INTRODUCTION
During the pontificate of Innocent III (1198-1216)
there appears to have occurred much growth in the reform of the church and in
its freedom from subservience to the empire as well as in the primacy of the
bishop of Rome and in the summoning of ecclesiastical business to the Roman
curia. Innocent himself, turning his whole mind to the things of God, strove to
build up the christian community. Spiritual things, and therefore the church,
were to have first place in this endeavour; so that human affairs were to be
dependent upon, and to draw their justification from, such considerations.
The council may therefore be regarded as a great
summary of the pontiff's work and also as his greatest initiative. He was not
able, however, to bring it to completion since he died shortly afterwards
(1216) . Christian disasters in the holy Land probably provided the occasion
for Innocent to call the council. Thus the pontiff ordered a new crusade to be
proclaimed. But he also used the crusade as an instrument of ecclesiastical
administration, combined with reform of the church, namely in a fierce war
against heretics which he thought would restore ecclesiastical society.
The council was summoned on 19 April 1213 to meet
in November 1215. All the bishops and abbots of the church as well as priors
and even (which was new) chapters of churches and of religious orders -- namely
Cistercians, Premonstratensians, Hospitallers and Templars -- and the kings and
civil authorities throughout Europe were invited. The bishops were explicitly
asked to propose topics for discussion at the council, something which does not
seem to have happened at the preceding Lateran councils. This was done by the
legates who had been dispatched throughout Europe to preach the crusade. In
each province only one or two bishops were allowed to remain at home; all the
rest were ordered to be present. The purposes of the council
were clearly set forth by Innocent himself : "to eradicate vices
and to plant virtues, to correct faults and to reform morals, to remove
heresies and to strengthen faith, to settle discords and to establish peace, to
get rid of oppression and to foster liberty, to induce princes and christian
people to come to the aid and succour of the holy Land... ". It seems
that when Innocent summoned the council he wished to observe the customs of the
early ecumenical councils, and indeed this fourth Lateran council was regarded
as an ecumenical council by all learned and religious men of the age.
When the council began in the Lateran basilica in
November 1215 there were present 404 bishops from throughout the western
church, and from the Latin eastern church a large number of abbots, canons and
representatives of the secular power. No Greeks were present, even those
invited, except the patriarch of the Maronites and a legate of the patriarch of
Alexandria. The bond with the Greek church was indeed neglected, and matters
became more serious through the actions of Latin bishops living in the east or
through the decrees of the council.
The council began on 11 November with
the pontiff's sermon. He was especially looking for a religious outcome to the
council. Soon, however secular matters and power politics came to the fore. At
the second session (on 20 November) the struggle for the empire between
Frederick II and Otto IV was brought before the council and gave rise to a
bitter and contentious debate. This affected the nature of the council in a way
that had not been foreseen and revealed a certain ineffectiveness in Innocent's
plans for governing the church. Finally, the third session (on 30 November) was
devoted to reading and approving the constitutions, which were proposed by the
pontiff himself. The last decree dealt with preparations for a crusade --
"Jesus Christ's business" -- and fixed 1 June 1217 for its start,
though this was prevented by the pontiff's death.
The seventy constitutions would seem to give proof
of the council's excellent results. The work of Innocent appears clearly in
them even though they were probably not directly composed by him. He regarded
them as universal laws and as a summary of the jurisdiction of his pontificate.
Few links with earlier councils survive, those with the third Lateran council
being the only relevant ones of which we know.
Thus,
- the first constitution is regarded as a new profession of faith.
- The second and third constitutions, which deal with heretics and
contain dogmatic statements, are new.
- The remainder, which deal with the reform of the church, appear for
the most part to be new either in form or in content. They deal with
- the church's discipline (6-13) ,
- the reform of clerical morals (14-22) ,
- episcopal elections and the administration of
benefices (23-32) ,
- exaction of taxes (33-34) ,
- canonical suits (35-49) ,
- matrimony (50-52) ,
- tithes (53-61) ,
- simony (63-66) , and
- Jews (67-70) .
The constitutions were first edited by Cr 2 (1538)
CLXv-CLXXIIv, the text of which was used in Cr 2 (1551) 946-967, Su 3 (1567)
735-756, and Bn 3/2 (1606) 1450-1465. Roman editors produced a more accurate
edition (Rm 4 [1612] 43-63) , collating the common text "with manuscript
codices from the Vatican". Rm was followed by Bn 3/2 (1618) 682-696 and ER
28 (1644) 154-225. LC 11/1 (1671) 142-233 provided a text "in Greek and
Latin..... from a Mazarin codex" (=M) with various readings from a
d'Achery codex (=A) . The Greek translation, however, which LC had thought to
be contemporary, does not provide a complete text and was taken from a later
codex. LC was followed by Hrd 7 (1714) 15-78, Cl 13 (1730) 927-1018, and Msi 22
(1778) 981-1068. There are many surviving manuscripts of the constitutions, as
has been shown by Garcia, who is preparing a critical edition. That is to say,
twenty manuscripts containing the constitutions and twelve others containing
the constitutions together with commentaries; and probably there are others
which are not yet known. The constitutions were taken into Compilatio IV,
except 42 and [71], and into Decretalia of Gregory IX, except 42, 49 and [71]. The
present edition follows the Roman edition, but all the variant readings that
have so far been brought to light by scholars have been cited with {n}
referring to the endnotes.
C O N S T I T U T I O N S
1. Confession of Faith
We firmly believe and simply confess that there is
only one true God, eternal and immeasurable, almighty, unchangeable,
incomprehensible and ineffable, Father, Son and holy Spirit, three persons but
one absolutely simple essence, substance or nature. The Father is from
none, the Son from the Father alone, and the holy Spirit from both equally,
eternally without beginning or end; the Father generating, the Son being born,
and the holy Spirit proceeding; consubstantial and coequal, co-omnipotent and
coeternal; one principle of all things, creator of all things invisible and
visible, spiritual and corporeal; who by his almighty power at the beginning of
time created from nothing both spiritual and corporeal creatures, that is to
say angelic and earthly, and then created human beings composed as it were of
both spirit and body in common. The devil and other demons were created by God
naturally good, but they became evil by their own doing. Man, however, sinned
at the prompting of the devil.
This holy Trinity, which is undivided according to
its common essence but distinct according to the properties of its persons,
gave the teaching of salvation to the human race through Moses and the holy
prophets and his other servants, according to the most appropriate disposition
of the times. Finally the only-begotten Son of God, Jesus Christ, who became
incarnate by the action of the whole Trinity in common and was conceived from
the ever virgin Mary through the cooperation of the holy Spirit, having become
true man, composed of a rational soul and human flesh, one person in two
natures, showed more clearly the way of life. Although he is immortal and
unable to suffer according to his divinity, he was made capable of suffering
and dying according to his humanity. Indeed, having suffered and died on the
wood of the cross for the salvation of the human race, he descended to the
underworld, rose from the dead and ascended into heaven. He descended in the
soul, rose in the flesh, and ascended in both. He will come at the end of time
to judge the living and the dead, to render to every person according to his
works, both to the reprobate and to the elect. All of them will rise with their
own bodies, which they now wear, so as to receive according to their deserts,
whether these be good or bad; for the latter perpetual punishment with the
devil, for the former eternal glory with Christ.
There is indeed one universal church of the
faithful, outside of which nobody at all is saved, in which Jesus Christ is
both priest and sacrifice. His body and blood are truly contained in the
sacrament of the altar under the forms of bread and wine, the bread and wine
having been changed in substance, by God's power, into his body and blood, so
that in order to achieve this mystery of unity we receive from God what he
received from us. Nobody can effect this sacrament except a priest who has been
properly ordained according to the church's keys, which Jesus Christ himself
gave to the apostles and their successors. But the sacrament of baptism is
consecrated in water at the invocation of the undivided Trinity -- namely
Father, Son and holy Spirit -- and brings salvation to both children and adults
when it is correctly carried out by anyone in the form laid down by the church.
If someone falls into sin after having received baptism, he or she can always
be restored through true penitence. For not only virgins and the continent but
also married persons find favour with God by right faith and good actions and
deserve to attain to eternal blessedness.
2. On
the error of abbot Joachim
We therefore condemn and reprove that small book or
treatise which abbot Joachim published against master Peter Lombard concerning
the unity or essence of the Trinity, in which he calls Peter Lombard a heretic
and a madman because he said in his Sentences, "For there is a certain
supreme reality which is the Father and the Son and the holy Spirit, and it
neither begets nor is begotten nor does it proceed". He asserts from this
that Peter Lombard ascribes to God not so much a Trinity as a quaternity, that
is to say three persons and a common essence as if this were a fourth person.
Abbot Joachim clearly protests that there does not exist any reality which is
the Father and the Son and the holy Spirit-neither an essence nor a substance
nor a nature -- although he concedes that the Father and the Son and the holy
Spirit are one essence, one substance and one nature. He professes, however,
that such a unity is not true and proper but rather collective and analogous,
in the way that many persons are said to be one people and many faithful one
church, according to that saying : Of the multitude of believers there was one
heart and one mind, and Whoever adheres to God is one spirit with him; again He
who plants and he who waters are one, and all of us are one body in Christ; and
again in the book of Kings, My people and your people are one. In support of
this opinion he especially uses the saying which Christ uttered in the gospel
concerning the faithful : I wish, Father, that they may be one in us, just as
we are one, so that they may be made perfect in one. For, he says, Christ's
faithful are not one in the sense of a single reality which is common to all.
They are one only in this sense, that they form one church through the unity of
the catholic faith, and finally one kingdom through a union of indissoluble
charity. Thus we read in the canonical letter of John : For there are three
that bear witness in heaven, the Father and the Word and the holy Spirit, and
these three are one; and he immediately adds, And the three that bear witness
on earth are the spirit, water and blood, and the three are one, according to
some manuscripts.
We, however, with the approval of this sacred and
universal council, believe and confess with Peter Lombard that there exists a
certain supreme reality, incomprehensible and ineffable, which truly is the
Father and the Son and the holy Spirit, the three persons together and each one
of them separately. Therefore in God there is only a Trinity, not a quaternity,
since each of the three persons is that reality -- that is to say substance,
essence or divine nature-which alone is the principle of all things, besides
which no other principle can be found. This reality neither begets nor is
begotten nor proceeds; the Father begets, the Son is begotten and the holy
Spirit proceeds. Thus there is a distinction of persons but a unity of nature.
Although therefore the Father is one person, the Son another person and the
holy Spirit another person, they are not different realities, but rather that
which is the Father is the Son and the holy Spirit, altogether the same; thus
according to the orthodox and catholic faith they are believed to be
consubstantial. For the Father, in begetting the Son from eternity, gave him
his substance, as he himself testifies : What the Father gave me is greater
than all. It cannot be said that the Father gave him part of his substance and
kept part for himself since the Father's substance is indivisible, inasmuch as
it is altogether simple. Nor can it be said that the Father transferred his
substance to the Son, in the act of begetting, as if he gave it to the Son in
such a way that he did not retain it for himself; for otherwise he would have
ceased to be substance. It is therefore clear that in being begotten the Son
received the Father's substance without it being diminished in any way, and
thus the Father and the Son have the same substance. Thus the Father and the
Son and also the holy Spirit proceeding from both are the same reality.
When, therefore, the Truth prays to the Father for
those faithful to him, saying I wish that they may be one in us just as we are
one, this word one means for the faithful a union of love in grace, and for the
divine persons a unity of identity in nature, as the Truth says elsewhere, You
must be perfect as your heavenly Father is perfect , as if he were to say
more plainly, You must be perfect in the perfection of grace, just as your
Father is perfect in the perfection that is his by nature, each in his own way.
