Presbyters Uniwersytet Warszawski
ID
ER 1589
Canon 12 (10) of the Fifth Council of Paris (Gaul, AD 614) decrees that the wills of the presbyters should always be observed, even if they seem to be contrary to secular law.
Canon 12 (10)
 
Et quia multe tergiuersationes infidelium ecclesiam Dei quaerunt conlatis priuari donariis, secundum constitutionem precedentium pontificum id conuenit inuiolabihter obseruari, ut testamenta, quae episcopi, presbyteri seu inferioris ordinis clerici uel donationes aut quaecumque strumenta propria uoluntate confecerint, quibus aliquid ecclesiae aut quibuscumque personis conferre uideantur, omni stabilitate subsistant; id specialiter statuentes, ut, etiamsi quorumcumque religiosorum uoluntas aut necessitate aut simplicitate faciente aliquid a legum saecularium ordine uisa fuerit discrepare, uoluntas tamen defunctorum debeat inconcussa manere et in omnibus Deo propitio custodire. De quibus rebus si quis animae suae contemptor aliquid alienare presumpserit, usque ad emendationis suae uel restitutionis rei ablate tempus a consortio ecclesiastico uel omnium Christianorum conuiuium habeatur alienus.
 
(ed. de Clercq 1963: 278–279)
Canon 12 (10)
 
And because of the many machinations of the treacherous people who bring doubt upon private donations given to the Church of God, in accordance with the decree of the preceding pontiffs, it is appropriate that it be inviolably observed that the testaments or donations, or other kinds of documents, which bishops, presbyters, or the clerics of lower ranks produce out of their [free] will, whereby they seem to give something to the Church or some person, should always be firmly upheld. We decree in particular that, although the will of some ecclesiastics could be seen as being contrary to secular law, sometimes out of necessity, sometimes for the sake of simplicity, the will of the dead should nevertheless remain unchanged and fully observed with God's grace. If someone, paying no heed to his soul, dares to alienate some of this property, he should be considered separated from the ecclesiastical community and communion with all Christians up to the time of his correction and restitution of the things he has stolen.
 
(trans. J. Szafranowski)

Place of event:

Region
  • Gaul
City
  • Paris

About the source:

Title: Fifth Council of Paris, Concilium Parisiense V anno 614
Origin: Paris (Gaul)
Denomination: Catholic/Nicene/Chalcedonian
The Fifth Council of Paris was called by King Chlothar II one year after he became the sole ruler of the Frankish lands. On 10 October 614, it gathered twelve metropolitan bishops, sixty-three bishops (including the bishop of Rochester), and the abbot of Canterbury. Although it was one of the biggest of the Merovingian councils, its acts were preserved in only two canonical collections, and was surprisingly little cited by the later medieval compilators. Five days after the council, King Chlothar II issued an edict in which he repeated the synodal decrees, albeit using slightly different wording.
Edition:
C. de Clercq ed., Concilia Galliae a. 511-a. 695, Corpus Christianorum. Series Latina 148 A, Turnhout 1963.
 
Translation:
J. Gaudemet, B. Basdevant, Les canons des conciles mérovingiens VIe-VIIe siècles, Sources chrétiennes 353, Paris 1989.

Categories:

Described by a title - Presbyter/πρεσβύτερος
    Public law - Ecclesiastical
      Economic status and activity - Ownership or possession of land
        Economic status and activity - Indication of wealth
          Economic status and activity - Inheritance
            Relation with - Secular authority
              Please quote this record referring to its author, database name, number, and, if possible, stable URL: J. Szafranowski, Presbyters in the Late Antique West, ER1589, http://presbytersproject.ihuw.pl/index.php?id=6&SourceID=1589