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.

Council V. of Paris.

THIS Council met in 615. called by Clotharius the second, then in Possession of the Kingdoms, which did belong to Theodebert and Theoderick; therefore it was made up * 1.1 of a great number of Bishops. It is observed in the end of the Canons of this Council, That they had been subscribed by 79 Bishops; but we have not their Names, neither is it certain, whether they were present in it. If this number of Bishops met there, it was the most nume∣rous Council that ever was held in France. It made 15 Canons of great importance.

By the 1st. it is ordered, That the ancient Canons shall be kept; That for the future, a Bishop being dead, he that shall be chosen by the Metropolitan, who is to ordain him, by the Bishops of the Province, and by the Clergy and the People of the City, shall succeed him; and that Ordinations made either by Force, Faction or Bribery, or without the approbation of the Metropolitan, and the consent of the Clergy and the People, shall be declared null.

The 2d. Canon forbids Bishops to chuse their Successors. It forbids also providing them Successors, unless they be altogether unable to govern their Church and Clergy.

The 3d. imports, That if a Clerk, of what Quality soever he be, despising his Bishop, have Recourse unto Princes, great Lords, or to some other Protectors, no Body shall receive him before he obtains his Bishop's Pardon: And that if any Body keeps him, after Warning given him from the Bishop, he shall be punished according to the Ecclesiastical Laws.

The 4th. declares that no dd 1.2 Secular Judge shall judge or condemn any Presbyter, Deacon or Clerk, nor any of those that belong to the Church, without acquainting the Bishop with it; and that if any Body attempts to do it, he shall be separated from the Church, till he amends and acknowledges his Fault.

The 5th. puts the Franchisements of the Church under the Bishop's Protection, and forbids under the Pain of Excommunication, to constrain any belonging to the Church to serve the Publick ee 1.3.

The 6th. orders, That the Revenues given to maintain the Church Fabricks, shall be ma∣naged by the Bishops, Presbyters and other Clerks, serving those Churches according to the Intention of the Donor; and that, whosoever shall take away any part of them, he shall be cut off from the Church, till he hath made Restitution.

By the 7th. all sorts of Persons are forbidden to seize, either by an Order from the Prince, or by Authority from a Judge, or in any other manner whatsoever, on the Estate left by the Bishops, or other Clerks, whether they belong to the Church, or be their own. It is order∣ed, They shall be kept and preserved by the Arch-deacon and the Clergy: They are excom∣municated that shall. seize on them; and it is said, They are to be looked upon as Murderers of the Poor.

The 8th. forbids Arch-deacons, yea, and the Bishops themselves, to appropriate to them∣selves, after the Death of Abbots, Presbyters, and other Clerks, ministring in the Churches, the Moveables belonging to them, under pretence of taking them for the Bishop or the Church.

The 9th. forbids Bishops to challenge to themselves the Goods, Churches, or Clerks of other Bishops, although the Kingdom or Province had been divided; and those that shall do so, it deprives them of those charitable Duties which their Brethren use to pay them, till they have restored what they have taken, and made Restirution of the Fruits.

The 10th. renews the Constitution made in the second Council of Lyons, held in 570. whereby it was ordered, That the last Wills of Bishops, Presbyters and other Clerks, who bequeath Legacies to Churches, shall be executed, tho' their Testament were not in due Form.

The 11th. Canon renews the Constitution, whereby a Bishop, being at Variance with ano∣ther Bishop, is bound to apply himself to the Metropolitan; and he that applieth himself to a Secular Judge, is deprived of Communion with the Metropolitan, until he give an account of his Proceeding in the next Synod.

The 12th. separateth from the Communion, until the Point of Death, such Monks and Nuns as go out of the Monastery, which they had chosen for their Abode, if, being warned of it, they refuse to return: But if they return to it, and make an humble Satisfaction, the Eucharist may be given them.

The 13th. Canon excommunicates the Virgins or Widows, who do marry, after having put off the Secular Habit, to lead a Religious Life at home.

The 14th. prohibits Marriage with the Brother's Widow, the Wife's Sister, the Daughters of two Sisters, the Uncle's Widow by the Father's and Mother's Side, and with a Maiden that hath taken a Religious Habit. It excommunicates those that contract such Marriages, till they separate themselves.

The 15th. imports, That the Jews are not to sue for the Costs of Recovery of Money from Christians; and if any of them should obtain them, he ought to be baptized, with all his Family.

To this Council is annexed Clotharius's Edict, containing the Confirmation of the foregoing Canons. Nevertheless, there be some of them, to which he hath subjoyned Modifications and particular Conditions. To the Canon concerning Bishops's Ordinations, it adds that if the Person elected be found worthy of it, he shall be confirmed by Order from the Prince; and that a Court-Officer may be chosen, if he be a deserving and learned Man. To the Canon forbidding Bishops to go to Court, it adds, They may go thither, to obtain some Favour, and upon what account soever they shall go thither, if they return with the Prince's Letters, they are to be excused. As for the Inhibition of Clerks applying themselves to Secular Judges, it excepts from it Criminal Matters, into which Secular Judges are appointed to enquire, calling the Bishops to them. It excepts likewise Matters concerning the Publick, which the Bishop and the Secular Magistrate are appointed Judges of. It adds some other Ordinances about Civil Matters.

Notes

• * 1.1

  Council V. of Paris.
• dd 1.2

  [No Secular Judge shall judge, &c.] The Devotion of the Emperors, in the more serene Times of the Church, when Kings became nursing Fathers to Christi∣anity, granted several Immunities and Privileges to the Clergy. Constantine the Great freed the Church of Carthage from paying Taxes, lest it being impo∣verish'd thereby, God's Worship should be interrupted or hindred. And afterward, about the Year 536. Justinian ordained, That in causes merely Civil, the Bishops should hear and determine of the Cases of the Monks and Nuns, as also of all their Clergy, unless the Matters under decision were too diffi∣cult for the Bishop: In wh••ch case they were commanded to go to the Civil Judges. These Imperial Grants did the Bishops (as Patrons of the Ecclesiastical Franchises) confirm and establish by several Canons in this and several other Councils; and that the Secular Judges might not dare to break in upon these Privileges, they back'd them with Anathema's and Excommunications, and so might warrantably enough do, so long as the Laws of the Empire stood in Force: But for the Clergy to stand upon such Exemptions as these, and claim them upon the Account of their Order, as the Clergy of the Romish Communion now doth, is both contrary to Scripture and the Practice of the purer Times of Christi∣anity: For before Justinian's Time the Bishop's ordinary Jurisdiction was but a Power of Enquiry and Restraint for violating and corrupting the Ecclesiastical Discipline.]
• * 1.2.1

  Euseb. hist. ecc. l. 10. c 7 Just. Const. Novel. 79. c. 1. 84. in praefat. & 123. c. 21. Conc. Aga∣then. c. 32. Rom. 13. 1 Conc. Chalc. c. 9. Conc. Carth. 3. c. 9. Conc. Tolet. 3. c. 13. Conc. Ma∣tisc. c. 8.
• ee 1.3

  [Not constrain any Churchmen to serve the Publick.] It hath been the Wis∣dom of all Ages and Nations, but prin∣cipally of the Christian Church, to exempt their Clergy from Publick and Civil Employments and Offices, that they might with the greater Care and Diligence attend the Service of God, which this Council endeavours to preserve.]
• * 1.3.2

  Diod. Sic Euseb. hist. Eccl. 〈◊〉〈◊〉 10. c. 7.