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Legislating for a Church Not Yet Legal

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Legislating for a Church Not Yet Legal

This article records tradition as it has been passed down and reported. Its sources are not yet part of the atlas's verified catalogue.

When bishops from across Roman Hispania gathered at Elvira around 306 CE, Christianity was still, technically, a crime. Constantine's Edict of Milan, which ended imperial persecution, was still roughly six or seven years away. That timing matters for reading what the council actually legislated: canons dealing with Christians who had lapsed into pagan sacrifice under threat of persecution, and how or whether they could be readmitted to the church, are not abstract disciplinary housekeeping. They are a church working out how to treat its own survivors while still living inside the danger that had produced them.

The canon that has traveled furthest into later controversy is number 33, which required bishops, priests and deacons who served at the altar to abstain from marital relations with their wives, a rule frequently cited as the earliest conciliar mandate anything resembling clerical celibacy in the Latin church. Historians have argued for decades over whether that canon, in the form it survives in, actually belongs to the original 306 CE proceedings or was added or reworded by later editors compiling the collection. What nobody seriously disputes is that the 81 canons taken together are the oldest substantial body of Western Christian conciliar legislation to survive at all, older than anything the great ecumenical councils would later produce.

That makes Elvira a strange kind of founding document. It legislated for a church that had no legal standing yet, using an authority no empire had granted it, and much of what it decided kept shaping Western Christian discipline long after the empire that once made this same council's existence dangerous had itself become Christian.

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Sources
The Oxford Dictionary of the Christian Church, 3rd revised edition
F. L. Cross and E. A. Livingstone (eds.), Oxford University Press, 2005View the Source
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