great distance from a Church, upon Condition that he present him to the Bishop if he survive, to be perfected by Imposition of Hands.

The 39th. ordains, That Imposition of Hands shall not be deny'd to Pagans who desire it after they are fallen into some Disease, provided they have led an honest Life. This Canon must be un∣derstood of that Imposition of Hands by which Pagans were plac'd in the Rank of Catechumens, which this Council calls making them Christians.

The 40th. forbids Land-Lords to allow their Farmers or Receivers what they have given for Idols; and if they do it, it imposes upon them a Penance of Five Years.

The 41st. declares, That the Faithful must be admonished not to suffer Idols in their Houses.

The 42d. ordains, That those who give in their Names to be entred into the Church, shall be bap∣tiz'd two Years after, if they lead a regular Life; unless they are obliged to relieve them sooner upon the account of any dangerous Sickness, or that it is judg'd convenient to grant them this Grace sooner because of the fervor of their Prayers.

The 43d. forbids the Celebration of the Feast of Whitsunday before Easter.

The 44th. allows a Woman to be received who has formerly led a lewd Life, when she is converted, and would be made a Christian, after she has renounc'd her Sins.

The 45th. allows Baptism to be given a Catechumen, tho' he has been long absent from Church.

The 46th. imposes 10 Years Penance upon one of the Faithful, who has lived long in the practice of the same Sin, which it looks upon as an Apostacy.

The 47th. ordains, That if one of the Faithful who has a lawful Wife, has committed many Adulteries, fall Sick, and promise to commit this Sin no more, Communion shall not be deny'd him; but if after his Recovery he relapse into his Sin, it shall never more be granted to him.

In the 48th. it is ordain'd, That the baptiz'd shall not put any more Money into the Boxes or Basons, as was commonly done, lest it should be thought, that the Priest gave for Money what he had freely received. It adds, That not the Priests but the Ministers shall wash the Feet of the Baptiz'd.

The 49th. forbids those who possess an Estate in Land, to suffer the Fruits of it to be bless'd by the Jews.

The 50th. Ordains, That those who eat with Jews shall be separated from the Church.

The 51st. forbids to admit into the Clergy those who return from Heresy, and pronounces the Sen∣tence of Deposition against such if they are Ordain'd.

The 52d. declares those worthy of an Anathema, who publish Deformatory Libels.

The 53d. declares, That a Person excommunicated cannot be received but by the Bishop who excommunicated him, and forbids all others to receive him into Communion without the consent of his own Bishop.

The 54th. Ordains, That those Pagans shall be separated from the Church for Three Years who have violated their Promise of Espousals, unless one of the Parties contracted be found guilty of some Crime which hindred them from Marriage.

The 55th. declares, That they shall be received into Communion at the end of Two Years who were Priests of False Gods, who have carried a Crown, but have not sacrific'd nor laid out any Money to the Honour of Idols.

The 56th. separates from the Church a Pagan Magistrate, during the time that he discharges his Office.

The 57th. excommunicates for Three Years those Christian Women who lend their Garments for a profane show.

The 58th. Ordains, That those who bring Letters of Communion shall be examined in all the Churches, and chiefly in that where the First Episcopal Throne is settled, that is, in the Metropoli∣tical Church.

The 59th. forbids Christians to ascend into the Capitol to Sacrifice there, or to see sacrificing there, and imposes Ten Years Penance upon those that fall into this Fault.

The 60th. deprives those of the Title of Martyrs, who are kill'd for overthrowing Idols publickly, because the Gospel commands us not to do any such thing, and we never read that it was practis'd by the Christians in the times of the Apostles.

The 61st. imposes a Penance of Five Years upon him that Marries his Wife's Sister, unless the extre∣mity of Sickness oblige us to give him the Peace of the Church sooner.

The 62d. declares, That an Actor of Plays or a Comedian who would be made a Christian, shall not be received till he has renounced his Profession.

The 63d. denies Communion even at the Point of Death, to such Women as being guilty of Adul∣tery have murder'd their Infants.

The 64th. treats with the same Rigor those Women who have continued all their Life-time in the habitual practice of the Sin of Adultery; but as to those who acknowledg'd their Crime before they were sick, and forsook the Man with whom they had committed this Sin, it grants them Communion after Ten Years Penance.

The 65th. declares, That if a Clergy-man knows that his Wife commits Adultery and sends her not away, he is unworthy of the Communion of the Church even * 1.4 at the Point of Death, lest it should be thought that those who ought to be a Pattern of a regular Life, show an example of Licentiousness.

The 66th. declares, That he who marries his Daughter-in-law shall not receive the Communion even at Death.

The 67th. forbids Women that are of the Faithful or Catechumens, to have Footmen or Pages that are beautiful and well-shap'd.

