Professional Documents
Culture Documents
Disciplinary Councils
Disciplinary Councils
OF THE
GENERAL COUNCILS
TEXT, TRANSLATION,
AND COMMENTARY
BY
SCHROEDER,
O.P.
HERDER BOOK
CO.
REV. H.
B.
15
&
17
J.
SOUTH BROADWAY,
ST. LOUIS,
MO.
AND
33
W.
C.
NIHIL OBSTAT
Fr.
IMPR1MI POTEST
McDerwott,
O.P.,
Prior Prwcmcialis
NIHIL OBSTAT
Sti.
Ludovici, die
6.
Apr His
7937,
F. /.
Holweck,
Censor Librorum
IMPRIMATUR
Sti.
+ Joannes
J.
GIewiony
Arcbiepiscopus
Copyright 1937
B.
YaQ BaUou
HERDER BOOK
Pre$, Inc.,
CO.
PREFACE
This book was not written for
ing the
first
is
it
specialists.
built
up with the
aid of
printed and unprinted material, giving at the same time the historical back-
ground of
career. Its
its
which are
we
decrees,
purpose
is
to
libraries only,
of readers concerned,
it is
It
councils but also national and provincial councils and diocesan synods
to the sixteenth century,
up
and
discipline,
and
The
present
felt
Needless to say, the task was by no means an easy one, for in some re-
spects
it
onlv
whether of
when
duced
it.
all,
PREFACE
iv
eral councils,
III,
the historian.
yet,
treated
what
conciliar decree
may
be
influential
brief, simple,
and unassuming;
and for-
gotten in
I
The arrangement
of the
work
is
the decree
itself,
of convenience
edited
is
given a
given.
For purposes
is
that
Freiburg
is
the following councils; while that of the Councils of Basle and the Fifth
Lateran
is
The Author
CONTENTS
PACK
Introduction
Thk
First
General Council
...
the
(First
59
...
69
78
The
The
553)
The Quinisext
Council. Emperor Justinian I and the Monophysitcs. Controversy concerning the Three Chapters. Authority of Chalcedon, Pope
Vigilius brought forcibly to Constantinople. He is abandoned by the Western bishops. His flight. The Emperor's tyranny. He repudiates the Pope,
and the council becomes schismatic.
The Typus.
CONTENTS
Vi
!j
it
FACE
exile
\]
and death.
141
jj
;
monasteries.
ii
869-70)
157
;'
123)
.177
II
214
12 15)
.236
and reform. Exposition of the faith. Joachim of Flora and Peter Lombard. Bishops and
preaching. Schools for clerics and poor students. Spiritual duties of physicians. Three forms of election. Judicial jurisdiction. Consanguinity and
affinity. Clandestine marriages. Banns of matrimony. Monks and tithes.
Simony. Jews and tithes. They may not hold, public office.
(First
III
Innocent IV and Frederick II. Their contest for world sovereignty. Innocent as determined as Gregory IX to defend the rights of the Church. His
flight from Rome. Summons council. His five sorrows. The Latin Empire
of Constantinople. The Holy Land. Tatar invasion of Europe. Murder by
hired assassins. Judicial injustice. Directions for imposing excommunication.
2 74)
Gregory X and the liberation of the Holy Land. The Greeks desire reunion
with Rome. Are at the council. Death of St. Bonaventure and of St. Thomas
CONTENTS
Aquinas. Reunion and
its
failure.
vii
some
Reprisals.
365
and Philip
demands the
The Council
Benedict XIII deposed. Reform decrees. The decree Frequens. Decree for
the reform of the Church in capite et curia Romana. Ecclesiastical reform.
Concordats. Tyrannicide.
456
The
opens
Lateran Council. Emperor
Maximilian. Julius is succeeded by Leo X. Method of procedure. Louis XII
of France repudiates Pisan assembly. He is succeeded by Francis I. His
victory at Marignano. Pope and King meet at Bologna. Abolition of the
Pragmatic Sanction. Reform decrees. Xlontes pietatis. Printing of books.
Preaching. Privileges of religious restricted.
The pseudo-council
of Pisa. Julius
II
513
Concilium Constantinopolitanum
.518
Concilium Ephesinum
Concilium Chalcedonense
Concilium Nicaenum
517
Concilium Constantinopolitanum
519
5 24
II
IV
531
CONTENTS
via
FAGE
Concilium Lateranense
542
Concilium Lateranense
II.
545
550
560
Concilium Lateranense
III
Concilium Lateranense IV
Concilium Lugdunense
Concilium Lugdunense
II
Concilium Yiennense
1
/inrMinim
^AJlli-lilUlll
*incl"'*in1"ifTic#
lMililLlCllaC
Concilium Basileense
585
595
607
622
Concilium Lateranense
Index
V_>1 )I
625
630
651
INTRODUCTION
i
measures or
rules,
it
in the
ccnturv such enactments were called canons, a term which from an ecclesiastical
Among
by
rod or
line,
or more correctly, a
was variously
making
straight
applied, largely
norm,
ity,
two
criterion.
straight rods
Thus
in
Homer
word
761) the
curtain rod
was
called
From
in
weaving.
is
Kav<!>v,
the
fix-
(ibid., xxiii,
another place
shield;
and
in
literal
also the
what served to regulate, fix, deterwhat might be called the setting or fixing of a standard or model,
and thus it had its counterpart in the Latin regula and norma. In this sense
the general rules or principles of grammar and rhetoric were called xavovee;
so also were the chief epochs of history by means of which intermediate
dates were determined. The grammarians of Alexandria characterized as
Kaviov the collection of classic Greek authors, whose works had been acknowledged as standards, that is, types and models of excellence. Similarly,
in the sphere of sculpture, certain works, regarded as the acme of human
achievement, for example, the Aopv<opos (spearman) of Polycletus, were
mine, or
music, the
vals
is,
rules or
on which
finish.
all
In
inter-
were constructed.
successors, the
Christianity.
During the
earliest
it
designated simply
known with
certainty
norm by which
corpusculum
veritatis. It
had
its
its
it
could be
^fxanov
it
rf/<?
dA^euw,
fidei.
Dur-
form of
word is seldom used bv the early Christian writers. In the New Testament it is used four times in the Epistles of St. Paul, who was the first to
the
adopt
it.
He
used
it
lowing
life.
Fol-
The
navw
ttJs 7TU7rco><;)
to
6
.
Kavw
tt}s dA^flci'as),
to "the
Poly crates
in his letter to
Pope Victor
10
term to the Nicene Creed. 11 These usages of the term have reference to a
definite and fixed formula of Christian belief, a creed that embodied the
fundamental
articles of the
in tenebris. 12
both elements
in
the single obligation to observe the general rule of faith, and hence there
was
little
ciplinary. Gradually,
dis-
but nowhere, either in the East or West, was there uniformity with regard
^ertullian, De praescr., 13; Adv. Prax^ 2; De virg. vel^
See II Cor. 10:13-16.
8
Gal. 6: 16.
4 Clem. Rom., Epist. ad Corinth., chaps.
1, 7.
5 Ibid. chap.
41.
y
6 Diet, d'archeol. chret. et de littirgie,
II, 191 1.
1.
Adv. Haer n
I, ix, 4.
9 Hist,
10 Epist.
11
CCIV,
Hist. eccLj
II,
6.
xxvii.
Clement of Alexandria calls the harmony and concord of the law and the prophets
with the covenant given to men at the coming of the Lord, an "ecclesiastical canon."
Strom^ VI, 15; VII, 17.
12
INTRODUCTION
to the
which could apply equally as well, as it actually did, to a decision of dogmatic content. Another expression used was "ecclesiastical canon" (^avwv
cVkAtpicuttikos-)
The
First
to as
many
in
four of
its
canons
</a/<po?
iKKfo](na<TTiKov
calls
it
ordinance, precept)
and
discipline.
by
However,
as disciplinary ordi-
it
Council of Nicaea,
"canon" to
more
still
as
definite
it.
it
of the
less
nothing
all
conduct or action. The council did not apply the term "canon"
own enactments. The first council to do that was Antioch (341);
Christian
to
its
sometimes
From
sive,
were
and
OtafioL
the Nicene Council to that of the Second Lateran (11 39) inclusignified almost universally a disciplinary decree, whether
"canon"
issued
by
a council or
by the Roman
commonly
pontiffs,
though
says: Ecclesiastica
con-
stitutio
given to the careful distinction of terms, and this council together with
the following ones,
of the
its
With
its dis-
decreta de fide
13
Canons
14
Dist. 111.
1,
where they
its
dogmatic definitions
then
dis-
when
it
Thus Trent,
for the
first
ary enactments, and canon solely and exclusively to those that refer to
set
to dogmatic declarations,
this
to the
meaning
it
is
a nearer
when
it
approach
signified the
rule of faith.
official list
or
staff
of clerics
attached to a church. 15
is
to be celebrated."
16
The same
of the writings
com-
The
ordinances of
and
St.
its
St.
list
that this
it is
St. Basil
very probable
at a later date. 17
n
The
life
by
ecclesiastical authority
and designed to guide and direct the outward actions of the faithful in the
matters of conduct and ecclesiastical administration. Hence their purpose
is
political,
may
and
and to the
They
jurist
light
originated.
They
They
many
which they
situation.
tell in
clear
13
Nicaea, canons
rolled lv r V
16
De
17
For other
II,
canons
eccL,
I,
2, 6.
17.
12.
s.
v.
cf.
Du
Cange,
INTRODUCTION
have after a period of sixteen centuries grown entirely obsolete; for most
of
them
germ of
renewed wholly or
will
continue
What
in part
immortality'.
With some
exceptions in
all
by
many
is
of which were
still
and
in force,
so.
is
a legally
Leges constituuntur
whom
it
is
till
binding until
it
has
cum promulgantur St. Thomas includes proThe lawgiver must make known his
The
community before
its
head.
They
its
which has
its
own
discipline.
There
is
the conduct and duties of the clergy; religious discipline for those
live in
who
individually; there
iC.3, D. IV.
19 See la Hae,
q.90,
is
a. 4.
The
by
a general council
is,
binding on
sal,
all
the
all
itself,
univer-
members of
particular class.
many
it
may
be asked, what
is
by general counno longer possess that obligation? In the matter of decisions referring to
faith, there can of course be no question, for these springing from the
cils
and
bility
may
all
the faithful at
distinguish
ment and
infallibility, are
binding on
two
all
classes of disciplinary
To
we
the
first class
belong those by or
through which the Church points out to the faithful and confirms the
natural or divine law, and also those disciplinary measures that are intimately connected with the natural or divine law. Over laws of this class,
is
has
superior to
servance
To
is
also
binding on
all at all
times. 20
way
is,
made by
in
founded on
it,
they
of
it,
and
today
2
Thomassin, Vetus
31 Ibid., n.15.
essentials of
as in the primitive
et
nova
INTRODUCTION
undergone
profound change;
otherwise, the
in the
matter of
fasts,
whether Lenten or
meet
this obligation to
the conveniences and best interests of her subjects; since the twelfth cen-
communion
divine service
exists;
may
may be
mentioned above,
classes
in
called secondary in
is
classifi-
it is
justi-
fied as
an illustration,
speaks in the
name of
it
In the matter of conciliar canons and decrees, then, or for that matter
anv
we
is
dependent
not only on circumstances of persons, places, and times, but also on considerations of expediency or temporal necessity. In this respect the
must be,
the ever
changing conditions of
Church
The
life
this
nature
governed by the forces that created and produced them, and any change
change
in
all
is
the
members of
binding
till
a particular class
we
cannot speak of
is
and positive
that
is,
infallibility.
that the
discernment
is
all
required, the
disciplinary matters
Church
where
practical spiritual
THE
FIRST
GENERAL COUNCIL
(325)
Church
Libyan by descent,
received his theological training in the school of Antioch, at the head of
which was Lucian the Martyr, whose Christological system, a compromise
between adoptionism and subordinationism, he later transplanted to Egypt.
The teaching of Arius was but the logical outcome of the principles of the
school, and it is doubtful whether in the early stages of the controversy
the Lucianists, or the majority of them and their supporters, were prepared to follow him all the way to such extremes. At any rate, his principles were their principles, and when he was attacked they came to his
aid on the ground, no doubt, that the doctrinal foundation of the school
divinity of Christ. Arius, a
was at stake. He was a fellow-student of the two Eusebiuses, one, afterwards bishop of Nicomedia, the other, the future historian and bishop of
Caesarea in Palestine, both of
whom
troversy.
On
tion
(3)
is
world.
He
is
intermediary between
God
is
He
He
is
the
He
may be described as an effort of Eastern philosophic thought to rationor strip of mystery the relation of the \6yos to God, or or the Son to the Father.
At bottom it was the old Christoloeical problem: if there be but one true God, how
can a true divinity be predicated of Jesus Christ? How confess one only God, if the
1
Arianism
alize
\670s, the
Word,
is
also
is
Christian truths
Nicenc writers. From it sprang also the subordinationist theology of Antioch; and
Arianism was born in Antioch, not in Alexandria. Whatever had been the successive
and diverse concepts given to the term "Logos" in its meandering career from Hcraclitus to Philo and the Neo-Platonists, beneath them all is recognizable the fundamental
doctrine, that the Logos is an intermediary between God and the world; through it
God created and governs the world, and through it also men know God and pray to
Him. That was the Logos of Arianism and of other heretical isms that contended for
the mastery during the third and fourth centuries of the Christian era.
