The Council of Elvira, ca. 306
The textual history of these canons is complicated. Hamilton Hess discusses the problems of the textual transmission of the canons in The Early Development of Canon Law and the Council of Serdica (Oxford Early Christian Studies, Oxford: 2002) 40-42. He summarizes the research of Samuel Laeuchli (who prints the Latin text and translates it), Sexuality and Power: The Emergence of Canon Law at the Synod of Elvira (Philadelphia: 1972) and of Maurice Meigne, "Concile ou collection d'Elvire," Revue d'histoire ecclésiastique 70 (1975) 361-387. Meigne argues that the Council of Elvira issued only the first 21 canons; the other canons were added to the "collection" later, probably taken from other Iberian councils. For those who read German, see Eckhard Reichert, Die Canones der Synode von Elvira: Einleitung und Kommentar (Dissertation, University of Hamburg: 1990). The date of the council is also not certain. Scholars have placed it between 300 and 309.
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CANONS
1. A
baptized adult who commits the capital crime of sacrificing to the idols is not
to receive communion even when death approaches.
2. Flamens
(a priest in a temple)
who have been baptized but who then offer sacrifices will double their guilt by
adding murder (if they organize public games) or even triple it with sexual
immorality, and they cannot receive communion even when death approaches.
3. Flamens
who have not offered sacrifices but who have presided at public games have kept
themselves from complete destruction and may receive communion when death
approaches if they have done the required penance. If they commit sexual offenses after completing the penance, they
shall be denied any further communion since receiving communion would make a mockery of the
Sunday communion.
4. Flamens
who have been catechumens for three years and who have abstained from
sacrifices may be baptized.
5.
If a
woman beats her servant and causes death within three days, she shall undergo
seven years' penance if the injury was inflicted on purpose and five years' if
it was accidental. She shall not
receive communion during this penance unless she becomes ill. If so, she may receive communion.
6. If
someone kills another by sorcery or magic, that person shall not receive
communion, even at the time of death, for this action is a form of idolatry.
7.
If a
Christian completes penance for a sexual offense and then again commits
fornication, he or she may not receive communion even when death approaches.
8.
Women
who without acceptable cause leave their husbands and join another man may not
receive communion even when death approaches.
9. A
baptized woman who leaves an adulterous husband who has been baptized, for
another man, may not marry him. If she
does, she may not receive communion until her former husband dies, unless she
is seriously ill.
10. If an
unbaptized woman marries another man after being deserted by her husband who
was a catechumen, she may still be baptized.
This is also true for female catechumens. If a Christian woman marries a man in the knowledge that he
deserted his former wife without cause, she may receive communion only at the
time of her death.
11. If a
female catechumen marries a man in the knowledge that he deserted his former
wife without cause, she may not be baptized for five years unless she becomes
seriously ill.
12.
Parents
and other Christians who give up their children to sexual abuse are selling
others' bodies, and if they do so or sell their own bodies, they shall not
receive communion even at death.
13.
Virgins
who have been consecrated to God shall not receive communion even as death approaches if
they have broken the vow of virginity and do not repent. If, however, they repent and do not engage
in intercourse again, they may receive communion when death approaches.
14 If a
virgin does not preserve her virginity but then marries the man, she may
receive communion after one year, without doing penance, for she only broke the laws of
marriage. If she has been sexually
active with other men, she must complete a penance of five years before being
readmitted to communion.
15. Christian
girls are not to marry pagans, no matter how few eligible men there are, for
such marriages lead to adultery of the soul.
16. Heretics
shall not be joined in marriage with Catholic girls unless they accept the
Catholic faith. Catholic girls may not
marry Jews or heretics, because they cannot find a unity when the faithful and
the unfaithful are joined. Parents who
allow this to happen shall not receive communion for five years.
17. If
parents allow their daughter to marry a pagan priest, they shall not receive
communion even at the time of death.
18.
Bishops, presbyters, and deacons, once
they have taken their place in the ministry, shall not be given communion even
at the time of death if they are guilty of sexual immorality. Such scandal is a serious offense.
19.
Bishops,
presbyters, and deacons shall not leave the area where they work, or travel in
the provinces, in order to engage in profitable ventures. If it is an economic necessity, let them
send a son, a freedman, an employee, a friend, or someone else. They should engage only in business
activities within their own area.
20. If
any clergy are found engaged in usury, let them be censured and dismissed. If a layman is caught practicing usury, he
may be pardoned if he promises to stop the practice. If he continues this evil practice, let him be expelled from the
church.
21.
If
anyone who lives in the city does not attend church services for three Sundays,
let that person be expelled for a brief time in order to make the reproach
public.
