The Constituta of Pope Gelasius, which the bishops receive at their ordination; in which, among other matters, the ordinations of Africans are prohibited — taken from the Diurnum Pontificum and from other manuscript codices worthy of trust.1
Pope [name], to the clergy, order, and people residing in [name of city], dearly beloved sons, greetings in the Lord.2
To your worthy desires we have brought no delay. We have ordained for you our brother and now also our fellow bishop [name] as priest. To whom we have given in our mandates that he never presume unlawful ordinations:3
that he not permit a bigamist, or one who has not been allotted a virgin as wife, or one illiterate, or maimed in any part of the body, or a public penitent, or one bound to the curia or to any [binding] condition, or one branded [with infamy], to approach the sacred orders.4 But if perhaps he should find any of this kind, let him not dare to promote them.
The Africans presenting themselves indiscriminately for ecclesiastical orders he is to receive on no account, since some of them have many times been proven to be Manichaeans, others to have been rebaptized.5
Let him strive not to diminish the ministries and ornament of the Church, or whatever else is in its patrimony, but rather to increase [them].
From the revenue of the Church or the offerings of the faithful let him make four portions: of which let him retain one for himself, distribute the second to the clergy according to the diligence of their offices, [give] the third to the poor and to pilgrims, and let him know that the fourth is to be reserved for ecclesiastical fabric.6 Of which he will render account in the divine judgment.
Let him know that the ordinations of presbyters or deacons are to be celebrated only at the fasts of the fourth, seventh, and tenth months; and also at the beginning and middle of Lent, on the evening of the Sabbath.7
Let him remember that the sacrament of the most sacred baptism is to be conferred only at the festivity of Easter and Pentecost, except for those who are pressed by the danger of death — lest they perish eternally — to whom it is fitting to be assisted by such remedies.8
Therefore it behooves you to obey with devout minds him who keeps these precepts of our See,9 so that the body of the Church may be irreproachable and tranquil — through Christ our Lord, who lives and reigns with God the Father almighty and the Holy Spirit through all ages of ages. Amen.
And his subscription: May God preserve you safe, dearly beloved sons.
Footnotes
- ↩ The Constituta is a formal charge, a kind of standing instruction, given by the bishop of Rome to a newly ordained bishop on the day of his consecration. Its presence in the Liber Diurnus Romanorum Pontificum — the formulary book of the Roman chancery, used for centuries to draw up papal documents — indicates that this Constituta circulated as a standard template, applied to each new ordination by filling in the ille (“such-and-such”) and illa (“such-and-such [city]”) placeholders with the actual names. The reader will note that this is therefore not a personal letter to a single bishop but a standing canonical document expressing the discipline of the Apostolic See, which Gelasius required every newly ordained bishop in his obedience to receive and observe. The PL editors note that this same Constituta appears in the Liber Diurnus under the rubric Synodale quod accipit episcopus (“the synodal document which the bishop receives”), and is also cited in Gratian’s Decretum from Gelasius (Causa 26, Q. 12, q. 2) under the address “to the clergy, order, and people of Brindisi”; Hardouin further notes that in the Lucca codex it is inscribed to Gelasius. The point worth retaining is that the document was evidently used and reused in different concrete ordinations, with names filled in case by case.
- ↩ The ille… illa formulation of the address marks the document as a template. In actual use the placeholders would be filled in with the name of the issuing pope (in this case Gelasius), the name of the bishop being ordained, and the name of the city to which he was being given. The greeting dilectissimis filiis in Domino salutem — “to dearly beloved sons greetings in the Lord” — is the standard formula of papal address, identifying the recipients of a Roman directive as the pope’s own spiritual sons and indicating the bond of paternal authority by which the directive is given.
- ↩ Ne unquam ordinationes praesumat illicitas. The phrase establishes the structural premise of the entire Constituta. The bishop’s authority to ordain is not absolute; it is bound by the rules of the Apostolic See. The verb praesumat (“presume”) names the kind of overstepping that Gelasius is foreclosing: a bishop acting outside the boundaries the Roman discipline has set. The mandate is delivered formally on the day of the new bishop’s ordination, so that he is bound by it from the very first moment of his episcopate. The reader will see the structural coherence with the broader Roman magisterial pattern: bishops exercise real authority, but within the discipline maintained by the See of Peter; what they do contrary to that discipline is illicitum, unlawful, even if perhaps performed in the proper ritual form.
- ↩ The disqualifications enumerated derive from the constant tradition of the Church drawn from the Pastoral Epistles (1 Tim. 3, Tit. 1) and from the conciliar canons. The Pauline rule that a bishop must be the husband of one wife (1 Tim. 3:2) was understood from the patristic period to exclude both those who had married twice (bigamists in the ecclesiastical sense, not in the civil sense of having two wives at once) and those who had married a widow or a divorced woman (hence the requirement that the candidate’s wife have been a virgin at marriage). Illiteracy was disqualifying because the bishop must be able to read the Scriptures and the canons. Bodily mutilation — drawing on the principles of Levitical priesthood (Lev. 21:17–23) read through the Pauline standard of fitness — was disqualifying when serious. Public penitents (expoenitentes) were those who had undergone the formal penitential discipline for grave public sins; once reconciled, they could not be admitted to orders. Members of the curia were the curiales of the late Roman city councils, bound by hereditary obligation to civic duties that included revenue collection and were considered incompatible with the spiritual freedom required of the cleric. Those cuilibet conditioni obnoxium were bound to any other obligations that constrained their freedom — debt-bondage, coloni status under a landlord, hereditary military obligations, or other servile conditions; notatum were those branded with civil infamy. The list reflects the standard Roman canonical discipline of the period and is in continuity with the Pastoral letters of Leo I and his predecessors.