How does this compare with the Logos of Scripture and tradition? St. Paul does not
use the term, though his Epistle to the Hebrews may properly be called a complete
treatise on the theology of the Logos. The term is used only by St. John, who consecrated it to Christian usage by emptying it of its Hellenic contents and filling it
with a new meaning, namely, that this creative Word, which from all eternity was in
God and was God, was made flesh and dwelt among men. To St. John the Logos is a
living, pulsating, and concrete personality, Jesus, the Son of God; not the abstract,
impersonal power of pagan philosophy. The Logos of Philo is an intermediary between God and the world, between the divine nature and human nature. The Logos
of St. John is a Mediator, who unites in His Person the two natures, the divine and
the human.
In the light of our present systems of philosophy and theology, it is possible for
us to realize in a great measure the handicaps that confronted Christian writers during
the early centuries of the Church. There was then no rational synthesis of the faith,
no system of Christian theology as we have it today and have had it for centuries.
There was no firm and precise theological language. To cut and fit, as it were, Chris-
10
synod
were,
if less
were not
inclined to stand
by and
same
as his,
and they
without putting up
made
his
way
cause and
was
man
first
whom
to Caesarea in Palestine,
He
followers, especially
subordinationist views.
Eastern bishops, by misinterpreting Origen and attributing to him the doctrine of the subordination of the divine Persons,
their
orthodoxy."
For the ante-Nicene doctrine concerning the Logos, cf. Tixcront, History of Dogmas (1930), Vol. I; Otten, Manual of the History of Dogmas (1917), Vol. 1; HcfcleLeclercq, Histoire des Conciles (1907), I, 335-49, where an excellent bibliography is
given.
*Epist.
CCXLIV,
9.
him to address
by inform-
ing
confusion
now
sole ruler
of the Empire, set about to restore ecclesiastical and civil peace in the East
as
by
his
Having
failed
decided, in
all
Cordova in
on the ad-
some other
The
first
I,
6.
is,
all
was done
were con-
in
Who
12
his
West, to
settle
the quarrel
the Empire to
and hasten the assembling of the council, he placed at their disposal the
public conveyances and posts of the Empire. Whether he sent invitations
also to bishops outside the Empire is not known with any degree of certainty; we do know, however, that some few such bishops were present.
The number
of bishops
who
attended
is
speaks in different places of about 300, but in his Epistola ad Afros he sets
definitely at 3 18. 7 This is the number given also by Theodoret, 8
and the Council of Chalcedon (45 1). 10 With it the other early
historians practically agree, and it is the number now almost universally
accepted. 11 By far the majority of these were Greeks. The West, so far
as our knowledge goes, was represented by Hosius of Cordova, 12 Cecilius
of Carthage, Marcus of Calabria, Nicasius of Dijon, 13 Domnus of Stridon
(in Pannonia), and the Roman priests Vitus and Vincentius, who represented Pope Sylvester. Outstanding figures were the bishops of the aposto-
the
number
Gelasius
the Pope gave his approval by sending his legates. The position these held at the council indicates clearly that they were recognized by the bishops as the representatives
ot the supreme head of the fchurch. It is true, the Sixth General Council (Third of
Constantinople, 680) in its eighteenth session (Mansi, XI, 661; Hardouin, III, 1417)
declared that the Niccnc Council was convoked conjointly by Constantine and Pope
Sylvester. But this testimony comes too late to be trustworthy; and if that declaration,
made, as it was, in open session, did not provoke dissent or the slightest suggestion of
controversy, it was because the bishops were ignorant of the facts and simply took for
granted that the speaker knew what he was talking about. That same council also
eclared that the Second General Council (381) was summoned by St. Gregory of
at the time),
it
was con-
well to bear in mind that the chief purpose of the council was to settle the
quarrel between Alexander and Arius, that is, to investigate and determine whether
Arius had been justly condemned and deposed by his bishop, and not to pass judgment
5 It is
traditional doctrine concerning the relation of the Son to the Father. That
question was not open to debate.
6 Hwf. Arian. ad monach. c.66; Apol. contra Arianos c.23 and
25; De sytiodis
y
y
Arbnini, c.43.
*C.2.
on the
*SeeI, 7.
Mansi, II,
818.
be understood
it
must, of course,
as only approximate.
12
Alexander of Alexandria,
14
13
whose zeal in combating Arianhim to the opposite extreme of modified Sabellianism; Aristakes, 17
who came from Cappadocia as proxy for his father, the famous Gregory
the Illuminator apostle of Armenia, and the two Eusebiuses, bishops of
Nicomedia and Caesarea, both suspects. Celebrated for their virtues and
power of miracles were Leontius of Caesarea in Cappadocia, 18 James of
ism led
19
Nisibis,
of Cyprus.
last
of Heraclca in
in Cilicia,
be
made
posing figures in
of the
Church,"
all
as St.
Gregory of Nazianzus
t?)s cKKArjo-tas,
called him,
"the pillar
the council.
the Arians. It
14
1925), p. 143:
On
all ages,
his way to the council, Leontius baptized the father of St. Gregory of NazianGreg. Nazian., Oratio XVIII, c.12.
19 Petecrs, "Le legende de saint Jacques de Nisibe," in Analecta Bollandiana,
XXXVIII (1920), 285-373; Diet, de theol. cath n VIII, 292-95.
20 Oratio contra )udaeos, III,
3.
18
zus.
we mav
assume with
May
The
it
a fair
degree of
was opened
as
in-
honor-
20.
was
interval
2
retaries for the use of their bishops.-
completely
were held
silent
The
daily, that
we
summoned
23
that the majority rejected his teaching.
To
check further divisions among the bishops resulting from the teachit was not enough merely to
condemn and
Hosius and the two papal legates are generally considered to have presided over
the council, the latter under the leadership of the former. That several presided is indicated by Eusebius when he says that after the Emperor, who opened the council
with a discourse, had concluded, he handed the word over to the presidents (vpoidpois)
21
of the council (Vita Const., Ill, 13). The opponents of Hosius declared him to be the
Ni/cata irforw
man upon whom the chief work of the council devolved, ovtos tcai tt\v
i&Bero^ "at Nicaea he gave an exposition of the faith" (Athan., Hist. Arian. ad
monach,, c.42). Athanasius himself says of him: Tolas yap ov KafrqyriaaTo ffvv65ov-y "Over
what council did he not preside?" {ApoL de fuga sua, c.5). Theodoret asks the same
question in the same words: 'aj yap oi> iiyrjaaro avvotov^ (H, 15). Socrates in his list
of the most important members of the council gives the following order: Hosius
bishop of Cordova, Vitus and Vincentius, Roman priests, Alexander bishop of the
Egyptians, Eustathius bishop of Antioch, Macarius bishop of Jerusalem (1, 13). Here
Hosius holds the first place, followed by the two papal legates. In what capacity he
presided, whether in the name of the Pope or as an appointee of the Emperor, is uncertain. Yet it seems hardly probable that the Pope would send to the council as his
representatives only two priests, when he had at hand a man like Hosius, who was a
theologian and by experience well fitted to preside over the assembly.
22 Wikcnhauser, Zur Frage nach d. Existcnz v. mzanischen Synodalprotokollen in
}
Dolger, Konstantiv d. Grosse u. seine 2.eit (Freiburg i. Br., 191 3), 122-42; Loschcke,
Das Syntagma d. Gelasius Cyzicenus, Bonn, 1906.
2s
See
I, 2.
15
was needed a
definite
and
inflexible
it.
Father, a creed or
There
all
time
symbol that
became evident
to the
would
it
find
It
its
adoption
as a test
considered
by
doubt.
It is
members
of the council, did not regard the term without suspicion. Its past associations
term.
by the Sabellians to uphold the identity of the Father and Son, and had
been rejected sixty years earlier by the Fathers in a synod of Antioch as
savoring too much of materialistic conceptions of the Godhead. 29 At any
rate, an attempt to ward off its adoption was made by Eusebius of Caesarea,
a strong Arian sympathizer, when he submitted to the council what was
probably the baptismal creed of his church, in the hope that it might be
accepted as a sound and adequate expression of the Church's teaching on
7
the point at issue.- From the viewpoint of Scripture and tradition this
creed was unassailable. It was orthodox so far as it went, but it did not go
far enough. Had the existing questions never been agitated, it would have
24
25
Theodoret, I, 7.
From an ecclesiastical viewpoint the term had no authoritative tradition. The
Synod of Antioch (264 or 272) rejected it as inconsistent with orthodoxy; yet the
council imposed it on all the faithful to the end of time as the best safeguard, as in
fact it is, of orthodox teaching. It is doubtful whether St. Athanasius was in favor of
its orthodox revival, but once adopted he became its foremost champion.
26
27
together with L'uschius' own account of the proceedings at the coungiven by Socrates (I, 8) and Theodoret (I, 12).
The Creed,
cil, is
i6
answered
satisfactorily the
purposes of a
test. It
every term of honor and dignity except the sameness and oneness of substance. To supply this deficiency, Constantine proposed, most likely at the
suggestion of Hosius,
who must
against
ers of the
all
possible vagueness
The
or-
was
it
mind of the
council.
Hence, there
the creed the council added an anathema against all who should presume to maintain or teach the contrary. The doctrinal synthesis thus formulated is known as the Nicene Creed or Symbol, and is as follows:
To
We
visible,
God, the Father Almighty, xMaker of all things visible and inone Lord Jesus Christ, the Son of God, the only-begotten of the
believe in one
and
Father, that
in
is,
made (ywrjehra,
God
of
God,
ov TrotTj^eVra),
of the same substance with the Father (dfioovatop ru irarpl) through whom all things
were made both in heaven and on earth; who for us men and for our salvation descended, became incarnate, and was made man, suffered and rose again the third
day, ascended into heaven and will come to judge the living and the dead. And
,
in
created or
is
Church anathematizes. 28
on the
That
at the
there
extrinsic reasons indicated above. All the bishops except five sub-
Among
these five
as a result
known
The
Ptolemais.
all
signed
They were
council dealt also with the controversy regarding the time of cele-
brating Easter
30
its
synodal
letter
bishops." Finally,
ber
is
now
universally accepted.
fragments have
29
Our
it
come
Of
chief sources for the history of the council are the narratives of the early
Eusebius (Vita Constantini), Socrates, Sozomen, Theodoret,
ecclesiastical historians,
St.
Athanasius
De
and
Monumenta
Juris Antiquissmta,
canonum
et concili-
I,
Parts
good bibliography.
50 Schmid, Die Osterfestfrage auf d. ersten
Controversy," in Catholic Encyclopedia.
31
Socrates,
I,
9.
allg.
Konzil
v.
i8
the canons.
Whether
The
is
by
Roman
must be considered
as a
CANON
Summary. Admission
not known.
to holy orders
is
denied to those
who
voluntarily mutilate
themselves.
Text. If anyone has been mutilated (castrated) by surgeons during an illness or by barbarians, he is to remain in the clerical state
if, however, anyone in good health has mutilated himself, he is to be
deposed after the matter has been duly investigated by the clergy,
and in the future such a one is not to be promoted. As it is clear
that the foregoing applies only to those who do such acts intentionally and venture to mutilate themselves, it follows that those who
have been mutilated by barbarians or by their master, may, in accordance with the canon, be received into the clerical state, if otherwise they have been found worthy.
who
canons 21-23
maintain that
(alias
it is
20-22). Bevcridge,
More
Van
by the expression
"in accord-
late F.
X. Funk, undeniably
or ordinance which
is
The
is to a canon
which has not come down
allusion, therefore,
The
when
to us. Occasion for such an ordinance existed long before the council.
case of Origen
is
well
known.
He was
still
young man,
his bishop, in
a layman,
consequence of that
act declared
in Zeitschr.
33
f.
kath. Theologie,
crsten allg.
u. d.
Synoden
in Kircbengcscbichtl.
okumcnischen Synoden
d.
Altertums,"
(1886), 67-106.
(American
34
II,
edition,
New
8.
19
'
sius, Lcontius,
woman named Eustolia, and this circumHe was forbidden by his bishop,
cohabitation. To evade the prohibition and
with a
continue to
live
some
must be conquered at all hazards, imprudently followed the example of Origen and mutilated themselves, or had themselves mutilated in order to teach the Scriptures to
women w ithout having the charge of impurity made against them.
The canon has reference only to the clergy and docs not provide any
penalty for the laity
who
mutilate themselves.
However, the
and the further fact that St. Jerome, St. John Chrysostom and
combated it as a means of preserving chastity, seems to indicate that
the evil was widespread. Apostolic canon 24 (23) ordains that a layman
who mutilates himself is excommunicated for a period of three years.