22. If
people fall from the Catholic church into heresy and then return, let them not
be denied penance, since they have acknowledged their sin. Let them be given communion after ten years'
penance. If children have been led into
heresy, it is not their own fault, and they should be received back
immediately.
23. In
order to help those who are weak, the rigorous fasting that requires no eating
for a whole day shall be dropped during the months of July and August.
24. Individuals
shall not be admitted as clergy in a province other than the one where they
were baptized. Otherwise their life would not be known by
those who examine them.
25. Those
who have letters of recommendation referring to them as "confessors"
should obtain new letters affirming them as “communicants" instead. Simple people are deceived by the honored
title of "confessor."
26. The
rigorous form of fasting is to be followed every Saturday. This will correct a mistake in our present
practice.
27.
A bishop
or other cleric may have only a sister or a daughter who is a virgin
consecrated to God living with him. No
other woman who is unrelated to him may remain.
28. A
bishop may not receive the offerings of those who are not allowed to receive
communion.
29. Persons
who have an erratic spirit shall not have their name added to the list of those
making offerings, nor shall they be allowed to exercise any form of ministry in
the congregation.
30. Those
who sinned sexually as youth may not be ordained as subdeacons. This will guard against their being promoted
to higher offices later on. If they
have already been ordained, they shall be removed from their office.
31. Young
men who have been baptized and then are involved in sexual immorality may be
admitted to communion when they marry if they have fulfilled the required
penance.
32. Anyone
who has fallen into mortal ruin because of sin must seek penance from the
bishop and not a presbyter. In extreme
illness a presbyter may offer communion or may direct a deacon to do so.
33.
Bishops,
presbyters, deacons, and others with a position in the ministry are to abstain
completely from sexual intercourse with their wives and from the procreation of
children. If anyone disobeys, he shall
be removed from the clerical office.
34. Candles
are not to be burned in a cemetery during the day. This practice is related to paganism and is harmful to
Christians. Those who do this are to be
denied the communion of the church.
35. Women
are not to remain in a cemetery during the night. Some engage in wickedness rather than prayer.
36. Pictures
are not to be placed in churches, so that they do not become objects of worship
and adoration.
37. Those
who have suffered from an evil spirit may be baptized as death approaches. If they have been baptized, they may be
given communion. Such people are not,
however, to light the church candles in public. If they do so, they are to be denied communion.
38. A
baptized Christian who has not rejected the faith nor committed bigamy may baptize
a catechumen who is in danger of death, if they are on a sea voyage or if there
is no church nearby. If the person
survives, he or she shall go to the bishop for the laying on of hands.
39. A pagan
who requests the laying on of hands at a time of illness, may receive the
imposition of hands and become a Christian if his or her life has been
reasonably honest.
40. Landlords
may not receive as rent anything that has already been offered to idols. If they do so, they shall be excluded from
communion for five years.
41. Christians
are to prohibit their slaves from keeping idols in their houses. If this is
impossible to enforce, they must at least avoid the idols and remain pure. If this does not happen, they are alienated
from the church.
42. Those
with a good reputation who seek to become Christians shall remain as
catechumens for two years before being baptized. Should they become seriously ill, they may request and receive
baptism earlier.
43. In
accordance with the Scripture we shall celebrate Pentecost and not continue the
false practice [of celebrating the fortieth day after Easter rather than the
fiftieth]. If one does not accept this practice, it will be considered a new
heresy.
44. A
former prostitute who has married and who seeks admission to the Christian
faith shall be received without delay.
45. A
catechumen who has stayed away from the church for a long time may be baptized
if one of the clergy supports his or her claim to be a Christian, or if some of
the faithful attest to this, and it appears that the person has reformed.
46. If a
Christian gives up the faith and stays away from the church for a long time,
provided he or she has not become an idolater, he or she may be received back
and receive communion after ten years of penance.
47. If a
baptized married man commits adultery repeatedly, he is to be asked as he nears
death whether or not he will reform should he recover. If he so promises, he may receive
communion. If he recovers and commits
adultery again, he may not receive communion again, even as death approaches.
48. Those
being baptized are not to place money in the baptismal shell since it seems to
indicate that the priest is selling what is a free gift. The feet of the newly baptized are not to be
washed by the priests or clerics.
49. Landlords
are not to allow Jews to bless the crops they have received from God and for
which they have offered thanks. Such an
action would make our blessing invalid and meaningless. Anyone who continues this practice is to be
expelled completely from the church.
50. If any
cleric or layperson eats with Jews, he or she shall be kept from communion as a
way of correction.
51. If a
baptized person has come from heresy, he must not become a cleric. One who has already been ordained is to be
removed from office immediately.