For between creator and creature there can be noted no similarity so great that
a greater dissimilarity cannot be seen between them. If anyone therefore
ventures to defend or approve the opinion or doctrine of the aforesaid Joachim
on this matter, let him be refuted by all as a heretic. By this, however, we do
not intend anything to the detriment of the monastery of Fiore, which Joachim
founded, because there both the instruction is according to rule and the
observance is healthy; especially since Joachim ordered all his writings to be
handed over to us, to be approved or corrected according to the judgment of the
apostolic see. He dictated a letter, which he signed with his own hand, in
which he firmly confesses that he holds the faith held by the Roman church,
which is by God's plan the mother and mistress of all the faithful.
We also reject and condemn that most perverse
doctrine of the impious Amalric, whose mind the father of lies blinded to such
an extent that his teaching is to be regarded as mad more than as heretical.
3. On Heretics
We excommunicate and anathematize every heresy
raising itself up against this holy, orthodox and catholic faith which we have
expounded above. We condemn all heretics, whatever names they may go under.
They have different faces indeed but their tails are tied together inasmuch as
they are alike in their pride. Let those condemned be handed over to the
secular authorities present, or to their bailiffs, for due punishment. Clerics
are first to be degraded from their orders. The goods of the condemned are to
be confiscated, if they are lay persons, and if clerics they are to be applied
to the churches from which they received their stipends. Those who are only
found suspect of heresy are to be struck with the sword of anathema, unless
they prove their innocence by an appropriate purgation, having regard to the
reasons for suspicion and the character of the person. Let such persons be
avoided by all until they have made adequate satisfaction. If they persist in
the excommunication for a year, they are to be condemned as heretics. Let
secular authorities, whatever offices they may be discharging, be advised and
urged and if necessary be compelled by ecclesiastical censure, if they wish to
be reputed and held to be faithful, to take publicly an oath for the defence of
the faith to the effect that they will seek, in so far as they can, to expel
from the lands subject to their jurisdiction all heretics designated by the church
in good faith. Thus whenever anyone is promoted to spiritual or temporal
authority, he shall be obliged to confirm this article with an oath. If however
a temporal lord, required and instructed by the church, neglects to cleanse his
territory of this heretical filth, he shall be bound with the bond of
excommunication by the metropolitan and other bishops of the province. If he
refuses to give satisfaction within a year, this shall be reported to the
supreme pontiff so that he may then declare his vassals absolved from their
fealty to him and make the land available for occupation by Catholics so that
these may, after they have expelled the heretics, possess it unopposed and
preserve it in the purity of the faith -- saving the right of the suzerain
provided that he makes no difficulty in the matter and puts no impediment in
the way. The same law is to be observed no less as regards those who do not
have a suzerain.
Catholics who take the cross and gird themselves up
for the expulsion of heretics shall enjoy the same indulgence, and be
strengthened by the same holy privilege, as is granted to those who go to the
aid of the holy Land. Moreover, we determine to subject to excommunication
believers who receive, defend or support heretics. We strictly ordain that if
any such person, after he has been designated as excommunicated, refuses to
render satisfaction within a year, then by the law itself he shall be branded
as infamous and not be admitted to public offices or councils or to elect
others to the same or to give testimony. He shall be intestable, that is he
shall not have the freedom to make a will nor shall succeed to an inheritance.
Moreover nobody shall be compelled to answer to him on any business whatever,
but he may be compelled to answer to them. If he is a judge sentences
pronounced by him shall have no force and cases may not be brought before him;
if an advocate, he may not be allowed to defend anyone; if a notary, documents
drawn up by him shall be worthless and condemned along with their condemned
author; and in similar matters we order the same to be observed. If however he
is a cleric, let him be deposed from every office and benefice, so that the
greater the fault the greater be the punishment. If any refuse to avoid such
persons after they have been pointed out by the church, let them be punished
with the sentence of excommunication until they make suitable satisfaction.
Clerics should not, of course, give the sacraments of the church to such
pestilent people nor give them a christian burial nor accept alms or offerings
from them; if they do, let them be deprived of their office and not restored to
it without a special indult of the apostolic see. Similarly with regulars, let
them be punished with losing their privileges in the diocese in which they
presume to commit such excesses.
"There are some who holding to the form of
religion but denying its power (as the Apostle says) , claim for themselves the
authority to preach, whereas the same Apostle says, How shall they preach
unless they are sent? Let therefore all those who have been forbidden or not
sent to preach, and yet dare publicly or privately to usurp the office of
preaching without having received the authority of the apostolic see or the
catholic bishop of the place", be bound with the bond of excommunication
and, unless they repent very quickly, be punished by another suitable penalty.
We add further that each archbishop or bishop, either in person or through his
archdeacon or through suitable honest persons, should visit twice or at least
once in the year any parish of his in which heretics are said to live. There he
should compel three or more men of good repute, or even if it seems expedient
the whole neighbourhood, to swear that if anyone knows of heretics there or of
any persons who hold secret conventicles or who differ in their life and habits
from the normal way of living of the faithful, then he will take care to point
them out to the bishop. The bishop himself should summon the accused to his
presence, and they should be punished canonically if they are unable to clear
themselves of the charge or if after compurgation they relapse into their
former errors of faith. If however any of them with damnable obstinacy refuse
to honour an oath and so will not take it, let them by this very fact be
regarded as heretics. We therefore will and command and, in virtue of
obedience, strictly command that bishops see carefully to the effective
execution of these things throughout their dioceses, if they wish to avoid
canonical penalties. If any bishop is negligent or remiss in cleansing his
diocese of the ferment of heresy, then when this shows itself by unmistakeable
signs he shall be deposed from his office as bishop and there shall be put in
his place a suitable person who both wishes and is able to overthrow the evil
of heresy.
4. On the pride of the Greeks
towards the Latins
Although we would wish to cherish and honour the
Greeks who in our days are returning to the obedience of the apostolic see, by
preserving their customs and rites as much as we can in the Lord, nevertheless
we neither want nor ought to defer to them in matters which bring danger to
souls and detract from the church's honour. For, after the Greek church
together with certain associates and supporters withdrew from the obedience of
the apostolic see, the Greeks began to detest the Latins so much that, among
other wicked things which they committed out of contempt for them, when Latin
priests celebrated on their altars they would not offer sacrifice on them until
they had washed them, as if the altars had been defiled thereby. The Greeks
even had the temerity to rebaptize those baptized by the Latins; and some, as
we are told, still do not fear to do this. Wishing therefore to remove such a
great scandal from God's church, we strictly order, on the advice of this
sacred council, that henceforth they do not presume to do such things but
rather conform themselves like obedient sons to the holy Roman church, their
mother, so that there may be one flock and one shepherd. If anyone however does
dare to do such a thing, let him be struck with the sword of excommunication
and be deprived of every ecclesiastical office and benefice.
5. The dignity of the patriarchal
sees
Renewing the ancient privileges of the patriarchal
sees, we decree, with the approval of this sacred universal synod, that after
the Roman church, which through the Lord's disposition has a primacy of
ordinary power over all other churches inasmuch as it is the mother and
mistress of all Christ's faithful, the church of Constantinople shall have the
first place, the church of Alexandria the second place, the church of Antioch
the third place, and the church of Jerusalem the fourth place, each maintaining
its own rank. Thus after their pontiffs have received from the Roman pontiff
the pallium, which is the sign of the fullness of the pontifical office, and
have taken an oath of fidelity and obedience to him they may lawfully confer
the pallium on their own suffragans, receiving from them for themselves
canonical profession and for the Roman church the promise of obedience. They
may have a standard of the Lord's cross carried before them anywhere except in
the city of Rome or wherever there is present the supreme pontiff or his legate
wearing the insignia of the apostolic dignity. In all the provinces subject to
their jurisdiction let appeal be made to them, when it is necessary, except for
appeals made to the apostolic see, to which all must humbly defer.
6. On
yearly provincial councils
As is known to have been ordained of old by the
holy fathers, metropolitans should not fail to hold provincial councils each
year with their suffragans in which they consider diligently and in the fear of
God the correction of excesses and the reform of morals, especially among the
clergy. Let them recite the canonical rules, especially those which have been
laid down by this general council, so as to secure their observance, inflicting
on transgressors the punishment due. In order that this may be done more
effectively, let them appoint for each diocese suitable persons, that is to say
prudent and honest persons, who will simply and summarily, without any
jurisdiction, throughout the whole year, carefully investigate what needs
correction or reform and will then faithfully report these matters to the
metropolitan and suffragans and others at the next council, so that they may
proceed with careful deliberation against these and other matters according to
what is profitable and decent. Let them see to the observance of the things
that they decree, publishing them in episcopal synods which are to be held
annually in each diocese. Whoever neglects to carry out this salutary statute
is to be suspended from his benefices and from the execution of his office,
until his superior decides to release him.
7. The correction of offences
and the reform of morals
By this inviolable constitution we decree that
prelates of churches should prudently and diligently attend to the correction
of their subjects' offences especially of clerics, and to the reform of morals.
Otherwise the blood of such persons will be required at their hands. In order
that they may be able to exercise freely this office of correction and reform,
we decree that no custom or appeal can impede the execution of their decisions,
unless they go beyond the form which is to be observed in such matters. The
offences of canons of a cathedral church, however, which have customarily been
corrected by the chapter, are to be corrected by the chapter in those churches
which until now have had this custom, at the instance and on the orders of the
bishop and within a suitable time-limit which the bishop will decide. If this
is not done, then the bishop, mindful of God and putting an end to all
opposition, is to go ahead with correcting the persons by ecclesiastical
censure according as the care of souls requires, and he shall not omit to
correct their other faults according as the good of souls requires, with due
order however being observed in all things. For the rest, if the canons
stop celebrating divine services without manifest and reasonable cause,
especially if this is in contempt of the bishop, then the bishop himself may
celebrate in the cathedral church if he wishes, and on complaint from him, the
metropolitan, as our delegate in the matter, may, when he has learned the
truth, punish the persons concerned in such fashion that for fear of punishment
they shall not venture such action in the future. Let prelates of churches
therefore carefully see that they do not turn this salutary statute into a form
of financial gain or other exaction, but rather let them carry it out
assiduously and faithfully, if they wish to avoid canonical punishment, since
in these matters the apostolic see, directed by the Lord, will be very
vigilant.
8. On inquests
"How and in what way a prelate ought to
proceed to inquire into and punish the offences of his subjects may be clearly
ascertained from the authorities of the new and old Testament, from which
subsequent sanctions in canon law derive", as we said distinctly some time
ago and now confirm with the approval of this holy council.
"For we read in the gospel that the steward
who was denounced to his lord for wasting his goods heard him say : What is
this that I hear about you? Give an account of your stewardship, for you can no
longer be my steward. And in Genesis the Lord says : I will go down and see
whether they have done altogether according to the outcry which has come to me.
From these authorities it is clearly shown that not only when a subject has
committed some excess but also when a prelate has done so, and the matter
reaches the ears of the superior through an outcry or rumour which has come not
from the malevolent and slanderous but from prudent and honest persons, and has
come not only once but frequently (as the outcry suggests and the rumour
proves) , then the superior ought diligently to seek out the truth before
senior persons of the church. If the seriousness of the matter demands, then
the fault of the offender should be subjected to canonical punishment. However,
the superior should carry out the duty of his office not as if he were the
accuser and the judge but rather with the rumour providing the accusation and
the outcry making the denunciation. While this should be observed in the case
of subjects, all the more carefully should it be observed in the case of
prelates, who are set as a mark for the arrow. Prelates cannot please everyone
since they are bound by their office not only to convince but also to rebuke
and sometimes even to suspend and to bind. Thus they frequently incur the
hatred of many people and risk ambushes. Therefore the holy fathers have wisely
decreed that accusations against prelates should not be admitted readily,
without careful provision being taken to shut the door not only to false but
also to malicious accusations, lest with the columns being shaken the building
itself collapses. They thus wished to ensure that prelates are not accused
unjustly, and yet that at the same time they take care not to sin in an arrogant
manner, finding a suitable medicine for each disease : namely, a criminal
accusation which entails loss of status, that is to say degradation, shall in
no wise be allowed unless it is preceded by a charge in lawful form. But when
someone is so notorious for his offences that an outcry goes up which can no
longer be ignored without scandal or be tolerated without danger, then without
the slightest hesitation let action be taken to inquire into and punish his
offences, not out of hate but rather out of charity. If the offence is grave,
even though not involving his degradation, let him be removed from all
administration, in accordance with the saying of the gospel that the steward is
to be removed from his stewardship if he cannot give a proper account of
it".
