INTRODUCTION
In 1123, during the pontificate of Pope Callistus
II, a general Roman council was held "for various important matters of the
church", as Callistus himself says in the letter of convocation which he
sent on 25 June 1122 to bishop Baldric of Doll. A great number of bishops,
abbots and religious, numbering at least 300, gathered in Rome from the western
churches, although none that we know of came from the eastern churches . There
is no evidence that legates of the emperor Henry V took part. The council began
on 18 March 1123, with the pope presiding. There were at least two sessions.
The council ended before 6 April, probably on 27 March.
This council is often called "general" in
the letters and decrees of Pope Callistus II. It is reasonable, however, to
doubt its ecumenicity. Indeed the manner in which the council was called and
conducted by the pope and the fathers differed from that of the older councils.
Moreover several other councils, similar to Lateran I, were convened in the
11th and 12th centuries but were not termed ecumenical. The ecumenicity of this
council seems, as far as we can tell, to have been confirmed later by the
tradition of the Roman church.
There had long been conflict between church and
state, though some sort of a solution had been reached a short time before at
the Concordat of Worms (September 1122). Thus, questions concerning the
investiture of prelates and the freedom of the church were a major concern of
the council. The said concordat was approved and confirmed by the council's
authority, though not without opposition on the part of many, as Gerhoh of
Reichersberg testifies; canons 3-4, 8
and 12 make mention of this debate. Thereby a measure of peace and discipline
was restored to the church.
The fathers devoted themselves principally to the
reform of the church, to the abolition of simony and to the correction of
ecclesiastical abuses. There were a few other matters of lesser importance.
Also, the struggle for the Corsican episcopacy between the churches of Genoa
and Pisa was a considerable problem, and a commission of twenty-four fathers had
to be created by the pope in order to resolve the matter; for this see canons
1, 7, and also canons 2, 5-6, 9, 11, 16. Thus pope Callistus, following as
closely as he could the examples of Gregory VII and Urban II , and supported by
the approval of the council, brought to a successful conclusion matters which
had engrossed the whole church's effort and zeal for almost fifty years.
A number of canons were ratified by the council
fathers, perhaps at the session on 27 March. Many of these were included in
Gratian's Decrees (c. 1140), namely canons 1, 3-4, 6, 9, 12, 14, 16B, 19-22B,
and part of 8, 18B. As far as we know, Baronius was the first to print others
which Gratian did not accept (Br {4 } 12, 1607, 149-150; ed. Theiner 18, 1869,
343-344). Twelve more follow in the Roman edition (Rm 4, 1612, 16- 17), where a
complete text of the canons may be found. We have examined all the canons in
the following: Bn 3/2 (1618) 464-465; ER
27 (1644) 37-43; S. Baluze, in P. de
Marca, Dissertationum de concordia sacerdotii et imperii ...libri II Paris
l663, 363 (=BdM); LC10 (l67l) 896-900; Hrd 6/2 (1714) 1111-1114; Cl {10 } 12
(1730) 1333-1337; E. Martene and U. Durand, in Veterum scriptorum et
monumentorum ... collectio, VII Paris 1733, 68-69, four canons only (= MD); Msi
2 (1748) 355-358; Msi 21 (1776) 281-286; G.H. Pertz, in MGH , Leges in f.ø, II/2 Hanover 1837, 182-183 (=
Pertz); PL 163 (1854) 1361-1365; L. Weiland, in MGH, Const., I Hanover 1893,
574-576 (= MGH).
The text of the canons presents some difficulties.
Bn 2, ER, LC, Hrd, Cl and Msi must have printed the same text as that used by
Rm (though with some differences). This commonly accepted version, which we
call B, consists of 22 canons and seems to derive from two manuscript codices
(not from Rm, since this has the different readings). In addition, seven canons
(2, 5, 10-11, 13, 15, 17) printed by Br seem to relate to B, even though they
often do not agree with 13 in their readings. A second version of the canons, "from
an ancient manuscript codex of the monastery of Aniane", which is now in
the Bibliotheque Nationale in Paris, was published by BdM. The order of the
canons in it, and often the readings, are different from B; moreover six canons
(11 and the last five, 18-22B) are missing and two (15-16) are completely
different from B. Regarding this other version, which we call alpha, MD
published four canons (6, 12, 15- 16) "from a manuscript of the marquis of
Laubes", and Pertz published sixteen canons (15 and 18-22B are missing, in
place of which are what appear to be two rubrics) from Vienna MS. Codex of
Canon Law 91 (now 2178). Migne transcribed the text of Pertz. LC took several
readings of (alpha and included them in B[eta] as variant readings. Finally,
the text printed by Msi "from a Pistoia codex of canons", as well as
the order of canons in it, appear similar to alpha; although canons 15-16 are
preserved according to the B text and 18-19 are added to B. If alpha is earlier
than B, then the text of Msi seems to date from an earlier time and to have
been corrected occasionally from B; therefore we conclude that this text
belongs to alpha.
