We also think it proper to add the following provisions to this law:
that all bishops who ordain priests and rectors in the churches of
their dioceses shall give them instructions concerning the rights of
the churches to which they are ordained; that is to say, if any bishop
should have in his keeping any document defining the rights of any
church in his diocese, he shall show it to the rector of that church,
so that the latter may be familiar with the rights of said church, as
well as with the documents conferring the same, and not be ordained
in ignorance of them, and, what is worse, through the wickedness and
duplicity of the bishop, the will of the benefactor of the church be
not publicly known. It is also decreed that priests and rectors shall
not only have the opportunity to inspect such documents, but shall also
be entitled to copies of the same, confirmed under the hand of the
bishop, to enable them to direct the affairs of the church committed
to their care without any uncertainty, and to enforce the rights to
which it is justly entitled. Given and confirmed in the name of God, at
Toledo, on the tenth day of the Kalends of January, in the fourth year
of our reign.
=THE GLORIOUS FLAVIUS WAMBA, KING.=
=VII. Emancipated Slaves of the Church, who are still Bound to Render it
Service, shall not be Permitted to Marry Persons who are Freeborn.=
Great confusion of lineage results where inequality of rank causes
degradation of offspring; for what is derived from the root is
inevitably found in the fruit of anything. For how indeed can he
bear a title of honor, whose parents are bound by the obligation of
servitude? We refer to this matter because many of the slaves of the
church are set free, but nevertheless do not enjoy absolute liberty;
for the reason that they are still bound to serve the church from which
they deduce their origin; and who, contrary to natural laws, contract
marriages with freeborn women, and seek to have freeborn children
who, in fact, are not so; and thus what ought to enure to the public
good, becomes in fact a burden to it, both in respect to person and
property; as whatever children are born from such an infamous marriage,
following the position inferior in rank, from birth become the property
of the church, along with all their possessions. Wherefore, that such
insolent conduct may be put an end to hereafter, we decree by this
law, that if a slave of any church, while it is still entitled to his
services, should be freed, and accept his liberty from the priest,
he shall not be permitted to marry a freeborn woman. Those, however,
who have been freed in the regular manner, and are absolutely exempt
from all service to the church by the Canon Law, shall have the right
to marry freeborn women, and shall be entitled to claim all honor and
respectability for their offspring.
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