15
November 1215 A.D. Canons
of 4th Lateran Council Convened Under Rome’s 176st—Lotario d’ Conti
(Innocent III)
Halsall,
Paul. “The Canons of the Fourth Lateran
Council, 1215.” Medieval Sourcebook:
Twelfth Ecumencial Council: Lateran IV 1215.
1996. http://www.fordham.edu/halsall/basis/lateran4.asp. Accessed 11 Sept 2014.
Medieval Sourcebook:
Twelfth Ecumenical Council:
Lateran IV 1215
Twelfth Ecumenical Council:
Lateran IV 1215
The
Canons of the Fourth Lateran Council, 1215
CANON 1
Text: We firmly believe and openly
confess that there is only one true God, eternal and immense, omnipotent,
unchangeable, incomprehensible, and ineffable, Father, Son, and Holy Ghost;
three Persons indeed but one essense, substance, or nature absolutely simple;
the Father (proceeding) from no one, but the Son from the Father only, and the
Holy Ghost equally from both, always without beginning and end. The Father
begetting, the Son begotten, and the Holy Ghost proceeding; consubstantial and
coequal, co-omnipotent and coeternal, the one principle of the universe,
Creator of all things invisible and visible, spiritual and corporeal, who from
the beginning of time and by His omnipotent power made from nothing creatures
both spiritual and corporeal, angelic, namely, and mundane, and then human, as
it were, common, composed of spirit and body. The devil and the other demons
were indeed created by God good by nature but they became bad through
themselves; man, however, sinned at the suggestion of the devil. This Holy
Trinity in its common essense undivided and in personal properties divided,
through Moses, the holy prophets, and other servants gave to the human race at
the most opportune intervals of time the doctrine of salvation.
And finally, Jesus Christ, the only begotten Son
of God made flesh by the entire Trinity, conceived with the co-operation of the
Holy Ghost of Mary ever Virgin, made true man, composed of a rational soul and
human flesh, one Person in two natures, pointed out more clearly the way of
life. Who according to His divinity is immortal and impassable, according to
His humanity was made passable and mortal, suffered on the cross for the
salvation of the human race, and being dead descended into hell, rose from the
dead, and ascended into heaven. But He descended in soul, arose in flesh, and
ascended equally in both; He will come at the end of the world to judge the
living and the dead and will render to the reprobate and to the elect according
to their works. Who all shall rise with their own bodies which they now have
that they may receive according to their merits, whether good or bad, the
latter eternal punishment with the devil, the former eternal glory with Christ.
There is one Universal Church of the faithful,
outside of which there is absolutely no salvation. In which there is the same
priest and sacrifice, Jesus Christ, whose body and blood are truly contained in
the sacrament of the altar under the forms of bread and wine; the bread being
changed (transsubstantiatio) by divine power into the body, and the wine
into the blood, so that to realize the mystery of unity we may receive of Him
what He has received of us. And this sacrament no one can effect except the
priest who has been duly ordained in accordance with the keys of the Church,
which Jesus Christ Himself gave to the Apostles and their successors.
But the sacrament of baptism, which by the
invocation of each Person of the Trinity, namely of the Father, Son, and Holy
Ghost, is effected in water, duly conferred on children and adults in the form
prescribed by the Church by anyone whatsoever, leads to salvation. And should
anyone after the reception of baptism have fallen into sin, by true repentance
he can always be restored. Not only virgins and those practicing chastity, but
also those united in marriage, through the right faith and through works
pleasing to God, can merit eternal salvation.
CANON 2
Text: We condemn, therefore, and
reprobate the book or tract which Abott Joachim published against Master Peter
Lombard concerning the unity or essense of the Trinity, calling him heretical
and insane because he said in his Sentences that the Father, Son, and Holy
Ghost are some supreme entity in which there is no begetting, no begotten, and
no proceeding. Whence he asserts that he (Peter Lombard) attributed to God not
so much a trinity as a quaternity, namely, three Persons and that common
essense as a fourth, clearly protesting that there is no entity that is Father,
Son, and Holy Ghost, neither is it essense or substance or nature, though he
concedes that the Father, Son, and Holy Ghost are one essense, one substance,
and one nature. But he says that such a unity is not a true and proper
(propriam) unity, but rather a collective one or one by way of similitude, as
many men are called one people and many faithful one Church, according to the
words: "The multitude of believers had but one heart and one soul"
(Acts 4: 32); and, "He who is joined to the Lord, is one spirit" (I
Cor. 6: I7); similarly, "He that planteth and he that watereth, are
one" (I Cor- 3: 8); and, "So we being many, are one body in
Christ" (Rom. 12: 5). Again in the Book of Kings (Ruth): "My people
and thy people are one" (Ruth I: i6). To strengthen this teaching he cites
that most important word which Christ spoke concerning the faithful in the
Gospel: will, Father, that they may be one, as we also are one, that they may
be made perfect in one" (John I7: 22 f.). For the faithful of Christ, he
says, are not one in the sense that they are some one thing that is common to
all, but in the sense that they constitute one Church by reason of the unity of
the Catholic faith and one kingdom by reason of the union of indissoluble
charity, as we read in the canonical Epistle of St. John: "There are three
who give testimony in heaven, the Father, the Word, and the Holy Ghost; nd
these three are one" (I John 5: 7). And immediately it is added: "And
there are three who give testimony on earth, the spirit, the water, and the
blood; and these three are one" (I John 5: 8), as it is found in some
codices.
But we, with the approval of the holy and general
council, believe and confess with Peter (Lombard) that there is one supreme
entity, incomprehensible and ineffable, which is truly Father, Son, and Holy
Ghost, together (simul) three persons and each one of them singly. And thus in
God there is only trinity, not quaternity, because each of the three persons is
that entity, namely, substance, essense, or divine nature, which alone is the
principle of the universe and besides which there is no other. And that entity
is not the one begetting or the one begotten or the one proceeding, but it is
the Father who begets, the Son who is begotten, and the Holy Ghost proceeds, in
order that there may be distinctions in the Persons who unity in the nature.
Though, therefore, the Father is one (being), and the Son is another, and the
Holy Ghost is another, yet they are not different (non tamen aliud); but that
which is the Father that is the Son and the Holy Ghost, absolutely the same,
since according to the Orthodox and Catholic faith they are believed to be
consubstantial. For the Father begetting the Son from eternity imparted to Him
His own substance, as He Himself testifies: "That which my father hath
given me, is greater than all" (John IO: 29). And it cannot- be said that
He gave to Him a part of His substance and retained a part for Himself, since
the substance of the Father is indivisible, that is, absolutely simple. But
neither can it be said that Father in begetting transferred His substance to
the Son, as if gave it to the Son without retaining it for Himself, otherwise
He would cease to be a substance. It is evident, therefore, that the Son in
being begotten received without any diminution the substance of the Father and
thus the Father and Son as well as the Holy Ghost proceeding from both are the
same entity. When therefore the Truth prays to the Father for the faithful,
saying: "I will that they be one in us, even as we are one" (John 7:
22), this term "one" is understood first for the faithful, as
implying a union of charity in grace, then for the divine persons, as implying
a unity of identity in nature; as the Truth says in another place: "Be you
perfect, as your heavenly Father is perfect" (Matt. 5: 48); as if He would
say more clearly: be perfect by the perfection of grace as your heavenly Father
is perfect by the perfection of nature, namely, each in his own way, because
between the Creator and the creature there cannot be a likeness so great that
the unlikeness is not greater. If therefore anyone presume to defend or approve
the teaching of the aforesaid Joachim on this point, let him be repressed by
all as a heretic.
In this, however, we do not wish to derogate in
anything from the monastery of Flora, which Joachim himself founded, since
therein is both the regular life and salutary observance, but chiefly because
the same Joachim ordered that his writings be submitted to us to be approved or
corrected by the judgment of the Apostolic See, dictating a letter which he
subscribed with his own hand, in which he firmly confesses that he holds that
faith which the Roman Church holds, which by the will of God is the mother and
mistress of all the faithful. We also reprobate and condemn the perverse
teaching of he impious Amaury (Almaricus, Amalricus) de Bene, whose mind the
father of lies has so darkened that his teaching is to be regarded not so much
heretical as insane.
CANON 3
Text. We excommunicate and
anathematize every heresy that raises against the holy, orthodox and Catholic
faith which we have above explained; condemning all heretics under whatever
names they may be known, for while they have different faces they are
nevertheless bound to each other by their tails, since in all of them vanity is
a common element. Those condemned, being handed over to the secular rulers of
their bailiffs, let them be abandoned, to be punished with due justice, clerics
being first degraded from their orders. As to the property of the condemned, if
they are laymen, let it be confiscated; if clerics, let it be applied to the
churches from which they received revenues. But those who are only suspected,
due consideration being given to the nature of the suspicion and the character
of the person, unless they prove their innocence by a proper defense, let them
be anathematized and avoided by all 1-intil they have made suitable
satisfaction; but if they have been under excommunication for one year, then
let them be condemned as heretics. Secular authorities, whatever office they
may hold, shall be admonished and induced and if necessary compelled by
ecclesiastical censure, that as they wish to be esteemed and numbered among the
faithful, so for the defense of the faith they ought publicly to take an oath
that they will strive in good faith and to the best of their ability to
exterminate in the territories subject to their jurisdiction all heretics
pointed out by the Church; so that whenever anyone shall have assumed
authority, whether spiritual or temporal, let him be bound to confirm this
decree by oath. But if a temporal ruler, after having been requested and
admonished by the Church, should neglect to cleanse his territory of this
heretical foulness, let him be excommunicated by the metropolitan and the other
bishops of the province. If he refuses to make satisfaction within a year, let
the matter be made known to the supreme pontiff, that he may declare the
ruler's vassals absolved from their allegiance and may offer the territory to
be ruled lay Catholics, who on the extermination of the heretics may possess it
without hindrance and preserve it in the purity of faith; the right, however,
of the chief ruler is to be respected as long as he offers no obstacle in this
matter and permits freedom of action. The same law is to be observed in regard
to those who have no chief rulers (that is, are independent). Catholics who
have girded themselves with the cross for the extermination of the heretics,
shall enjoy the indulgences and privileges granted to those who go in defense
of the Holy Land.
We decree that those who give credence to the
teachings of the heretics, as well as those who receive, defend, and patronize
them, are excommunicated; and we firmly declare that after any one of them has
been branded with excommunication, if he has deliberately failed to make
satisfaction within a year, let him incur ipso jure the stigma of infamy
and let him not be admitted to public offices or deliberations, and let him not
take part in the election of others to such offices or use his right to give
testimony in a court of law. Let him also be intestable, that he may not have
the free exercise of making a will, and let him be deprived of the right of
inheritance. Let no one be urged to give an account to him in any matter, but
let him be urged to give an account to others. If perchance he be a judge, let
his decisions have no force, nor let any cause be brought to his attention. If
he be an advocate, let his assistance by no means be sought. If a notary, let
the instruments drawn up by him be considered worthless, for, the author being
condemned, let them enjoy a similar fate. In all similar cases we command that
the same be observed. If, however, he be a cleric, let him be deposed from
every office and benefice, that the greater the fault the graver may be the
punishment inflicted.
If any refuse to avoid such after they have been
ostracized by the Church, let them be excommunicated till they have made
suitable satisfaction. Clerics shall not give the sacraments of the Church to
such pestilential people, nor shall they presume to give them Christian burial,
or to receive their alms or offerings; otherwise they shall be deprived of
their office, to which they may not be restored without a special indult of the
Apostolic See. Similarly, all regulars, on whom also this punishment may be
imposed, let their privileges be nullified in that diocese in which they have
presumed to perpetrate such excesses.
But since some, under "the appearance of
godliness, but denying the power thereof," as the Apostle says (II Tim. 3:
5), arrogate to themselves the authority to preach, as the same Apostle says:
"How shall they preach unless they be sent?" (Rom. 10:15), all those
prohibited or not sent, who, without the authority of the Apostolic See or of
the Catholic bishop of the locality, shall presume to usurp the office of
preaching either publicly or privately, shall be excommunicated and unless they
amend, and the sooner the better, they shall be visited with a further suitable
penalty. We add, moreover, that every archbishop or bishop should himself or
through his archdeacon or some other suitable persons, twice or at least once a
year make the rounds of his diocese in which report has it that heretics dwell,
and there compel three or more men of good character or, if it should be deemed
advisable, the entire neighborhood, to swear that if anyone know of the
presence there of heretics or others holding secret assemblies, or differing
from the common way of the faithful in faith and morals, they will make them
known to the bishop. The latter shall then call together before him those
accused, who, if they do not purge themselves of the matter of which they are
accused, or if after the rejection of their error they lapse into their former
wickedness, shall be canonically punished. But if any of them by damnable obstinacy
should disapprove of the oath and should perchance be unwilling to swear, from
this very fact let them be regarded as heretics.
We wish, therefore, and in virtue of obedience
strictly command, that to carry out these instructions effectively the bishops
exercise throughout their dioceses a scrupulous vigilance if they wish to
escape canonical punishment. If from sufficient evidence it is apparent that a
bishop is negligent or remiss in cleansing his diocese of the ferment of
heretical wickedness, let him be deposed from the episcopal office and let
another, who will and can confound heretical depravity, be substituted.