The person about whom the inquiry is being made
ought to be present, unless he absents himself out of contumacy. The articles
of the inquiry should be shown to him so that he may be able to defend himself.
The names of witnesses as well as their depositions are to be made known to him
so that both what has been said and by whom will be apparent; and legitimate
exceptions and responses are to be admitted, lest the suppression of names
leads to the bold bringing false charges and the exclusion of exceptions leads
to false depositions being made. A prelate should therefore act the more
diligently in correcting the offences of his subjects in proportion as he would
be worthy of condemnation were he to leave them uncorrected. Notorious cases
aside, he may proceed against them in three ways : namely, by accusation,
denunciation and inquest. Let careful precaution nevertheless be taken in all
cases lest serious loss is incurred for the sake of a small gain. Thus, just as
a charge in lawful form ought to precede the accusation, so a charitable
warning ought to precede the denunciation, and the publication of the charge
ought to precede the inquest, with the principle always being observed that the
form of the sentence shall accord with the rules of legal procedure. We do not
think, however, that this order needs to be observed in all respects as regards
regulars, who can be more easily and freely removed from their offices by their
own superiors, when the case requires it.
9. On different rites within
the same faith
Since in many places peoples of different languages
live within the same city or diocese, having one faith but different rites and
customs, we therefore strictly order bishops of such cities and dioceses to
provide suitable men who will do the following in the various rites and
languages : celebrate the divine services for them, administer the church's
sacraments, and instruct them by word and example. We altogether forbid one and
the same city or diocese to have more than one bishop, as if it were a body
with several heads like a monster. But if for the aforesaid reasons urgent
necessity demands it, the bishop of the place may appoint, after careful
deliberation, a catholic bishop who is appropriate for the nations in question
and who will be his vicar in the aforesaid matters and will be obedient and
subject to him in all things. If any such person behaves otherwise, let him
know that he has been struck by the sword of excommunication and if he does not
return to his senses let him be deposed from every ministry in the church, with
the secular arm being called in if necessary to quell such great insolence.
10. On
appointing preachers
Among the various things that are conducive to the
salvation of the christian people, the nourishment of God's word is recognized
to be especially necessary, since just as the body is fed with material food so
the soul is fed with spiritual food, according to the words, man lives not by
bread alone but by every word that proceeds from the mouth of God. It often
happens that bishops by themselves are not sufficient to minister the word of
God to the people, especially in large and scattered dioceses, whether this is
because of their many occupations or bodily infirmities or because of
incursions of the enemy or for other reasons-let us not say for lack of
knowledge, which in bishops is to be altogether condemned and is not to be
tolerated in the future. We therefore decree by this general constitution that
bishops are to appoint suitable men to carry out with profit this duty of
sacred preaching, men who are powerful in word and deed and who will visit with
care the peoples entrusted to them in place of the bishops, since these by
themselves are unable to do it, and will build them up by word and example. The
bishops shall suitably furnish them with what is necessary, when they are in
need of it, lest for want of necessities they are forced to abandon what they
have begun. We therefore order that there be appointed in both cathedral and
other conventual churches suitable men whom the bishops can have as coadjutors
and cooperators not only in the office of preaching but also in hearing
confessions and enjoining penances and in other matters which are conducive to
the salvation of souls. If anyone neglects to do this, let him be subject to
severe punishment.
11. On
schoolmasters for the poor
Zeal for learning and the opportunity to make
progress is denied to some through lack of means. The Lateran council therefore
dutifully decreed that "in each cathedral church there should be provided
a suitable benefice for a master who shall instruct without charge the clerics
of the cathedral church and other poor scholars, thus at once satisfying the
teacher's needs and opening up the way of knowledge to learners". This
decree, however, is very little observed in many churches. We therefore confirm
it and add that not only in every cathedral church but also in other churches
with sufficient resources, a suitable master elected by the chapter or by the
greater and sounder part of it, shall be appointed by the prelate to teach
grammar and other branches of study, as far as is possible, to the clerics of
those and other churches. The metropolitan church shall have a theologian to
teach scripture to priests and others and especially to instruct them in
matters which are recognized as pertaining to the cure of souls. The income of
one prebend shall be assigned by the chapter to each master, and as much shall
be assigned by the metropolitan to the theologian. The incumbent does not by
this become a canon but he receives the income of one as long as he continues
to teach. If the metropolitan church finds providing for two masters a burden,
let it provide for the theologian in the aforesaid way but get adequate
provision made for the grammarian in another church of the city or diocese.
12. On
general chapters of monks
In every kingdom or province let there be held
every three years, saving the right of diocesan bishops, a general chapter of
those abbots, and priors who do not have abbots over them, who have not been
accustomed to hold one. All should attend, unless they have a canonical
impediment, at one of the monasteries which is suitable for the purpose; with
this limitation, that none of them brings with him more than six mounts and
eight persons. Let them invite in charity, at the start of this innovation, two
neighbouring Cistercian abbots to give them appropriate advice and help, since
from long practice the Cistercians are well informed about holding such
chapters. The two abbots shall then coopt without opposition two suitable
persons from among them. The four of them shall then preside over the whole
chapter, in such a way however that none of them assumes the leadership; so
that they can if necessary be changed after careful deliberation. This kind of
chapter shall be held continuously over a certain number of days, according to
Cistercian custom. They shall treat carefully of the reform of the order and
the observance of the rule. What has been decided, with the approval of the
four presiding, is to be observed inviolably by all without any excuse or
contradiction or appeal. They shall also decide where the next chapter is to be
held. Those attending shall lead a common life and divide out proportionately
all the common expenses. If they cannot all live in the same house, let them at
least live in groups in various houses.
Let religious and circumspect persons be appointed
at the chapter who will make it their business to visit on our behalf all the
abbeys of the kingdom or province, of both monks and nuns, according to the
manner prescribed for them. Let them correct and reform what seems to need
correction and reform. Thus if they know of the superior of a place who should
certainly be removed from office, let them denounce the person to the bishop
concerned so that he may see to his or her removal. If the bishop will not do
this, let the visitors themselves refer the matter to the apostolic see for
examination. We wish and command canons regular to observe this according to
their order. If there emerges out of this innovation any difficulty that cannot
be resolved by the aforesaid persons, let it be referred, without offence being
given, to the judgment of the apostolic see; but let the other matters, about
which after careful deliberation they were in agreement, be observed without
breach. Diocesan bishops, moreover, should take care to reform the monasteries
under their jurisdiction, so that when the aforesaid visitors arrive they will
find in them more to commend than to correct. Let them be very careful lest the
said monasteries are weighed down by them with unjust burdens, for just as we
wish the rights of superiors to be upheld so we do not wish to support wrongs
done to subjects. Furthermore, we strictly command both diocesan bishops and
those who preside at chapters to restrain by ecclesiastical censure, without
appeal, advocates, patrons, lords' deputies, governors, officials, magnates,
knights, and any other people, from daring to cause harm to monasteries in
respect of their persons and their goods. Let them not fail to compel such
persons, if by chance they do cause harm, to make satisfaction, so that
almighty God may be served more freely and more peacefully.
13. A prohibition against new
religious orders
Lest too great a variety of religious orders leads
to grave confusion in God's church, we strictly forbid anyone henceforth to
found a new religious order. Whoever wants to become a religious should enter
one of the already approved orders. Likewise, whoever wishes to found a new
religious house should take the rule and institutes from already approved
religious orders. We forbid, moreover, anyone to attempt to have a place as a
monk in more than one monastery or an abbot to preside over more than one
monastery.
14. Clerical
incontinence
In order that the morals and conduct of clerics may
be reformed for the better, let all of them strive to live in a continent and
chaste way, especially those in holy orders. Let them beware of every vice
involving lust, especially that on account of which the wrath of God came down
from heaven upon the sons of disobedience, so that they may be worthy to
minister in the sight of almighty God with a pure heart and an unsullied body.
Lest the ease of receiving pardon prove an incentive to sin, we decree that those
who are caught giving way to the vice of incontinence are to be punished
according to canonical sanctions, in proportion to the seriousness of their
sins. We order such sanctions to be effectively and strictly observed, in order
that those whom the fear of God does not hold back from evil may at least be
restrained from sin by temporal punishment. Therefore anyone who has been
suspended for this reason and presumes to celebrate divine services, shall not
only be deprived of his ecclesiastical benefices but shall also, on account of
his twofold fault, be deposed in perpetuity. Prelates who dare to support such
persons in their wickedness, especially if they do it for money or for some
other temporal advantage, are to be subject to like punishment. Those clerics
who have not renounced the marriage bond, following the custom of their region,
shall be punished even more severely if they fall into sin, since for them it
is possible to make lawful use of matrimony.
15. Clerical
gluttony and drunkeness
All clerics should carefully abstain from gluttony
and drunkenness. They should temper the wine to themselves and themselves to
the wine. Let no one be urged to drink, since drunkenness obscures the
intellect and stirs up lust. Accordingly we decree that that abuse is to be
entirely abolished whereby in some places drinkers bind themselves to drink
equal amounts, and that man is most praised who makes the most people drunk and
himself drains the deepest cups. If anyone shows himself worthy of blame in these
matters, let him be suspended from his benefice or office, unless after being
warned by his superior he makes suitable satisfaction. We forbid all clerics to
hunt or to fowl, so let them not presume to have dogs or birds for fowling .
16. Decorum in the dress and
behaviour of clerics
Clerics should not practice callings or business of
a secular nature, especially those that are dishonourable. They should not
watch mimes, entertainers and actors. Let them avoid taverns altogether, unless
by chance they are obliged by necessity on a journey. They should not play at
games of chance or of dice, nor be present at such games. They should have a
suitable crown and tonsure, and let them diligently apply themselves to the
divine services and other good pursuits. Their outer garments should be closed
and neither too short nor too long. Let them not indulge in red or green
cloths, long sleeves or shoes with embroidery or pointed toes, or in bridles,
saddles, breast-plates and spurs that are gilded or have other superfluous
ornamentation. Let them not wear cloaks with sleeves at divine services in a
church, nor even elsewhere, if they are priests or parsons, unless a
justifiable fear requires a change of dress. They are not to wear buckles or
belts ornamented with gold or silver, or even rings except for those whose
dignity it befits to have them. All bishops should wear outer garments of linen
in public and in church, unless they have been monks, in which case they should
wear the monastic habit; and let them not wear their cloaks loose in public but
rather fastened together behind the neck or across the chest.
17. Dissolute
prelates
We regretfully relate that not only certain lesser
clerics but also some prelates of churches pass almost half the night in
unnecessary feasting and forbidden conversation, not to mention other things,
and leaving what is left of the night for sleep, they are barely roused at the
dawn chorus of the birds and pass away the entire morning in a continuous state
of stupor. There are others who celebrate mass barely four times a year and,
what is worse, do not bother to attend; if they happen to be present when it is
being celebrated, they flee the silence of the choir and pay attention to
conversations of the laity outside and so while they attend to talk that is
unnecessary for them, they do not give an attentive ear to the things of God.