52. Anyone
who writes scandalous graffiti in a church is to be condemned.
53. A
person who has been excluded from communion for an offense can be readmitted
only by the bishop who ordered the excommunication. Another bishop who readmits him or her without obtaining the
consent of the first bishop is liable to bring tension among his brothers and
may be removed from office.
54. Parents
who fail to keep the betrothal agreement and who break their child's engagement
are to be kept from communion for three years.
If the bride or groom has committed a serious crime, the parents are
justified in such an action. If both
the bride and groom are involved in the sin, the first rule applies and the
parents may not interfere.
55. Priests
who continue to wear the secular wreath [as former flamens] but who do not
perform sacrifices or make offerings to idols may receive communion after two
years.
56. Magistrates
are not to enter the church during the year in which they serve as duumvir [the government official who presides
at public occasions and national feasts].
57. Women
and men who willingly allow their clothing to be used in secular spectacles and
processions shall be denied communion for three years.
58. In all
places, and especially where the bishop resides, those who bring letters
indicating their right to receive communion shall be examined to affirm the testimony.
59. A
Christian may not go to the capitol and watch the pagans offer their
sacrifices. If a Christian does, he or
she is guilty of the same sin and may not receive communion before completing ten years
of penance.
60. If
someone smashes an idol and is then punished by death, he or she may not be
placed in the list of martyrs, since such action is not sanctioned by the
Scriptures or by the apostles.
61. A man
who, after his wife's death, marries her baptized sister may not receive
communion for
five years unless illness requires that reconciliation be offered sooner.
62. Chariot
racers or pantomimes must first renounce their profession and promise not to
resume it before they may become Christians.
If they fail to keep this promise, they shall be expelled from the
church.
63. If a
woman conceives in adultery and then has an abortion, she may not receive
communion
again, even as death approaches, because she has sinned twice.
64. A woman
who remains in adultery to the time of her death may not receive communion. If she breaks
the relationship, she must complete ten years' penance before communing.
65. If a
cleric knows of his wife's adultery and continues to live with her, he shall
not receive communion even before death in order not to let it appear that one
who is to exemplify a good life has condoned sin.
66. A man
who marries his stepdaughter is guilty of incest and may not receive communion even
before death.
67. A woman
who is baptized or is a catechumen must not associate with hairdressers or men
with long hair. If she does this, she
is to be denied communion.
68. A
catechumen who conceives in adultery and then suffocates the child may be
baptized only when death approaches.
69. A
married person who commits adultery once may be reconciled after five years'
penance unless illness necessitates an earlier reconciliation.
70. A
husband who knows of his wife's adultery and who remains with her may not
receive communion even prior to death. If he
lived with his wife for a period of time after her adultery and then left her,
he may not receive communion for ten years.
71. Those
who sexually abuse boys may not receive communion even when death approaches.
72. If a
widow has intercourse and then marries the man, she may only receive communion after five
years' penance. If she marries another
man instead, she is excluded from communion even at the time of death. If the
man she marries is a Christian, she may not receive communion until completing
ten years' penance, unless illness makes earlier communion advisable.
73. A
Christian who denounces someone who is then ostracized or put to death may not
receive communion even as death approaches. If
the case was less severe, he or she may receive communion in less than five years. If the informer was a catechumen, he or she
may be baptized after five years.
74. Those
who are false witnesses commit a crime and are to be excluded. If their action
did not bring about death, and they explain the reasons for their testimony,
they shall be excluded for two years.
If their explanation is not accepted by the assembled clergy, they are
excluded for five years.
75. If
someone falsely accuses a bishop, presbyter, or deacon of a crime and cannot
offer evidence, he or she is excluded from communion even at the time of death.
76. If a
deacon confesses that he had committed a mortal crime before ordination, he is
excluded from communion and must complete three years' penance. If, however, the sin is disclosed by someone
else, he must complete five years' penance before being accepted as a layman to
receive communion.
77. If a
deacon serving a community without a bishop or presbyter baptizes, the bishop
shall then give his blessing to those baptized. If someone dies before receiving the blessing, that person is to
be regarded as justified by his or her faith.
78. If a
Christian confesses adultery with a Jewish or pagan woman, he is denied
communion for some time. If his sin is
exposed by someone else, he must complete five years' penance before receiving
the Sunday communion.
79. Christians
who play dice for money are to be excluded from receiving communion. If they amend their ways and cease, they may
receive communion after one year.
80. Slaves
who have been freed but whose former masters are yet alive may not be ordained
as clergy.
81. A woman
may not write to other lay Christians without her husband's consent. A woman may not receive letters of
friendship addressed to her only and not to her husband as well.