We believe the (alpha version is older than
B[eta].For, the canons from alpha(except ll-12, 15-17) are mentioned in Simeon
of Durham's "Historia Regum" {13 } (= S), which is contemporaneous.
This point has not been noticed by scholars. In addition, Gratian's Decrees
ascribe the last 5 canons to the earlier pontificate of Urban II (1088-99) and
not to the time of Lateran I, as Br noted; therefore alpha seems right to omit
these five canons. The document on which Br and possibly Rm depend is a Vatican
codex "which contains the Collection of Anselm [of Lucca], in which the
canons of this council are included as an appendix after chapter 55".
Maybe, therefore, our B should be attributed to this peculiar version in Anselm
of Lucca's text. Certainly all the known manuscript codices are related to
alpa, so far as we are aware {14 } , including the 12th century Vatican
Reginensis lat. 987 (= R), which was the first to be examined by us. We think
that little confidence can be placed in MGH, which is the only critical edition
so far made. Its editor, Weiland, divided the sources into three groups: the
"Parisian", more correctly called the "Roman"- the Pistoian
codex; and the codices used by BdM and Pertz. But he completely ignored the
similarities between the three groups, and in the end collated only the two
sources of the third group, omitting for no reason canon 17. We have collated
together R and all the other editions, and have prepared our text with the
alpha version as the basis. We think that R and BdM are the most reliable
sources. We have relegated the alternative version of canons 15-16 to a
footnote, and the last five canons to an appendix. We have not used the MGH
text except in a few instances. There is a preface to the canons in R, S, BdM
and Msi vol 1, but we do not reproduce it.
C A N O N S
1. Following the examples of the holy fathers and
renewing them as we are bound by our office, by the authority of the apostolic
see we altogether forbid anyone to be ordained or promoted in the church of God
for money. If anyone indeed should have been ordained or promoted in the church
in such a fashion, let him be utterly deprived of the office acquired.
2. We absolutely forbid those excommunicated by
their own bishops to be received into communion by other bishops, abbots and
clergy.
3. No one
may consecrate as a bishop someone who is not canonically elected. If anyone
should presume to do this, let both consecrator and consecrated be deposed
beyond hope of restoration.
4. Absolutely no archdeacon, archpriest, provost or
dean may grant to anyone the care of souls or prebends in a church without the
decision or consent of the bishop. Rather, as it is constituted by the holy
canons, let the care of souls and the dispensing of ecclesiastical affairs
remain in the decision and power of the bishop. Indeed, if anyone presumes to
do something against this, or to claim for himself the power which pertains to
the bishop, let him be banished from the bounds of the church.
5. The ordinations made by the heresiarch Burdinus,
after he was condemned by the Roman church, and whatever was afterwards done by
pseudo-bishops ordained by him, we judge to be null and void.
6. No one except a priest may be ordained to the
office of provost, archpriest or dean; no one except a deacon may be ordained to
the office of archdeacon.
7. We
absolutely forbid priests, deacons or subdeacons to live with concubines and
wives, and to cohabit with other women, except those whom the council of Nicaea permitted
to dwell with them solely on account of necessity, namely a mother, sister,
paternal or maternal aunt, or other such persons, about whom no suspicion could
justly arise.
8. We further resolve, in accordance with the
statute of the most blessed pope Stephen, that lay persons, however
religious they may be, have no power to dispose of any ecclesiastical business;
but following the apostolic canons, let the bishop have the care of all
ecclesiastical matters, and let him manage them as in the sight of God.
Therefore {31 } if any prince or other lay person should arrogate to himself
the disposition or donation {32 } of ecclesiastical things or possessions, let
him be regarded as sacrilegious.
9. We prohibit unions between blood relatives,
because both the divine and secular laws prohibit them. For, the divine laws
not only cast out those doing this and their progeny but also call them
accursed; the secular laws call such people disreputable and deprive them of
inheritance. We, therefore, following our fathers, mark them with infamy and
judge them to be infamous.
[Crusades]
10. To those who set out for Jerusalem and
offer effective help towards the defence of the christian people and overcoming
the tyranny of the infidels, we grant the remission of their sins, and we place
their houses and families and all their goods under the protection of blessed
Peter and the Roman church, just as has been decreed by our lord pope
Urban. Whoever dares to distrain or carry off their houses, families and
goods, while they are on their way, shall be punished with excommunication. Those
who have put crosses on their clothes, with a view to journeying to Jerusalem
or to Spain, and have later taken them off, we command by our apostolic
authority to wear the crosses again and to complete the journey between this
Easter and the following Easter. Otherwise, from that moment we cut them off
from entry into church and forbid divine services in all their lands, apart
from the baptism of infants and confessions for the dying.
11. With the
advice of our brothers and of the whole curia, and also with the wish and
consent of the prefect, we order the abolition of that immoral practice
hitherto obtaining with respect to the dead Porticani, so that the
goods of Porticani dwellers dying without heirs are not to be dispersed against
the wishes of those dying. This, however, is to the extent that the Porticani
remain obedient and faithful to the Roman church and to us and our successors.