We altogether forbid these and similar things on pain of suspension. We
strictly command such persons, in virtue of obedience, to celebrate the divine
office, day and night alike, as far as God allows them, with both zeal and
devotion.
18. Clerics to dissociate from
shedding-blood
No cleric may decree or pronounce a sentence
involving the shedding of blood, or carry out a punishment involving the same,
or be present when such punishment is carried out. If anyone, however, under
cover of this statute, dares to inflict injury on churches or ecclesiastical
persons, let him be restrained by ecclesiastical censure. A cleric may not
write or dictate letters which require punishments involving the shedding of
blood, in the courts of princes this responsibility should be entrusted to
laymen and not to clerics. Moreover no cleric may be put in command of
mercenaries or crossbowmen or suchlike men of blood; nor may a subdeacon,
deacon or priest practise the art of surgery, which involves cauterizing and
making incisions; nor may anyone confer a rite of blessing or consecration on a
purgation by ordeal of boiling or cold water or of the red-hot iron, saving
nevertheless the previously promulgated prohibitions regarding single combats
and duels.
19. That profane objects may not
be stored in churches
We are unwilling to tolerate the fact that certain
clerics deposit in churches their own and even others' furniture, so that the churches
look like lay houses rather than basilicas of God, regardless of the fact that
the Lord would not allow a vessel to be carried through the temple. There are
others who not only leave their churches uncared for but also leave the service
vessels and ministers' vestments and altar cloths and even corporals so dirty
that they at times horrify some people. Because zeal for God's house consumes
us, we strictly forbid objects of this kind to be allowed into churches, unless
they have to be taken in on account of enemy incursions or sudden fires or
other urgent necessities, and then in such a way that when the emergency is
over the objects are taken back to where they came from. We also order the
aforesaid churches, vessels, corporals and vestments to be kept neat and clean.
For it seems too absurd to take no notice of squalor in sacred things when it
is unbecoming even in profane things.
20. Chrism and the Eucharist to
be kept under lock and key
We decree that the chrism and the eucharist are to
be kept locked away in a safe place in all churches, so that no audacious hand
can reach them to do anything horrible or impious. If he who is responsible for
their safe-keeping leaves them around carelessly, let him be suspended from
office for three months; if anything unspeakable happens on account of his
carelessness, let him be subject to graver punishment.
21. On yearly confession to
one's own priest, yearly communion, the confessional seal
All the faithful of either sex, after they have
reached the age of discernment, should individually confess all their sins in a
faithful manner to their own priest at least once a year, and let them take
care to do what they can to perform the penance imposed on them. Let them
reverently receive the sacrament of the eucharist at least at Easter unless
they think, for a good reason and on the advice of their own priest, that they
should abstain from receiving it for a time. Otherwise they shall be barred
from entering a church during their lifetime and they shall be denied a christian
burial at death. Let this salutary decree be frequently published in churches,
so that nobody may find the pretence of an excuse in the blindness of
ignorance. If any persons wish, for good reasons, to confess their sins to
another priest let them first ask and obtain the permission of their own
priest; for otherwise the other priest will not have the power to absolve or to
bind them. The priest shall be discerning and prudent, so that like a skilled
doctor he may pour wine and oil over the wounds of the injured one. Let him
carefully inquire about the circumstances of both the sinner and the sin, so
that he may prudently discern what sort of advice he ought to give and what
remedy to apply, using various means to heal the sick person. Let him take the
utmost care, however, not to betray the sinner at all by word or sign or in any
other way. If the priest needs wise advice, let him seek it cautiously without
any mention of the person concerned. For if anyone presumes to reveal a sin
disclosed to him in confession, we decree that he is not only to be deposed
from his priestly office but also to be confined to a strict monastery to do
perpetual penance.
22. Physicians of the body to
advise patients to call physicians of the soul
As sickness of the body may sometimes be the result
of sin -- as the Lord said to the sick man whom he had cured, Go and sin no
more, lest something worse befall you -- so we by this present decree order and
strictly command physicians of the body, when they are called to the sick, to
warn and persuade them first of all to call in physicians of the soul so that
after their spiritual health has been seen to they may respond better to
medicine for their bodies, for when the cause ceases so does the effect. This
among other things has occasioned this decree, namely that some people on their
sickbed, when they are advised by physicians to arrange for the health of their
souls, fall into despair and so the more readily incur the danger of death. If
any physician transgresses this our constitution, after it has been published
by the local prelates, he shall be barred from entering a church until he has
made suitable satisfaction for a transgression of this kind. Moreover, since
the soul is much more precious than the body, we forbid any physician, under
pain of anathema, to prescribe anything for the bodily health of a sick person
that may endanger his soul.
23. Churches are to be without a
prelate for no more than 3 months
Lest a rapacious wolf attack the Lord's flock for
want of a shepherd, or lest a widowed church suffer grave injury to its good,
we decree, desiring to counteract the danger to souls in this matter and to
provide protection for the churches, that a cathedral church or a church of the
regular clergy is not to remain without a prelate for more than three months.
If the election has not been held within this time, provided there is no just
impediment, then those who ought to have made the election are to lose the
power to elect for that time and it is to devolve upon the person who is
recognized as the immediate superior. The person upon whom the power has
devolved, mindful of the Lord, shall not delay beyond three months in canonically
providing the widowed church, with the advice of his chapter and of other
prudent men, with a suitable person from the same church, or from another if a
worthy candidate cannot be found in the former, if he wishes to avoid canonical
penalty.
24. Democratic
election of pastors
On account of the various forms of elections which
some try to invent, there arise many difficulties and great dangers for the
bereaved churches. We therefore decree that at the holding of an election, when
all are present who ought to, want to and conveniently can take part, three
trustworthy persons shall be chosen from the college who will diligently find
out, in confidence and individually, the opinions of everybody. After they have
committed the result to writing, they shall together quickly announce it. There
shall be no further appeal, so that after a scrutiny that person shall be
elected upon whom all or the greater or sounder part of the
chapter agree. Or else the power of electing shall be committed to some
suitable persons who, acting on behalf of everybody, shall provide the bereaved
church with a pastor. Otherwise the election made shall not be valid, unless
perchance it was made by all together as if by divine inspiration and without
flaw. Those who attempt to make an election contrary to the aforesaid forms
shall be deprived of the power of electing on that occasion. We absolutely
forbid anyone to appoint a proxy in the matter of an election, unless he is
absent from the place where he ought to receive the summons and is detained
from coming by a lawful impediment. He shall take an oath about this, if
necessary, and then he may commit his representation to one of the college, if
he so wishes. We also condemn clandestine elections and order that as soon as
an election has taken place it should be solemnly published.
25. Invalid
elections
Whoever presumes to consent to his being elected
through abuse of the secular power, against canonical freedom, both forfeits
the benefit of being elected and becomes ineligible, and he cannot be elected
to any dignity without a dispensation. Those who venture to take part in
elections of this kind, which we declare to be invalid by the law itself, shall
be suspended from their offices and benefices for three years and during that
time shall be deprived of the power to elect.
26. Nominees for prelatures to
be carefully screened
There is nothing more harmful to God's church than
for unworthy prelates to be entrusted with the government of souls. Wishing
therefore to provide the necessary remedy for this disease, we decree by this
irrevocable constitution that when anyone has been entrusted with the
government of souls, then he who holds the right to confirm him should
diligently examine both the process of the election and the character of the
person elected, so that when everything is in order he may confirm him. For, if
confirmation was granted in advance when everything was not in order, then not
only would the person improperly promoted have to be rejected but also the
author of the improper promotion would have to be punished. We decree that the
latter shall be punished in the following way : if his negligence has been
proved, especially if he has approved a man of insufficient learning or
dishonest life or unlawful age, he shall not only lose the power of confirming
the person's first successor but shall also, lest by any chance he escapes
punishment, be suspended from receiving the fruits of his own benefice until it
is right for him to be granted a pardon. If he is convicted of having erred
intentionally in the matter, then he is to be subject to graver punishment.
Bishops too, if they wish to avoid canonical punishment, should take care to
promote to holy orders and to ecclesiastical dignities men who will be able to
discharge worthily the office entrusted to them. Those who are immediately
subject to the Roman pontiff shall, to obtain confirmation of their office,
present themselves personally to him, if this can conveniently be done, or send
suitable persons through whom a careful inquiry can be made about the process
of the election and the persons elected. In this way, on the strength of the
pontiff's informed judgment, they may finally enter into the fullness of their
office, when there is no impediment in canon law. For a time, however, those
who are in very distant parts, namely outside Italy, if they were elected
peaceably, may by dispensation, on account of the needs and benefit of the
churches, administer in things spiritual and temporal, but in such a way that
they alienate nothing whatever of the church's goods. They may receive the
customary consecration or blessing.
27. Candidates for the
priesthood to be carefully trained and scrutinized
To guide souls is a supreme art. We therefore
strictly order bishops carefully to prepare those who are to be promoted to the
priesthood and to instruct them, either by themselves or through other suitable
persons, in the divine services and the sacraments of the church, so that they
may be able to celebrate them correctly. But if they presume henceforth to
ordain the ignorant and unformed, which can indeed easily be detected, we
decree that both the ordainers and those ordained are to be subject to severe
punishment. For it is preferable, especially in the ordination of priests, to
have a few good ministers than many bad ones, for if a blind man leads another
blind man, both will fall into the pit.
28. Who
asks to resign must resign
Certain persons insistently ask for permission to
resign and obtain it, but then do not resign. Since in such a request to resign
they would seem to have in mind either the good of the churches over which they
preside or their own well-being, neither of which do we wish to be impeded
either by the arguments of any people seeking their own interests or even by a certain
fickleness, we therefore decree that such persons are to be compelled to
resign.
29. Multiple benefices
require papal dispensation
With much foresight it was forbidden in the Lateran
council for anyone to receive several ecclesiastical dignities and several
parish churches, contrary to the regulations of the sacred canons, on pain of
both the recipient losing what he had received and the conferrer being deprived
of the power to confer. On account of the presumption and covetousness of
certain persons, however, none or little fruit is resulting from this statute.
We therefore, desiring to remedy the situation more clearly and expressly,
ordain by this present decree that whoever receives any benefice with the cure
of souls attached, if he was already in possession of such a benefice, shall be
deprived by the law itself of the benefice held first, and if perchance he
tries to retain this he shall also be deprived of the second benefice.
Moreover, the person who has the right to confer the first benefice may freely
bestow it, after the recipient has obtained a second benefice, on someone who
seems to deserve it. If he delays in conferring it beyond three months,
however, then not only is the collation to devolve upon another person,
according to the statute of the Lateran council, but also he shall be compelled
to assign to the use of the church belonging to the benefice as much of his own
income as is established as having been received from the benefice while it was
vacant. We decree that the same is to be observed with regard to parsonages
adding that nobody shall presume to hold several dignities or parsonages in the
same church even if they do not have the cure of souls. As for exalted and
lettered persons, however, who should be honoured with greater benefices, it is
possible for them to be dispensed by the apostolic see, when reason demands it.
30. Penalties for bestowing
ecclesiatical benefices on the unworthy
It is very serious and absurd that prelates of
churches, when they can promote suitable men to ecclesiastical benefices, are
not afraid to choose unworthy men who lack both learning and honesty of
behaviour and who follow the urgings of the flesh rather than the judgment of
reason. Nobody of a sound mind is ignorant of how much damage to churches arises
from this. Wishing therefore to remedy this ill, we order that they pass over
unworthy persons and appoint suitable persons who are willing and able to offer
a pleasing service to God and to the churches, and that careful inquiry be made
about this each year at the provincial council. Therefore he who has been found
guilty after a first and second correction is to be suspended from conferring
benefices by the provincial council, and a prudent and honest person is to be
appointed at the same council to make up for the suspended person's failure in
this matter. The same is to be observed with regard to chapters who offend in
these matters. The offence of a metropolitan, however, shall be left by the
council to be reported to the judgment of the superior. In order that this
salutary provision may have fuller effect, a sentence of suspension of this
kind may not be relaxed at all without the authority of the Roman pontiff or of
the appropriate patriarch, so that in this too the four patriarchal sees shall be
specially honoured.