CANON 4
Summary.
Those baptized by the Latins must not be rebaptized by the Greeks.
Text. Though we wish to favor and
honor the Greeks who in our days are returning to the obedience of the
Apostolic See by permitting them to retain their customs and rites in so far as
the interests of God allow us, in those things, however, that are a danger to
souls and derogatory to ecclesiastical propriety, we neither wish nor ought to
submit to them. After the Church of the Greeks with some of her accomplices and
supporters had severed herself from the obedience of the Apostolic See, to such
an extent did the Greeks begin hating the Latins that among other things which
they impiously committed derogatory to the Latins was this, that when Latin
priests had celebrated upon their altars, they would not offer the sacrifice
upon those altars till the altars had first been washed, as if by this they had
been defiled. Also, those baptized by the Latins the Greeks rashly presume to
rebaptize, and even till now, as we understand, there are some who do not
hesitate to do this. Desirous, therefore, of removing such scandal from the
Church of God, and advised by the holy council, we strictly command that they
do not presume to do such things in the future, but conform themselves as
obedient children to the Holy Roman Church, their mother, that there may be
"one fold and one shepherd." If anyone shall presume to act contrary
to this, let him be excommunicated and deposed from every office and
ecclesiastical benefice.
CANON 5
Summary.
The council approves the existing order of the patriarchal sees and affirm,
three of their privileges: their bishops may confer the pallium and may have
the cross borne before them, and appeals may be taken to them.
Text. Renewing the ancient privileges
of the patriarchal sees, we decree with the approval of the holy and ecumenical
council, that after the Roman Church, which by the will of God holds over all
others pre-eminence of ordinary power as the mother and mistress of all the
faithful, that of Constantinople shall hold first place, that of Alexandria
second, that of Antioch third, and that of Jerusalem fourth, the dignity proper
to each to be observed; so that after their bishops have received from the
Roman pontiff the pallium, which is the distinguishing mark of the plenitude of
the pontifical office, and have taken the oath of fidelity and obedience to
him, they may also lawfully bestow the pallium upon their suffragans, receiving
from them the canonical profession of faith for themselves, and for the Roman
Church the pledge of obedience. They may have the standard of the cross borne
before them everywhere, except in the city of Rome and wherever the supreme
pontiff or his legate wearing the insignia of Apostolic dignity is present. In
all provinces subject to their jurisdiction appeals may be taken to them when
necessary, saving the appeals directed to the Apostolic See, which must be
humbly respected.
CANON 6
SUMMARY
Provincial synod, for the correction of abuses and the enforcement of canonical
enactments must be held annually. To ensure this, reliable persons are to be
appointed who will investigate such thin as need correction.
Text. In accordance with the ancient
provisions of the holy Fathers, the metropolitans must not neglect to hold with
their suffragans the annual provincial synods. In these they should be actuated
with a genuine fear of God in correcting abuses and reforming morals,
especially the morals of the clergy, familiarizing themselves anew with the
canonical rules, particularly those that are enacted in this general council,
that they may enforce their observance by imposing due punishment on
transgressors. That this may be done more effectively, let them appoint in each
and every diocese prudent and upright persons, who throughout the entire year
shall informally and without any jurisdiction diligently investigate such
things as need correction or reform and faithfully present them to the
metropolitan, suffragans, and others in the following synod, so that they may
give prudent consideration to these and other matters as circumstances demand;
and in reference to those things that they decree, let them enforce observance,
publishing the decisions in the episcopal synods to be held annually in each
diocese. Whoever shall neglect to comply with this salutary statute, let him be
suspended from his office and benefits till it shall please his superior to
restore him.
CANON 7
Summary
No custom or appeal shall hinder prelates from correcting abuses and reforming
the morals of their subjects. If the chapter neglects to correct the excesses
of the canons, it shall devolve upon the bishop to do so. Prelates shall not
use this statute as means of pecuniary gain.
Text. By an irrefragable decree we
ordain that prelates make a prudent and earnest effort to correct the excesses
and reform the morals of their subjects, especially of the clergy, lest their
blood be demanded at their hands. But that they may perform unhindered the duty
of correction and reform, we decree that no custom or apeal shall stand in the
way of their efforts, unless they shall have exceeded the form to be observed
in such cases. The abuses, however, of the canons of the cathedral church, the
correction of which has by custom belonged to the chapter, shall, in those
churches in which such a custom has hitherto prevailed, by the advice or
command of the bishop be corrected within a reasonable time specified by the
bishop. Otherwise the bishop, having in mind the interests of God, opposition
notwithstanding, shall not delay to correct them means of ecclesiastical
censure according as the cura animarum demands. Nor shall he neglect to
correct the excesses also of the other clerics (those assisting the canons)
according as the cura animarum requires, due order, however, being
observed in all things. If the canons without a manifest and reasonable cause,
chiefly through contempt for the bishop, discontinue divine services, the
bishop may, if he wishes, celebrate in the cathedral church, and on his
complaint the metropolitan, as delegated by us in this matter, shall so punish
them with ecclesiastical censure that for fear of a repetition of the
punishment they will not presume to do such things in the future. Let the
prelates of the churches, therefore, be diligently on their guard that they do
not convert this salutary decree into a means of personal profit or other
objectionable conduct, but let them enforce it earnestly and faithfully if they
wish to escape canonical punishment, for in this matter the Apostolic See, on
the authority of the Lord, will be most vigilant.
CANON 8
SUMMARY:
Reports of serious irregularities by prelates and inferior clerics must be investigated
bv the superior. The accused must be given occasion to defend himself and,
ii-found 'guilty, must be punished accordingly.
Text:. How and when a prelate ought to
proceed in the inquiry and punishment of the excesses of subjects (that is, of
clerics), is clearly deduced from the authority of the New and Old Testaments,
from which the canonical decrees were afterward drawn, as we have long since
clearly pointed out and now with the approval of the holy council confirm. For
we read in the Gospel that the steward who was accused to his master of wasting
his goods, heard him say: "How is it that I hear this of thee? Give an
account of thy stewardship, for now thou canst be steward no longer" (Luke
i6: 2). And in Genesis the Lord said: "I will go down and see whether they
have done according to the cry that is come to me" (Gen. i8: 2i). From
these authorities it is clearly proved that not only when a subject (that is, a
cleric of a lower rank) but also when a prelate is guilty of excesses and these
should come to the ears of the superior through complaint and report, not
indeed from spiteful and slanderous persons, but from those who are prudent and
upright persons, and not only once but often, he must in the presence of the
seniors of the church carefully inquire into the truth of such reports, so that
if they prove to be true, the guilty party may be duly punished without the
superior being both accuser and judge in the matter. But, while this is to be
observed in regard to subjects, the observance must be stricter in reference to
prelates, who are, as it were, a ,target for the arrow. Because they cannot
please all, since by their very office they are bound not only to rebuke but
also at times to loose and bind, they frequently incur the hatred of many and
are subject to insidious attacks. The holy fathers, therefore, wisely decreed
that accusations against prelates must be accepted with great reserve lest, the
pillars being shattered, the edifice itself fall unless proper precaution be
exercised by which recourse not only to false but also malicious incrimination
is precluded. They wished so to protect prelates that on the one hand they
might not be unjustly accused, and on the other hand that they might be on
their guard, lest they should become haughtily delinquent; finding a suitable
remedy for each disease in the provision that a criminal accusation which calls
for a diminutio capitis, that is, degradation, is by no means to be
accepted, nisi legitima praecedat inscriptio. But when anyone shall have
been accused on account of his excesses, so that the reports and whisperings
arising therefrom cannot any longer be ignored without scandal or tolerated
without danger, then steps, inspired not by hatred but by charity, must be
taken without scruple toward an inquiry and punishment of his excesses. If it
is a question of a grave offense, though not one that calls for a degradatio
ab ordine, the accused must be deprived absolutely of all administrative
authority, which is in accordance with the teaching of the Gospel, namely, that
the steward who cannot render a proper account of his office as steward be
deprived of his stewardship. He about whom inquiry is to be made must be
present, unless he absents himself through stubbornness; and the matter to be
investigated must be made known to him, that he may have opportunity to defend
himself. Not only the testimony of the witnesses but also their names must be
made known to him, that he may be aware who testified against him and what was
their testimony; and finally, legitimate exceptions and replications must be
admitted, lest by the suppression of names and by the exclusion of exceptions
the boldness of the defamer and the false witness be encouraged. The diligence
of the prelate in correcting the excesses of his subjects ought to be in
proportion to the blameworthiness of allowing the offense to go unpunished.
Against such offenders, to say nothing of those who are guilty of notorious
crimes, there can be a threefold course of procedure, namely, by accusation, by
denunciation, and by inquiry, in all of which, however, proper precaution must
be exercised lest perchance by undue haste grave detriment should result. The
accusation must be preceded by the legitima inscriptio, denunciation by
the caritativa admonitio, and the inquiry by the clamosa insinuatio
(diffamatio); such moderation to be always used that the forma
sententiae be governed by the forma judicii. The foregoing, however,
does not apply to regular clerics, who, when a reason exists, can be removed
from their charges more easily and expeditiously.
CANON 9
SUMMARY:
In cities and dioceses where there are people of different languages, the
bishop must provide suitable priests to minister to them. If necessity
requires, let him appoint a vicar who shall be responsible to him. There may
not, however, be two bishops in the same diocese.
Text: Since in many places within the
same city and diocese there are people of different languages having one faith
but various rites and customs, we strictly command that the bishops of these
cities and dioceses provide suitable men who will, according to the different
rites and languages, celebrate the divine offices for them, administer the
sacraments of the Church and instruct them by word and example. But we
absolutely forbid that one and the same city or diocese have more than one
bishop, one body, as it were, with several heads, which is a monstrosity. But
if by reason of the aforesaid conditions an urgent necessity should arise, let
the bishop of the locality after due deliberation appoint a prelate acceptable
to those races, who shall act as vicar in the aforesaid matters and be subject
to him all things. If anyone shall act otherwise, let him consider himself
excommunicated; and if even then he will not amend, let him be deposed from
every ecclesiastical ministry, and if need be, let the secular arm be employed,
that such insolence may be curbed.
CANON 10
SUMMARY:
Bishops who are unable to preach the word of God to the people are to provide
suitable men to do it for them. They must see to it that the needs of the
clergy so appointed are supplied, otherwise their work will prove a failure.
Text: Among other things that pertain
to the salvation of the Christian people, the food of the word of God is above
all necessary, because as the body is nourished by material food, so is the
soul nourished by spiritual food, since "not in bread alone doth man live
but in every word that proceedeth from the mouth of God" (Matt. 4: 4). It
often happens that bishops, on account of their manifold duties or bodily
infirmities, or because of hostile invasions or other reasons, to say nothing
of lack of learning, which must be absolutely condemned in them and is not to
be tolerated in the future, are themselves unable to minister the word of God
to the people, especially in large and widespread dioceses. Wherefore we decree
that bishops provide suitable men, powerful in work and word, to exercise with
fruitful result the office of preaching; who in place of the bishops, since
these cannot do it, diligently visiting the people committed to them, may
instruct them by word and example. And when they are in need, let them be
supplied with the necessities, lest for want of these they may be compelled to
abandon their work at the very beginning. Wherefore we command that in
cathedral churches as well as in conventual churches suitable men be appointed
whom the bishops may use as coadjutors and assistants, not only in the office
of preaching but also in hearing confessions, imposing penances, and in other
matters that pertain to the salvation of souls. If anyone neglect to comply
with this, he shall be subject to severe punishment.
CANON 11
SUMMARY In
every cathedral church and other churches also that have sufficient means, a
master is to be appointed to instruct gratis the clerics and poor
students. The metropolitan church ought to have a theologian who shall teach
the clergy whatever pertains to the cura animarum (i.e. care of souls).
Text. Since there are some who, on
account of the lack of necessary means, are unable to acquire an education or
to meet opportunities for perfecting themselves, the Third Lateran Council in a
salutary decree provided that in every cathedral church a suitable benefice be
assigned to a master who shall instruct gratis the clerics of that
church and other poor students, by means of which benefice the material needs
of the master might be relieved and to the students a way opened to knowledge.
But, since in many churches this is not observed, we, confirming the aforesaid
decree, add that, not only in every cathedral church but also in other churches
where means are sufficient, a competent master be appointed by the prelate with
his chapter, or elected by the greater and more discerning part of the chapter,
who shall instruct gratis and to the best of his ability the clerics of
those and other churches in the art of grammar and in other branches of
knowledge. In addition to a master, let the metropolitan church have also a
theologian, who shall instruct the priests and others in the Sacred Scriptures
and in those things especially that pertain to the cura animarum. To each
master let there be assigned by the chapter the revenue of one benefice, and to
the theologian let as much be given by the metropolitan; not that they thereby
become canons, but they shall enjoy the revenue only so long as they hold the
office of instructor. If the metropolitan church cannot support two masters,
then it shall provide for the theologian in the aforesaid manner, but for the
one teaching grammar, let it see to it that a sufficiency is provided by
another church of its city or diocese.