Exempt from the prohibitive scope of the canon are those cases in which
mutilation was performed for reasons dictated by illness, or when inflicted
by barbarians and slaveholders. A victim of the latter was Tigris, a priest
37
Exempt also were those who had suffered mutilation
of Constantinople.
during the persecution, or as infants, or who were eunuchs by birth, as
was Dorothcus, a priest of Antioch. 88 According to Eusebius, Emperor
the practice,
others
women
some of those who disregarded his prohibition he punished with mutilation. This was probably the punishment meted
out to Paul of Neocacsarca in Syria, who, as already stated, suffered paraly40
This canon was often
sis of both hands by the application of red hot irons.
renewed by subsequent synods, among them that of Axles (ca. 45 2). 41
and
35
36
37
88
39
40
41
it is
not at
all
unlikely that
Apologia /, 29.
Apologia de fugay c.26; Socrates,
Sozonicn, VIII,
Eusebius, Hist,
De
II,
26;
Theodoret,
II, 24.
24.
eccl.,
VII, 32.
references to the
Corpus
them explained
in
the Catholic
En-
20
CANON
many
of necessity, the council asserts that this disregard was brought about
by
in-
is,
undone
On the
other hand,
by
it is
own
left
nothing
today
in the
altar;
gins."
43
best
Again he
men
says: "Bishops
who
are
fill
now
a consecrator of vir-
fill
I Tim. 3:6.
Epist. LX1X, p, ad Oceanian.
See
title.
The
work
is
bow
promote to the
21
who
all,
they
flattery."
44
The
We
history.
St.
Ambrose,
is
a matter of
who was
conse-
crated bishop of Milan eight days after his baptism. This part of the
(ca.
The
a
few commentators
(ca. 343)
canon
n afidprrjfia)
what
is
precisely
canon
and Laodicca
rather obscure.
Not
translate this
is
10,
it still
leaves us in the
had in mind an external and capital sin is indicated by the text and by the
5
severity of the punishment attached to its commission. Catalani* avers
most probable is the opinion of those qui docent per ammale peccatum
completcmi per actum externum luxuriant post baptismum susceptum. This interpretation appears rather narrow, though it agrees with
that
intelligi
canon 30 of the Synod of Elvira {ca. 305) and with the decisions of other
synods which forbade not only the ordination of fornicarii but also the
retention in the clerical state of those
guilty of sins contra sextum.
who
after ordination
were found
council
the expiation of
sins.
The
expression,
specifically to the
eral
if
may
all clerics,
CANON
Summary.
whom
cleric
may
suspicion cannot
woman
fall.
Text This great council absolutely forbids a bishop, priest, deaany other cleric to have living with him a woman (oW<mKTos)
other than his mother, sister, or aunt, or any such person on whom
con, or
lib. I, 34.
(Romae, 1736),
66.
22
Comment. As
it is
first
canon of
by
his
miscon-
this series, so it
is
not improbable that he was to some extent responsible also for the present
The purpose of the canon was to put an end to a moral disorder that
had developed among the clergy. Since the first century there had been
one.
These Christian
virgins
living propitiatory sacrifice for the family. Audistis, parcntes, says St.
erudirc virtutibus, quibus instituere disciplinis f'tlias debeatis; ut habere possitis quorum
meritis vestra dclicta redimantur. Virgo Dei domim est, ?minus parentis, saccrdotium
castitatis. Virgo matris hostia est, cujus quotidiano sacrificio vis divina placatur {De
virg., lib.
I,
vow
of virginity their
life
was compared
to that of
quae 11011 mtbent neque nubentur, erunt sicut angeli in coelo (Matt.
22:30). Nemo ergo miretur si angelis comparentur, quae angelorimi Domino copulantur
{ibid., c.3). They were under the special care and protection of the Church. A synod
of Hippo (393) ordained that virgins consecrated to God, when they are separated
from their parents or have no parents to protect them, be commended by the bishop,
or in his absence by the priest, to reputable and responsible persons, lest they become
vagrants and injure the reputation of the Church {Capital, regum Franc, ed. Baluzius,
Parisiis, 1677, I, 227). Toward the end of the second or at the beginning of the third
century, they formed a special class in the Church, had a special place in the church
at divine service, and received holy communion before the laity. At the beginning
of the fourth century, many, if not most of them, lived in community houses {irap0evves). Tertullian distinguishes between public and private profession, the former
made in the assembly of the faithful, the latter known only to God.
the angels,
23
licentious
at times,
the
to chastity,
them
in charity,
who would
respect
in this
ith virgins
rich, or maintain
if
monk
and
or a layman also
adviser.
No
as sisters
to
relationship.
virgins
men
a sort
of
spiritual
itual
vowed
important
a class of Christian
for
less
vowed
Thus
the
men
in a
kind of spir-
Synod of Ancyra
men
known
as adopti-
ve.
known
it
also as
of a later origin.
upon them
bed,
call
us suspicious
if
we
find spiritual
aim
is
encouragement
in those
who
The council
in the present
had been a
49
canon concerns
women who
itself
with
characterization of the
It
lived with
7
A synod of Carthage {ca. 349) in canons 3 and 4 forbade clerics and virgins, also
widows and widowers, to live together with men and women sub praetextu caritatis
Mansi, III, 154.
dilectionis.
et
* h Labriollc, "Le manage spirituel dans l'antiquite chretienne" in Revue historique,
CXXXVII ([921), 204-25; Leclcrcq, Diet. <T archeol. cbreu et de liturgie, X, 1881 ff.
49 Epist., XXII,
24, ad Eustocbiwn.
24
people and accepted by the learned. About sixty years earlier a synod of
Antioch had deposed Paul of Samosata, the bishop of that city, for heresy
and for the scandal he was giving by keeping in his house several young
women, an example that was followed by his clergy, some of whom had
been betrayed into sin and others had incurred suspicion.' 0 The Antiochenes nicknamed these women syneisactoi (crvi/ttW), that is, "brought
in with," a term coined bv them. Its literal Latin translation is subintroductae, used for the
first
time, so far as
we know, by
Atticus, patriarch
While in its
Greek sobriquet applied only to women living with clerics, it
was not long before its application was extended to such women who lived
with laymen, whether vowed to chastity or not. Statements to the effect
of Constantinople, in his translation of the Nicene decrees."
origin the
its
60
Eusebius, Hist, eccl., VII, 30; Bardy, Paul de Samosate (Louvain, 1923), pp. 187-88.
Quadt, "Subintroducta mulier," in Zeitschr. f. kath. Theol., XXXIV (1910), 227-33.
Migne, PG, XL VII, 495-532. Gregory of Nazianzus, Epigr., 10-20; Epiphanius,
Haereses, LXIII, 2; Gregory of Nyssa, De virg'mitate, 23.
Epist. IV, ed. Hartel. Achelis, Virgines subintroductae. Ein Beitrag zu I Cor., vii
(Leipzig, 1902), 7 ff. It is rather strange how Dr. Achelis has worked himself into the
conviction that the institution here considered existed already in Apostolic times and
was distinctly referred to or rather approved by St. Paul in I Cor. 7:36-38.
61
68
homes only
and
this
25
on two conditions,
(a) that they are virgins and (b) that they arc vowed to chastity. 54 The
Third Synod of Carthage ( 397) in canon 7 excluded from the cleric's home
all feminae extraneae and allowed him to have onlv his mother, grandmother, aunt, and niece. 55 The Synod of Aries (452) forbade under penalty of excommunication any cleric from the deacon upward to have with
him any woman other than his grandmother, mother, daughter, niece, or,
in case he was married, his wife, provided she had taken the vow of chas56
tity;
while that of Agde (506) in canon 10 allowed him his mother,
57
sister, daughter, or niece.
The Spanish Synod of Gcrona (517) in canon
7 ordained that when an unmarried person is raised to the priesthood, he
may have with him only his mother or sister; should he have neither, then
he must be content w ith a male servant or friend. The Second Synod of
Toledo (531) in canon 3 was more severe. It forbade all clerics from the
subdeacon upward to live with a woman, whether frecborn, emancipated,
or a slave. Only his mother, sister, or other near relative was allowed him.
Had he no relatives, then the female servant must live in another house
and under no circumstances enter his private rooms. Anyone acting in
contravention of this decision was not only suspended and denied entrance
into the church, but he was absolutely forbidden to have intercourse of
any kind, including that of speech, with Catholics, even with the laity. 58
The Synod of Tours (567) in canon 10 decreed that no bishop, priest,
deacon, or subdeacon may have in his house any woman other than his
r
""*
to this
Cappadocia, to discharge
insisted
his servant, a
on
its
and excommunication. 62
64 In
the early Church it frequently happened that married men were admitted to
the priesthood. This explains the statement found in many synodal decrees that clerics
may have in their homes their own daughters. Marriage after ordination to the priesthood was definitely forbidden (Neocaesarea, canon 1; Apost. canon 26; Apost. Const.,
VI, 17). Among the lower orders of the clergy it was admitted. Deacons were permitted at the reception of the diaconate to state their intention to marry, without
incurring any disqualification. If they remained silent and did not so express their intention, and married after the reception of that order, they were disqualified (Ancyra,
canon
M C.
10).
27,
D.
LXXXI.
"Mansi, VII,
879.
07
"Idem,
60
l
VIII, 785.
42 St.
Basil, Epist.
LV.
26
The
ful,
fathers of the council did not consider the practice in itself as sin-
but condemned
it
because of
its
tendency to
sin
whom
a suspicion cannot he
lodged.
canon 4
Swnmary. Bishops
cessity
by
three.
are to be chosen by
Conmient. In the division of its vast territory into provinces, the Church
found it convenient, as a rule, to follow the civil boundaries. This policy
was inaugurated by the Apostles, who generally preached the Gospel first
in the chief city or capital of a province and then regarded all the faithful
of that province as a unit in a religious or ecclesiastical sense, just as its inhabitants were regarded by the state as a unit in a civil sense. St. Paul, for
instance, wrote "to the Church of God that is at Corinth, with all the
Achaia." 63 Here the Apostle considers all the faithful
province of Achaia as a unit and places at the head of all the
Churches in Achaia the Church of the metropolitan city of Corinth. Under these circumstances the bishops of a province came to consider themsaints that are in all
of the
selves
civil
measure of
as a separate
autonomy vested
who
all
27
owed their origin. This civil importance of the metropolitan city was
emphasized in canon 9 of the Synod of Antioch (341 ), which says: ''The
bishops of every province should know that the bishop of the metropolis
has also the supervision of the entire province, because the metropolis
the
all
is
ince."
of
bishop of the province can elect another; (b) for this at least three arc re-
may
those absent,
4 In
Apostolic times bishops were chosen by the Apostles themselves. In the period
immediately following, this duty devolved upon men like Titus and Timothy, the immediate successors of the Apostles, hue their choice was subject in a way to the approval
of the people, who had to bear witness ro the worthiness of the candidate. After the
death of these men the practice necessarily underwent a change. The neighboring
bishops of the province came together in the city in which the see was vacant. T he new
bishop was elected plcbe prescnte, because the people, that is, the clergy and laity,
singulorum vitarn plenissime novit and have looked into the doings of each one as respects his habitual conduct (Cyprian, Epist., EX VII, 5, cd. Hartcl). The people had
the right of nominating the candidate; to the bishops belonged the right of decision.
St. Cyprian calls this "the practice delivered from divine tradition and Apostolic observance, which is also maintained among us, and almost throughout all the provinces."
Our canon makes no mention of the popular element in episcopal elections. However,
that would not justify the conclusion that the council wished to eliminate if. In practice
the canon was variously interpreted by the Eastern and Western Churches. The Greeks,
after their bitter experience with the interference of secular influences in such elections, were not inclined to see in that canon a continuation of the old practice of popular
Participation, but wished to place such elections entirely in the hands of the bishops.
The Second Council of Nicaca (787) in canon 3 interpreted the canon in the sense that
a bishop is to be elected by the bishops only, and threatened with deposition anyone
who obtained a bishopric with the aid of secular influence. In the same sense it was
interpreted by the Fourth Council of Constantinople (869) in canon 21.
In the Latin Church the clcrgv and laity continued to participate in episcopal elections till the twelfth century, though for some time such participation had been only a
nominal one. The Second Eatcran Council (11.59) excluded not only them but the
bishops also and placed such elections entirely in the hands of the cathedral chapter,
^hich legislation was sanctioned by the Decretals. Funk, "Die Bischofswahlcn im christl.
Altertum u. im Anfang des M-A.," in Kircbcngcscbicbl. Abbandl. I (Paderborn, 1897),
J 3~39;
Hefele, "Die Bischofswahlcn in d. crstcn christl. Jahrh.," in Beitnige zur Kircb^gescbicbte I (Tubingen, 1864), 140-44; Hassett, "Primitive Episcopal Elections," in
^ttbolic University Bulletin, HI (1897), 404-20, IV (1898;, 337~5; Series, "Episcopal
Ejections. Former Practices; /Modern Discipline," in Am. Catb. Quarterly Review,
(1896), 81-105; Irnbart de la Tour, Les elections episcopates dans Vancienne France,
paris,
1890.
28
brought about the Meletian Schism. At the time of the council the Melecounted in Egypt about twenty-nine bishops.
The rule requiring the presence of at least three bishops, with the written consent of those absent, applies both to the election and consecration
of a bishop. While it made impromptu and clandestine elections and consecrations more difficult, the abuse, nevertheless, continued to some extent,
tians
as
65
place immediately after the election.