31. Canons' sons cannot be
canons where their fathers are
In order to abolish a very bad practice that has
grown up in many churches, we strictly forbid the sons of canons, especially if
they are illegitimate, to become canons in the secular churches in which their
fathers hold office. If the contrary is attempted, we declare it to be invalid.
Those who attempt to make such persons canons are to be suspended from their
benefices.
32. Parish priests to have
adequate incomes
There has grown up in certain parts a vicious
custom which should be eradicated, namely that patrons of parish churches and
certain other people claim the incomes from the churches wholly for themselves
and leave to the priests, for the appointed services, such a small portion that
they cannot live fittingly on it. For in some regions, as we have learnt for
certain, parish priests receive for their sustenance only a quarter of a
quarter, that is to say a sixteenth, of the tithes. Whence it comes about in
these regions that almost no parish priest can be found who is even moderately
learned. As the mouth of the ox should not be muzzled when it is treading out
the grain, and he who serves at the altar should live from it, we therefore
decree that, notwithstanding any custom of a bishop or a patron or anyone else,
a sufficient portion is to be assigned to the priest. He who has a parish
church is to serve it not through a vicar but in person, in the due form which
the care of that church requires, unless by chance the parish church is annexed
to a prebend or a dignity. In that case we allow that he who has such a prebend
or dignity should make it his business, since he must serve in the greater
church, to have a suitable and permanent vicar canonically instituted in the parish
church; and the latter is to have, as has been said, a fitting portion from the
revenues of the church. Otherwise let him know that by the authority of this
decree he is deprived of the parish church, which is freely to be conferred on
someone else who is willing and able to do what has been said. We utterly
forbid anyone to dare deceitfully to confer a pension on another person, as it
were as a benefice, from the revenues of a church which has to maintain its own
priest.
33. Renumeration for visitations
to be reasonable
Procurations which are due, by reason of a
visitation, to bishops, archdeacons or any other persons, as well as to legates
or nuncios of the apostolic see, should by no means be exacted, without a clear
and necessary reason, unless the visitations were carried out in person, and
then let them observe the moderation in transport and retinue laid down in the
Lateran council. We add the following moderation with regard to legates and
nuncios of the apostolic see : that when it is necessary for them to stay in
any place, and in order that the said place may not be burdened too much on
their behalf, they may receive moderate procurations from other churches and
persons that have not yet been burdened with procurations of their own, on
condition that the number of procurations does-not exceed the number of days in
the stay; and when any of the churches or persons have not sufficient means of
their own, two or more of them may be combined into one. Those who exercise the
office of visitation, moreover, shall not seek their own interests but rather
those of Jesus Christ, by devoting themselves to preaching and exhortation, to
correction and reformation, so that they may bring back fruit which does not
perish. He who dares to do the contrary shall both restore what he has received
and pay a like amount in compensation to the church which he has thus burdened.
34. Prelates forbidden to
procure ecclesiastical services at a profit
Many prelates, in order to meet the cost of a
procuration or some service to a legate or some other person, extort from their
subjects more than they pay out, and in trying to extract a profit from their
losses they look for booty rather than help in their subjects. We forbid this
to happen in the future. If by chance anyone does attempt it, he shall restore
what he has extorted and be compelled to give the same amount to the poor. The
superior to whom a complaint about this has been submitted shall suffer
canonical punishment if he is negligent in executing this statute.
35. On appeal
procedures
In order that due honour may be given to judges and
consideration be shown to litigants in the matter of trouble and expenses, we
decree that when somebody sues an adversary before the competent judge, he
shall not appeal to a superior judge before judgment has been given, without a
reasonable cause; but rather let him proceed with his suit before the lower
judge, without it being possible for him to obstruct by saying that he sent a
messenger to a superior judge or even procured letters from him before they
were assigned to the delegated judge. When, however, he thinks that he has
reasonable cause for appealing and has stated the probable grounds of the
appeal before the same judge, such namely that if they were proved they would
be reckoned legitimate, the superior judge shall examine the appeal. If the
latter thinks the appeal is unreasonable, he shall send the appellant back to
the lower judge and sentence him to pay the costs of the other party; otherwise
he shall go ahead, saving however the canons about major cases being referred
to the apostolic see.
36. On
interlocutory sentences
Since the effect ceases when the cause ceases, we
decree that if an ordinary judge or a judge delegate has pronounced a
comminatory or an interlocutory sentence which would prejudice one of the
litigants if its execution was ordered, and then acting on good advice refrains
from putting it into effect, he shall proceed freely in hearing the case,
notwithstanding any appeal made against such a comminatory or interlocutory
sentence, provided he is not open to suspicion for some other legitimate
reason. This is so that the process is not held up for frivolous reasons.
37. On
Summons by Apostolic Letter
Some people, abusing the favour of the apostolic
see, try to obtain letters from it summoning people to distant judges, so that
the defendant, wearied by the labour and expense of the action, is forced to
give in or to buy off the importunate bringer of the action. A trial should not
open the way to injustices that are forbidden by respect for the law. We
therefore decree that nobody may be summoned by apostolic letters to a trial
that is more than two days' journey outside his diocese, unless the letters
were procured with the agreement of both parties or expressly mention this
constitution. There are other people who, turning to a new kind of trade, in
order to revive complaints that are dormant or to introduce new questions, make
up suits for which they procure letters from the apostolic see without
authorization from their superiors. They then offer the letters for sale either
to the defendant, in return for his not being vexed with trouble and expense on
account of them, or to the plaintiff, in order that by means of them he may
wear out his adversary with undue distress. Lawsuits should be limited rather
than encouraged. We therefore decree by this general constitution that if
anyone henceforth presumes to seek apostolic letters on any matter without a
special mandate from his superior, then the letters are invalid and he is to be
punished as a forger, unless by chance persons are involved for whom a mandate
should not in law be demanded.
39. On knowingly receiving stolen goods
It often happens, when a
person has been unjustly robbed and the object has been transferred by the
robber to a third party, that he is not helped by an action of restitution
against the new possessor because he has lost the advantage of possession, and
he loses in effect the right of ownership on account of the difficulty of
proving his case. We therefore decree, notwithstanding the force of civil law,
that if anyone henceforth knowingly receives such a thing, then the one robbed
shall be favoured by his being awarded restitution against the one in
possession. For the latter as it were succeeds the robber in his vice, inasmuch
as there is not much difference, especially as regards danger to the soul,
between unjustly hanging on to another's property and seizing it.
40. True owner is the true
possessor even if not possessing the object for a year
It sometimes happens that
when possession of something is awarded to the plaintiff in a suit, on account
of the contumacy of the other party, yet because of force or fraud over the
thing he is unable to obtain custody of it within a year, or having gained it
he loses it. Thus the defendant profits from his own wickedness, because in the
opinion of many the plaintiff does not qualify as the true possessor at the end
of a year. Lest therefore a contumacious party is in a better position than an
obedient one, we decree, in the name of canonical equity, that in the aforesaid
case the plaintiff shall be established as the true possessor after the year
has elapsed. Furthermore, we issue a general prohibition against promising to
abide by the decision of a layman in spiritual matters, since it is not fitting
for a layman to arbitrate in such matters.
38. Written records of trials to be
kept
An innocent litigant can
never prove the truth of his denial of a false assertion made by an unjust
judge, since a denial by the nature of things does not constitute a direct
proof. We therefore decree, lest falsehood prejudice truth or wickedness
prevail over justice, that in both ordinary and extraordinary trials the judge
shall always employ either a public official, if he can find one, or two
suitable men to write down faithfully all the judicial acts -- that is to say the
citations, adjournments, objections and exceptions, petitions and replies,
interrogations, confessions, depositions of witnesses, productions of
documents, interlocutions , appeals, renunciations, final decisions and the
other things that ought to be written down in the correct order -- stating the
places, times and persons. Everything thus written down shall be given to the
parties in question, but the originals shall remain with the scribes, so that
if a dispute arises over how the judge conducted the case, the truth can be
established from the originals. With this measure being applied, such deference
will be paid to honest and prudent judges that justice for the innocent will
not be harmed by imprudent and wicked judges. A judge who neglects to observe
this constitution shall, if some difficulty arises from his negligence, be
punished as he deserves by a superior judge; nor shall presumption be made in
favour of his handling of the case except insofar as it accords with the legal
documents.
39. On knowingly
receiving stolen goods
It often happens, when a
person has been unjustly robbed and the object has been transferred by the
robber to a third party, that he is not helped by an action of restitution
against the new possessor because he has lost the advantage of possession, and
he loses in effect the right of ownership on account of the difficulty of
proving his case. We therefore decree, notwithstanding the force of civil law,
that if anyone henceforth knowingly receives such a thing, then the one robbed
shall be favoured by his being awarded restitution against the one in
possession. For the latter as it were succeeds the robber in his vice, inasmuch
as there is not much difference, especially as regards danger to the soul,
between unjustly hanging on to another's property and seizing it.
40. True owner is
the true possessor even if not possessing the object for a year
It sometimes happens that when possession of
something is awarded to the plaintiff in a suit, on account of the contumacy of
the other party, yet because of force or fraud over the thing he is unable to
obtain custody of it within a year, or having gained it he loses it. Thus the
defendant profits from his own wickedness, because in the opinion of many the
plaintiff does not qualify as the true possessor at the end of a year. Lest
therefore a contumacious party is in a better position than an obedient one, we
decree, in the name of canonical equity, that in the aforesaid case the
plaintiff shall be established as the true possessor after the year has
elapsed. Furthermore, we issue a general prohibition against promising to abide
by the decision of a layman in spiritual matters, since it is not fitting for a
layman to arbitrate in such matters.
41. No one is to knowingly
prescribe an object to the wrong party
Since whatever does not proceed from faith is sin,
and since in general any constitution or custom which cannot be observed
without mortal sin is to be disregarded, we therefore define by this synodal
judgment that no prescription, whether canonical or civil, is valid without
good faith. It is therefore necessary that the person who prescribes should at
no stage be aware that the object belongs to someone else.
42. Clerics and laity are not to
usurp each others rights
Just as we desire lay people not to usurp the
rights of clerics, so we ought to wish clerics not to lay claim to the rights
of the laity. We therefore forbid every cleric henceforth to extend his
jurisdiction, under pretext of ecclesiastical freedom, to the prejudice of secular
justice. Rather, let him be satisfied with the written constitutions and
customs hitherto approved, so that the things of Caesar may be rendered unto
Caesar, and the things of God may be rendered unto God by a right distribution.
43. Clerics cannot be forced to
take oaths of fealty to those from whom they hold no temporalities
Certain laymen try to encroach too far upon divine
right when they force ecclesiastics who do not hold any temporalities from them
to take oaths of fealty to them. Since a servant stands or falls with his Lord,
according to the Apostle, we therefore forbid, on the authority of this sacred
council, that such clerics be forced to take an oath of this kind to secular
persons.
44. Only clerics may dispose of
church property
Lay people, however devout, have no power to
dispose of church property. Their lot is to obey, not to be in command. We
therefore grieve that charity is growing cold in some of them so that they are
not afraid to attack through their ordinances, or rather their fabrications,
the immunity of ecclesiastical freedom, which has in the past been protected
with many privileges not only by holy fathers but also by secular princes. They
do this not only by alienating fiefs and other possessions of the church and by
usurping jurisdictions but also by illegally laying hands on mortuaries and
other things which are seen to belong to spiritual justice. We wish to ensure
the immunity of churches in these matters and to provide against such great
injuries. We therefore decree, with the approval of this sacred council, that
ordinances of this kind and claims to fiefs or other goods of the church, made
by way of a decree of the lay power, without the proper consent of
ecclesiastical persons, are invalid since they can be said to be not laws but
rather acts of destitution or destruction and usurpations of jurisdiction.