CANON 12
SUMMARY:
Provincial chapters of regulars are to be held every three years. All not
canonically impeded must-attend. The chapters to be under the guidance of two
Cistercians, and careful attention is to be given to the reform of the order
and to regular observance. Visitation of monasteries and nunneries. Ordinaries
must strive to reform monasteries and ward off molestation of them by lay
officials.
Text: In every ecclesiastical
province there shall be held every three years, saving the right of the
diocesan ordinaries, a general chapter of abbots and of priors having no
abbots, who have not been accustomed to celebrate such chapters. This shall be
held in a monastery best adapted to this purpose and shall be attended by all
who are not canonically impeded, with this restriction, however, that no one
bring with him more than six horses and eight persons. In inaugurating this new
arrangement, let two neighboring abbots of the Cistercian order be invited to
give them counsel and opportune assistance, since among them the celebration of
such chapters is of long standing. These two Cistercians shall without
hindrance choose from those present two whom they consider the most competent,
and these four shall preside over the entire chapter, so that no one of these
four may assume the authority of leadership; should it become expedient, they
may be changed by prudent deliberation. Such a chapter shall be celebrated for
several consecutive days according the custom of the Cistercian order. During
its deliberations careful attention is to be given to the reform of the order
and to regular observance, and what has been enacted with the approval of the
four shall be observed inviolably by all, excuses, contradictions, and appeals
to the contrary notwithstanding. In each of these chapters the place for the
holding of the following one is to be determined. All those in attendance, even
if f or want of room many must occupy other houses, must live the vita
communis and bear proportionately all common expenses. In the same chapter
religious and prudent persons should be appointed who, in our name, shall visit
every abbey in the province, not only of monks but also of nuns, according to a
form prescribed for them, correcting and reforming those things that need
correction and reform; so that, if they should know that the rector of a
locality ought to be removed from office, let them make it known to his bishop,
that he may procure his removal; but if he should neglect to do it, then the
appointed visitors shall refer the matter to the attention of the Apostolic
See. We wish and command that canons regular observe this according to their
order. But if in this new arrangement a difficulty should arise which cannot be
disposed of by the aforesaid persons, let it be referred without scandal to the
judgment of the Apostolic See; in the meantime let the other things that have
been accomplished by amicable deliberation be in. violably observed. Moreover,
the diocesan ordinaries must strive so to reform the monasteries subject to
them, that when the aforesaid visitors come to them they will find in them more
that is worthy of commendation than of correction, taking special care lest the
monasteries be oppressed by them with undue burdens. For, while we wish that
the rights of the superiors be respected, we do not on that account wish that
injury be sustained by inferiors. We strictly command diocesan bishops and
persons attending the chapters, that with ecclesiastical censure-every appeal
being denied-they restrain advocates, patrons, vicegerents, rulers, consuls,
nobles, and soldiers, and all others, from molesting the monasteries either in
persons or properties and if perchance these persons should so molest, let the
aforesaid bishops and chapter members not neglect to compel these latter to
make satisfaction, that the monasteries may serve Almighty
God more freely and peacefully.
CANON 13
SUMMARY:
The founding of new religious orders is forbidden. New monasteries must accept
a rule already approved. A monk may not reside in different monasteries nor may
one abbot preside over several monasteries.
Text. Lest too great a diversity of
religious orders lead to grave confusion in the Church of God, we strictly
forbid anyone in the future to found a new order, but whoever should wish to
enter an order, let him choose one already approved. Similarly, he who would
wish to found a new monastery, must accept a rule already proved. We forbid
also anyone to presume to be a monk in different monasteries (that is, belong
to different monasteries), or that one abbot preside over several monasteries.
CANON 14
Summary:
Clerics, especially those in sacred orders, shall live chastely and virtuously.
Anyone suspended for incontinency who presumes to celebrate the divine
mysteries shall be forever deposed.
Text: That the morals and general
conduct of clerics may be better let all strive to live chastely and
virtuously, particularly those in sacred orders, guarding against every vice of
desire, especially that on account of which the anger of God came from heaven
upon the children of unbelief, so that in the sight of Almighty God they may
perform their duties with a pure heart and chaste body. But lest the facility
to obtain pardon be an incentive to do wrong, we decree that whoever shall be
found to indulge in the vice of incontinence, shall, in proportion to the
gravity of his sin, be punished in accordance with the canonical statutes,
which we command to be strictly and rigorously observed, so that he whom divine
fear does not restrain from evil, may at least be withheld from sin by a
temporal penalty. If therefore anyone suspended for this reason shall presume
to celebrate the divine mysteries, let him not only be deprived of his
ecclesiastical benefices but for this twofold offense let him be forever
deposed. Prelates who dare support such in their iniquities, especially in view
of money or other temporal advantages, shall be subject to a like punishment. But
if those. who according to the practice of their country have not renounced the
conjugal bond, fall by the vice of impurity, they are to be punished more
severely, since they can use matrimony lawfully.
CANON 15
SUMMARY Clerics,
who after being warned do not abstain from drunkenness, shall be suspended from
their office and benefice.
Text. All clerics shall carefully
abstain from drunkenness. Wherefore, let them accommodate the wine to
themselves, and themselves to the wine. Nor shall anyone be encouraged to
drink, for drunkenness banishes reason and incites to lust. We decree,
therefore, that that abuse be absolutely abolished by which in some localities
the drinkers bind themselves suo modo to an equal portion of drink and
he in their judgment is the hero of the day who out drinks the others. Should
anyone be culpable in this matter, unless he heeds the warning of the superior
and makes suitable satisfaction, let him be suspended from his benefice or
office.
We forbid hunting and fowling to all clerics;
wherefore, let them not presume to keep dogs and birds for these purposes.
CANON 16
SUMMARY Clerics
are not to engage in secular pursuits, attend unbecoming exhibitions, visit
taverns, or play games of chance. Their clothing must be in keeping with their
dignity.
Text. Clerics shall not hold secular
offices or engage in secular and, above all, dishonest pursuits. They shall not
attend the performances of mimics and buffoons, or theatrical representations.
They shall not visit taverns except in case of necessity, namely, when on a
journey. They are forbidden to play games of chance or be present at them. They
must have a becoming crown and tonsure and apply themselves diligently to the
study of the divine offices and other useful subjects. Their garments must be
worn clasped at the top and neither too short nor too long. They are not to use
red or green garments or curiously sewed together gloves, or beak-shaped shoes
or gilded bridles, saddles, pectoral ornaments (for horses), spurs, or anything
else indicative of superfluity. At the divine office in the church they are not
to wear cappas with long sleeves, and priests and dignitaries may not wear them
elsewhere except in case of danger when circumstances should require a change
of outer garments. Buckles may under no condition be worn, nor sashes having
ornaments of gold or silver, nor rings, unless it be in keeping with the
dignity of their office. All bishops must use in public and in the church outer
garments made of linen, except those who are monks, in which case they must
wear the habit of their order; in public they must not appear with open
mantles, but these must be clasped either on the back of the neck or on the
bosom.
CANON 17
SUMMARY.
Prelates and clerics are commanded in virtue of obedience to celebrate
diligently and devoutly the diurnal and nocturnal offices.
Text: It is a matter for regret that
there are some minor clerics and even prelates who spend half of the night in
banqueting and in unlawful gossip, not to mention other abuses, and in giving
the remainder to sleep. They are scarcely awakened by the diurnal concerts of
the birds. Then they hasten through matins in a hurried and careless manner.
There are others who say mass scarcely four times a year and, what is worse, do
not even attend mass, and when they are present they are engaged outside in
conversation with lay people to escape the silence of the choir; so that, while
they readily lend their ears to unbecoming talk, they regard with utter
indifference things that are divine. These and all similar things, therefore,
,we absolutely forbid under penalty of suspension, and strictly command in
virtue of obedience that they celebrate diligently and devoutly the diurnal and
nocturnal offices so far as God gives them strength.
CANON 18
SUMMARY
Clerics may neither pronounce nor execute a sentence of death. Nor may they act
as judges in extreme criminal cases, or take pa in matters connected with
judicial tests and ordeals.
Text. No cleric may pronounce a
sentence of death, or execute such a sentence, or be present at its execution.
If anyone in consequence of this prohibition (hujusmodi occasions statuti) should
presume to inflict damage on churches or injury on ecclesiastical persons, let
him be restrained by ecclesiastical censure. Nor may any cleric write or
dictate letters destined for the execution of such a sentence. Wherefore, in
the chanceries of the princes let this matter be committed to laymen and not to
clerics. Neither may a cleric act as judge in the case of the Rotarrii, archers,
or other men of this kind devoted to the shedding of blood. No subdeacon,
deacon, or priest shall practice that part of surgery involving burning and
cutting. Neither shall anyone in judicial tests or ordeals by hot or cold water
or hot iron bestow any blessing; the earlier prohibitions in regard to dueling
remain in force.
CANON 19
SUMMARY:
Household goods must not be stored in churches unless there be an urgent
necessity. Churches, church vessels, and the like must be kept clean.
Text: We do not wish to leave
uncorrected the practice of certain clerics who convert the churches into
storehouses for their own household goods and also for those of others,"'
so that the churches have the appearance of the houses of lay people rather
than of the house of God, not considering that the Lord does not permit the
carrying of a vessel through the temple. There are also others who not only
neglect to keep the churches clean but also leave the vessels, vestments,
palls, and corporals so unclean that sometimes they are a source of aversion.
Wherefore, since the zeal of the house of God hath eaten us up (John 2: I 7),
we strictly forbid that household goods be placed in the churches, unless by
reason of hostile invasion, sudden fire, or other urgent reasons it should
become necessary to store them there. When, however, the necessity no longer
exists, let them be returned to their proper place. We command also that the
aforesaid churches, vessels, corporals, and vestments be kept clean and bright.
For it is absurd to tolerate in sacred things a filthiness that is unbecoming
even in profane things.
CANON 20
SUMMARY:
In all churches the Eucharist and the chrism must be kept under lock and .key.
Those who neglect to do this, are to be suspended.
Text: We decree that in all churches
the chrism and the Eucharist be kept in properly protected places provided with
locks and keys, that they may not be reached by rash and indiscreet persons and
used for impious and blasphemous purposes. But if he to whom such guardianship
pertains should leave them unprotected, let him be suspended from office for a
period of three months. And if through his negligence an execrable deed should
result, let him be punished more severely.
CANON 21
SUMMARY Everyone
who has attained the age of reason is bound to confess his sins at least once a
year to his own parish pastor with his permission to another, and to receive
the Eucharist at least at Easter. A priest who reveals a sin confided to him in
confession is to be deposed and relegated to a monastery for the remainder of
his life.
Text. All the faithful of both sexes
shall after they have reached the age of discretion faithfully confess all
their sins at least once a year to their own (parish) priest and perform to the
best of their ability the penance imposed, receiving reverently at least at
Easter the sacrament of the Eucharist, unless perchance at the advice of their
own priest they may for a good reason abstain for a time from its reception;
otherwise they shall be cut off from the Church (excommunicated) during life
and deprived of Christian burial in death. Wherefore, let this salutary decree
be published frequently in the churches, that no one may find in the plea of
ignorance a shadow of excuse. But if anyone for a good reason should wish to
confess his sins to another priest, let him first seek and obtain permission
from his own (parish) priest, since otherwise he (the other priest) cannot
loose or bind him.
Let the priest be discreet and cautious that he
may pour wine and oil into the wounds of the one injured after the manner of a
skilful physician, carefully inquiring into the circumstances of the sinner and
the sin, from the nature of which he may understand what kind of advice to give
and what remedy to apply, making use of different experiments to heal the sick
one. But let him exercise the greatest precaution that he does not in any
degree by word, sign, or any other manner make known the sinner, but should he
need more prudent counsel, let him seek it cautiously without any mention of
the person. He who dares to reveal a sin confided to him in the tribunal of
penance, we decree that he be not only deposed from the sacerdotal office but
also relegated to a monastery of strict observance to do penance for the
remainder of his life.
CANON 22
SUMMARY.
Physicians of the body called to the bedside of the sick shall before all
advise them to call for the physician of souls, so that, spiritual health being
restored, bodily health will follow.
Text: Since bodily infirmity is sometimes
caused by sin, the Lord saying to the sick man whom he had healed: "Go and
sin no more, lest some worse thing happen to thee" (John 5: I4), we
declare in the present decree and strictly command that when physicians of the
body are called to the bedside of the sick, before all else they admonish them
to call for the physician of souls, so that after spiritual health has been
restored to them, the application of bodily medicine may be of greater benefit,
for the cause being removed the effect will pass away. We publish this decree
for the reason that some, when they are sick and are advised by the physician
in the course of the sickness to attend to the salvation of their soul, give up
all hope and yield more easily to the danger of death. If any .physician shall
transgress this decree after it has been published by bishops, let him be cut
off (arceatur) from the Church till he has made suitable satisfaction
for his transgression. And since the soul id far more precious than the body,
we forbid under penalty of anathema that a physician advise a patient to have
recourse to sinful means for the recovery of bodily health.
CANON 23
SUMMARY
If those to whom it Pertains neglect to elect a bishop for a cathedral within
three months, then this duty devolves upon the next immediate superior. If he
neglects to do so within three months, he shall be punished.