The provision of the canon that for consecration at least three bishops
are required, had a precedent in canon 20 of the Synod of Aries (314);
renewed by the synods of Laodicea (343and Antioch (341) in canon 19, the Fourth Synod of
Toledo (633) in canon 19, and the Second General Council of Nicaea (787)
in canon 3.
otherwise
it
was
381) in canon
substantially
12,
CANON
Van
ence to
this
tit., I,
72.
In refer-
29
Comment. This canon deals with two distinct questions: (a) the state
of the excommunicated and (b) the holding of two provincial synods every year. As to the first, the council decreed that no excommunicated person, whether lay or cleric, who has been censured by one bishop, shall be
reinstated by another; the censure is to remain in force till it is withdrawn
by the synod or, of course, by the one who imposed it. The decree is based
on the principle of a united episcopate. The principle had been already
ante-Niccne ecclesiastical legislation, for not only docs
our canon make reference to an earlier ordinance, but wc have the example
of Pope Cornelius (251-53), who refused to reinstate at Rome the heretic
Felicissimus who had been excommunicated by St. Cyprian and a synod
of African bishops." 8 The Synod of Klvira in canon 53 threatened with
deposition any bishop who should reinstate a person excommunicated by
fully established in
No
less
canon 6
Summary. The prerogatives of the Churches of Alexandria and Antioch, and those
m other eparchies are to be preserved. If anyone has been made a bishop without the
approval of the metropolitan, he shall not exercise the office. In the election of a
bishop the votes of the majority shall prevail.
Text. Let the ancient custom that obtains in Egypt, Libya, and
Pcntapolis, namely, that the bishop of Alexandria has the supervision of all these (provinces), be strictly adhered to, since this is
also the custom of the bishop of Rome. In like manner, in respect to
Antioch and the other provinces, let each Church retain its prerogatives. It is unmistakably clear that if anyone has been made bishop
without the approval of the metropolitan, this great council does not
of Antioch, canon
6,
synods
30
permit him to exercise the office of bishop. If, however, the election,
which was participated in by all with discernment and in accordance
with the rules of the Church, is by reason of a contentious spirit
opposed by two or three, the votes of the majority shall prevail.
Comment.
In canons 4 and 5 the council dealt with the ordinary ecprovinces and their metropolitans, and with provincial synods.
Since, however, there were also Churches with a pre-eminence or high
clesiastical
jurisdiction recognized
by
number of
provinces, Egypt in a narrow sense and Thebaid, that is, Upper Egypt. It
had been a long-standing custom for the metropolitans of the provinces
of Thebaid, Libya, and Pentapolis and their suffragan bishops, to look up
to the bishop of the mother Church of all Egypt as possessing jurisdiction
not only over his own province of Egypt, but as exercising a certain measure of authority also over the other three provinces. In the present canon,
all
to
He
three provinces, once the election of the latter had been approved by
eminence,
this
politan himself.
The term patriarch is used here for want of a better one. At the time of the counand for a long time afterward, there was no patriarch as we understand that term
today. In those days it was merely a Christian title of honor that might have been and
actually was applied to any venerable bishop. Gregory of Nazianzus (d. ca. 389) says:
,iR
cil
"the older bishops or, to speak more correctly, the patriarchs" (Orat. XI.II, 23). I'.uiperor Thcodosius II used it in a letter to Pope Leo I (illansi, VI, 68). The council speaks
merely of the bishop of Alexandria; but in rank he stood on a higher plane than an
ordinary bishop. He was a metropolitan, and of the four metropolitans in fc'gypt he w as
the chief metropolitan. Perhaps in the language of today it would be more appropriate
to call them archmetropolitans, yet it is just as well to adhere to the name which eventually became their special title. Cf. Fortcscue, The Orthodox Eastern Church, pp. 5-25-
3 I
this
Schism.
The first part of this canon has been the subject of much discussion.
Many volumes have been w ritrcn to tell us what it means. Briefly, the cause
of the trouble
this is also
t7rr/co7ra)
is
tovto
ficulty in this
as
the
first
jj
phrase
is
in
the
having reference to
What
docs this
the sentence as follows: "Let the ancient custom that obtains in Egypt,
late
etc.,
is
a similar
because the bishop of Rome exercises a similar supervision over the Western provinces. Others understand the demonstrative
to refer to the supervision of the Egyptian provinces and translate the sentence thus: "Let the ancient custom that obtains in Egypt, etc., be strictly
adhered to, since this is also the custom of the bishop of Rome," that is,
of
Rome,"
because
it is
that
is,
also the
Rome
Con-
civil
metropolitan
cities.
built
on a comparison be-
f
j
3*
no foundation in history. 89
Church of Antioch were to be maintained. It
what these rights were. However, from remote an-
many
has
that his
it
At any
rate,
Roman
Empire. Tradition
Whether or not
which
restricted his
at that time
embraced
comprised
all
of
Our canon
eparchies be maintained.
The term
"eparchies" here
is
not without
its difficulties,
which cannot be
The council forbade that anyone be made bishop without the approval
of the metropolitan. This rule had already been made in canon 4, but is
here repeated to safeguard the rights of the metropolitans against possible
09 For an excellent study of this part of the canon, cf. Loughlin, "The Sixth Nicene
Canon and the Papacy," in Am. Catb. Quarterly Review, V (1880), 220-39.
70 The standard work for the history of the Eastern patriarchates is that of Le Quicn,
Oriens cbristianus in IV patriarcbatus digestus, Paris, 1740. Outlines are given by Duchesne, Christian Worship (London, 1904), pp. 1-30; Fortescue, The Orthodox Eastern
Churchy pp.
71
1-50.
33
canon
Summary. The bishop of Jerusalem is
fringing on the rights of the metropolis.
however,
in-
Text. Since custom and ancient tradition show that the bishop of
Aelia (Jerusalem) ought to be honored, he shall have precedence,
without, however, infringing on the rights of the metropolis.
Comment. That the position of the bishop of Jerusalem from the earliest
was an exceptional one, goes without saying. This was due to the fact
that his jurisdiction covered a territory hallowed by the visible presence
of the Redeemer. Moreover, after the destruction of the city by Titus in
the year 70, when the Christians who had fled to the little Greek town
of Pella in Peraea returned, they met for worship in the house of John
Mark and his mother Mary, where they had been accustomed to meet before. 78 This house with a few other buildings, we are told, had escaped
the general destruction of the city. Here the Christians worshiped. It was
years
Church of Jerusalem.
It
From
here the
first
in all
Christendom, a
city,
its
City.
The explanation of
this brief
Ae
rights
Actsiz:i 2
f.
this
canon,
cf.
Hefele-Leclercq,
I,
Appendix
34
tan,
only
canon
that
was removed
is,
this
which
FIRST COUNCIL OF
MCAEA
35
they were beyond the reach of God's pardon, bur because they were unfit
to associate with his saints and ro be members of his pure community on
They denied the right of the Church to receive such, not the possiof divine mercy hereafter. .Most of them forbade second marriages,
holding that such or successive marriages, even when contracted after the
death of one of the parries, arc ad 11 Ire it.
earth.
bility
It is
The
council recog-
u Synodicon
76
T
Op.
sive
Pandectae canonum
II
C.8,C.I, q. 7
77
Socrates,
78
I,
9;
Theodoret,
I,
9.
cation of the
JV, n. 163).
"decent adultery" (tvTrpeirys poix"*). St. Basil (Epist. CLXXXVJII; condemned them
Mid demanded severe canonical penalties for those who contract them, while Gregory
Of Nazianzus (Orat. XXXVII, c.7) called second marriage a toleration, a third a transgression. Under Patriarch Nicholas I of Constantinople (d. 925) the Greek Church declared fourth and,
legislation
was
36
The
inspired in
79 The question regarding the reconciliation of apostates in the early Latin Church
has received not a little attention from critics dunng the last three or four decades.
Apart from minor agreements, the general results of their investigations have crystallized in two opposing schools. One of these maintains that the policy of the Church
toward the lapsi was one of stem exclusion, that is, it was a well established principle in
the Church during the second century and the first half of the third, that apostates (and
also adulterers and homicides), even if they did penance and sincerely manifested the
best dispositions, were not again taken back into the Church or admitted to holy communion even in extremis. According to this school the edict of Pope Callistus admitting
adulterers, and a similar change on the part of Pope Cornelius in the direction of leniency toward apostates, were, if not a complete reversal of the traditional policy respecting the treatment of capital offenders, certainly an innovation that seemed to some to
border on the revolutionary. The other school sees in the early discipline of the Western Church a milder attitude, which left the door of the Church open to such offenders.
examination of the sources, forces us, in the writer's judgment, to but one conclusion;
namely, that while the attitude of the early Church toward apostates, or for that matter
also toward adulterers and homicides, was by no means a lenient one, it cannot be
characterized as one of stern and uncompromising exclusion. The attitude was not a
lenient one because, in the face of the heathen world and of the recurring possibilities
of persecution, the Church could not afford to be lenient. On the other hand, that the
refusal of reconciliation in this life to capital offenders after baptism was a well established principle in the Church, is a statement that our sources do not support. That
early writers contain a few passages which seem to reflect an attitude of exclusion, there
can be no question. But they are not of sufficient number and weight to justify the
building thereon of a principle. In canon 1 3 of this series the council insists on the observance of "the ancient canonical law" that if anyone (of the lapsi) be near death he
shall not be deprived of the Viaticum if he asks for it and is properly disposed for its
reception (cf. Ancyra, canon 6). How ancient that law was we do not know; it expresses, however, the teaching and conviction of the Church at all times. Certainly no
one would venture the statement that the extreme rigorism that pervades most of the
decrees of the Synod of Elvira and some few decrees of Aries and Ancyra represent
the discipline of the Church at that period. Canon 13 was designed to put an end to the
rigorism that existed in certain localities, as something that the Church could not sanction. The commission of Christ to the Apostles was a twofold one. It included the commission to loose and the commission to bind; the commission to remit and the
commission to retain. Nowhere in the words of Christ is there a suggestion that either
part of this commission is more important than the other; and although it is a fact of
history that the commission to bind was more in evidence during the earliest centuries,
there is also the dogmatic fact that the Church during that period or during any other
period could not so far forget the other half of her commission as to refuse in this life
reconciliation to a sinner or to a certain class of sinners when these had fulfilled every
condition required for reconciliation. Any other position is clearly at variance with the
definition of the Council of Trent and touches the inerrancy of the Church.
37
and by some of the orthodox bishops, though on the two points on which
his party cut itself off from the Church, he was immovable. In spite of
this mildness, however, the Novatianists showed no disposition for recon80
ciliation, and the sect continued to exist well into the fifth century.
CANON 9
Summary. Those ordained without a previous examination, or
examination confessed their wrongdoing, shall be deposed.
who
during such an
Text. If
ination, or if in the
ness.
been or in the future may be elevated to the priesthood without that examination required by I Tim. 3:2, and Tit. 1:7. That this rule of Timothy
was a fundamental one from the earliest history of the Church, there can
be no question. In the choice of ministers, prudence and precaution cannot be dispensed with.
know that, in the selection of bishops, in the
East and the West the laity had a voice, to testify as to the character, the
We
fitness
this, at least in
over
us,
This question is too big and too complex to be presented even in outline in a note.
Those who have a desire to go into it more deeply arc referred to the following works.
For the attitude of extreme rigorism: Funk, "Zur altchrisrl. Bussdisciplin," in Kirchengescbl. Abbandl. I, 155-81; Bat iff ol, Etudes d'histoire et do tbeologie positive, 1st scries
ersten 6. Jabrb.,
(Paris, 1907),
pp. 69-144; Rauschcn, Eucbaristie u. Bus ssakranient in d.
Freiburg, 1910. For a milder attitude: Stufler, in Zeitscbr. f. katb. Tbeologie, 1907-1909;
Esser, in Katbolik,
les origines de la
1907, 1908; D'Alcs, UEdit de Calliste. Etude sur
Penitence chretienne, Paris, 191 4; Hefele-Leclercq, I, 576-87; Watkins, A History of
returnee, 2 vols., London, 1920; Haslehurst, Penitential Discipline in the Early Church,
London, i 9 u.
80
Bright, Canons of the First Four General Councils (Oxford, 1892), pp. 29-38;
Hefele-Leclercq,
I,
165-72.
38
81
So universally were this rule and its exknown, not only in ecclesiastical but in civil circles as well,
that the Roman Emperor Alexander Severus (d. 235) recommended its
adoption bv publishing the names of men selected for high public offices
and then asking the people, if thev had knowledge of a crime or crimes
committed bv these men, to make them known. 8 - St. Cyprian, before holding an ordination or consecration, 83 was accustomed to consult the clergy
cellent results
and
laity as to the
dates for
worthiness of a candidate.
He
full
The Synod
of
Elvira in canon 24 decreed that no one was to be admitted into the ranks
of the clergy outside of the province in which he had been bapri/cd, he-
cause the
life
little
known.*-'
The Synod
of
and each of these for no brief time, so that it may be known whether
or not he is competent and worthy of the episcopate. 86 St. John Chrvsostom, speaking of the priesthood, says that he who is about to ordain must
first institute a diligent inquiry, but much more so must he who is to be
ordained. 87 St. Basil reproved his chorepiscopi for failing to make due inquiry before admitting persons to minor orders. 88
In the second place the council draws attention to the case of candidates
who during an examination confess wrongdoings that disqualify them for
sacerdotal promotion, but are ordained by bishops moved thereto bv unworthy motives. Disregard for this ancient rule existed particularly among
the Arianizing bishops, though no doubt instances of its violation were
found also in the ranks of the orthodox. In conclusion the council declared
that persons so promoted, the canon does not approve, that is, they arc
to be deposed when it is discovered that they have been promoted in violation of the rule. It is clear that the penalty applies properly to the second
case, it is rather severe on those of the first who after ordination prove to
be exemplary priests or bishops.
priest,
81
Apologeticus,
39.