12. In
accordance with the canons of the holy fathers, we absolutely forbid and
prohibit the laity, under the penalty of anathema, to remove the offerings from
the most sacred and revered altars of blessed Peter and of the Saviour and of
St Mary Rotunda and of St Nicholas of Bari, of St Giles , or from the altars or crosses of all the
other churches. By apostolic authority we forbid the fortification or taking
hold of churches by lay persons.
13. Whoever
knowingly makes or intentionally spends counterfeit money shall
be separated from the communion of the faithful as one accursed, an oppressor
of the poor and a disturber of the state.
14. If anyone tries to attack pilgrims to Rome and
foreigners visiting the shrines of the apostles and the oratories of
other saints, or to rob them of the things they bring, or to trouble merchants with new exactions of tolls and fees, let him be deprived of christian
communion until he makes reparation.
15. We confirm, with the authority of the holy
Spirit, whatever has been determined by the Roman pontiffs our predecessors
concerning the peace and truce of God or arson or the public highways.
Msi (as canon 14) and B (as canon 13) have a
different text namely
If anyone should violate a truce, he is to be
admonished up to three times by the bishop to make reparation. If he acts in
contempt of the third admonition to make reparation, the bishop, either with
the counsel of the metropolitan or with two or one of the neighbouring
bishops, shall declare the sentence of anathema on the rebel,
and denounce him in writing to the bishops all around.
16. Following in the footsteps of the holy fathers,
we order by general decree, that monks be subject to their own bishops {51 }
with all humility, and show due obedience and devoted submission to them in all
things, as if to masters and shepherds of the church of God. They may not
celebrate masses in public anywhere. Moreover, let them completely abstain from
public visitations of the sick, from anointings and even from hearing
confessions, for these things in no way pertain to their calling. Indeed, in
the churches where their ministry is recognized, they may only have priests who
were ordained by their own bishop, to whom they will answer for the care of
souls which they have assumed.
In Pertz there is only "We absolutely forbid
anointings and visits to the sick and public masses by monks" and then :
"The examples of Leo to Dioscorus, that on the day of the resurrection
there may be a levitical and a sacerdotal ordination, ch 19. That on Sunday
mnorning, continuing the fast of Saturday, there can be an ordination, ch
20".
Msi (as canon 18) and B (as canon 17) have a
different text, namely :
We forbid abbots and monks to give public penances,
to visit the sick, to perform anointings and to chant public masses. They shall
receive chrism, holy oil, consecrations of altars and ordinations of clerics
from the bishops in whose dioceses they reside.
17. In our
desire to preserve in peace, by the grace of God, the possessions of the holy
Roman church, we strictly forbid, under pain of anathema, any military person
to presume to seize or hold by force Benevento, the city of blessed Peter. If
anyone should dare otherwise, he shall be bound by the chain of anathema.
The remaining canons are missing in alpha, and Msi
has canons 18-19 together with canon
16. The first part of this canon (Priests
... pertain to the bishop) may belong to canon 16 (B).
18. Priests are to be appointed to parish churches
by the bishops, to whom they shall answer for the care of souls and for those
matters which pertain to the bishop. They may not receive tithes or churches
from lay persons without the consent and wish of the bishops; and if they
presume to do otherwise, they shall be subject to the canonical penalty.
19. We allow the service which monasteries and
their churches have paid from the time of pope Gregory VII until
now. We altogether forbid abbots and monks to have the possessions of churches
and bishops by a thirty {56 } years provision.
20. Having in mind the examples in the traditions
of the fathers, and discharging the duty of our pastoral office, we decree that
churches and what belongs to them, both persons and possessions, namely
clerics, monks and their lay brothers, as well as those who come to pray and
what they bring with them, are to be under protection and not be harmed. If
anyone dares to act contrary to this and after recognizing his villainy, has
not properly made amends within the space of thirty days, let him be banished
from the bounds of the church and be smitten with the sword of anathema.
21. We absolutely forbid priests, deacons,
subdeacons and monks to have concubines or to contract marriages.
We adjudge, as the sacred canons have laid down, that marriage contracts
between such persons should be made void and the persons ought to undergo
penance.
22. We condemn the alienations which have been made
everywhere, especially by Otto, Jeremias, and perhaps Philip , of the property
of the exarchate of Ravenna. Moreover, we declare in general to be invalid the
alienations made in whatever fashion by all persons, whether they were intruded
or were canonically elected in the name of a bishop or an abbot, who should be
consecrated in accordance with the usage of his own church, and the ordinations
conferred by them without the consent of the clergy of the church or through simony.
We also forbid absolutely that any cleric should presume to alienate in any way
his prebend or any ecclesiastical benefice. Any such action in the past or the
future shall be invalid and subject to canonical penalty."
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