Text. That the ravenous wolf may not
invade the Lord's flock that is without a pastor, that a widowed church may not
suffer grave loss in its properties, that danger to soul may be averted, and
that provision may be made for the security of the churches, we decree that a
cathedral or regular church must not be without a bishop for more than three
months. If within this time an election has not been held by those to whom it
pertains, though there was no impediment, the electors lose their right of
voting, and the right to appoint devolves upon the next immediate superior. Let
the one upon whom this right to appoint devolves, having God before his eyes,
not delay more than three months to provide canonically and with the advice of
the chapter and other prudent men the widowed church with a suitable pastor, if
he wishes to escape canonical punishment. This pastor is to be chosen from the
widowed church itself, or from another in case a suitable one is not found
therein.
CANON 24
SUMMARY.
Three forms or methods of election are recognized: the normal one by ballot, by
compromise, and by quasi-inspiration. No one may vote by proxy.
Text. Since, on account of the different
forms of elections which some endeavor to employ, many impediments arise and
great danger threatens the widowed churches, we decree that when an election is
to take place and all are present who ought, wish, and are able tobe present,
let three trustworthy members of the assembly be chosen who shall with care
collect secretly and one by one the votes of all; and when these have been
written down, he is to be considered elected who has obtained all or the
majority of the votes of the chapter, absolutely no appeal being allowed. Or
the authority of making the choice may be entrusted to some confidential
persons, who in the place of all may provide a pastor for the widowed church.
An election in any other form is not valid, unless perchance there is absolute
unanimity among the electors, as if by divine inspiration. Whoever shall
attempt to hold an election contrary to the aforesaid forms, shall for this
time be deprived of his vote. We absolutely forbid that anyone appoint a
representative in the matter of an election (that is, vote by proxy), unless he
be canonically impeded and cannot come, in which case, if need be, let him
declare himself to that effect on oath, and then he may choose one of his
colleagues at the assembly to represent him. We also disapprove of clandestine
elections, and decree that as soon as an election has it must be solemnly made
public.
CANON 25
Summary.
He who consents to the election of himself with the aid of the secular power
becomes thereby ineligible, and the election is null.
Text. Whoever shall presume to
consent to the election of himself through the abusive intervention of the
secular authorities contrary to canonical liberty, shall lose the advantage he
has gained therefrom and shall be ineligible in the future, nor may he be
chose,, or raised to any other dignity without a dispensation. Those who
presume to hold an election of this kind (that is, those who allow themselves
to be influenced by secular authorities), we declare to be ipso jure invalid,
let them be absolutely suspended from offices and benefices for a period of
three years, and during this time let them be deprived of the right of voting.
CANON 26
Summary.
If a prelate through negligence has confirmed the election of an unworthy
candidate for the guidance of souls, he is to lose the right of confirming the
first successor of such a one and is also to be deprived of the revenue of his
benefice, and the the one unworthily promoted is to be removed. If his action
was prompted by malice, a severer penalty is to be imposed on him.
Text. Nothing is more injurious to the
Church of God than the selection of unworthy prelates for the direction of
souls. Wishing, therefore, to apply the necessary remedy to this evil, we
decree by an irrefragable ordinance that when anyone has been elected for the
guidance of souls, he to whom the confirmation of the election belongs shall
carefully investigate the process and circumstances of the election as well as
the person of the one elected, and only when everything proves to be satisfactory
may he confirm. If through carelessness the contrary should take place, then
not only the one unworthily promoted is to be removed, but the one also who
furthered such promotion (by confirmation) is to be punished. The latter's
punishment, we decree, shall consist in this, that when it is agreed that
through negligence he confirmed a person who lacks sufficient knowledge or is
wanting in integrity of morals or is not of legitimate age, not only is he to
lose the right of confirming the first successor of such a person, but, that he
may not in some case escape punishment, he is also to be deprived of the
revenues of his benefice till he be deemed worthy of pardon. If, however, the
evidence shows that his action was inspired by malice, a severer punishment is
to be imposed on him. Bishops also, if they wish to escape canonical
punishment, shall take the necessary precaution to promote to sacred orders and
ecclesiastical dignities only such as are qualified to discharge worthily the
duties of the office committed to them. Those who are immediately subject to
the Roman pontiff, must appear personally before him for confirmation if this
can be done conveniently, otherwise they may send suitable persons from whom
may be ascertained the necessary information regarding the process of the
election and the person of the one elected; so that only after a thorough
investigation by the pope will those elected obtain the plenitude of their
office, provided, of course, there be no canonical obstruction. Those who live
at a great distance, that is outside of Italy, if they have been elected
unanimously, may in the meantime and by way of exception (dispensative), on
account of the needs of the churches, administer the respective offices in
matters spiritual and temporal, so, however that they alienate absolutely
nothing belonging to the churches. The consecration or benediction let them
receive as has so far been the custom."
CANON 27
SUMMARY Incompetent
persons must not be promoted to the priesthood or given the direction of souls.
Text. Since the direction of souls is
the art of arts, we strictly command that bishops, either themselves or through
other qualified men, diligently prepare and instruct those to be elevated to
the priesthood in the divine offices and in the proper administration of the
sacraments of the Church. If in the future they presume to ordain ignorant and
unformed men (a defect that can easily be discovered), we decree that both
those ordaining and those ordained be subject to severe punishment. In the
ordination of priests especially, it is better to have a few good ministers
than many who are no good, for if the blind lead the blind both will fall into
the pit (Matt. 15:14).
CANON 28
SUMMARY:
He who seeks and obtains permission to resign must do so.
Text: There are some who urgently
seek permission to resign and after obtaining such permission neglect to do so.
But since in requesting a resignation they seemed to have in view the needs of
the churches over which they preside or their own salvation, neither of which
we wish to be impeded, whether by the sophistication of self-seeking or by mere
instability, we decree that they be compelled to resign.
CANON 29
SUMMARY
Anyone having a benefice with the cura animarum annexed, if he accepts another,
shall lose the first; and if he attempts to retain it, he shall lose the other
also. After the reception of the second benefice, the first may be freely
conferred on another. If he to whom that collation belongs should delay beyond
six months, then it shall devolve on another and the form shall indemnify the
church for the losses incurred during the vacancy
Text. With much foresight it was
prohibited in the Lateran Council that no one should, contrary to the sacred
canons, accept several ecclesiastical dignities or several parochial churches;
otherwise the one receiving should lose what he received, and the one who
bestowed be deprived of the right of collation. But since, on account of the
boldness and avarice of some, the aforesaid statute has thus far produced
little or no fruit, we, wishing to meet the situation more clearly and
emphatically, declare in the present decree that whoever shall accept a
benefice to which is annexed the cura animamm after having previously
obtained such a benefice, shall ipso jure be deprived of this (the first
one); and if perchance he should attempt to retain it, let him be deprived of
the other one also. He to whom the collation of the first benefice belongs may
freely confer it, after the incumbent has accepted a second, on anyone whom he
may deem worthy; should he delay to do so beyond a period of six months, then
in accordance with the decree of the Lateran Council, let not only its
collation devolve on another, but also let him be compelled to indemnify the
church in question from his own resources equal to the amount of the revenues
drawn from it during its vacancy. The same we decree is to be observed in
regard to dignities (personatus), adding, that no one may presume to have
several dignities in the same church, even though they have not the cura
animarum annexed. Only in the case of eminent and learned persons who are
to be honored with major benefices, can the Apostolic See, if need be, grant a
dispensation.
CANON 30
Summary.
The provincial synod is to suspend from the collation of benefices those who
after two admonitions confer benefices on unworthy persons. The removal of this
suspension the pope reserves to himself or to the patriarch of the one
suspended.
Text. It is a very inconsistent and
grave matter that some bishops, when they can promote suitable men to
ecclesiastical benefices, do not fear to choose unworthy ones, who lack
integrity of morals and sufficient knowledge, following the carnal and
inordinate affections for their kindred rather than the judgment of reason. The
great detriment that thus accrues to the churches no one of sound mind is
ignorant of. Wishing, therefore, to cure this disease, we command that unworthy
persons be rejected and suitable ones, who will and can render to God and the churches
an acceptable service, be chosen; and let a careful investigation in regard to
this matter be made in the annual provincial synod. Anyone who has been found
culpable after the first and second admonition, let him be suspended by the
synod from conferring benefices, and in the same synod let a prudent and
upright person be appointed who may take the place of the one suspended. The
same is to be observed in regard to the chapters that prove delinquent in this
matter. An offense of this kind on the part of a metropolitan must be made
known by the synod to a higher superior. That this salutary provision may be
more effectively observed, such a sentence of suspension may by no means e
removed except by the authority of the Roman pontiff or by the patriarch of the
one suspended, that in this matter also the four patriarchal sees may be
specially honored.
CANON 31
Summary.
Illegitimate sons of canons may not be appointed heir fathers serve. Such
appointments are invalid.
Text. To destroy that worst of corruptions
that grown up in many churches, we strictly forbid that the sons of canons,
especially the illegitimate ones be made canons in the same secular churches in
which their fathers have been appointed. Such appointments, we decree are
invalid; those who presume to make them, let them be suspended from their
benefices
****
CANON 32
Summary.
The rector
of a church, notwithstanding the custom of bishops and patrons must have a
sufficient portion of the revenues of the church. He who has a parochial church
must serve it-himself. If another be annexed to it, a vicar must be the latter,
who shall enjoy a portio congruens of its revenues.
Text. In some localities a vice has
grown up, namely, that patrons of parochial churches and some other persons
(including bishops), arrogate to themselves the revenues of those churches,
leaving to the priests attached to them such a meager portion as to deprive
them of a decent subsistence. For we have learned from a source, the authority
of which is unquestionable that in some places the parochial clergy receive for
sustenance only a quarta quartae, that is one sixteenth of the tithes.
Whence it is that in these localities there seldom is found a parochial priest
who possesses more than a very limited knowledge of letters. Since therefore
the mouth of the ox that threshes should not be muzzled, and he who serves the
altar should live by the altar, we decree that no custom on the part patron, or
anybody else shall stand in the way of priests receiving a portio
sufficiens.
He who has a parochial church must serve it
himself and not entrust its administration to a vicar, unless perchance there
be a parochial church annexed to the prebend or dignity, in which case we grant
that he who has such a prebend or dignity, since it behooves him to serve in
the major church, may ask to have appointed for the parochial church a suitable
and irremovable vicar, who, as was said before, shall enjoy a portio
congruens of the revenues of that church; otherwise by the authority of
this decree let him be deprived of it and let it be conferred on another who
will and can fulfil the aforesaid requirements. We also absolutely forbid that
anyone presume to confer fraudulently on another a pension as a benefice from
the revenues of a church that ought to have its own priest (proprius
saceraos).
CANON 33
Summary.
Prelates may demand procurations only when they conduct visitations and then
they must observe the restrictions of the Lateran Council. On their visitations
they should devote themselves to preaching and reform.
Text.
The procurationes [the hospitality or procuration extended to a bishop and his
assistants in the course of his canonical vistation] which by reason of visitation
are due to bishops, archdeacons, and others, also to legates and nuncios of the
Apostolic See, are, except in a case of manifest and urgent necessity, to be
demanded only when they personally conduct the visitation, and then they must
observe the restrictions made by the Lateran Council [III Lat, canon 4] in
regard to the number of horses and persons accompanying them. This restriction
being observed, should the legates and nuncios of the Apostolic See find it
necessary to make a delay in any place, to avoid being too great a burden on
the place, let them receive moderate procurations from other churches or
persons who have not yet been burdened in the way of supplying such sustenance;
so that the number of procurations may not exceed the number of days of the
delay, and should some procuration by itself not suffice, let two or more be
united in one. Moreover, those conducting the visitation shall not seek their
own interests, but those of Jesus Christ, devoting themselves to preaching,
exhortation, correction, and reform, that they may bring back fruit that
perishes not. Whoever shall presume to act contrary to this decree, shall not
only return what he received, but to the church that he so op pressed he shall
also make compensation equivalent to his injustice.
CANON 34
Summary.
Prelates are not to take from their subjects more than is due to them. Those
who act contrary to this must make restitution and also give an equal amount to
the poor.
9The hospitality or procuration extended to the
bishop and his assistants in the course of his canonical (fiocesan visitation.
Text. Since very many prelates, that
they may provide papal legates and others with procurations and the like,
extort from their subjects more than they hand over to them (to the legates),
and, chasing after gain to their own damnation, seek among their subjects
plunder rather than help, we forbid that this be done in the future. If anyone
perchance should presume to act contrary to this decision, he shall not only
restore what he has thus extorted, but he shall also be compelled to give an
equal amount to the poor. If the superior with whom a complaint in regard to
this matter has been lodged, proves negligent in the execution of this decree,
let him be subject to canonical punishment.
CANON 35
Summary.
An appellant, feeling that he has good grounds for an appeal before sentence,
must make those grounds known to the judgc of the first instance. If
sufficient, this is to be made known to the superior judge; if insufficient,
the latter must return the appellant to the judge of the first instance.