"Epist. LXVII,
Aug.
2.
C. 4,1). XCV1H.
Hefele-Leclercq, I, 790.
"Oportet cum qui ordinaturus est, multa prius perquisitione uti; sed multo majore
eum qui ordinandus est." De sacerdotio, IV, 2.
8a
87
88 Epist.
LIV.
39
CANON* IO
Swnmary. Those
who
who
ordained them
Text. The lapsi who have been ordained either through the ignorance or in spite of the knowledge of those who ordained them, are
no exception to the law of the Church, and they will be excluded as
soon as their irregularity becomes known.
deals with those w ho apostatized in rime of permatter of their ordination the council makes no innova-
but merely gives ecumenical expression to a practice that went backCvprian and was endorsed bv the bishops of Africa in his time,
to St.
who
No
What
all
all
sacer-
promoted to
be imposed upon the bishop
penalty,
if
anv, was to
of his knowledge of the unworthincss of a candidate promoted him to orders, the canon docs not sav. Because of the lack of earlier
in spite
legislation
on the point,
it
is
CANON
Summary. Those
II
who
apostatized without compulsion, though they are undeserving of indulgence, shall do penance for twelve years.
constitutes a
The
"Epist. LXVII,
6.
found
it
necessary to formulate
40
a
few
persecutions,
and by an external
and life. Among
those who apostatized there did not exist an equal degree of guilt. Some
lapsed without compulsion or pressure of any kind; others, arrested, gave
steadfast in the face of temporal losses, torture or death,
way under
To make
the penance imposed proportionate to the guilt of the peniEast during the last half of the third century and
faithful. 91
In this canon the council considers the case of the most guilty ones
who had the least excuse for apostatizing, and decides that be-
only, those
fore they are received back into the Church, they must do penance for
among the audientes, seven years among the substrati, and two
three years
00
fourth station or class was added later. St. Basil (epistolae can. II, 22 and III, 56)
to make mention of it. It was the first or lowest station. Penitents of this class
as flames or lugentes (mourners). They were forbidden to enter the
church, but stood outside the church door beseeching the faithful as they entered to
for
them. In the West, where the penitents were treated much like the catechupray
mens, the classification did not exist; at least the groups or stations were not so clearly
marked. At a later period, however, at the beginning of the Middle Ages, and after
they had disappeared in the East, we find penitential stations or classes also in the West.
Funk, Kircbengescbicbl. AbbandL, I, 195 ff.
al Funk, "Die Bussstationen im christl. Altertum," in Kirchengeschl.
Abhandl. I, 182209; idem, "Die Katcchumenatsklassen des christl. Altertums," ibid., I, 209-41; Schwartz,
Bussstufen u. Katcchumenatsklassen, Strassburg, 1911; VVatkins, op. cit., I, 239-92.
is
the
first
were known
among
the consistentes.
The
of the Church.
The punishment
was
that
to be
imposed on catechumens
was specified in
the persecution,
14.
canon
12
Summary. Those who, called by grace, showed rheir zeal and laid aside the military
uniform, but have returned or brought about their return to military service, arc to
do penance for a period of thirteen years; which period may be reduced by the
bishop in the case of those who manifest a willing and ready compliance.
Those who, called by grace, showed their first zeal and laid
(^^v, cingula militiae), but afterward returned
like dogs to their vomit, so much so that some have even given
money and presents in order to be readmitted to military service,
are to remain for three years among the audientes and for ten years
among the substrati. Their disposition and the character of their repentance are to be closely observed. Those who give evidence by
fear and tears, patience and good works, not of a simulated repentance, but of the reality of their conversion, may, after the fulfilment
Text.
of their
time
among the
ers (consistentes), in
give
money and
presents to those
in
authority as an inducement to be
his soldiers an unconditional
moreover, demanded of
his
army
all
by taking part
who would
in
pagan
f heathen worship.
who
42
service under Licinius and thus gave support to the cause of paganism.
These are to spend three years among the audientes and ten years among
the substrati. In the case of those who gave proof of a genuine and sincere
it was left to the discretion of the bishop to transfer them, on
repentance,
first
probably
it
The
from the
which they would be permitted
first
was two
years, as
was
CANON
laid
down
to the
to assist
is
at
not
1
1.
13
Summary. The dying are to be given Viaticum. But if anyone should recover, he
must be placed in the number of those who take part in the prayers, and with these
only.
Text. With regard to those dying, the ancient canonical law shall
continue to be observed, namely, if anyone be near death let him not
be deprived of the last and most necessary Viaticum. But if he recovers after having been absolved and admitted to communion, he is
to be placed among those who are permitted to take part in the prayers only (consistentes). In general, and in the case of anyone dying
who wishes to receive the Eucharist, let the bishop give it to him
after
due investigation.
Comment. In this canon the council makes provision for those lapsi who
are in danger of death before the expiration of their term of penance. In
case of recovery, after having been reconciled, they are to take their place
is
show real
repentance.
w Epist. LV,
23.
the
Synod of Ancyra
when
43
canon 16 it decreed that married men over fifty years of age convicted of immoral practices with beasts, are to he admitted to holy communion only in the hour of death. 03 In rcplv to an inquiry by Exsuperius
bishop of Toulouse, as to what was to be done with those who after a
lifetime of licentious indulgence asked at the approach of death for reconciliation and communion, Pope Innocent 1 in 405 explained that formerly
the discipline regarding such persons was more rigorous; later, however,
it had become more lenient. Formerly such persons were indeed granted
penance, but communion was denied them; since the end of the persecutions, however, a milder discipline in regard to them w as deemed proper,
and it has been the practice to admit them to communion also. 9 Pope Cclestine I, in his letter to the bishops of the provinces of Vicnnc and Narbonne (428), expressed his horror at learning that penance (that is, absolution) was refused the dying and that the desire of those who in the
hour of death sought this remedy for their souls, was not granted. We
shudder at the thought, he wrote, that anyone can be so irreligious as to
doubt the mercy of God; as if it were impossible for Cod to give aid to
one who at any time has recourse to Him." Leo the Great, in his letter
in
'
"
denied."
Theodore bishop of
Frcjus, wrote:
98
a journey,
(c<t>68ia)
earn
non negligamus ad
Basil applied
it
also to
In these and similar cases it must be borne in mind that it was communion only
was denied to such sinners, not reconciliation or sacramental absolution. Frank,
Die Bussdisciplin der Kirche (Mainz, 1867), pp. 887-93.
Epist. VI, 2.
93
that
95
98 Epist. CVIII,
4.
97 Hist, eccl., VIII,
10.
98
De
44
St. Basil
again,
its
applied
application
it
was extended
to the
canon 14
Summary. Catechumens who have
fallen shall
hearers.
Text. Regarding the catechumens who have lapsed, this holy and
great council decrees that they shall be for three years hearers
(audientes) only, after that they may join in the prayers (consistentes) with the catechumens.
whether there
is
who
It is
un-
apostatized
CANON
Summary.
15
No
Comment.
It is difficult
is
45
Apostolic times; the underlying idea being the conviction of the early
Church that a spiritual alliance or a sort of mystical marriage exists be-
tween the bishop, priest, and deacon on the one hand and the Churches
which they were ordnincd on the other. The conjugal bond being indissoluble, it naturally follows that the alliance between a bishop and his
Church partakes of the same nature, and he who for the sake of wealth
and things earthly left his own Church for another was regarded as an
adulterer. This idea was expressed bv Sr. Jerome when, referring to this
canon, he wrote: "No bishop should pass from one Church to another,
lest scorning the society of a poor yet virgin see he should seek the embraces of a wealthy and adulterous one." 10 What the council aimed at, of course, was translation associated with
worldly motives, resulting often in scandalous discord and strife. "It is
evident that the sunshine of the new Constantinian era had produced a
crop of secularity within the Church. Many of its ministers had become
'conformed to this world'; the sees in great towns had become lures to ecclesiastical ambition; a restless and self-seeking temper had impelled bishops
and even priests, conscious of popular talents and eager for a wider sphere
of influencein the interests, as they would say, of the faith and of the
for
were too often occasions for cabal in favor of this or that prelate
who would regard translation as promotion." 103 Thus did Eusebius, the
champion of Arms' cause, who had been bishop of Berytus, from ambitious
motives transfer himself to the see of Nicomedia. There were others who
had done the same thing or had themselves transferred. 104 In 314 the
Synod of Aries in canon 2 ruled: Ubi quisque ordinatur, ibi permancat,
and a comparison of that synod's canon 21 with the present one shows
that the evil had spread widely and rapidly. The Synod of Sardica (34344), dealing with the same subject in canon 1, remarked sarcastically, that
no bishop has yet been found to aim at being transferred from a greater
city to a lesser one. This Nicene canon was renewed by the Synod of
Antioch (341) in canon 21, in which it was decreed that a bishop may
not be translated from one parish to another, either intruding himself of
his own suggestion, or under compulsion by the people, or by constraint
of the bishops; but he shall remain in the Church for which he was chosen
by God from the beginning, and shall not be removed from it, in accordance with a former decree. However, the Church soon found it
necessary to make exceptions to the rule, and it was not long before these
multiplied to such an extent that Gregory of Nazianzus in 382 spoke of
cancies
102 Epist.
LXIX,
s,
ad Oceanum.
f.
46
no longer
the prohibition as
strictly observed.
existent. In the
Western Church
it
was more
105
CANON
16
deacons, and other clerics who desert their own Church arc not
to be admitted into another, but are to be returned. Should any bishop oninin one
belonging ro another bishop without the consent of that bishop, such an ordination
shall be regarded as null.
Summary.
Priests,
Text. Priests, deacons, or any other clerics who, not having before
their eyes the fear of God, nor considering the ecclesiastical law,
through a want of earnestness abandon their Church, shall under no
condition be received into another Church, but are to be urged by
every means to return to their own diocese; in case they refuse, they
are to be excommunicated (deposed). Should anyone, however, attempt to steal a subject, as it were, who belongs to another (bishop),
and, without the consent of the bishop from whom the cleric escaped, ordain him for his own Church, such an ordination shall be
invalid.
and to canon
it
all
who
own
we
find in so
many
100
10 3
Thomassin, Vetus
106 In the
Ages,
we
et
nova
ecclesiae disciplina
course of the early history of the Church, in fact, well into the Middle
meet frequently with statements by councils and popes declaring invalid
CAVON
Summary.
47
17
schemes of
dis-
under certain circumstances an ordination or ordinations for other reasons than defect
of the prescribed form or intention. Fur instance, ordinations were declared null ami
void when administered by heretical, schismatical, simoniacal, or excommunicated
bishops, or for other reasons, as is indicated bv this ami subsequent canons. In many
of such cases the sacrament was repeared unconditionally. Such declarations and practices arc apparently in direct contradiction to the later leaching of the (mutch, which
specifics as the sole causes of invalidity of the sacrament of holy orders defect of the
prescribed form or intention. In other words, outside of these defects the sacrament is
administered validly, though illicitly, bv any heretical and excommunicated bishop who
has been validly consecraicd, or by any bishop in good standing and acting under prohibited conditions, as is the case in our canon. The point invok ed, then, is nor one of
discipline, but of dogma. The problem is one of the most complex in the history of
theology. Peter Lombard called it an "insoluble one." For our purpose it suffices to indicate: (a) In the early Church there was no clear cut distinction between invalid and
illicit ordination or consecration. An illicit ordination w as simply designated as ampos,
"invalid," and to all practical purposes it was equal to invalidity, for to one illicitly
ordained a dispensation was very rarely granted, and where there was no dispensation
it made little difference, so far as the exercise of the office was concerned, w hether
such an ordination or consecration was termed invalid or illicit. The Council of Chalccdon (canon 6) declared absolute ordinations, that is, ordinations without a title, invalid.
Anyone so ordained was regarded as having received the sacrament to no purpose,
hence was looked upon as really not a bishop or priest at all; not that he lacked the
sacred character of the sacrament, but, lacking the title, he could not realize the exercise of that definite office for which alone the sacrament was conferred.
(b) In those days no clear distinction existed betw een ordo and jurisdictio. As a rule
it is the potest as sacerdotalis or episcopalis that is spoken of. Anyone therefore who
did not possess episcopal jurisdiction (as the intruder), or who had canonically lost it
(as one deposed), was simply looked upon as not a bishop or as no longer a bishop.
(c) Sometimes it is clear from the context that the expression ordinatio irrita docs not
mean invalid as we understand that term today, but uncanonical, illicit, not possessing
valid
(d)
When
sacrament de Vordre, Paris, 1907, and the review of this work in Zeitschr. f. kath.