Those who dare to do these things are to be restrained by ecclesiastical
censure.
45. Penalties for patrons who
steal church goods or physically harm their clerics
Patrons of churches, lords' deputies and advocates
have displayed such arrogance in some provinces that they not only introduce
difficulties and evil designs when vacant churches ought to be provided with
suitable pastors, but they also presume to dispose of the possessions and other
goods of the church as they like and, what is dreadful to relate, they are not
afraid to set about killing prelates. What was devised for protection should
not be twisted into a means of repression. We therefore expressly forbid patrons,
advocates and lords' deputies henceforth to appropriate more in the aforesaid
matters than is permitted in law. If they dare to do the contrary, let them be
curbed with the most severe canonical penalties. We decree, moreover, with the
approval of this sacred council, that if patrons or advocates or feudatories or
lords' deputies or other persons with benefices venture with unspeakable daring
to kill or to mutilate, personally or through others, the rector of any church
or other cleric of that church, then the patron shall lose completely his right
of patronage, the advocate his advocation, the feudatory his fief, the lord's
deputy his deputyship and the beneficed person his benefice. And lest the
punishment be remembered for less time than the crime, nothing of the aforesaid
shall descend to their heirs, and their posterity to the fourth generation
shall in nowise be admitted into a college of clerics or to hold the honour of
any prelacy in a religious house, except when out of mercy they are dispensed
to do so.
46. Taxes cannot be levied on
the Church, but the Church can volunteer contributions for the common good
The Lateran council, wishing to provide for the
immunity of the church against officials and governors of cities and other
persons who seek to oppress churches and churchmen with tallages and taxes and
other exactions, forbade such presumption under pain of anathema. It ordered
transgressors and their supporters to be excommunicated until they made
adequate satisfaction. If at some time, however, a bishop together with his
clergy foresee so great a need or advantage that they consider, without any
compulsion, that subsidies should be given by the churches, for the common good
or the common need, when the resources of the laity are not sufficient, then
the above-mentioned laymen may receive them humbly and devoutly and with
thanks. On account of the imprudence of some, however, the Roman pontiff, whose
business it is to provide for the common good, should be consulted beforehand.
We add, moreover, since the malice of some against God's church has not abated,
that the ordinances and sentences promulgated by such excommunicated persons,
or on their orders, are to be deemed null and void and shall never be valid.
Since fraud and deceit should not protect anyone, let nobody be deceived by
false error to endure an anathema during his term of government as though he is
not obliged to make satisfaction afterwards. For we decree that both he who has
refused to make satisfaction and his successor, if he does not make
satisfaction within a month, is to remain bound by ecclesiastical censure until
he makes suitable satisfaction, since he who succeeds to a post also succeeds
to its responsibilities.
47. On
unjust excommunication
With the approval of this sacred council, we forbid
anyone to promulgate a sentence of excommunication on anyone, unless an
adequate warning has been given beforehand in the presence of suitable persons,
who can if necessary testify to the warning. If anyone dares to do the
contrary, even if the sentence of excommunication is just, let him know that he
is forbidden to enter a church for one month and he is to be punished with
another penalty if this seems expedient. Let him carefully avoid proceeding to
excommunicate anyone without manifest and reasonable cause. If he does so
proceed and, on being humbly requested, does not take care to revoke the
process without imposing punishment, then the injured person may lodge a
complaint of unjust excommunication with a superior judge. The latter shall
then send the person back to the judge who excommunicated him, if this can be
done without the danger of a delay, with orders that he is to be absolved
within a suitable period of time. If the danger of delay cannot be avoided, the
task of absolving him shall be carried out by the superior judge, either in
person or through someone else, as seems expedient, after he has obtained
adequate guarantees. Whenever it is established that the judge pronounced an
unjust excommunication, he shall be condemned to make compensation for damages
to the one excommunicated, and be nonetheless punished in another way at the
discretion of the superior judge if the nature of the fault calls for it, since
it is not a trivial fault to inflict so great a punishment on an innocent
person -- unless by chance he erred for reasons that are credible -- especially
if the person is of praiseworthy repute. But if nothing reasonable is proved
against the sentence of excommunication by the one making the complaint, then
the complainant shall be condemned in punishment, for the unreasonable trouble
caused by his complaint, to make compensation or in some other way according to
the discretion of the superior judge, unless by chance his error was based on
something that is credible and so excuses him; and he shall moreover be
compelled upon a pledge to make satisfaction in the matter for which he was
justly excommunicated, or else he shall be subject again to the former sentence
which is to be inviolably observed until full satisfaction has been made. If
the judge, however, recognizes his error and is prepared to revoke the
sentence, but the person on whom it was passed appeals, for fear that the judge
might revoke it without making satisfaction, then the appeal shall not be
admitted unless the error is such that it may deserve to be questioned. Then
the judge, after he has given sufficient security that he will appear in court
before the person to whom the appeal had been made or one delegated by him,
shall absolve the excommunicated person and thus shall not be subject to the
prescribed punishment. Let the judge altogether beware, if he wishes to avoid
strict canonical punishment, lest out of a perverse intention to harm someone
he pretends to have made an error.
48. Challenging an ecclesiastical
judge
Since a special prohibition has been made against
anyone presuming to promulgate a sentence of excommunication against someone
without adequate warning being given beforehand, we therefore wish to provide
against the person warned being able, by means of a fraudulent objection or
appeal, to escape examination by the one issuing the warning. We therefore
decree that if the person alleges he holds the judge suspect, let him bring
before the same judge an action of just suspicion; and he himself in agreement
with his adversary (or with the judge, if he happens not to have an adversary)
shall together choose arbiters or, if by chance they are unable to reach
agreement together, he shall choose one arbiter and the other another, to take
cognisance of the action of suspicion. If these cannot agree on a judgment they
shall call in a third person so that what two of them decide upon shall have
binding force. Let them know that they are bound to carry this out faithfully,
in accordance with the command strictly enjoined by us in virtue of obedience
and under the attestation of the divine judgment. If the action of suspicion is
not proved in law before them within a suitable time, the judge shall exercise
his jurisdiction; if the action is proved, then with the consent of the
objector the challenged judge shall commit the matter to a suitable person or
shall refer it to a superior judge so that he may conduct the matter as it
should be conducted. As for the person who has been warned but then hastens to
make an appeal, if his offence is made manifest in law by the evidence of the
case or by his own confession or in some other way, then provocation of this
kind is not to be tolerated, since the remedy of an appeal was not established
to defend wickedness but to protect innocence. If there is some doubt about his
offence, then the appellant shall, lest he impedes the judge's action by the
subterfuge of a frivolous appeal, set before the same judge the credible reason
for his appeal, such namely that if it was proved it would be considered
legitimate. Then if he has an adversary, let him proceed with his appeal within
the time laid down by the same judge according to the distances, times and
nature of the business involved. If he does not prosecute his appeal, the judge
himself shall proceed notwithstanding the appeal. If the adversary does not
appear when the judge is proceeding in virtue of his office, then once the
reason for the appeal has been verified before the superior judge the latter
shall exercise his jurisdiction. If the appellant fails to get the reason for
his appeal verified, he shall be sent back to the judge from whom it has been
established that he appealed maliciously. We do not wish the above two
constitutions to be extended to regulars, who have their own special
observances. '
49. Penalties for
excommunication out of avarice
We absolutely forbid, under threat of the divine
judgment, anyone to dare to bind anyone with the bond of excommunication, or to
absolve anyone so bound, out of avarice. We forbid this especially in those
regions where by custom an excommunicated person is punished by a money penalty
when he is absolved. We decree that when it has been established that a
sentence of excommunication was unjust, the excommunicator shall be compelled
by ecclesiastical censure to restore the money thus extorted, and shall pay as
much again to his victim for the injury unless he was deceived by an
understandable error. If perchance he is unable to pay, he shall be punished in
some other way.
50. Prohibition of marriage is
now perpetually restricted to the fourth degree
It should not be judged reprehensible if human
decrees are sometimes changed according to changing circumstances, especially
when urgent necessity or evident advantage demands it, since God himself
changed in the new Testament some of the things which he had commanded in the
old Testament. Since the prohibitions against contracting marriage in the
second and third degree of affinity, and against uniting the offspring of a
second marriage with the kindred of the first husband, often lead to difficulty
and sometimes endanger souls, we therefore, in order that when the prohibition
ceases the effect may also cease, revoke with the approval of this sacred
council the constitutions published on this subject and we decree, by this
present constitution, that henceforth contracting parties connected in these
ways may freely be joined together. Moreover the prohibition against marriage
shall not in future go beyond the fourth degree of consanguinity and of
affinity, since the prohibition cannot now generally be observed to further
degrees without grave harm. The number four agrees well with the prohibition
concerning bodily union about which the Apostle says, that the husband does not
rule over his body, but the wife does; and the wife does not rule over her
body, but the husband does; for there are four humours in the body, which is
composed of the four elements. Although the prohibition of marriage is now
restricted to the fourth degree, we wish the prohibition to be perpetual,
notwithstanding earlier decrees on this subject issued either by others or by
us. If any persons dare to marry contrary to this prohibition, they shall not
be protected by length of years, since the passage of time does not diminish
sin but increases it, and the longer that faults hold the unfortunate soul in
bondage the graver they are.
51. Clandestine
marriages forbidden
Since the prohibition against marriage in the three
remotest degrees has been revoked, we wish it to be strictly observed in the
other degrees. Following in the footsteps of our predecessors, we altogether
forbid clandestine marriages and we forbid any priest to presume to be present
at such a marriage. Extending the special custom of certain regions to other
regions generally, we decree that when marriages are to be contracted they
shall be publicly announced in the churches by priests, with a suitable time
being fixed beforehand within which whoever wishes and is able to may adduce a lawful
impediment. The priests themselves shall also investigate whether there is any
impediment. When there appears a credible reason why the marriage should not be
contracted, the contract shall be expressly forbidden until there has been
established from clear documents what ought to be done in the matter. If any
persons presume to enter into clandestine marriages of this kind, or forbidden
marriages within a prohibited degree, even if done in ignorance, the offspring
of the union shall be deemed illegitimate and shall have no help from their
parents' ignorance, since the parents in contracting the marriage could be
considered as not devoid of knowledge, or even as affecters of ignorance.
Likewise the offspring shall be deemed illegitimate if both parents know of a
legitimate impediment and yet dare to contract a marriage in the presence of
the church, contrary to every prohibition. Moreover the parish priest who
refuses to forbid such unions, or even any member of the regular clergy who
dares to attend them, shall be suspended from office for three years and shall
be punished even more severely if the nature of the fault requires it. Those
who presume to be united in this way, even if it is within a permitted degree,
are to be given a suitable penance. Anybody who maliciously proposes an
impediment, to prevent a legitimate marriage, will not escape the church's
vengeance.