Text. That proper respect may be shown
the judges and that the interests of the litigants in the matter of labor and
expenses may be duly considered, we decree that when anyone proceeds against an
adversary before a competent judge, he shall not without good reason appeal to
a higher judge before sentence is pronounced, but shall continue his case
before the same judge (that is, of the first instance), even if he say that he
has sent a message to the superior judge or has received letters from the same,
as long as the letters have not been given to the delegated judge. But if he
thinks he has sufficient ground for an appeal, he must make known this ground
to the same judge, and, if it be found legal, let it be made known to the
superior judge; if the superior judge finds the ground for an appeal
insufficient, he must return the appellant to the judge of the first instance,
who shall condemn him to pay the expenses also of the other party. Otherwise
let him proceed, saving, of course, the ordinances governing the causae majores,
which must be referred to the Apostolic See.
CANON 36
Summary.
If a judge from whose interlocutory sentence an appeal has been taken does not
execute it, he can proceed with the principal cause.
Text. When an ordinary or delegated
judge has pronounced a interlocutory sentence, the execution of which would be
oppressive to to one of the litigants, but following prudent counsel from
carrying into effect this threat or interlocutory sentence. He can proceed with
the principal cause, even if an appeal been taken from such a threat or
interlocutory sentence (provided he be not suspected from another legitimate
source), so that the progress of the case may not be delayed by trifling
circumstances.
CANON 37
Summary.
No one may by means of Apostolic letters be summoned before a judge who is
distant more than two days from his diocese, except with the consent of both
parties or express mention is made of this decree. Without an order from the
other party, such letters are invalid.
Text. Some, abusing the good will of
the Apostolic See, attempt to obtain from it letters whereby their disputes may
be referred to judges residing at a remote distance. This they do to fatigue
the accused with labor and expenses, that thus he may be compelled to yield in
the matter under dispute or by payment free himself from the vexations of the
plaintiff. Since however a legal trial ought not to open the door to injustice,
as is forbidden by the law, we decree that no one may by means of Apostolic
letters be summoned before a judge who is distant more than two days from his
diocese, except with the consent of both parties or express mention is made of
this decree.
There are also others who, turning themselves to a
new kind of commercialism, that they may revive old complaints or introduce new
questions, fabricate causes, on the strength of which they seek letters from
the Apostolic See without a mandate from the person for whom they act, which
letters they offer for sale either to the accused party that with their aid he
may not be exposed to the loss of labor and expenses, or to the plaintiff that
with these he may fatigue his opponent by undue vexations. Since, however,
disputes are to be restricted in number rather than multiplied, we decree that
if anyone shall in the future presume to seek Apostolic letters upon any
question without a special mandate from the person for whom he is acting, such
letters shall be regarded as invalid, and he shall be punished as a falsifier,
unless perchance it be a question of persons from whom a mandate ought not be
legally required.
CANON 38
Summary.
A judge must employ a notary or two competent men to put in writing the acts of
the judicial process, so that if a dispute arise regarding any action of the
judge, the truth can be established by referring to these documents. If any
difficulty should arise because of a neglect of this, let the judge be
punished.
Text. Since against the false
assertion of an unjust judge the innocent party sometimes cannot prove the
truth of a denial, because by the very nature of things there is no direct
proof of one denying a fact, that falsity may not prejudice the truth, and
injustice may not prevail over justice, we decree that in an ordinary as well
as extraordinary inquiry (judicium) let the judge always employ either a
public person (if he can be had) or two competent men who shall faithfully take
down in writing all the acts of the inquiry, namely, citations and delays,
refusals and exceptions, petitions and replies, interrogations and confessions,
the depositions of witnesses and preesentation of documents, interlocutions,
appeals, renunciations, decisions, and other acts which take place must be
written down in convenient order, the time, places, and persons to be
designated. A copy of everything thus written is to be handed to each of the
parties, the originals are to remain in possession of the writers; so at if a
dispute should arise in regard to any action of the judge, the truth can be
established by a reference to these documents. This provision is made to
protect the innocent party against judges who areimprudent and dishonest. A
judge who neglects to observe this decree, if on account of this neglect some
difficulty should arise, let him be duly punished by a superior judge; nor is
there any presumption in favor of doing things his way unless it be evident
from legitimate documents in the case.
CANON 39
Summary.
Anyone who knowingly accepts a stolen article must restore it to the one from
whom it was taken.
Text. It often happens that a thief transfers
to another what he has unjustly taken, and the one robbed is rendered helpless
in any process against the possessor to obtain restitution, because the claim
of possession having vanished on account of the difficulty or lack of proof,
the right of ownership ceases. Wherefore, notwithstanding the rigor of the
civil law, we decree that if anyone in the future shall knowingly accept such
an article, thus becoming a participant in the theft-for after all there is
little difference, especially when it is a question of danger to the soul,
whether one holds unjustly or takes what belongs to another-the one robbed is
to be assisted to obtain restitution from such a possessor.
CANON 40
Summary.
The plaintiff is still the owner of the article that has for one year by
violence or deceit been withheld from him.
Text. It sometimes happens that the
plaintiff to whom, in consequence of the non-appearance (contumacia, that
is, disobedience) of the opposing party, the possession of the object in
dispute is judicially awarded, cannot on account of the violence or deceit of
the accused obtain actual possession for a whole year, and thus, since in the
opinion of many he is not after the lapse of a year to be regarded as the
owner, the malice of the accused gains the advantage. Therefore, that the
condition of the disobedient may not be better than that of the obedient, we
decree that in the aforesaid case even after the lapse of a year the plaintiff
is the true owner.
In general we forbid that decisions in
ecclesiastical matters be referred to a layman, because it is not becoming that
a layman should arbitrate in much matters.
CANON 41
Summary.
No prescription is valid unless it rests on good faith.
Text. Since all that is not of faith
is sin (Rom. 14: 23), we decree that no prescription, whether canonical or
civil, is valid unless it rests on good faith; because in a general way a
prescription that cannot be maintained without mortal sin is in conflict with
all law and custom. Wherefore it is essential that he who holds a prescription
should at no time be aware of the fact that the object belongs to another.
CANON 42
SUMMARY
No cleric may so extend his jurisdiction as to become detrimental to secular
justice.
Text. As desirous as we are that
laymen do not usurp the rights of clerics, we are no less desirous that clerics
abstain from arrogating to themselves the rights of laymen. Wherefore we forbid
all clerics so to extend in the future their jurisdiction under the pretext of
ecclesiastical liberty as to prove detrimental to secular justice; but let them
be content with the laws and customs thus far approved, that the things that
are Caesar's may be rendered to Caesar, and those that are God's may by a just
division be rendered to God.
CANON 43
Summary.
Clerics under no obligation to laymen in matters temporal are not bound to take
an oath of fidelity to them.
Text. Some laymen (that is, princes)
attempt to usurp too much of the divine right when they compel ecclesiastical
persons who are under no obligation to them in matters temporal, to take an
oath of fidelity to them. Wherefore, since according to the Apostle, "To
the Lord the servant standeth or falleth" (Rom. 14: 4), we forbid by the
authority of the sacred council that such clerics be forced by secular persons
to take an oath of this kind.
CANON 44
Summary.
Alienation of ecclesiastical properties by laymen without the legitimate 3sent
of ecclesiastical authority is forbidden.
Text. Since no power to dispose of
ecclesiastical properties has been given to laymen, even though they be pious,
their duty being to obey, not to command, we regret that in some of them
charity has grown so cold that they do not fear in their laws or rather
monstrosities (confictionibus) to attack the immunity of ecclesiastical
property, which not only the holy fathers but also the secular princes have
fortified with many privileges; presuming illicitly that power not only in the
matter of the alienation of fiefs and other ecclesiastical possessions and of
the usurpation of jurisdictions, but also in the matter of mortuaries and other
things that seem annexed to the spiritual right. Wishing, therefore, in this
matter to secure the churches against loss and to provide against such
injustice, we decree with the approval of the sacred council that laws of this
kind and appropriations of fiefs and other ecclesiastical properties made
without the legitimate consent of ecclesiastical persons under pretext of lay
power, do not hold, since they cannot be called laws but rather want of law or
destruction and usurpation of jurisdiction, and those having recourse to such
presumptions are to be checked ecclesiastical censure.
CANON 45
Summary.
Patrons and others who exceed their rights in the matter of church government
are to be restrained by censures. If they kill or mutilate a cleric, they shall
lose their rights and to the fourth generation their posterity shall be
excluded from clerical state.
Text. In some provinces patrons,
vicegerents, and advocates of churches have so far advanced in insolence that
not only do they create difficulties and mischief when vacant churches are to
be provided with competent pastors, but they also presume to administer the
possessions and other ecclesiastical goods at their own will; and what is
worse, they do not fear to put the prelates to death. Since, therefore, what
has been ordained as a means of defense must not br perverted into an
instrument of destruction, we expressly forbid patrons, advocates, and
vicegerents in the future to extend their jurisdiction in the aforesaid matter
beyond what is permitted them by law. and should they act contrary to this, let
them be restrained by canonical penalties. With the approval of the holy
council we decree that if patrons, advocates, feudal tenants, vicegerents, or other
beneficiaries should presume either per se or per alios to kill or
mutilate the rector of some church or another cleric of that church, the
patrons shall lose absolutely their right of patronage, the advocates their
office of counselor, the feudal tenants their fief, the vicegerents their
vicegerency, and beneficiaries their benefice. That the punishments may not be
impressed upon the memory less deeply than the excesses, not only shall their
heirs be deprived of all favors accruing to them from the aforesaid offices,
but to the fourth generation the posterity of such shall be absolutely excluded
from the clerical state, nor may they hold the office of prelate it, religious
houses, unless by an act of mercy they have received a dispensation.
CANON 46
Summary.
Clerics should not contribute to the needs of cities and other localities, even
where the resources of the lay people do not suffice, without first consulting
the Roman pontiff. Laws by those excommunicated are null. Rulers remain
excommunicated after the expiration of their term of office till they have made
satisfaction.
Text. Against magistrates and rulers of cities and
others who strive to oppress churches and ecclesiastical persons with taxes and
other exactions, the Lateran Council, [III Lat, canon 9] desiring to protect
ecclesiastical immunity, prohibited actions of this kind under penalty of
anathema, commanding that transgressors and their abetters punished with
excommunication until they make suitable satisfaction. But, if the bishop with
his clergy should perceive such necessity or utility and without compulsion
decide that the aid of the churches ought to be enlisted to meet the needs
where the resources of the lay people do not suffice, let the aforesaid lay
people accept such assistance humbly, devoutly, and with gratitude. However, on
account of the boldness of some, let them first consult the Roman pontiff, to
whom it belongs to attend to common needs. But, if even this does not allay the
malice of some toward the Church of God, we add that the laws and enactments
which have been promulgated by excommunicated persons in this matter or by
their orders, be considered null and void and at no time whatever be regarded
as valid. But, since fraud and deception ought not to protect anyone, let no
one be deceived by the illusion that, although a ruler may incur anathema
during the period of his incumbency, yet on the expiration of his term of
office there will be no compulsion to make due satisfaction. For both he who
refuses to make satisfaction and his successor, if they do not make
satisfaction within a month, we decree that they remain bound by ecclesiastical
censure until they have made suitable satisfaction, since he assumes the burden
who is successor in the honor.
CANON 47
Summary.
Prelates are not to excommunicate subjects without a previous warning and
without a reasonable cause; those guilty of this shall be punished. A subject
also shall be punished who falsely protests that he has been unjustly
excommunicated.
Text. With the approval of the holy
council we prohibit the promulgation of the sentence of excommunication against
anyone without a previous warning and in the presence of suitable persons by
whom, if need be, such admonition can be proved. Should anyone act
contrariwise, even if the sentence of excommunication is a just one, let him
know that he is forbidden entrance to the church for a period of one month,
which punishment, however, is to be altered should it be deemed advisable. Let
also proper precaution be taken against excommunicating anyone without a just
and reasonable cause; should this perchance have happened and he who imposed
the sentence does not care to withdraw it without complaint, then the one
injured may take his complaint of unjust excommunication to a superior, who, if
there be no danger in delay, shall send him back to the excommunicator with the
command that he absolve him within a specified time; otherwise he himself,
should it seem fit, after the presentation of a sufficient reason, will grant
him the required absolution either per se or per alium. When it is an
evident case against the excommunicator of unjust excommunication, let him
again be condemned to pay all the expenses and to repair all the damages
incurred by the one unjustly excommunicated; if, however, the gravity of his
fault demands it, let him be punished in accordance with the judgment of the
superior, since it is not a trivial fault 'to impose such a punishment on an
innocent person, unless per chance he erred from a probable cause, especially
if there was apparently good ground for his action. But if against the sentence
of excommunication no reasonable proof was offered by the complainant, then for
the unjust annoyance of his complaint let him condemned to pay the expenses and
repair the damages, or else, let him be punished in accordance with the
decision of the superior, unless perchance probable error likewise excuses him;
and in regard to the matter for which he was excommunicated, through an
adequate pledge let him be compelled to make satisfaction, or let the original
sentence be reimposed even for the purpose of forcing him to make condign
satisfaction. But if the judge, recognizing his error, is prepared to revoke
such a sentence, and he on whom it was imposed appeals against such a
revocation unless satisfaction is made, let him not heed the appeal unless it
be an error about which there can be a just doubt, and then on the receipt of a
satisfactory pledge that he will obey the summons of him to whom the appeal has
been made, or of one delegated by him, let him absolve the one excommunicated
and thus he will in no way incur the penalties prescribed; let him be careful,
however, not to forge an error to the detriment of another if he wishes to
escape canonical punishment.