XXXI (1907), 507-15; Hergcnrothcr, Photius, Patriarch v. Constaminopel,
II (Regensburg, 1867-69), 321-76; idem, "Die Reordinationen d. alten Kirche," in
Oesterreicb. Vierteljahrsschrift f. kath. Theologie (1862), pp. 207-52, 387-456; Morin,
Commentarius de sacris ecclesiae ordinationibus, Paris, 1655; Wordsworth, Ordination
Problems, London, 1909.
le
Theologie,
107 Ps.
14:5.
48
interest per month, this holy and great council decides that if anyone after the publication of this ordinance takes interest in any way,
or engages in the business of usury in any manner, or demands back
one and a half times as much, or otherwise devises a scheme of dishonest profit, he shall be ejected from the clerical state and his name
Comment.
In the early
was svnonvmous
interest
among
Christians, there
was
little
likelihood that
they would adopt the usurious practices of the heathens. This happy state,
however, did not continue. During the long peace which the Church enjoyed immediately before the Decian persecution, many Christians became infected with a worldly spirit, and an appalling amount of laxity
and corruption set in. The heathen practice of taking interest had found
its way especially among the bishops, in whom such action was the more
reprehensible since according to the rule their savings were to go to the
Church to be distributed among the poor and not to be used to exploit
their misfortune.
comparatively
a severe one,
its
duration was
easily
practice.
clerics only,
not the
inflicted also
on laymen who,
canon
18
Sunnnary. Deacons are forbidden to distribute the Eucharist to the priests and to
receive it themselves before the bishops. They are also forbidden to sit between the
priests.
C.XIV,
q.4). Schaub,
d.
Zrnswucher
(Frei-
49
known
known that some deacons receive the Eucharist before the bishops.
All that shall be discontinued now and the deacons shall remain in
their place, knowing that they are servants of the bishop and in rank
subordinate to the priests. They are to receive the Eucharist in accordance with their rank, after the priests, a bishop or priest administering it to them. The deacons also are not to sit between the
priests; this is contrary to rule and order. If anyone, after these ordinances, still refuses to obey, he is to be suspended from the deaconship.
Comment. In the ancient Church the holy sacrifice was offered up by
one only, ordinarily by the bishop, or if he was for any reason impeded,
by
a priest.
The
is,
in the
same man-
ner as the newly ordained priest today at his ordination repeats the mass
with the consecrating bishop. In the early Church this rite was of daily
occurrence. 108 These sacerdotes consacrtfic antes were supposed to receive
communion from
who were
of
illness,
distributing
it
it
is
this
condemned.
Another abuse charged against some deacons was that they received the
Eucharist before the bishops. This part of the canon is far from clear and
has been the subject of not a little discussion by commentators. It speaks
only of "some deacons," from which the conclusion is evident that it was
108
Morin,
Comm. de
de episcopis et presbyteris
Apologia I, 65, 67; Morin, op. cit., Ill, Exercit. 9, c. 3. Cf. also the rubric
in St. James's Liturgy, Brightman, Liturgies Eastern and Western (Oxford, 1896), 64, 5.
In passing it may be .noted that in the early centuries the one communicating received
the consecrated bread not in his mouth, but it was laid in his hand and he himself would
place it in his mouth. Cyril of Jerusalem (d. ca. 385) about twenty-five years after this
council instructed his catechumens, when they made their first communion, to receive
the body of Christ in the palm of the right hand. Catechesis, XXIII, 21.
111 St.
Cyprian,
De lapsis,
25.
50
Two
how did
questions arise:
they or
first,
who were
these
dea-
how could
more
plausible explanation
in the expression
sees
dia~
own
personal service.
The one
so appointed, though
srill a
deacon,
the rank
He assisted in the work of ecclesiastical adminishad charge of the distribution of alms to the poor, and was entrusted with the surveillance of the other deacons and of the subordinate
clergy. From the fourth century onward he was the official supervisor of
the subordinate clergy and exercised a disciplinary authority over them.
In the earlier stages of the office, his duties lacked juridical definition, but
with the beginning of that century they gradually assumed the character
of a juridical ecclesiastical office. The Apostolic Constitutions (of postNicenc origin) say that he should be the bishop's ear, eye, mouth, heart,
and soul, so that the bishop may not be distracted with many cares, but
only with such as are more important. 114 The episcopal deacon was to be
ready at once and at all times to do the bishop's bidding, keep him informed, and act as a medium of communication with the laity and with
of the ordinary deacon.
tration,
With
place in
*Diakonen
286
ft.
"
9.
Apologia contra
their position and the fact that it hi que locorum nimma pollebant gratia
apud episcopos, these episcopal deacons came to regard themselves at
times, at least in some respects, as more important than the priests and
superior to them.
priests. 117
This disciplinary canon, as Van Espen rightly remarked, proves the beof the council in three great dogmatic truths: (1) it saw in the Eu-
lief
charist the
and (3)
it
body
of Christ; (2)
it
118
conceded to the priesthood alone the power of consecration.
canon
19
Summary
Text. Regarding the Paulianists who wish to return to the CathChurch, the rule is to be observed that they must be rebaptized.
If any of them have formerly (as Paulianists) been members of the
clergy, these, if they are found to be of unblemished character and
olic
118
Op.
52
may
come down
to us,
is
decilocal
uncertain. The
Paulianists
in 268
Christological heresies.
The
them
to be invalid
did not exist before the worlds. St. Athanasius, who undoubtedly was
tells us that in administering baptism they indeed named
well informed,
baptism was invalid, it follows that their orders also were invalid. 1 The remainder of the canon offers much difficulty. As Dr. Bright has
1
due to
the
its
first
lie
120
"The
rightly stated,
difficulties
lax and, as
it
"I For
first
Samosata (Leipzig, 1924), pp. 164-201. Also Bardy, Paul de Samosate (Louvain, 1923),
pp. 411-33; Reville, La Christologie de Paul de Samosate, Paris, 1896; Bardenhewer,
Gesch. d. altkirchl. Literatur, II, 275-79.
53
if
is
found worthy, they are to be ordained again. In the latter we are told
have not received ordination and arc to be counted among the
that thev
laity.
wc ought
first
sentence, instead
to read "their
We
would
be:
cV
trxviuiri,
as in
hoc ordine,
in
eadem specie. Those are also the renderings given of the same phrase in
canon 8, where it is question of the Novatianist clergy. In our case it can
refer only to the phrase h r$ kuvovl (clerical register or clerical staff) of
the preceding sentence.
On two points this portion of the canon seems clear. First, it does not
forbid the ordination of women to the rank of deaconess, as some writers
would have us believe; and secondly, it does not suppose or imply the existence of the practice of such ordination in the
first
point.
Church
at that time.
There
it
122
123
1910), p. 12.
(Munchen,
54
as well,
it is
Nor, for the same reason, would the Council of Chalcanon 15 and the Trullan Synod in canon 40 have determined
the age before which a woman was not to be ordained a deaconess. The
same can be said of the Apostolic Constitutions and of the imperial legislation of the fourth and following centuries governing the life, conduct,
and ordination of deaconesses. 124
tion of this decree.
cedon
in
12 * There were in the early Church two classes of widows, those w ho were dependent
on the charity of the Church, like the orphans, and those who were selected and set
apart from these to serve as ministrae in the Church (Rom. 16:1; 1 Tim. $:u; 5:9-16)m)l1
It is with the latter that we are here concerned. Their duties were akin to the
'
deacon; to
assist at
De virg. veland., 9). Their position in the Church was an honorable one, as we may conclude from the fact that they were reckoned among the clergy*
accepting that term in a broad sense. Thus, Clement of Alexandria (d. ca. 215), speaking of "chosen persons" in the congregation, mentioned bishops,
deacons, and
localities (Tertullian,
priests,
widows (Paedag.
traditional place immediately after the deacon. Once these minor orders had been fully
formed and definitely determined in point of rank and duty, the ordo viduarum became
the ordo diaconissarum, because these women were the deacon's assistants. This change
originated most probably in Syria and from there spread gradually to the other
in the East. Recruits were still drawn from the ranks of the widows (Apost-
Churches
Const., viii, 25) but in some measure also from that of elderly spinsters. It is incorrect
then to speak of deaconesses during the first three centuries, and the many century old
habit of seeing a deaconess every time we sec a ministra, has wrought more confusion
in the subject of deaconesses in the early Church than all other factors put together.
St. Paul speaking of Phebe (Rom. 16: 1) uses the word $ Stdicovos, ministra servant. The
term applied no doubt also to other women mentioned and not mentioned in the Paulina
epistles. Pliny in his letter to Trajan (lib. X, cpist. 96) speaks of ministrae. What the
precise nature of the services of these women was, we do not know. They were varied
and variant, and under the circumstances we may take it that the services of many had
no relation at all to the non-liturgical functions of the deacon. The noun Suucovtaff**
deaconess, was unknown to the Greek language of the time. It is a purely ecclesiastical
term and came into usage only toward the end of the third or the beginning of the
fourth century, when the rank and duties of the office, like that of the other minor
r-
55
Neither can there be any doubt with regard to the second point. It is
true, the council deals here only and exclusively w ith the Paulianist deaconesses, but by implication it throws some light on the general practice
of the time. Perhaps the chief reason why the latter part of this canon
has been a stumblingblock, is that the historical antecedents of some of
the elements involved have not been utilized to throw light on it. During
the first two centuries or so, only bishops, priests, and deacons constituted
of the church personnel, including the widows,
among the clergy, belonged to the laity. From
the year 200 to about the time of our council, everyone who was in the
service of the Church and gained his livelihood in or from the Church,
the clergy.
The remainder
who were
usually reckoned
whether ordained or not, was reckoned among the clergy, that is, he was
on the clerical staff. Hence we find on that staff during this period not
only the clergy properly so called, but also laymen, lectors, exorcists,
catechists, that special class of widows which we have been calling deaconesses, notaries, Church advocates, and even fossores, grave-diggers,
who buried the bodies of the martyrs. With the accession of Constantine
the Great a new era was opened to the Church. The large and ever increasing membership required organization on a broader basis than had
hitherto
in this
and, as the idea obtained that those taking part in the divine service or
functions related to the liturgy should be instituted in office with prayer
and ceremony, we find the minorites so instituted. The minor servants that
come into consideration here are the subdeacon, reader, and exorcist. 125
Whether before 325 these received ordination or some sort of imposition
of hands, is impossible to say with certainty. The Synod of Antioch (341)
in canon 10 declared that chorepiscopi may ordain readers, subdeacons,
and exorcists only. 128 That is obviously a complete enumeration of the
servants,
subdeacon, lector and exorcist, became clearly and definitely defined and
stabilized.
125 The
We
iests, 7
js,
as held after
ween
the
the
that
is,
be-
343 and 381. Westcott (Hist, of the Canon of the N. 7\, p. 439), and others give
363 as the date, but their arguments for it are groundless. The office originated in the
^5
ecclesiastical orders
new
persons;
practice regarding the ordination itself of those three classes of
and our
that practice existed before 341. Between this Synod of Antioch
the
council there is an interval of only sixteen years. It is probable that
there
practice existed in 325 in some localities, for in the early centuries
was
If
in the Eastern
we
and
who
some of
were on the
whom
itself
Among
these
we
have
first
of
all
but
the
whom Emperor
Constant ius
in
nuncupari. 121
The
among
We
57
know from
history
which deacons and deaconesses had gone in their usurpapower and authority. In the present instance it is not improbable
the lengths to
tion of
because of the close relation of many of their functhe deacon, arrogated to themselves clerical prerogatives.
counted
among
added:
We
canon 20
Summary.
On
said standing.
Text. Since some bend the knee (that is, pray kneeling) on Sundays and on the days of Pentecost, the holy council, in order to procure everywhere uniformity in all things, has decided that prayers
be directed to God standing.
to restore. Tertullian informs us that the Christians regarded it as improper on Sundays to say their prayers kneeling. This custom of saying
them standing, he tells us further, was extended to the entire period from
Sunday to Pentecost. 129 He even found fault with those who stood
on Saturday, for the reason that it was only on Sundays and during the
days of Pentecost that kneeling was traditionally forbidden. 130 The reason
was that these days were considered as commemorative of the resurrecEaster
Basil,
man through
the
Jahrh^
129
180
De
De
corona,
3.
oratione, 23.
58
Cassian says: "On these days we do not bend the knee in prayer
God.
because the bending of the knees is a sign of penance and sorrow. But
in all things we observe on these days (that is, from Piaster to Pentecost)
the same solemnity as on Sunday, on which day our predecessors neither
fasted nor bent the knee on account of their reverence for the resurrec181
132
St.
of un-
may
be added that in the early Church the faithful stood during the
It was deemed the proper posture for all who offered
as the faithful did and still do in union with the pricsr. And as
Eucharistic service.
sacrifice,
sacrifice
at
omnium
131
De
"2
Collat.
circumstantium.
133 Dia/.
XXI,
20;
PL, XLIX,
195.
(381)
Council
banishment
of certain Arianizing prelates in order to stamp out the heresy and restore
ecclesiastical peace, had rather the opposite effect and proved the beginning of a renewed and bitter warfare against the Nicenc term hovwousios
and its champion, St. Athanasius, who in 328 succeeded Alexander in the
see of Alexandria. This turn of events is hardly surprising when we conHistory.