52. On rejecting evidence from
hearsay at a matrimonial suit
It was at one time decided out of a certain
necessity, but contrary to the normal practice, that hearsay evidence should be
valid in reckoning the degrees of consanguinity and affinity, because on
account of the shortness of human life witnesses would not be able to testify
from first-hand knowledge in a reckoning as far as the seventh degree. However,
because we have learned from many examples and definite proofs that many
dangers to lawful marriages have arisen from this, we have decided that in
future witnesses from hearsay shall not be accepted in this matter, since the
prohibition does not now exceed the fourth degree, unless there are persons of
weight who are trustworthy and who learnt from their elders, before the case
was begun, the things that they testify : not indeed from one such person since
one would not suffice even if he or she were alive, but from two at least, and
not from persons who are of bad repute and suspect but from those who are
trustworthy and above every objection, since it would appear rather absurd to
admit in evidence those whose actions would be rejected. Nor should there be
admitted in evidence one person who has learnt what he testifies from several,
or persons of bad repute who have learnt what they testify from persons of good
repute, as though they were more than one and suitable witnesses, since even
according to the normal practice of courts the assertion of one witness does
not suffice, even if he is a person resplendent with authority, and since legal
actions are forbidden to persons of bad repute. The witnesses shall affirm on
oath that in bearing witness in the case they are not acting from hatred or
fear or love or for advantage; they shall designate the persons by their exact
names or by pointing out or by sufficient description, and shall distinguish by
a clear reckoning every degree of relationship on either side; and they shall
include in their oath the statement that it was from their ancestors that they
received what they are testifying and that they believe it to be true. They
shall still not suffice unless they declare on oath that they have known that
the persons who stand in at least one of the aforesaid degrees of relationship,
regard each other as blood-relations. For it is preferable to leave alone some
people who have been united contrary to human decrees than to separate, contrary
to the Lord's decrees, persons who have been joined together legitimately.
53. On those who give their
fields to others to be cultivated so as to avoid tithes
In some regions there are intermingled certain
peoples who by custom, in accordance with their own rites, do not pay tithes,
even though they are counted as christians. Some landlords assign their lands
to them so that these lords may obtain greater revenues, by cheating the
churches of the tithes. Wishing therefore to provide for the security of churches
in these matters, we decree that when lords make over their lands to such
persons in this way for cultivation, the lords must pay the tithes to the
churches in full and without objection, and if necessary they shall be
compelled to do so by ecclesiastical censure. Such tithes are indeed to be paid
of necessity, inasmuch as they are owed in virtue of divine law or of approved
local custom.
54. Tithes should be paid before taxes
It is not within human power that the seed should
answer to the sower since, according to the saying of the Apostle, Neither he
who plants nor he who waters is anything, but rather he who gives the growth,
namely God, who himself brings forth much fruit from the dead seed. Now, some
people from excess of greed strive to cheat over tithes, deducting from crops
and first-fruits the rents and dues, which meanwhile escape the payment of
tithes. Since the Lord has reserved tithes unto himself as a sign of his
universal lordship, by a certain special title as it were, we decree, wishing
to prevent injury to churches and danger to souls, that in virtue of this
general lordship the payment of tithes shall precede the exaction of dues and
rents, or at least those who receive untithed rents and dues shall be forced by
ecclesiastical censure, seeing that a thing carries with it its burden, to
tithe them for the churches to which by right they are due.
55. Tithes are to be paid on
lands acquired, notwithstanding privileges
Recently abbots of the Cistercian order, assembled
in a general chapter, wisely decreed at our instance that the brethren of the
order shall not in future buy possessions from which tithes are due to
churches, unless by chance it is for founding new monasteries; and that if such
possessions were given to them by the pious devotion of the faithful, or were
bought for founding new monasteries, they would assign them for cultivation to
other people, who would pay the tithes to the churches, lest the churches be
further burdened on account of the Cistercians' privileges. We therefore decree
that on lands assigned to others and on future acquisitions, even if they
cultivate them with their own hands or at their own expense, they shall pay
tithes to the churches which previously received the tithes from the lands,
unless they decide to compound in another way with the churches. Since we
consider this decree to be acceptable and right, we wish it to be extended to
other regulars who enjoy similar privileges, and we order prelates of churches
to be readier and more effectual in affording them full justice with regard to
those who wrong them and to take pains to maintain their privileges more
carefully and completely.
56. A parish priest shall not
lose a tithe on account of some people making a pact
Many regulars, as we have learnt, and sometimes
secular clerics, when letting houses or granting fiefs, add a pact, to the
prejudice of the parish churches, to the effect that the tenants and vassals
shall pay tithes to them and shall choose to be buried in their ground. We
utterly reject pacts of this kind, since they are rooted in avarice, and we
declare that whatever is received through them shall be returned to the parish
churches.
57. Interpreting the words of
privileges
In order that privileges which the Roman church has
granted to certain religious may remain unimpaired, we have decided that
certain things in them must be clarified lest through their not being well
understood they lead to abuse, on account of which they could deservedly be
revoked. For, a person deserves to lose a privilege if he abuses the power
entrusted to him. The apostolic see has rightly granted an indult to certain
regulars to the effect that ecclesiastical burial should not be refused to
deceased members of their fraternity if the churches to which they belong happen
to be under an interdict as regards divine services, unless the persons were
excommunicated or interdicted by name, and that they may carry off for burial
to their own churches their confraters whom prelates of churches will not allow
to be buried in their own churches, unless the confraters have been
excommunicated or interdicted by name. However, we understand this to refer to
confraters who have changed their secular dress and have been consecrated to
the order while still alive, or who in their lifetime have given their property
to them while retaining for themselves as long as they live the usufruct of it.
Only such persons may be buried at the non-interdicted churches of these
regulars and of others in which they have chosen to be buried. For if it were
understood of any persons joining their fraternity for the annual payment of
two or three pennies, ecclesiastical discipline would be loosened and brought
into contempt. Even the latter may, however, obtain a certain remission granted
to them by the apostolic see. It has also been granted to such regulars that if
any of their brethren, whom they have sent to establish fraternities or to
receive taxes, comes to a city or a castle or a village which is under an
interdict as regards divine services, then churches may be opened once in the
year at their "joyous entry" so that the divine services may be
celebrated there, after excommunicated persons have been excluded. We wish this
to be understood as meaning that in a given city, castle or town one church only
shall be opened for the brethren of a particular order, as mentioned above,
once in the year. For although it was said in the plural that churches may be
opened at their "joyous entry", this on a true understanding refers
not to each individual church of a given place but rather to the churches of
the aforesaid places taken together. Otherwise if they visited all the churches
of a given place in this way, the sentence of interdict would be brought into
too much contempt. Those who dare to usurp anything for themselves contrary to
the above declarations shall be subjected to severe punishment.
58. On
the same in favour of bishops
We wish to extend to bishops, in favour of the
episcopal office, the indult which has already been given to certain religious.
We therefore grant that when a country is under a general interdict, the
bishops may sometimes celebrate the divine services, behind closed doors and in
a lowered voice, without the ringing of bells, after excommunicated and
interdicted persons have been excluded, unless this has been expressly
forbidden to them. We grant this, however, to those bishops who have not given
any cause for the interdict, lest they use guile or fraud of any sort and so
turn a good thing into a damaging loss.
59. Religious cannot give surety
without permission of his abbot and convent
We wish and order to be extended to all religious
what has already been forbidden by the apostolic see to some of them : namely
that no religious, without the permission of his abbot and the majority of his
chapter, may stand surety for someone or accept a loan from another beyond a
sum fixed by the common opinion. Otherwise the convent shall not be held
responsible in any way for his actions, unless perchance the matter has clearly
redounded to the benefit of his house. Anyone who presumes to act contrary to
this statute shall be severely disciplined.
60. Abbots not to encroach on
episcopal office
From the complaints which have reached us from
bishops in various parts of the world, we have come to know of serious and
great excesses of certain abbots who, not content with the boundaries of their
own authority, stretch out their hands to things belonging to the episcopal
dignity : hearing matrimonial cases, enjoining public penances, even granting
letters of indulgences and like presumptions. It sometimes happens from this
that episcopal authority is cheapened in the eyes of many. Wishing therefore to
provide for both the dignity of bishops and the well-being of abbots in these
matters, we strictly forbid by this present decree any abbot to reach out for
such things, if he wishes to avoid danger for himself, unless by chance any of
them can defend himself by a special concession or some other legitimate reason
in respect of such things.
61. Religious may not receive
tithes from lay hands
It was forbidden at the Lateran council, as is
known, for any regulars to dare to receive churches or tithes from lay hands
without the bishop's consent, or in any way to admit to the divine services
those under excommunication or those interdicted by name. We now forbid it even
more strongly and will take care to see that offenders are punished with
condign penalties. We decree, nevertheless that in churches which do not belong
to them by full right the regulars shall, in accordance with the statutes of
that council, present to the bishop the priests who are to be instituted, for
examination by him about the care of the people; but as for the priests'
ability in temporal matters, the regulars shall furnish the proof unto
themselves. Let them not dare to remove those who have been instituted without
consulting the bishop. We add, indeed, that they should take care to present
those who are either noted for their way of life or recommended by prelates on
probable grounds.
62. Regarding
saint's relics
The christian religion is frequently disparaged
because certain people put saints' relics up for sale and display them
indiscriminately. In order that it may not be disparaged in the future, we
ordain by this present decree that henceforth ancient relics shall not be
displayed outside a reliquary or be put up for sale. As for newly discovered
relics, let no one presume to venerate them publicly unless they have
previously been approved by the authority of the Roman pontiff. Prelates,
moreover, should not in future allow those who come to their churches, in order
to venerate, to be deceived by lying stories or false documents, as has
commonly happened in many places on account of the desire for profit. We also
forbid the recognition of alms-collectors, some of whom deceive other people by
proposing various errors in their preaching, unless they show authentic letters
from the apostolic see or from the diocesan bishop. Even then they shall not be
permitted to put before the people anything beyond what is contained in the
letters.
We have thought it good to show the form of letter
which the apostolic see generally grants to alms-collectors, in order that
diocesan bishops may follow it in their own letters. It is this : "Since,
as the Apostle says, we shall all stand before the judgment seat of Christ to
receive according to what we have done in the body, whether it be good or bad,
it behooves us to prepare for the day of the final harvest with works of mercy
and to sow on earth, with a view to eternity, that which, with God returning it
with multiplied fruit, we ought to collect in heaven; keeping a firm hope and
confidence, since he who sows sparingly reaps sparingly, and he who sows
bountifully shall reap bountifully unto eternal life. Since the resources of a hospital
may not suffice for the support of the brethren and the needy who flock to it,
we admonish and exhort all of you in the Lord, and enjoin upon you for the
remission of your sins, to give pious alms and grateful charitable assistance
to them, from the goods that God has bestowed upon you; so that their need may
be cared for through your help, and you may reach eternal happiness through
these and other good things which you may have done under God's inspiration.
"
Let those who are sent to seek alms be modest and
discreet, and let them not stay in taverns or other unsuitable places or incur
useless or excessive expenses, being careful above all not to wear the garb of
false religion. Moreover, because the keys of the church are brought into
contempt and satisfaction through penance loses its force through
indiscriminate and excessive indulgences, which certain prelates of churches do
not fear to grant, we therefore decree that when a basilica is dedicated, the
indulgence shall not be for more than one year, whether it is dedicated by one
bishop or by more than one, and for the anniversary of the dedication the
remission of penances imposed is not to exceed forty days. We order that the
letters of indulgence, which are granted for various reasons at different
times, are to fix this number of days, since the Roman pontiff himself, who
possesses the plenitude of power, is accustomed to observe this moderation in
such things.
63. On simony
As we have certainly learnt, shameful and wicked
exactions and extortions are levied in many places and by many persons, who are
like the sellers of doves in the temple, for the consecration of bishops, the
blessing of abbots and the ordination of clerics. There is fixed how much is to
be paid for this or that and for yet another thing. Some even strive to defend
this disgrace and wickedness on the grounds of long-established custom, thereby
heaping up for themselves still further damnation. Wishing therefore to abolish
so great an abuse, we altogether reject such a custom which should rather be
termed a corruption. We firmly decree that nobody shall dare to demand or
extort anything under any pretext for the conferring of such things or for
their having been conferred. Otherwise both he who receives and he who gives
such an absolutely condemned payment shall be condemned with Gehazi and Simon.