CANON 48
Summary.
Provision is made that no one may through frivolous refusal deny or reject the
jurisdiction of his judge.
Text. By a special prohibition it has
been provided that a sentence of excommunication be promulgated against no one
without a previous warning. Wishing to forestall any attempt on the part of the
one thus warned to avoid, under pretext of deceitful refusal or appeal, the
inquiry of the one giving the admonition, we decree that, should he assert that
he entertains a suspicion in regard to the judge, let him in the presence of
the judge indicate the cause of his just suspicion, and let him with his
opponent, or if he has no opponent, with the judge, conjointly choose arbiters,
or if together they cannot agree, let them choose without ill will two, he one
and the judge the other, who may inquire into the cause of the suspicion; and
if they cannot come to an agreement, let them ask for a third party, so that
what two of them decide may obtain greater weight. Let them know also that, by
reason of a strict precept enjoined by us in virtue of obedience under witness
of the divine judge, they are bound to execute this faithfully. If the true
cause of the suspicion has not been proved by them within a reasonable period
of time, let the judge use his jurisdiction; but if it has been legitimately
proved, then let the judge with the consent of the one who suspected him commit
the matter to a competent person, or let him submit it to the superior, that
the latter may take such action in his regard as should be taken.
Moreover, in case the one warned should resort to
an appeal, let no heed be given to a provocation of this kind if from the
evidence of the case or from his confession or from another source his guilt
has been clearly established, since the remedy of appeal was not instituted for
the defense of iniquity but for the protection of the innocent. If his guilt is
doubtful, that he may not impede the process of the judge by recourse to a
frivolous appeal, let him explain in the judge's presence the probable ground
of the appeal, namely, such a ground as, if proved, would be regarded as valid.
If he has an opponent, the cause of the appeal is to be continued within a
period fixed by the same judge, due consideration being given to the distance,
time, and nature of the business; if h does not care to continue it, then,
notwithstanding the appeal, let the judge proceed with it. If there is no
opponent and the cause of the appeal has been proved before the superior judge,
let the latter exercise his jurisdiction. But, if the appellant fails in his
proof, then he case is to be returned to the judge from whom he deceitfully
'appealed.
These two aforesaid decrees, however, we do not
wish to be applied to regulars, who have their own special observances.
CANON 49
Summary.
The sentence of excommunication is not to be imposed with a view of satisfying
greed, and anyone so guilty is to be severely punished.
Text. Under threat of the divine
judge we absolutely forbid that anyone, impelled solely by greed, dare bind one
with the chain of excommunication or absolve one so bound, especially in those
regions where it is customary, when the one excommunicated is absolved impose a
pecuniary punishment on him; and we decree that when it is agreed that the
sentence of excommunication was an unjust one. The excommunicator be compelled
by ecclesiastical censure to restore the money thus extorted; and, unless he
was deceived by a probable error, let him make full compensation for the injury
sustained. If he fails to do this, let other penalties be imposed.
CANON 50
Summary.
The prohibitions against marriage in the second and third degrees of affinity
and against the union of the offspring from second marriages to a relative of
the first usband, are removed. This prohibition does not apply beyond the
fourth degree of consanguinity and affinity.
Text. It must not be deemed
reprehensible if human statutes change sometimes with the change of time,
especially when urgent necessity or common interest demands it, since God
himself has changed in the New Testament some things that He had decreed in the
Old. Since, therefore, the prohibition against the contracting of marriage in
secundo et tertio genere affinitatis and that against the union of the
offspring from second marriages to a relative of the first husband, frequently
constitute a source of difficulty and sometimes are a cause of danger to souls,
that by a cessation of the proibition the effect may cease also, we, with the
approval of the holy council, revoking previous enactments in this matter,
decree in the resent statute that such persons may in the future contract
marriage without hindrance. The prohibition also is not in the future to affect
marriages beyond the fourth degree of consanguinity and affinity; since in
degrees beyond the fourth a prohibition of this kind cannot be generally
observed without grave inconvenience. This quaternary number agrees well with
the prohibition of corporal wedlock of which the Apostle says that "the
wife hath not power of her own body, but the husband; and in like manner the
husband also hath not power of his own body, but the wife" (I Cor. 7: 4);
because there are four humors in the body, which consists of four elements.
Since therefore the prohibition of conjugal union is restricted to the fourth
degree, we wish that it remain so in perpetuum, notwithstanding the
decrees already issued relative to this matter either by others or by
ourselves, and should anyone presume to contract marriage contrary to this
prohibition, no number of years shall excuse him, since duration of time does
not palliate the gravity of sin but rather aggravates it, and his crimes are
the graver the longer he holds his unhappy soul in bondage .[ cf. I Lat, canon
5].
CANON 51
Summary.
Clandestine marriages and witness to them by a priest are forbidden. Marriages
to be contracted must be published in the churches by the priests so that, if
legitimate impediments exist, they may be made known. If doubt exists, let the
contemplated marriage be forbidden till the matter is cleared up.
Text. Since the prohibition of the
conjugal union in the three last degrees has been revoked, we wish that it be
strictly observed in the other degrees. Whence, following in the footsteps of
our predecessors, we absolutely forbid clandestine marriages; and we forbid
also that a priest presume to witness such. Wherefore, extending to other
localities generally the particular custom that prevails in some, we decree
that when marriages are to be contracted they must be announced publicly in the
churches by the priests during a suitable and fixed time, so that if legitimate
impediments exist, they may be made known. Let the priests nevertheless
investigate whether any impediments exist. But when there is ground for doubt
concerning the contemplated union, let the marriage be expressly forbidden
until it is evident from reliable sources what ought to be done in regard to
it. But if anyone should presume to contract a clandestine or forbidden
marriage of this kind within a prohibited degree, even through ignorance, the
children from such a union shall be considered illegitimate, nor shall the
ignorance of the parents be pleaded as an extenuating circumstance in their
behalf, since they by contracting such marriages appear not as wanting in
knowledge but rather as affecting ignorance. In like manner the children shall
be considered illegitimate if both parents, knowing that a legitimate
impediment exists, presume to contract such a marriage in conspectu
ecclesiae (not clandestinely) in disregard of every prohibition. The
parochial priest who deliberately neglects to forbid such unions, or any
regular priest who presumes to witness them, let them be suspended from office
for a period of three years and, if the nature of their offense demands it, let
them be punished more severely. On those also who presume to contract such
marriages in a lawful degree, a condign punishment is to be imposed. If anyone
maliciously presents an impediment for the purpose of frustrating a legitimate
marriage, let him not escape ecclesiastical punishment.
CANON 52
Summary.
In the matter of consanguinity and affinity, hearsay evidence is not to be
relied on unless it comes from reputable persons to whom uprightness is a
precious asset.
Text. Through some necessity the
common mode of procedure in computing the degree of consanguinity and affinity
has been re placed by another, namely, hearsay testimony, since on account of
the shortness of human life eye-witnesses cannot be had in the matter of
reckoning to the seventh degree. But, since we have learned from many instances
and from experience that, in consequence of this, legitimate marriages are
beset with many dangers, we decree that in this matter hearsay witnesses be not
received in the future, since the prohibition now does not extend beyond the
fourth degree, unless they be reputable persons to whom uprightness is a
precious asset and who before the dispute arose obtained their testimony from
those gone immediately before, not from one indeed, since he would not suffice
if he were living, but from two at least, who must have been reliable persons,
beyond suspicion and of good faith, since it would be absurd to admit them if
their informants were worthy only of rejection. Not even if one person has
obtained his testimony from many, or if an unreliable person has obtained his
from men of good faith, must they be admitted as many and suitable witnesses,
since even in the ordinary judicial processes the statement of one witness does
not suffice, even though he shine in all the splendor of gubernatorial dignity,
and, moreover, legitimate acts are denied to persons of a disreputable
character. Witnesses of this kind must declare on oath that in giving their
testimony they are not actuated by hatred, fear, love, or self interest; let them
designate persons by their names or by a satisfactory description or
circumlocution, and distinguish by a clear computation each degree on both
sides, and let them include in their oath that they obtained their information
from their forefathers and believe it to be so. But neither do such witnesses
suffice unless they declare on oath that they have seen persons who belonged to
at least one of the aforesaid degrees and who acknowledged themselves blood
relatives. For it is more tolerable that some who have been united contrary to
the laws of men be separated than that those who have been legitimately united
separate in violation of the laws of God.
CANON 53
Summary.
Owners who commit their estates to people that pursuant of their rites do not
pay tithes, must be compelled to pay them in full.
Text. In some localities there dwell
people who according to their rites are not accustomed to pay tithes, though
they are considered Christians. To these some owners entrust the cultivation of
their estates, in order to defraud the churches of tithes and thus realize
greater profits. Wishing, therefore, to safeguard the churches against loss in
this matter, we decree that the owners may entrust to such people and in such a
manner the cultivation of their estates, but they must without argument pay to
the churches the tithes in full, and to this let them be compelled, if
necessary, by ecclesiastical censure. All tithes due by reason of the divine
law or by reason of an approved local custom must be paid.
CANON 54
Summary.
The payment of tithes takes precedence over the payment of taxes and other
expenses, and those who invert this order are to be punished.
Text. Since it is not in the power of
man that the seed yield a return to the sower, because according to the words
of the Apostle, "Neither he that planteth is anything, nor he that
watereth; but God who giveth the increase" (I Cor. 3: 7), the decayed seed
producing much fruit, some impelled too much by avarice strive to defraud in
the matter of tithes, deducting from the profits and first fruits taxes and
other expenses on which at times they thus escape the payment of tithes. But
since the Lord, as a sign of His universal dominion, formerly reserved tithes
to Himself by a special title, we, wishing to safeguard the churches against
loss and souls against danger, decree that by the prerogative of general
dominion the payment of tithes precedes the payment of taxes and other
expenses, or at least they to whom the taxes and other expenses are paid but
from which the tithes have not been deducted, should be compelled by
ecclesiastical censure to pay the tithes to the churches to which they are
legally due, since the obligation that attaches to a thing passes with the
thing from one possessor to another.
CANON 55
Summary.
The Cistercians and other monks must pay tithes to the churches from strange
lands or from lands they may acquire in the future, even if they cultivate them
with their own hands.
Text. Lately the abbots of the
Cistercian order in general chapter assembled wisely decided in reference to
our warning, that in the future the brethren of that order purchase no property
on which tithes are due to the churches, unless it be for the purpose of
establishing new monasteries. And if such possessions have been given to them
through the pious generosity of the faithful or bought for them for the purpose
of founding new monasteries, they may commit their cultivation to others by
whom the tithes will be paid to the churches, lest by reason of their
privileges the churches be further oppressed. We decree, therefore, that from
strange lands or from lands that they may acquire in the future, though they
cultivate them with their own hands or at their own expense, they pay the
tithes to the churches to which they were formerly paid, unless they make some
other arrangement with those churches. We therefore, holding this decree
acceptable and accepted, wish it to be extended also to other regulars who
enjoy similar privileges, and we ordain that the prelates of the churches be
more willing and energetic in punishing evil doers and strive to observe their
privileges better and more perfectly.
[Note by
Schroeder: By the common law monks as well as laymen were obliged pay tithes
from the fruits of their estates. This was the ancient discipline of the
Church. The first who absolved monks from the obligation of paying tithes from
their landed possessions seems to have been Gregory VII. Later, Paschal II
exempted monks and canons regular from the payment of tithes from lands that they
cultivated with their own hands. This privilege of Paschal was granted
primarily in favor of the Cistercian Order, which in its beginnings was very
poor. When later the order became immensely wealthy, especially in landed
possessions, this privilege became the fruitful source of conflict between the
Cistercian Order and the bishops. Hence it was enacted in this decree that from
all strange lands and lands that may be acquired in the future, even if
cultivated with their own hands or at their own expense, tfie Cistercians as
well as other regulars who enjoy similar privileges, must pay tithes to the
churches to which they were formerly paid or make some other arrangement with
those churches. Thomassin, Vetus et nova ecclesiae discipline, P. III, lib. 1, cap. 9.]
CANON 56
Summary.
It is forbidden to make contracts prejudicial to parochial churches.
Text. Many regular and secular
clerics, we understand, when i sometimes they lease houses or grant fiefs, make
a contract prejudicial to parochial churches, namely, that the administrator or
feudal tenants pay the tithes to them and choose burial among them. But, since
this is prompted by avarice, we absolutely condemn a contract of this kind and
declare that whatever has been received by means of such a contract must be
returned to the parochial church.
CANON 57
Summary.
Only members of a religious order and those who have given their possessions to
the order, retaining for themselves only the usufruct, may be buried during the
period of an interdict. To religious coming to an interdicted locality, only
one church may be opened, and that merely once a year.
