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councils and clergy 737<br />

qualifications. If married, clergy must abstain from sexual intercourse, and<br />

may not retain a female other than a close relative in their house. Clergy<br />

may not be twice married, and their widows must stay single. Clergy may<br />

not attend the circus or hunt. Liturgical occasions must be properly<br />

observed, and these are imposed especially on bishops, along with their<br />

pastoral, homiletic and charitable duties, the giving <strong>of</strong> absolution to the<br />

penitent and the writing <strong>of</strong> recommendations. Jurisdictional questions<br />

figure largely. Property might be held in one diocese by persons resident in<br />

another, and if churches are built and staffed there, ecclesiastical allegiance<br />

must be sorted out. This is especially tricky where the property is owned by<br />

another bishop. The disposal <strong>of</strong> church property is frequently an issue, and<br />

there are stringent canons about what happens on the death <strong>of</strong> a cleric. The<br />

duty <strong>of</strong> metropolitans to call provincial synods annually, or more frequently,<br />

is prescribed. Potential bishops must have their discipline and their<br />

faith tested before election. They must not (like Caesarius <strong>of</strong> Arles) be<br />

chosen by their predecessors. New ecclesial <strong>of</strong>fices arise to deal with the<br />

problems <strong>of</strong> organization: archpresbyters, archdeacons, and even archsubdeacons<br />

appear. Relations with the kings sometimes figure, and the royal<br />

prerogative in appointing bishops can sometimes be asserted (Orleans V,<br />

549, can. 10) and sometimes repudiated (Paris III, 546/573, can. 8); the part<br />

in elections <strong>of</strong> the people, the clergy, the bishops and the metropolitan are<br />

repeatedly affirmed. Where the laity are concerned, marriage rules loom<br />

large: the fear <strong>of</strong> incest is obsessive. 22 Marriage or other contact with heretics<br />

and Jews is banned or restricted. Only rarely are doctrinal matters<br />

tackled; the classic exception is Caesarius’ Council <strong>of</strong> Orange in 529, when<br />

the Augustinian position was comprehensively asserted against the semi-<br />

Pelagians. Such matters do not come to the fore, even when regimes are<br />

changing from ‘Arian’ to Catholic overlords. 23 Much <strong>of</strong> this may be interpreted<br />

inversely: where a practice is repeatedly banned, it is presumably<br />

common. The influence <strong>of</strong> the civil power led to many worldly men being<br />

appointed to the clericate, and the constant concern <strong>of</strong> councils with clergy<br />

discipline, as well as with the doctrinal competence <strong>of</strong> bishops, reflects this<br />

fact.<br />

A remarkable absentee in the Merovingian canons is the pope. The only<br />

reference appears to be the right to consult the apostolic see through the<br />

metropolitan about the date <strong>of</strong> Easter. 24 This reflects political conditions,<br />

and perhaps the absence <strong>of</strong> any primacy among the metropolitans further<br />

22 Gaudemet and Basdevant (1989) 57.<br />

23 The Council <strong>of</strong> Épaone in 517, presided over by Avitus <strong>of</strong> Vienne after Sigismund’s rise to power,<br />

had only two references to heretics and their buildings. The same applies to the momentous Council<br />

<strong>of</strong> Toledo III in 589, after Reccared’s conversion (see Orlandi in Orlandi and Ramos-Lisson (1981)<br />

95–117, esp. 110–11).<br />

24 Orleans iv, 541, can. 1 (not can. 2 as in Gaudemet and Basdevant (1989) 48 n. 4).<br />

<strong>Cambridge</strong> <strong>Hi</strong>stories Online © <strong>Cambridge</strong> University Press, 2008

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