64. Simony with regards to monks
and nuns
The disease of simony has infected many nuns to
such an extent that they admit scarcely any as sisters without a payment,
wishing to cover this vice with the pretext of poverty. We utterly forbid this
to happen in the future. We decree that whoever commits such wickedness in the
future, both the one admitting and the one admitted, whether she be a subject
or in authority, shall be expelled from her convent without hope of
reinstatement, and be cast into a house of stricter observance to do perpetual
penance. As regards those who were admitted in this way before this synodal
statute, we have decided to provide that they be moved from the convents which
they wrongly entered, and be placed in other houses of the same order. If
perchance they are too numerous to be conveniently placed elsewhere, they may
be admitted afresh to the same convent, by dispensation, after the prioress and
lesser officials have been changed, lest they roam around in the world to the
danger of their souls. We order the same to be observed with regard to monks
and other religious. Indeed, lest such persons be able to excuse themselves on
the grounds of simplicity or ignorance, we order diocesan bishops to have this
decree published throughout their dioceses every year.
65. Simony
and extortion
We have heard that certain bishops, on the death of
rectors of churches, put these churches under an interdict and do not allow
anyone to be instituted to them until they have been paid a certain sum of
money. Moreover, when a knight or a cleric enters a religious house or chooses
to be buried with religious, the bishops raise difficulties and obstacles until
they receive something in the way of a present, even when the person has left
nothing to the religious house. Since we should abstain not only from evil
itself but also from every appearance of evil, as the Apostle says, we
altogether forbid exactions of this kind. Any offender shall restore double the
amount exacted, and this is to be faithfully used for the benefit of the places
harmed by the exactions.
66. Simony
and avarice in clerics
It has frequently been reported to the apostolic
see that certain clerics demand and extort payments for funeral rites for the
dead, the blessing of those marrying, and the like; and if it happens that
their greed is not satisfied, they deceitfully set up false impediments. On the
other hand some lay people, stirred by a ferment of heretical wickedness, strive
to infringe a praiseworthy custom of holy church, introduced by the pious
devotion of the faithful, under the pretext of canonical scruples. We therefore
both forbid wicked exactions to be made in these matters and order pious
customs to be observed, ordaining that the church's sacraments are to be given
freely but also that those who maliciously try to change a praiseworthy custom
are to be restrained, when the truth is known, by the bishop of the place.
67. Jews
and excessive Usury
The more the christian religion is restrained from
usurious practices, so much the more does the perfidy of the Jews grow in these
matters, so that within a short time they are exhausting the resources of
Christians. Wishing therefore to see that Christians are not savagely oppressed
by Jews in this matter, we ordain by this synodal decree that if Jews in
future, on any pretext, extort oppressive and excessive interest
from Christians, then they are to be removed from contact with Christians until
they have made adequate satisfaction for the immoderate burden. Christians too,
if need be, shall be compelled by ecclesiastical censure, without the
possibility of an appeal, to abstain from commerce with them. We enjoin upon
princes not to be hostile to Christians on this account, but rather to be
zealous in restraining Jews from so great oppression. We decree, under the same
penalty, that Jews shall be compelled to make satisfaction to churches for
tithes and offerings due to the churches, which the churches were accustomed to
receive from Christians for houses and other possessions, before they passed by
whatever title to the Jews, so that the churches may thus be preserved from
loss.
68. Jews
appearing in public
A difference of dress distinguishes Jews or
Saracens from Christians in some provinces, but in others a certain confusion
has developed so that they are indistinguishable. Whence it sometimes happens
that by mistake Christians join with Jewish or Saracen women, and Jews or
Saracens with christian women. In order that the offence of such a damnable
mixing may not spread further, under the excuse of a mistake of this kind, we
decree that such persons of either sex, in every christian province and at all
times, are to be distinguished in public from other people by the character of
their dress -- seeing moreover that this was enjoined upon them by Moses
himself, as we read. They shall not appear in public at all on the days of
lamentation and on passion Sunday; because some of them on such days, as we
have heard, do not blush to parade in very ornate dress and are not afraid to
mock Christians who are presenting a memorial of the most sacred passion and
are displaying signs of grief. What we most strictly forbid however, is that
they dare in any way to break out in derision of the Redeemer. We order secular
princes to restrain with condign punishment those who do so presume, lest they
dare to blaspheme in any way him who was crucified for us, since we ought not
to ignore insults against him who blotted out our wrongdoings.
69. Jews
not to hold public offices
It would be too absurd for a blasphemer of Christ
to exercise power over Christians. We therefore renew in this canon, on account
of the boldness of the offenders, what the council of Toledo providently
decreed in this matter : we forbid Jews to be appointed to public offices,
since under cover of them they are very hostile to Christians. If, however,
anyone does commit such an office to them let him, after an admonition, be
curbed by the provincial council, which we order to be held annually, by means
of an appropriate sanction. Any official so appointed shall be denied commerce
with Christians in business and in other matters until he has converted to the
use of poor Christians, in accordance with the directions of the diocesan
bishop, whatever he has obtained from Christians by reason of his office so
acquired, and he shall surrender with shame the office which he irreverently
assumed. We extend the same thing to pagans.
70. Jewish converts may not
retain their old rite
Certain people who have come voluntarily to the
waters of sacred baptism, as we learnt, do not wholly cast off the old person
in order to put on the new more perfectly. For, in keeping remnants of their
former rite, they upset the decorum of the christian religion by such a mixing.
Since it is written, cursed is he who enters the land by two paths, and a
garment that is woven from linen and wool together should not be put on, we
therefore decree that such people shall be wholly prevented by the prelates of
churches from observing their old rite, so that those who freely offered
themselves to the christian religion may be kept to its observance by a
salutary and necessary coercion. For it is a lesser evil not to know the Lord's
way than to go back on it after having known it.
71. Crusade to recover the holy Land
It is our ardent desire to liberate the holy Land from infidel hands. We
therefore declare, with the approval of this sacred council and on the advice
of prudent men who are fully aware of the circumstances of time and place, that
crusaders are to make themselves ready so that all who have arranged to go by
sea shall assemble in the kingdom of Sicily on 1 June after next : some as necessary
and fitting at Brindisi and others at Messina and places neighbouring it on
either side, where we too have arranged to be in person at that time, God
willing, so that with our advice and help the christian army may be in good
order to set out with divine and apostolic blessing. Those who have decided to
go by land should also take care to be ready by the same date. They shall
notify us meanwhile so that we may grant them a suitable legate a latere for
advice and help. Priests and other clerics who will be in the christian army,
both those under authority and prelates, shall diligently devote themselves to
prayer and exhortation, teaching the crusaders by word and example to have the
fear and love of God always before their eyes, so that they say or do nothing
that might offend the divine majesty. If they ever fall into sin, let them
quickly rise up again through true penitence. Let them be humble in heart and
in body, keeping to moderation both in food and in dress, avoiding altogether
dissensions and rivalries, and putting aside entirely any bitterness or envy,
so that thus armed with spiritual and material weapons they may the more
fearlessly fight against the enemies of the faith, relying not on their own
power but rather trusting in the strength of God. We grant to these clerics
that they may receive the fruits of their benefices in full for three years, as
if they were resident in the churches, and if necessary they may leave them in
pledge for the same time.
To prevent this holy proposal being impeded or delayed, we strictly
order all prelates of churches, each in his own locality, diligently to warn
and induce those who have abandoned the cross to resume it, and them and others
who have taken up the cross, and those who may still do so, to carry out their
vows to the Lord. And if necessary they shall compel them to do this without
any backsliding, by sentences of excommunication against their persons and of
interdict on their lands, excepting only those persons who find themselves
faced with an impediment of such a kind that their vow deservedly ought to be
commuted or deferred in accordance with the directives of the apostolic see. In
order that nothing connected with this business of Jesus Christ be omitted, we
will and order patriarchs, archbishops, bishops, abbots and others who have the
care of souls to preach the cross zealously to those entrusted to them. Let
them beseech kings, dukes, princes, margraves, counts, barons and other
magnates, as well as the communities of cities, vills and towns -- in the name
of the Father, Son and holy Spirit, the one, only, true and eternal God -- that
those who do not go in person to the aid of the holy Land should contribute,
according to their means, an appropriate number of fighting men together with
their necessary expenses for three years, for the remission of their sins in
accordance with what has already been explained in general letters and will be
explained below for still greater assurance. We wish to share in this remission
not only those who contribute ships of their own but also those who are zealous
enough to build them for this purpose. To those who refuse, if there happen to
be any who are so ungrateful to our lord God, we firmly declare in the name of
the apostle that they should know that they will have to answer to us for this
on the last day of final judgment before the fearful judge. Let them consider
beforehand, however with what conscience and with what security it was that
they were able to confess before the only-begotten Son of God, Jesus Christ, to
whom the Father gave all things into his hands, if in this business, which is
as it were peculiarly his, they refuse to serve him who was crucified for
sinners, by whose beneficence they are sustained and indeed by whose blood they
have been redeemed.
Lest we appear to be laying on men's shoulders heavy and unbearable
burdens which we are not willing to lighten, like those who say yes but do
nothing behold we, from what we have been able to save over and above
necessities and moderate expenses, grant and give thirty thousand pounds to
this work, besides the shipping which we are giving to the crusaders of Rome
and neighbouring districts. We will assign for this purpose, moreover, three
thousand marks of silver, which we have left over from the alms of certain of
the faithful, the rest having been faithfully distributed for the needs and
benefit of the aforesaid Land by the hands of the abbot patriarch of Jerusalem,
of happy memory, and of the masters of the Temple and of the Hospital. We wish,
however, that other prelates of churches and all clerics may participate and
share both in the merit and in the reward. We therefore decree, with the
general approval of the council, that all clerics, both those under authority
and prelates, shall give a twentieth of their ecclesiastical revenues for three
years to the aid of the holy Land, by means of the persons appointed by the
apostolic see for this purpose; the only exceptions being certain religious who
are rightly to be exempted from this taxation and likewise those persons who
have taken or will take the cross and so will go in person. We and our
brothers, cardinals of the holy Roman church, shall pay a full tenth. Let all
know, moreover, that they are obliged to observe this faithfully under pain of
excommunication, so that those who knowingly deceive in this matter shall incur
the sentence of excommunication. Because it is right that those who persevere
in the service of the heavenly ruler should in all justice enjoy special
privilege, and because the day of departure is somewhat more than a year ahead,
crusaders shall therefore be. exempt from taxes or levies and other burdens. We
take their persons and goods under the protection of St Peter and ourself once
they have taken up the cross. We ordain that they are to be protected by
archbishops, bishops and all prelates of the church, and that protectors of
their own are to be specially appointed for this purpose, so that their goods
are to remain intact and undisturbed until they are known for certain to be
dead or to have returned. If anyone dares to act contrary to this, let him be
curbed by ecclesiastical censure.
If any of those setting out are bound by oath to pay interest, we ordain
that their creditors shall be compelled by the same punishment to release them
from their oath and to desist from exacting the interest; if any of the
creditors does force them to pay the interest, we command that he be forced by
similar punishment to restore it. We order that Jews be compelled by the
secular power to remit interest, and that until they do so all intercourse
shall be denied them by all Christ's faithful under pain of excommunication.
Secular princes shall provide a suitable deferral for those who cannot now pay
their debts to Jews, so that after they have undertaken the journey and until
there is certain knowledge of their death or of their return, they shall not
incur the inconvenience of paying interest. The Jews shall be compelled to add
to the capital, after they have deducted their necessary expenses, the revenues
which they are meanwhile receiving from property held by them on security. For,
such a benefit seems to entail not much loss, inasmuch as it postpones the
repayment but does not cancel the debt. Prelates of churches who are negligent
in showing justice to crusaders and their families should know that they will
be severely punished.
Nenhum comentário:
Postar um comentário