Text. That the privileges which the
Roman Church has granted to some religious may be maintained in their entirety,
we take occasion to make clear some things in regard to them, lest being
misunderstood they lead to abuse, by reason of which they may be rightly
revoked, because he deserves to lose privileges who abuses the benefits which
they confer. The Apostolic See has granted permission to some regulars that to
those who have become members of their order, ecclesiastical burial may not be
denied if the churches to which they belong should be under interdict, provided
they themselves are not excommunicated or nominally interdicted; and they may,
therefore, take their brethren, whom the prelates of the churches are not
permitted to bury from their churches, to their own churches for burial, if
they (the deceased confrères) were not nominally under excommunication or
interdict. By brethren we understand both those who, having lived in the world,
gave themselves to their order and accepted its habit, and those who gave their
possessions to the order, retaining for their own maintenance during life only
the usufruct, who, however, may be buried from non interdicted churches of
regulars or others in which they may choose to be buried; it is not, however,
to be understood of those who join their fraternity and contribute annually no
more than two or three denarii, for this would upset ecclesiastical order and
discipline. Yet these also obtain a certain remission granted to them by the
Apostolic See.
That other privilege also that has been granted to
some regulars, namely, that when any of their brethren who have been sent by
them to collect (alms), arrive in any city, fortified town, or village, if
perchance that place be under interdict, in view of their joyful arrival the
churches may be opened once a year for the celebration of the divine offices
for those not under excommunication, we wish tt) be understood thus: that in
each city, fortified town, or village, only one church of the same order may,
as has been said, be opened to the brethren once a year; for though the
statement, that on their joyful arrival the churches may be opened, is plural,
yet it is not to be understood as referring to the churches of the same place
separately, but to the churches of the aforesaid places collectively otherwise,
if they should visit each church of the same place, the interdict would be too
much disregarded. Whoever shall presume to act contrary to these enactments,
let him be subject to severe penalties.[cf. III Lat, canon 9]
CANON 58
Summary.
During a general interdict the bishops may within closed doors celebrate the
divine services for those not affected by the interdict.
Text. The privilege that has been
granted to some religious we concede also to bishops, that, when the entire
territory is under Interdict, those excommunicated and interdicted being
excluded, they may sometimes with the doors closed, in a low voice and without
the ringing of bells, celebrate the divine offices, unless this is expressly
covered by the interdict. But we grant this to those only who in no way shared
in the cause of the interdict or injected treachery or fraud, drawing out such
a brief period to iniquitous loss.
CANON 59
Summary.
Religious are forbidden to go security for or to borrow money from anyone
beyond a fixed sum without the consent of the abbot or the greater part of the
chapter.
Text. What has been forbidden by the
Apostolic See to some religious orders, we wish and command to be extended to
all, namely, that no religious may, without the permission of the abbot and of
the greater part of his chapter, go security for anyone or borrow money from
anyone beyond an amount fixed by common agreement; otherwise the convent is not
held in any degree responsible for such things, unless perchance it is evident
that his action would redound to the advantage of the convent. Anyone who
presumes to act contrary to this, let him be subject to severe discipline.
CANON 60
Summary.
Abbots are forbidden to interfere in matters that belong to the jurisdiction of
the bishops.
Text. From different parts of the world complaints
of bishops come to us in regard to grave excesses of some abbots, who, not
content within their own spheres, extend their hands to those things that
concern the episcopal office, deciding matrimonial cases, imposing public
penances, granting letters of indulgences, and similar things, whence it
sometimes happens that the episcopal authority is looked upon by many as
something of trifling importance. Wishing, therefore, in these matters to
safeguard the dignity of the bishops and the welfare of the abbots, we
absolutely forbid in the present decree that abbots presume to overreach
themselves in such matters if they wish to escape canonical penalties, unless
they can by a special concession or other legitimate reason defend themselves
in matters of this kind.
CANON 61
Summary.
Religious are forbidden to receive churches and tithes from laymen without the
consent of the bishops. In churches that do not belong to them pleno jure, the
priests must be appointed by the bishops on presentation.
Text. In the Lateran Council regulars
were forbidden to receive churches and tithes from the hands of laymen without
the consent of the bishops, and under no circumstances to admit ad divina those
excommunicated or nominally under interdict. [cf. III Lat, canon 9] Wishing to
curb this evil more effectively and provide that transgressors meet with condign
punishment, we decree that in churches that do not pleno jure belong to
them, they present to the bishops priests to be appointed in accordance with
the statutes of that council, that they may be responsible to them in those
things that pertain to the cura animarum; in temporal affairs, however,
let them render a satisfactory account to the monasteries. Those who have been
appointed, let them not dare remove without the approval of the bishops. We
add, moreover, that care be taken to present such priests as are known for
their uprightness and ability or whom the probable testimony of the bishops
recommends.
CANON 62
Summary.
Relics are not to be sold or put on exhibition, lest the people be deceived in
regard to them. Seekers of alms are not to be admitted unless they can exhibit
letters of the Apostolic See or of the bishops, and they may not preach
anything not contained in the letters. On the occasion of the dedication of
a-church, an indulgence of not more than one year may be granted; on the anniversary
of the dedication-, it may not exceed forty days.
Text. From the fact that some expose for sale and
exhibit promiscuously the relics of saints, great injury is sustained by the
Christian religion. That this may not occur hereafter, we ordain in the present
decree that in the future old relics may not be exhibited outside of a vessel
or exposed for sale. And let no one presume to venerate publicly new ones
unless they have been approved by the Roman pontiff. In the future prelates
shall not permit those who come to their churches causa venerationis to
be deceived by worthless fabrications or false documents as has been done in
many places for the sake of gain. We forbid also that seekers (quaestores) of
alms, some of whom, misrepresenting themselves, preach certain abuses, be
admitted, unless they exhibit genuine letters either of the Apostolic See or of
the diocesan bishop, in which case they may not preach anything to the people
but what is contained in those letters. We give herewith a form which the
Apostolic See commonly uses in granting such letters, that the diocesan bishops
may model their own upon it. The following is the form:
Forma litterarum praedicatorum
Quoniam,
ut ait Apostolus, omnes stabimus ante tribunal Christi, recepturi prout in
corpore gessimus, sive bonum sive malum fuerit, oportet nos diem messionis
extremae misericordiae operibus praevenire, ac aeternorum intuitu seminare in
terris quod reddente Domino cum multiplicato fructu colligere debeamus in
caelis; firmain spem, fiduciamque tenentes, quoniam "qui parce seminat,
parce et metet, et qui seminat in benedictionibus, de benedictionibus et metet
in vitam aeternam." Cum igitur ad sustentationem fratrum et egenorum ad
tale confluentium hospitals propriae non suppetant facultates, universitatem
vestram monemus et exhortamur in Domino atque in remissionem vobis in' jungimus
peccatorum, quatenus de bonis a Deo vobis collatis pias eleemosynas et grata
eis caritatis subsidia erogatis, ut per subventionem vestram ipsorum inopiae
consulatur, et vos per haec et per alia bona, quae Domino inspirante feceritis,
ad aeterna possitis gaudia pervenire.
Those who are assigned to collect alms must be
upright and discreet, must not seek lodging for the night in taverns or in
other unbecoming places, nor make useless and extravagant expenses, and must
avoid absolutely the wearing of the habit of a false religious.
Since, through indiscreet and superfluous
indulgences which some prelates of churches do not hesitate to grant, contempt
is brought on the keys of the Church, and the penitential discipline is
weakened, we decree that on the occasion of the dedication of a church an
indulgence of not more than one year be granted, whether it be dedicated by one
bishop only or by many, and on the anniversary of the dedication the remission
granted for penances enjoined is not to exceed forty days. We command also that
in each case this number of days be made the rule in issuing letters of
indulgences which are granted from time to time, since the Roman pontiff who
possesses the plenitude of power customarily observes this rule in such matters
.
CANON 63
Summary.
It is simoniacal to demand something for the consecration of bishops, the
blessing of abbots, and the ordination of clerics; nor is custom any excuse.
Text. We have learned with certainty
that in many places and by many persons exactions and base extortions are made
for the consecration of bishops, the blessing of abbots, and the ordination of
clerics, and that a tax is fixed as to how much this one or that one is to
receive and how much this one or that one is to pay; and what is worse, some
endeavor to defend such baseness and depravity by an appeal to a custom of long
standing. Therefore, wishing to abolish such abuse, we absolutely condemn a custom
of this kind, which ought rather to be called corruption, firmly decreeing that
neither for those conferring nor for the things conferred shall anyone presume
to demand or to extort something under any pretext whatsoever. Otherwise both
he that has received and he that has given a price of this kind, shall share
the condemnation of Giezi and Simon. [cf. IV Kings 5:20-27, and Acts 8:9-24].
CANON 64
Summary.
Religious are not to be received for a price. If this happens, both the one
receiving and the one received shall, without hope of restoration, be removed
from the community. Those who were received in such a manner before the
publication of this decree, must be placed in other communities of the same
order.
Text. Since the stain of simony has so
infected many nuns that scarcely any are received into the community without a
price, doing this on the plea of poverty to conceal that evil, we strictly
forbid that this be done in the future, decreeing that whoever in the future
shall be guilty of such irregularity, both the one receiving and the one
received, whether subject or superioress, shall, without hope of restoration,
be removed from their monastery to one of stricter observance to do penance for
the remainder of their life. Those nuns, however, who have been so received
before the publication of this decree, are to be removed from the monasteries
which they entered in a wrong manner and placed in others of the same order.
But if on account of lack of room they cannot perchance be conveniently placed
elsewhere, lest they should to their own loss become wanderers in the world,
let them be received anew per modum dispensationis in the same
monastery, and from the priority of places which they held in the community let
them be assigned to lower ones. This we decree is to be observed also with
regar d to monks and other regulars. But, lest they should attempt to excuse
themselves on grounds of simplicity or ignorance, we command the bishops to see
to it that this decree is published every year throughout their diocese.
CANON 65
Summary.
Bishops are not to demand anything for the appointment of pastors. Entrance
into a monastery and burial must be free.
Text. We have heard it said of some
bishops that on the death of rectors of churches they place the churches under
interdict and will not allow any persons to be appointed to the vacancies till
a certain sum of money has been paid them. Moreover, when a soldier or cleric
enters a monastery or chooses to be buried among religious, though he has left
nothing to the religious institution, difficulties and villainy are forced into
service till something in the nature of a gift comes into their hands. Since,
therefore, according to the Apostle we must abstain not only from evil but also
from every appearance of evil, we absolutely forbid exactions of this kind. If
any transgressor be found, let him restore double the amount exacted; this is
to be placed faithfully at the disposal of those localities to whose detriment
the exactions were made.
CANON 66
Summary.
The sacraments must be administered freely. The bishops should exhort the
people to retain pious customs.
Text. It has frequently come to the
ears of the Apostolic See that some clerics demand and extort money for
burials, nuptial blessings, and similar things, and, if perchance their
cupidity is not given satisfaction, they fraudulently interpose fictitious
impediments. On the other hand, some laymen, under the pretext of piety but
really on heretical grounds, strive to suppress a laudable custom introduced by
the pious devotion of the faithful in behalf of the church (that is, of giving
freely something for ecclesiastical services rendered). Wherefore, we forbid
that such evil exactions be made in these matters, and on the other hand
command that pious customs be observed, decreeing that the sacraments of the
Church be administered freely and that those who endeavor maliciously to change
a laudable custom be restrained by the bishops of the locality when once the
truth is known.
CANON 67
Summary.
Jews should be compelled to make satisfaction for the tithes and offerings e
churches, which the Christians supplied before their properties fell into of
the Jews.
Text. The more the Christians are
restrained from the practice of usury, the more are they oppressed in this
matter by the treachery of the Jews, so that in a short time they exhaust the
resources of the Christians. Wishing, therefore, in this matter to protect the
Christians against cruel oppression by the Jews, we ordain in this decree that
if in the future under any pretext Jews extort from Christians oppressive and
immoderate interest, the partnership of the Christians shall be denied them
till they have made suitable satisfaction for their excesses. The Christians
also, every appeal being set aside, shall, if necessary, be compelled by
ecclesiastical censure to abstain from all commercial intercourse with them. We
command the princes not to be hostile to the Christians on this account, but
rather to strive to hinder the Jews from practicing such excesses. Lastly, we
decree that the Jews be compelled by the same punishment (avoidance of
commercial intercourse) to make satisfaction for the tithes and offerings due
to the churches, which the Christians were accustomed to supply from their
houses and other possessions before these properties, under whatever title,
fell into the hands of the Jews, that thus the churches may be safeguarded
against loss.
CANON 68
Summary.
Jews and Saracens of both sexes in every Christian province must be
distinguished from the Christian by a difference of dress. On Passion Sunday
and the last three days of Holy Week they may not appear in public.
Text: In some provinces a difference
in dress distinguishes the Jews or Saracens from the Christians, but in certain
others such a confusion has grown up that they cannot be distinguished by any
difference. Thus it happens at times that through error Christians have
relations with the women of Jews or Saracens, and Jews and Saracens with
Christian women. Therefore, that they may not, under pretext of error of this
sort, excuse themselves in the future for the excesses of such prohibited
intercourse, we decree that such Jews and Saracens of both sexes in every
Christian province and at all times shall be marked off in the eyes of the
public from other peoples through the character of their dress. Particularly,
since it may be read in the writings of Moses [Numbers 15:37-41], that this
very law has been enjoined upon them.