The
its
by Constantine
at the
sider that the Nicene definition of the orthodox faith as expressed by the
term homoousiosand this was precisely the point at issue was the
achievement of the superior energy of a small and resolute minority,
backed by the imperial authority, with the aid of half-hearted allies and
against the opposition of the Arian faction. Of this latter party most of
the members had subscribed to the Creed not from any sense of conviction,
but to escape
battle
anew
those irresolute
many
exile.
As was
to be expected, they
and half-hearted
allies,
whose
On
again in the
atmosphere of
a society that
in ecclesiastical affairs (and this applies equally to his succesand by his lack of steadfastness, in the last analysis he contributed
to the renewal and grave proportions of that conflict more perhaps than
any other single contemporary factor. The exile of Eusebius of Nico-
meddling
sors),
relegating the
(ca.
335) Arius
from
his exile.
6o
andria remained vacant. Shortly before his death he had himself baptized
by that arch-Arian, Eusebius bishop of Nicomedia. This event prompted
As
is,
those
who
The
who was
still its
who had
championed
mising defender.
It
radical Arians, in
took refuge.
this
party are
sciously
known
as Semi-Arians.
Christ.
They did not openly or even conThe views of some were substan-
orthodox, but the majority of them were subordinationists, not realits ultimate analysis militated against the
divinity of the Second Person. In the course of the conflict and perhaps
tially
formula, some more or less orthodox, others obviously hereticalSince the death of Constantius in 361, Arianism had become a negligible
factor in the West, while in the East, especially under
it
its
forces.
Emperor
Valcns,
conditions in the East is furnished us by the imperial city of Constantinople, where the episcopal see had been in the hands of the Arians for
forty years. Of the many churches in the city the Catholics possessed not
a single one. When in 370 they elected their own bishop, their action was
1
XXVII,
679.
6l
frustrated
amis.
They
their choice,
by force of
Gregory
Great became emperor in the East, and under his regime Arianism in all
its forms came practically to an end within the Empire. The new Emperor
person of St.
was baptized shortly after his accession to the throne in 379 and began
work immediately to bring about ecclesiastical peace and unity in his
dominions. To accelerate this movement, he summoned and assembled
the Council of Constantinople (May, 38 1). 3 Its object was to provide a
Catholic bishop for the see of Constantinople, to confirm the Niccnc
Creed, to reconcile the Semi-Arians with the Church and to put an end
to the Macedonian heresy. It was attended by 150 Catholic bishops and
about 36 heretical (Scmi-Arian and Macedonian) bishops, and was pre-
Among
tius
the prominent figures at the council were the following: Melewho had arrived ahead of time in order to assist at the in-
of Antioch,
stallation
of Gregory as bishop;
Timothy of Alexandria,
Cyril of Jerusalem,
St. Basil), Optimus of Antioch in Pisidia, AmphiloDiodorus of Tarsus, Pelagius of Laodicca, Eulogius of
Edessa, Acacius of Beroea, and Isidore of Cyrus in Syria. Outstanding
bishops of the Macedonian representation were Eleusius of Cyzicus and
Marcian of Lampsacus, both sees being located on the Propontis. 5
Of the acts^of the co uncil only a few fragments have come down to us.
Our knowledge of its proceedings 7s~ gathered cRlcHy from the "accounts
of the ecclesiastical historians, Socrates, Sozomen, and Thcodoret. Its first
transaction was the confirmation of Gregory of Nazianzus as bishop of
Constantinople. It is fairly certain that it composed a lengthy and formal
treatise on the orthodox teaching concerning the Trinity against the er-
youngest brother of
chius of Iconium,
Socrates,
Socrates,
Socrates,
V,
V,
V,
8;
Sozomen, VII,
7;
Theodoret, V,
7.
Sozomen, VII,
7;
Theodoret, V,
8.
6.
8;
62
This
rors of the Macedonians and also against those of the Apollinarians.
first canon,
treatise has been lost, with the exception of a fragment, the
which reaffirmed the Nicene Creed and anathematized all heresy. It drew
up no new symbol of the faith. The famous Nicenc-Constantinopolitan
baptismal
Creed, so long ascribed to this council, seems to have been the
F.piphacreed of the Church of Jerusalem published some years before by
adopted
nius e in his Ancoratus, and with some modifications and additions
and authorized by the council as a true expression of the orthodox faith.
The clauses that refer to the Holy Ghost are a definition against the error
conof the Macedonians who denied the divinity of the Third Person. In
sesclusion the council issued four disciplinary canons and terminated its
canons,
sions in July of the same year. In regard to the number of these
hand
the Greeks recognize seven. The earliest Latin versions on the other
in
mention only four. What the Greeks call the fifth and sixth originated
the
period,
if
indeed
it
in 382; the
at
seventh
is
of a
later
still
all.
to
the
Diodoms
equal divinity of
held
communion
the
with
be
are not in communion with the bishops above named, are to
from the churches as notorious heretics. 8
e
This council was an assembly of the episcopate of the Eastern Emp""
only. It was not ecumenical in its convocation or in its sessions. It was
not intended to be ecumenical. There were no Latin bishops present, and
the See of Rome was not represented. In the East the recognition of its
ecumenical character seems to date from 451, that is, from the Council
of Chalcedon, at which its Creed was read twice, and appeals to it were
Ail
who
expelled
is,
the Creed. 10
CANON
Summary. The Nicene Creed
is
63
is
anathematized.
faith of the 318 fathers who were assembled at Nicaea in Bithynia is not to be abolished, but is to remain in force, and every heresy is to be anathematized, especially
that of the Eunomians or Anomoeans, that of the Arians or Eudoxians, that of the Semi-Arians or Pneumatomachi, that of the Sabel-
Text.
lians,
The confession of
linarians.
Comment. As already
canon
is
stated, there
is
(identical in substance) of Nicaea, the bpolovaio* (similar in subof the Semi-Arians, and later the 6/ioto? (r<p varpt, like to the
Father) of the Acacians. The Arians or Eudoxians were the plain Arians
of the period led by Eudoxius. Another name for them would be Acacians,
for they adhered to that vague formula "like to the Father," invented by
6fu>ov<rios
stance)
wit
(Freiburg i. Br., 1930), pp. 412-18; Duchesne, Early History of the Christian
Church, II, 341-54; Tixeront, History of Dogmas, II (St. Louis, 1923), 37-^; Otten,
(Paris,
I, 236-53; Batiffol, Le Siege Apostolique
i9H) PP- 83-145; Rauschcn, Jahrbucher d. christl. Kirche miter d. Kaiser Theodosius,
Freiburg i. Br., 1897; Schermann, Die Gottheit d. hi. Geistcs nach d. griechischen
Vatern d. 4. Jahrh., Freiburg i. Br., 1901; Lictzmann, Apollinaris v. Laodizea u. seine
Schule, in Texte u. Unternichungen, Vol. I, Tubingen, 1904; Voisin, "La doctrine trinitaire d'Apollinaire dc Laodicee," in Revue dloistoire ecclcs., II (1901),
2
3 2 ~55. 2 39~5 ;
Newman, Tracts theological and eccl.: The Heresy of Apollinaris; id., Arians of the
Fourth Century; Gwatkins, Studies of Arianism, Cambridge, 1900; Bcthunc-Bakcr, The
Homoousios in the Constantinopolitan Creed, London, 1905; Hort, Two Dissertations,
II: The Constantinopolitan
Creed and Other Creeds of the Fourth Century, London,
1876; Bright, The Canons of the First Four General Councils, Oxford, 1892; Turner,
XZanons attributed to the Council of Constantinople 381, together with the names of
the bishops," in Journal of Theol. Studies,
(1914), 161-74.
XV
64
had
last
CANON
lying
their dioceses to Churches
thar
outside their jurisdiction; nor shall they disturb the Churches. Those Churches
are among the barbarian nations are to be ruled according to the custom obtaining
from the times of the fathers.
Summary. Bishops
are forbidden to
go beyond
and 6)
as to the territorial
Maximus
65
the attempt
ordinates,
own
tells
the
home and
The prohibition extends not only to metroknown as patriarchs and their immediate subsuffragan bishops. It may be noted that in the
affairs.
what were
but also to
later
all
of the
As
bishop of Iberia. 11
canon
^Summary. The bishop of Constantinople
is
sharp point of a
11
Socrates,
I,
20;
Sozomen,
II,
7;
Theodoret.
I,
24; Rufinus,
I,
10.
66
union
into halves, cutting off the vast majority of Eastern Christians from
with the West, a cleavage that has continued to our own day. If we
search for the deeper causes of the great Eastern Schism, wc shall find that
about the
it was not the Filioque or the rights of Ignatius that brought
harbored
division, but the rivalry, jealousy, and hatred that Constantinople
to
against Rome. When Constantine moved the seat of his government
way
equal to the
old
if
among
existed
bishop of Rome.
They were
of their
exaltation
Bosporus.
Rome
is
of
to take precedence of the metropolitans, later patriarchs,
Old
is to come next after the metropolitan of
Rome. So
"primacy of honor'*
is
concerned, there
is
over the twenty-two provinces of Asia Minor and Pontus, originally subEphesus and Caesarea. These rights of jurisdiction, though usurped,
were confirmed by the Council of Chalcedon (451) in its famous 28th
canon.
Our council, of course, recognized the absolute priority of rank reserved
to the bishop of Rome. In giving the reason, however, for its bestowal of
the primacy of honor next to Rome on the bishop of Constantinople,
namely, "because the same is New Rome," it asserts by implication that
ject to
the absolute priority of Rome has, like the primatus honoris of Constantinople, a basis simply and purely political, namely, the imperial majesty of
Old Rome, a statement that is untrue to facts. The primacy of Constanti-
of
it
was for
political,
and foremost
of which was the succession of St. Peter. Of course this purely human
or political reason which the council gave as the basis of Rome's ancient
*7
supremacy and authority, has never been admitted by the Apostolic See.
This canon, moreover, was subversive of that hierarchical arrangement
that had been recognized and canonized by the Nicene Council (canon 6).
It was prejudicial to the status of the great sees of Alexandria and Antioch,
which hitherto had ranked as second and third in the hierarchical succession. Naturally enough, Rome ignored this wholly unjustifiable and arbitrary rearrangement of an ancient order; not that her own first place was
disputed, but because she disapproved so radical a disturbance in the old
it
to the
canon 4
Summary. Maximus is deposed as bishop of Constantinople and the orders conferred by him are declared invalid.
own account of
for himself and the chief supporters of his intrigues were in Alexandria.
Arrangements had been made with Peter II, metropolitan of that see, to
send some bishops to Constantinople. These arrived in 380. Escorted by
a group of sailors, during the night and while Gregory was ill they proceeded to the church and consecrated Maximus bishop of Constantinople.
1-4; Fortescue,
68
n tiCed
h H
at
a ' afm
The
neighborhood, Catholics
and
m dSt
S
bi cr popular feeiwh?,rresulted
!, in
ng which
the expulsion of Maximus
from the citv. He appealed
S US but the Em eror
Gregory tells us, "spurned hin, like
P
'
'
"
,.
a
Th
k
in 'r.7
the intruders,
U then
t
who
'
dL
F
Tw L T
^
'
rCferred
by him."
CpiSCOpal 3CtS
cr was
P erfo rn,cd
y^^'t^%'S^^^
W
Q ^*
Bb
(Gotha, 1866), pp
37-42.
'
U,,niann
bishop nor
is
Konstantiiwpcl
Oregortus v Nazia/iz
.
an
d.
itnr
Thcologe
(43 r)
Council of Ephesus
History. Against the errors of Ncstorius the Third General Council defined the true personal unity of Christ. It also declared
Mary
the
Mother of
to defend
by denying
The
it
ing the
it
two natures
tion of the
Christ's
were condemned.
* cf n these schooIs Dict d e thiol
cath^ I, 805-23, 1435-39; Nelz, Die tbeologischen
'
Scbulen d. morgenl'dndischen Kitchen, Bonn,
1916; Kirsch, Die Kirche in d. cmtiken
gnechtsch.-rdm. Kulturwelt,
pp. 529-35.
2
-
Epist.
>
LXXI ad
343.
70
The fundamental
which
two natures
are united in
nature without
its
con-
Jesus of Nazareth and the divine Word are two distinct persons. What is
divine and human in Christ is united by a union that is external and moral.
The Word dwelt in the man Jesus, the son of Mary, as in a temple. 1 he
is
Were
she the
Mother of God,
then
Word would
system.
The trouble began when, shortly after his elevation to the patriarchate
of Constantinople in 428, Nestorius set forth his doctrine in a series of
sermons, which at once aroused the opposition of his clergy and people
Cyril of Alexandria, who soon received news of the doctrinal innovations,
lost no time in taking steps to repress them. After several warnings, in
reply to which Nestorius as much as told him to mind his own business,
he forwarded his correspondence with the heresiarch to Pope Celestinc,
asking him to
bishops in
settle
Rome
In his reply to Cyril he charged him to assume his authority and in his
serve notice on Nestorius that unless he formally recanted within
name
ten days after receipt of this notice, he was to consider himself excommunicated and deposed. On receipt of these instructions, Cyril (November, 430), with the aid of his suffragans in council assembled, drew up a
form of recantation, a formula of belief which the heretic was to subscribe
if he decided to submit to the decision of the Pope. The formula begins
COUNCIL OF EPHESUS
it.