The 68th. delays the Baptism of a Catechumeness to the Hour of Death, who having committed Adultery murder'd her Child.

The 69th. imposes but Five Years of Penance upon those who have faln but once into the Sin of Adultery.

The 70th. declares, That if a Woman commit Adultery with the consent of her Husband, he is un∣worthy of the Communion at the Point of Death; nevertheless if he divorces her he maybe received af∣ter Ten Years Penance.

The 71st. denies Communion even at the Point of Death * 1.5 to those who have committed most infamous Crimes.

The 72d. declares, That if a Widow commit Adultery, and afterwards marries the same Man with whom she had committed this Sin, she shall be discharg'd for Five Years Penance; but if she marry another, she cannot be reconcil'd, even at the Point of Death, and that if he to whom she marries be one of the Faithful, he shall be put under Penance for Ten Years.

The 73d. denies Communion, even at the Point of Death, to those who have been the cause of the Condemnation or Death of any Man by their false Accusations, and imposes Five Years Penance if the Matter be of less consequence.

The 74th. Ordains, That a false Witness shall be punish'd proportionable to the greatness of the Crime of which he testified falsly: That if the Crime did not deserve Death; and he proves, That he gave testimony with reluctancy, and that he continued long before he was willing to say any thing, he shall be acquitted for Two Years of Penance: But if he does not prove that he was con∣strain'd to give this false Testimony, he shall not be receiv'd into the Communion of the Church till Five Years after.

The 75th. deprives those of Communion, even at the Point of Death, who have falsly accus'd a Bishop, a Priest, or a Deacon.

The 76th. Ordains, That if a Deacon being guilty of a Crime suffers himself to be Ordain'd, he shall be put under Penance for Three Years, if the Crime be discover'd by his own Confession, and Five Years if it be detected by the testimony of another.

The 77th. declares, That if a Deacon who governs a People, baptize any Catechumens without a Bishop or without a Priest, the Bishop ought to consummate, as one may say, the Baptism by his Benediction; but if they die before this be done, they may be saved by the Faith which they had.

The 78th. imposes upon him who commits Adultery with a Pagan or Jewish Woman, a Pe∣nance of Three Years, if he himself confess his Sin, and one of Five Years, if he be convicted of it.

The 79th. forbids playing at Games of Chance, and declares that if any of the Faithful make profes∣sion of playing, he shall be depriv'd of Communion; but if he forsakes this Custom he may be re∣conciled at the end of One Year.

The 80th. Ordains, That Freed-men whose Patrons are Secular Men, shall not be suffer'd to enter into the Clergy.

The last Canon forbids Women to write to Lay-men in their own Names. This Canon is difficult enough, Albaspinaeus understands it of Ecclesiastical Letters. I should more willingly understand it of Familiar Letters.

I know very well that there are many Difficulties about the true Sense of many of these Canons. I have endeavour'd to explain them in the Extract which I made out of them, wherein I follow'd that Sence which appear'd to me most natural, and most agreeable to the Genius of the Ancients. Those that would inform themselves more fully in this Matter, may read the Notes of Albaspinaeus, and the great Commentary of Mendoza, which contains many things that are no-wise useful for understanding these Canons; which are not so difficult when they are read without prejudice to one that under∣stands something of the Ancient Discipline.

Notes

• a 1.1

  The place.] The Name of this Council is very va∣rious; Some call it Libertinum, others Elibertinum, others Heberitanum, and some Eliberinum; but the more com∣mon Name is Eliberitanum, or Illiberitanum. The anci∣ent Geographers mention only Two Cities call'd by this Name, whereof one was in Gallia Narbonensis, and the other in Boetica. 'Tis thought that the first is Perpignan, and the other in all probability is the City of Granada. The First was destroy'd in the time of Pliny and Mela, and 'tis no wise probable that the Bishops of Spain should come so far to hold a Council. Wherefore it is much more probable that this Council was held at the Spanish Elvira i. e. Granada.
• b 1.2

  The time.] Those who said that this Council was held after the Year 400, affirm'd what is manifestly false, since at that time the enjoining Penance for those who had sacrific'd to Idols, was not debated: The same Reason proves that there is no probability that it was assembled after the Council of Nice. It seems to have been called before that of Arles; but I do not be∣lieve that it was called before the Persecution of Dio∣clesian. There is more probability, that it was assem∣bled when the Persecution ended in the West, and when Dioclesian had abdicated the Empire in the Year 304.
• * 1.3

  Of Eliberis or Elvira, 305.
• * 1.4

  [This Canon is an authentick Evi∣dence of the Marrying of the Clergy of the Church of Spain at this time.]
• * 1.5

  [By infamous Crimes here is meant abusing their Bodies with Mankind.]