- ↩ Afros passim ad ecclesiasticos ordines praetendentes nulla ratione suscipiat. The provision is striking and worth contextualizing. By the late fifth century, North Africa had been under Vandal rule for two generations (the Vandals had taken Carthage in 439 under Geiseric), and the Vandal kings — being Arian — had imposed Arian rebaptism on Catholics during periods of persecution, especially under Geiseric and his successor Huneric. Many Catholic clergy and laity had been forced to undergo rebaptism, often under torture; others had compromised by accepting rebaptism without persecution. At the same time, North Africa had a long history of Manichaean presence (Augustine himself had been a Manichaean before his conversion), and the heresy survived underground there longer than elsewhere in the West. Refugees from Africa fleeing Vandal persecution had been arriving in Italy for decades, and Gelasius is responding to the practical pastoral problem this created: African ecclesiastical claimants whose backgrounds could not easily be verified, and a substantial risk that some of them carried either Manichaean theological corruption or had been rebaptized in the Arian rite. The provision is not racial; it is a verification rule. Africans are not refused on the ground that they are African but on the ground that any individual African candidate’s standing could not at this period be reliably ascertained. Gelasius elsewhere shows considerable pastoral concern for African Catholics oppressed under the Vandals; his ban on indiscriminate ordination is precisely a discipline of caution where the verification problem was acute.
- ↩ The four-fold division of the Church’s revenue is one of the most important pieces of Gelasian legislation and stands as the foundation of medieval canon law on the use of ecclesiastical income. The four portions — to the bishop, to the clergy, to the poor and pilgrims, and to the maintenance of church buildings — set the principle that the bishop is not the owner of the Church’s goods but their administrator, bound to apply them in proper proportions. The principle also names the basic claim of the poor and of the fabric on the patrimony of the Church: their portions are not discretionary almsgiving but are owed by right, as part of the standing distribution. The four-fold division would be received and confirmed by subsequent popes (notably Gregory the Great), referenced in the canons of multiple councils, and incorporated into Gratian’s Decretum, becoming the basic structure of ecclesiastical economic discipline through the medieval period.
- ↩ The four periods named — the fasts of the fourth, seventh, and tenth months, plus the beginning of Lent — correspond to what later tradition called the Quattuor Tempora or Ember Days (the fourth-month fast in June, the seventh-month fast in September, the tenth-month fast in December, and the first week of Lent in spring). To these Gelasius adds the middle of Lent (Mediana Sunday, the fourth Sunday of Lent), giving five permitted ordination times. The traditional rule is that ordinations are conferred on the Saturday evening, beginning the vigil into the Sunday — corresponding to the practice already established in Leo I’s Letter IX to Dioscorus, where the ordination is to be celebrated as the night dawns into the day of Resurrection. The Ember Day discipline of ordinations would persist as universal Latin practice through the medieval period and beyond, surviving in the Roman Pontifical until the post-Vatican II revisions and remaining the traditional practice in those communities celebrating the older Roman rite.
- ↩ Sacrosancti autem baptismi sacramentum non nisi in Paschali festivitate et Pentecoste meminerit esse praebendum, exceptis his qui mortis urgentur periculo, ne in aeternum pereant, talibus oportet remediis subveniri. The provision establishes two principles. First, baptism is a public sacrament of the Church and is normally to be celebrated at the great Paschal mysteries — the Easter Vigil principally, and the Pentecost vigil secondarily — when the whole Church receives the new members at the same liturgical moment, sealing the unity of the body of Christ that the sacrament effects. This was the universal Roman practice of the period, and Gelasius is here codifying it as standing law. Second, the explicit exception for those in periculo mortis — at the point of death — is doctrinally crucial. The phrase ne in aeternum pereant (“lest they perish eternally”) names the doctrine of the necessity of baptism in its strongest form: without baptism, those subject to original sin face eternal loss. The Catholic doctrine, fully articulated at the Council of Trent (Session VI, Canon 5; Session VII, Canon 5 on baptism), holds that baptism is necessary for salvation by divine institution; where it cannot be received in fact, baptism of desire or of blood may suffice in extraordinary cases, but the ordinary necessity of the sacrament remains. The pastoral provision Gelasius makes — that the death-bed candidate must be baptized regardless of liturgical season — is the practical application of the same doctrine that the Adversus Pelagianam Haeresim articulates theologically: full sanctification is conferred even on infants unknowing through the font of baptism, and without that font the soul is not safely launched into eternity.
- ↩ Huic ergo sed[i]s nostrae praecepta servanti devotis animis obsequi vos oportet. The closing of the Constituta names the structural ground of the new bishop’s authority. The new bishop is to be obeyed insofar as he keeps “these precepts of our See” — that is, he holds his authority in dependence on his keeping the Roman discipline. The implication is direct: the bond of obedience between the people and their bishop is not absolute but is qualified by the bishop’s own fidelity to the See of Peter. A bishop who departed from these precepts would forfeit the ground on which the Roman pope is here directing his sons to obey him. The reader will see the structural coherence with the project’s overall framing: the bishop’s authority is real but is exercised in subordination to the Apostolic See’s discipline, and the Roman bishop here speaks not as one bishop addressing another but as the head of all the churches setting the bounds within which other bishops act.
Historical Commentary