Moreover, during the last three days before Easter
and especially on Good Friday, they shall not go forth in public at all, for
the reason that some of them on these very days, as we hear, do not blush to go
forth better dressed and are not afraid to mock the Christians who maintain the
memory of the most holy Passion by wearing signs of mourning.
This, however, we forbid most severely, that any
one should presume at all to break forth in insult to the Redeemer. And since
we ought not to ignore any insult to Him who blotted out our disgraceful deeds,
we command that such impudent fellows be checked by the secular princes by
imposing them proper punishment so that they shall not at all presume to
blaspheme Him who was crucified for us.
[Note by
Schroeder: In 581 the Synod of Macon enacted in canon 14 that from Thursday in
Holy Week until Easter Sunday, .Jews may not in accordance with a decision of
King Childebert appear in the streets and in public places. Mansi, IX, 934;
Hefele-Leclercq, 111, 204. In 1227 the Synod of Narbonne in canon 3 ruled:
"That Jews may be distinguished from others, we decree and emphatically
command that in the center of the breast (of their garments) they shall wear an
oval badge, the measure of one finger in width and one half a palm in height.
We forbid them moreover, to work publicly on Sundays and on festivals. And lest
they scandalize Christians or be scandalized by Christians, we wish and ordain
that during Holy Week they shall not leave their houses at all except in case
of urgent necessity, and the prelates shall during that week especially have
them guarded from vexation by the Christians." Mansi, XXIII, 22;
Hefele-Leclercq V 1453. Many decrees similar to these in content were issued by
synods before and after this Lateran Council. Hefele-Leclercq, V and VI;
Grayzel, The
Church and the Jews in the XIlIth Century, Philadelphia, 1933.]
CANON 69
Summary.
Jews are
not to be given public offices. Anyone instrumental in doing this is to be
punished. A Jewish official is to be denied all intercourse with Christians.
Text. Since it is absurd that a
blasphemer of Christ exercise authority over Christians, we on account of the
boldness of transgressors renew in this general council what the Synod of
Toledo (589) wisely enacted in this matter, prohibiting Jews from being given
preference in the matter of public offices, since in such capacity they are
most troublesome to the Christians. But if anyone should commit such an office
to them, let him, after previous warning, be restrained by such punishment as
seems proper by the provincial synod which we command to be celebrated every
year. The official, however, shall be denied the commercial and other
intercourse of the Christians, till in the judgment of the bishop all that he
acquired from the Christians from the time he assumed office be restored for
the needs of the Christian poor, and the office that he irreverently assumed
let him lose with shame. The same we extend also to pagans. [Mansi, IX, 995;
Hefele-Leclercq, III, 7.27. This canon 14 of Toledo was frequently renewed.]
CANON 70
Summary.
Jews who have received baptism are to be restrained by the prelates from
returning to their former rite.
Text. Some (Jews), we understand, who
voluntarily approached the waters of holy baptism, do not entirely cast off the
old man that they may more perfectly put on the new one, because, retaining
remnants of the former rite, they obscure by such a mixture the beauty of the
Christian religion. But since it is written: "Accursed is the man that
goeth on the two ways" (Ecclus. 2:14), and "a garment that is woven
together of woolen and linen" (Deut. 22: ii) ought not to be put on, we
decree that such persons be in every way restrained b the prelates from the
observance of the former rite, that, having given themselves of their own free
will to the Christian religion, salutary coercive action may preserve them in
its observance, since not to know the way of the Lord is a lesser evil than to
retrace one's steps after it is known.
HOLY LAND
DECREES
Summary.
A series of decrees dealing with the preparation of a crusade to the Holy Land.
Text. Desiring with an ardent desire
to liberate the Holy Land from the hands of the ungodly, we decree with the
advice of prudent men who are fully familiar with the circumstances of the
times, and with the approval of the council, that all who have taken the cross
and have decided to cross the sea, hold themselves so prepared that they may,
on June 1 of the year after next (1217), come together in the Kingdom of
Sicily, some at Brundusium and others at Messana, where, God willing, we (the
Pope) will be present personally to order and to bestow on the Christian army
the divine and Apostolic blessing. Those who decide to make the journey by
land, should strive to hold themselves prepared for the same time; for their
aid and guidance we shall in the meantime appoint a competent legate a
latere. Priests and other clerics who are with the Christian army, subjects
as well as prelates, must be diligent in prayer and exhortation, teaching them
(the crusaders) by word and example that they have always before their eyes the
fear and love of God, lest they say or do something that might offend the
majesty of the eternal King. And should any have fallen into sin, let them
quickly rise again through true repentance, practicing humility both interiorly
and exteriorly, observing moderation in food as well as in clothing, avoiding
dissensions and emulations, and divesting themselves of all malice and ill
will, that being thus fortified with spiritual and material arms, they may
fight with greater success against the enemies of the faith, not indeed relying
on their own strength but putting their trust in the power of God. To the
clerics we grant for a period of three years as complete an enjoyment of their
benefices as if they actually resided in them, and they may, if necessary, even
give them as pledges during this time. Therefore, that this undertaking may not
be impeded or retarded, we strictly command all prelates that each one in his
own territory induce those who have laid aside the crusader's cross to resume
it, and carefully to admonish them and others who have taken the cross, as well
as those who happen to be engaged for this purpose, to renew their vows to God,
and if necessary to compel them by excommunication and interdict to abandon all
delay.
Moreover, that nothing connected with the affairs
of our Lord Jesus Christ be omitted, we wish and command that patriarchs,
archbishops, bishops, abbots, and others who have the care of souls, diligently
explain the meaning of the crusade to those committed to them, adjuring-through
the Father, Son, and Holy Ghost, one, only true, and eternal God-kings, dukes,
princes, marquises, counts, barons, and other prominent men, as well as cities,
villages, and towns, that those who cannot go personally to the Holy Land, will
furnish a suitable number of soldiers and, for a period of three years, in
proportion to their resources, will bear the necessary expenses connected
therewith for the remission of their sins, as we have made known in the general
letters already sent over the world and as will be,exprcssed in greater detail
below. In this remission we wish not only those to participate who for this
purpose furnish their own ships, but those also who undertake to build ships.
To those declining to render aid, if perchance any should be found to be so
ungrateful to God, the Apostolic See firmly protests that on the last day they
will be held to render an account to us in the presence of a terrible judge.
Let them first consider with what security they can appear in the presence of
the only begotten Son of God, Jesus Christ, into whose hands the Father has
given all things, if in this matter they refuse to serve Him who was crucified
for sinners, by whose favor they live, by whose benefits they are sustained, and
by whose blood they were redeemed.
But, lest we should seem to place grave and
unbearable burdens on the shoulders of the people, we ourselves (the Pope)
donate to the cause what we have been able to save by strict economy, 30,000
pounds, besides a ship to convey the crusaders from Rome and vicinity and 3,000
marks silver, the remnant of alms received from the faithful. The remainder we
have given to Albert patriarch of Jerusalem, and to the masters of the Temple
and Hospital for the necessities of the Holy Land. With the approval of the
council we further decree that absolutely all clerics, subjects as well as
superiors, shall, in aid of the Holy Land and for a period of three years, pay
into the hands of those appointed by the Apostolic See for this purpose, one
twentieth part of ecclesiastical revenues; some religious orders only being
excepted and those (clerics) also who take or already have taken the crusader's
cross and are about to set out personally. We and our brethren, the cardinals
of the Holy Roman Church, will pay one-tenth of our revenues. All are bound to
the faithful observance of this under penalty of excommunication, so that those
who deliberately commit fraud in this matter will incur that penalty.
Since by the just judgment of the heavenly King it
is only right that those who are associated with a good cause should enjoy a
special privilege, we exempt the crusaders from collections, taxes, and other
assessments. Their persons and possessions, after they have taken the cross, we
take under the protection of Blessed Peter and our own, decreeing that they
stand under the protection o f the archbishops, bishops, and all the prelates
of the Church. Besides, special protectors will be appointed, and, till their
return or till their death shall have been certified, they shall remain
unmolested, and if anyone shall presume the contrary, let him be restrained by
ecclesiastical censure.
In the case of crusaders who are bound under oath
to pay interest, we command that their creditors be compelled to cancel the
oath given and to cease exacting interest. Should any creditor force the
payment of interest, we command that he be similarly forced to make
restitution. We command also that Jews be compelled by the secular power to
cancel interest, and, till they have done so, intercourse with them must be
absolutely denied them by all Christians under penalty of excommunication. For
those who cannot be their departure pay their debts to the Jews, the secular
princes shall provide such a delay that from the time of their departure till
their return or till their death is known, they shall not be embarrassed with
the inconvenience of paying interest. If a Jew has received security (for
example, a piece of ground) for such a debt, he must, after deducting his own
expenses, pay to the owner the income from such security. Prelates who manifest
negligence in obtaining justice for the crusaders and their servants, shall be
subject to severe penalty.
Since the corsairs and pirates too vehemently
impede assistance to the Holy Land by capturing and robbing those who go there
and those returning, we excommunicate them and their principal abetters and
protectors, forbidding under threat of anathema that anyone knowingly hold
intercourse with them in any contract of buying and selling, and enjoin upon
the rulers of cities and their localities that they check and turn them away
from this iniquity. And since an unwillingness to disturb the perverse is
nothing else than to favor them, and is also an indication of secret association
with them on the part of those who do not resist manifest crime, we wish and
command that severe ecclesiastical punishment be imposed by the prelates on
their persons and lands. We excommunicate and anathematize, moreover, those
false and ungodly Christians who furnish the enemies of Christ and the
Christian people with arms, iron, and wood for the construction of ships; those
also who sell them ships and who in the ships of the Saracens hold the post of
pilot, or in any other way give them aid or advice to the detriment of the Holy
Land; and we decree that their possessions be confiscated and they themselves
become the slaves of their captors. We command that this sentence be publicly
announced in all maritime cities on all Sundays and festival days, and that to
such people the church be not opened till they return all that they have
obtained in so reprehensible a traffic and give the same amount of their own
-in aid of the Holy Land. In case they are not able to pay, then let them be
punished in other ways, that by their chastisement others may be deterred from
undertaking similar pursuits.
Furthermore, under penalty of anathema, we forbid
all Christians for a period of four years to send their ships to Oriental
countries, inhabited by the Saracens, in order that a greater number of ships
may be available to those who wish to go to the aid of the Holy Land, and that
to the Saracens may be denied the benefits that they usually reap from such
commercial intercourse.
Though tournaments have been, under certain
penalties, generally forbidden by different councils, since however at this
time they are a serious obstacle to the success of the crusade, we strictly
prohibit em under penalty of excommunication for a period of three years.
But, since for the success of this undertaking it
is above all else necessary that princes and Christian people maintain peace
among themselves, we decree with the advice of the holy council that for four
years peace be observed in the whole Christian world, so that through the
prelates discordant elements may be brought together in the fulness of peace,
or at least to the strict observance of the truce. Those who refuse to
acquiesce in this, are to be compelled by excommunication and interdict, unless
the malice that inspired their wrongdoings was such that they ought not to
enjoy such peace. But, if by chance they despise ecclesiastical censure, they
have every reason to fear lest by the authority of the Church the secular power
will be invoked against them as disturbers of the affairs of the One crucified.
We, therefore, by the mercy of the omnipotent God,
trusting in the authority of the Blessed Apostles Peter and Paul, in virtue of
that power of binding and loosing which God has conferred on us, though
unworthy, grant to all who aid in this work personally and at their own
expense, a full remission of their sins which they ,have sincerely repented and
orally confessed, and promise them when the just shall receive their reward an
increase of eternal happiness. To those who do not personally go to the Holy
Land, but at their own expense send there as many suitable men as their means
will permit, and to those also who go personally but at the expense of others,
we grant a full remission of their sins. Participants of this remission are,
moreover, all who in proportion to their means contribute to the aid of the
Holy Land, or in regard to what has been said give opportune advice and
assistance. Finally, to all who in a spirit of piety aid in bringing to a
successful issue this holy under. taking, this holy and general council imparts
the benefits of its prayers and blessings that they may advance worthily to
salvation. Amen.
From H. J. Schroeder, Disciplinary Decrees of
the General Councils: Text, Translation and Commentary, (St. Louis: B.
Herder, 1937). pp. 236-296.
NOTE 1: B. Herder's list was bought by TAN books,
of Rockford IL. TAN confirmed that US copyright was not renewed after the
statuary 28 years and that the text is now in the public domain in the US.]
NOTE 2: Fr. Schroeder accompanied the text with a
commentary which, while well informed, was dominated by a concern to defend
Catholic positions of his own time, and contained, moreover, a number of verbal
attacks on the Orthodox churches. This commentary has not been reproduced
here.]
This
text is part of the Internet Medieval Source Book. The Sourcebook is a collection
of public domain and copy-permitted texts related to medieval and Byzantine
history.
Unless otherwise indicated the specific electronic
form of the document is copyright. Permission is granted for electronic
copying, distribution in print form for educational purposes and personal use.
If you do reduplicate the document, indicate the source. No permission is
granted for commercial use.
(c)Paul Halsall Mar 1996
halsall@murray.fordham.edu
halsall@murray.fordham.edu
No comments:
Post a Comment