Supported by
counter-anathematisms,
in
his friends,
which he
he issued
insisted
in
reply
a set
of twelve
on the orthodoxy of
his
own
However, before
the Emperor's invitation, the Pope approved his action and informed him
of his inability to attend in person but announced that he would send
representatives.
number
with
his
Flavian
came
few days
later.
Memnon
and his suffragans nor the papal representatives had vet arrived. On that
day Cyril received a note from John saying that he was in the vicinity
of Ephesus and w ould be there in five or six davs. The opening w as delayed
sixteen days, and John had not yet arrived. To the majority it was clear
that this delay was intentional;
John being an old friend of Nestorius did
not wish to take part in his condemnation. The heat was intense and several bishops had already
succumbed to it. Then came another note from
penzinger, Enchiridion, nos. M3-24; Mahc, "Les anathematismes de saint Cyrille
^
a Alexandrie,"
in
Revue
j2
be deJohn, saying that he did not wish the opening of the council to
do
layed on his account, and suggesting to Cyril that he proceed and
what should be done. Cyril and the majority of the bishops decided to
and
wait no longer. In spite of remonstrances from sixty-eight bishops
from the imperial commissioner Candidianus, who also was a friend of
the
the heretic, the council assembled on June 22 in the cathedral of
Theotokos (Mother of God). Cyril, as patriarch of Alexandria and as
representative of the pope in the absence of a reply from Rome he con-
The
still in force assumed the presidency.
council opened with the reading of the Nicene Creed and the correspondsidered his commission to be
ence between Cyril and the Pope and Nestorius. Citations to Nestonus to
who
present himself went unheeded by him. Of the sixty-eight bishops
had demanded a delay and refused to take part, about twenty rallied to
the support of Cyril and the council; the rest, together with the suffragans
well
of Nestorious, remained away. The session continued all day and
into the night. Since the excommunication
and
by
the
Pope was
still in
force,
Nestorius had contumaciously refused to answer the threefold sumenjoined by the canons, the sentence of the council was as follows:
as
mons
"Since in addition to other things, the most impious Nestorius has neither
citation, nor received the most holy and God-fearing bishops
obeyed our
whom we
ings.
And
sent to him, we were compelled to examine his ungodly teachhaving discovered from his letters and from his writings, as well
as
been
Roman Church, have with many tears arrived at this sorrowful sentence
Our Lord Jesus Christ, who has been blasphemed by him,
against him:
has denned
by
this
is
excluded from
communion." 4
This sentence received the signatures of more than two hundred bishops.
To forestall the dissemination of false reports by Candidianus and others,
the council wrote to the Emperor and to the people and clergy of Constantinople, informing them of what had taken place at Ephesus from the
citation of Nestorius to his deposition. Similar letters were sent by Cyril
to his friends in Constantinople and to some Egyptian bishops and priests.
Five or six days after the first session, John of Antioch arrived with sixall
sacerdotal
121 1;
Hardouin,
I,
1422; Hefele-Leclercq,
II, 311,
COUNCIL OF EPHESUS
73
On
jectus,
July
10,
and the
Roman
priest Philip.
two
bishops, Arcadius
The former
and Pro-
represented the
Roman
also a
the acts of the first session, declared the sentence against Nestorius canoni-
instructions,
Now
the Pope's legates have arrived and have formally confirmed the sentence of Ephesus.
Cyril felt himself reinforced with this formal approval, and decided
to take action against
sessions,
John of Antioch.
To
this
in the cathedral.
now
two
Memnon he
John, who was
Together with
who
74
a circular letter to
six
canons,
all
of Nestorius.
Theodosius, who,
largely
heretic,
the
now
at
the instigation of the same enemies of Cyril, reached the almost incredible
conclusion that he should confirm the depositions decreed by both councils;
that
is,
Memnon by
bv
the pseudo-council of
to meet
out.
him
Among
discussions the
deposed.
He
Memnon
headed by the former as the legitimate one. After choosing the priest
Maximian to replace Nestorius as patriarch of Constantinople, the council
was dissolved about the beginning of October, 431. 3
5 Mansi, Concil. nova et ampliss.
coll., IV; Hardouin, Concil coll., I; Schwartz, Acta
conciliorum otcumen., Tome I: Concilium universale Ephescnum, Vol. IV-V, Leipzig*
1922-26; id., "Zur Vorgeschichtc d. ephes. Konzils," in Hist. Zeitschrift, CXII (1914^
237-63; id., "Neue Aktenstiickc z. ephes. Konzil v. 431," in Abhandl. d. Bayr. Akad. J-
Wiss., Phil. -hist. Klasse, 30, 8, Munchen, 1920; id., "De episcoporum caralogis concil 11
ephesini I," in Miscellanea Ft. Ehrle, II (Romae, 1924), 56-72; Hefclc-Leclcrcq, Hiswire des conciles, II, 219-377; Kirsch, op. cit., pp. 544-58; Duchesne, Early History of
the Christian Church, III, 2x9-56; Tixeront, History of Dogmas, III, 10-51; Otten,
Manual of the History of Dogmas, 1, 387-400; Batiffol, Le Siege Apostolique (Paris,
1924)1 PP- 337-97; Fortescue, The Lesser Eastern Churches (London, 1913), PP- 54~8 7;
Haase, Altchristl. Kirchengesch. (Leipzig, 1925),
279-93; Fendt, Die Christologte
pp.
COUNCIL OF EPHESUS
CANON
Summary.
75
If
Comment. This canon was addressed to those bishops who did not attend the council either because of their health or on account of matters
connected with their Churches. Its purpose was to inform them of the decisions arrived at and the resolutions adopted in regard to Nesrorius and
his followers.
By
following canon,
was
is
a disciple of Pelagius,
des Nestorius, Kempten, 19 10; Jugie, Nestorius et la conn averse vestorienne, Paris,
1 91 2; Bethune-Bakcr, Nestorius
and bis Teaching, Cambridge, 1908. For further literacit., 829 f
8 Migne,
PL,
VIII, 63-108.
XL
76
CANON
canon
Summary. Orthodox
clerics
or-
canon 4
Summary.
Clerics
who
Text. If any clerics should revolt and dare either publicly or privately to hold with Nestorius or Celestius, the holy council decides
that these be deposed.
canon
Summary.
Nestorius,
it
anyone condemned by
shall profit him nothing.
If
this council
or by his bishop
is
received by
condemned
either
canon 6
Summary. Anyone aiming
deposed;
if
laic,
to
be
excommunicated.
Text. Similarly, in regard to all who shall aim to undo in any way
this holy council of Ephesus, the holy council de-
any decision of
COUNCIL OF EPHESUS
cides that if they be bishops or clerics, they are to
their ranks (deposed) ; if laics, excommunicated.
Comment. The
laics referred to
here arc
first
77
be expelled from
cil
(451)
Council of Chalcedon
History. To Nestorius the union of the divine and human natures in
Christ was not a union in one hypostasis but rather a conjunctio rntimhsima et inseparabilis. Stressing the distinction of the two natures, lie was
forced to postulate a dual personality in Christ. St. Cyril, on the other
hand, maintained the personal and hypostatic union, two perfect and disone Person. This teaching had been defined by Pope
Cclestine and the Council of Ephcsus. There were, however, among the
followers of Cyril those who, actuated by an excessive dislike of Nestorianism, went to the opposite extreme, minimized the human element and admitted only one nature in Christ. According to them the human nature
pletely absorbed
by the
divine.
COUNCIL OF CHALCEDON
79
Christ's consubstantiality
meantime he
left
no stone unturned
its
to induce the
people to his
Fmpcror
to
side. In
convoke
for the opening. Though he was not consulted and did not wish to submit the matter to a council, the Pope agreed. In violation of the canons,
Dioscurus restored Eutyches to communion with the Church and to the
government of his monastery, even before the council, which was called
to examine the matter, had given a decision on it; and despite the facts
that Eutyches had been excommunicated by a competent tribunal and
that
The
The original text of this famous letter, with the omission of a few unimportant
sentences, is given in a note in Hefele-Leclercq, II, 569-80. In the Ballerini edition of
the works of Leo I, letter
English translaPL, LIV, 755-82).
1
28,
tion of
it
may
be found
in
I,
801-37 (Migne,
An
Fathers, id scries,
XIV,
254-58.
8o
had already defined. On several occasions the legates demanded that the
Pope's letters be read, but they were completely ignored; and so were the
letters. Instead there was read a letter of the Emperor ordering the admission to the council of that notorious and fanatical anti-Nestorian monk,
Barsumas of Nisibis, with his mob of equally fanatical monks. Under these
circumstances, Eutychcs the heretic was declared orthodox and reinstated,
and all those bishops who opposed the decision of the council were sent
into exile by the Emperor. Flavian of Constantinople was mobbed by
Barsumas' monks and died shortly after.
On account of the injustices and gross violence of Dioscurus and his
henchmen, Leo I christened it a Latroc'mium, a Robber Council, a name
which history has retained. While the Emperor sanctioned its misdeeds,
the Pope in a Roman synod condemned it and repudiated its acts. The
Pope now appealed to the Emperor to convoke a new general council to
undo the injustices of that of Ephcsus, but he declined. His sudden death
450 completely changed the religious situation in the East, and it was
thought that the way was now open for the assembling of another coun-
in
cil.
thodox.
the
mind;
first,
been in a great measure repaired. The victims of Dioscurus and his satellites
had been recalled from exile. Eutyches had been lodged in a stronghold
2 Hefele-Leclercq, Hist, des conciles, II,
499^21; Appelatio Flaviani. The Letters of
Appeal from the Council of Ephesus 449, ed. Lacey, London,
1903; Haase, Altchristl.
Ktrchengeschichte (Leipzig, 1925), pp. 293-99; art. "Dioscurus,"
in Catholic Encyclo-
pedia.
COUNCIL OF CHALCF.DON
8l
/Many of those
some others who thus far had shown no signs of repentPope had made up his mind to attend to these himself. The Pope
accordingly wrote to the Emperor, giving the reasons for his change of
mind. However, before receiving this letter, Alarcian, wishing that this
Jerusalem, and
ance, the
assembly, issued
on
May
by such an
that of Valentinian
in Bithynia,
to attend.
I,
epist.
CXVIII. Versio
antiquior,
100;
82
cil
protested against the place that Dioscurus had taken among the bishops
council-chamber, declaring that he was on trial for heresy ami for
in the
the imperial commissioners to a scat in the middle of the church, and immediately Eusebius of Dorvlaeum arose to accuse him formally of heresy.
This occasioned some violent scenes, for he was not without supporters. In
the third session (October 13) he was deposed and at the conclusion of
it
sufficient to
would be an
ond session,
expression of their
In
call the
COUNCIL OF CHALCKDOV
mission appointed for that purpose
8}
approved by it. Most of the bishops accepted it. The papal legates, howand a few bishops declared it ambiguous and therefore unsatisfactory.
It did not embody Leo's definition as expressed in his dogmatic letter.
The
ever,
legates held out against the opposition, and finally declared that unless a
formula were adopted in perfect agreement with the Pope's letter, they
would return home, and a council would be held in the West. A newcommission was appointed, which in the presence of the legates drew up
another formula. This w as accepted. After an introductory statement that
the bishops present accepted the Creeds of Xicaca
tinople (381)
letter
of Leo, the
thers,
we
as
document proceeds: "Following, therefore, the holy faconfess and teach with one accord, one and the same Son, our
Lord Jesus Christ, perfect in I lis divinity and perfect in I lis humanity,
true God and true man, having a rational soul and a body, consubstantial
with the Father in His divinity and consubstantial with us in His humanity,
like unto us in all things, sin alone excepted; in His divinity, begotten
of
all
His humanity, born for us and for our salvaof the Virgin Alary, Mother of God; one and the
same Christ, Son, Lord, Only-begotten, to be confessed in two natures,
without confusion, without change, division, or separation, for the union
does not destroy the distinction of the natures, but rather each retains its
own being and characteristics and is united to the other in one person and
hypostasis not as though divided or separated into two persons, but one
and the same Son, the Only-begotten, God the Word, the Lord Jesus
all
ages, in
Christ, as the Prophets of old (have spoken), and the Lord Jesus Christ
Himself has taught us, and as the Creed of the fathers has handed down
to us."
The
sixth session
and approved. The Emperor amid joyful acclamations addressed the counproposing the subject-matter for some disciplinary decrees. Its chief
purpose being accomplished, the council devoted itself in the following
sessions to the consideration of secondary matters, pertaining mostly to
questions affecting individual bishops and their sees, that had been brought
about by the decisions of the Robber Council or since then. In the fifteenth
cil,
4
left
no
the council-chamber; the latter for reasons of their own, the former
doubt because they had been forewarned or had foreseen that the
question
would be determined,
since Constantinople
as
is
it
actually
of the
was
in
bishop
canon
28,
of
Constantinople
which decreed
its
bishop
that,
also
should enjov special prerogatives and be second in rank after the bishop
of Rome. When the legates learned what had taken place during their
absence, they called for another session on the following day, at which
they protested against this canon, alleging that it militated against the sixth
and seventh canons of Nicaca and was contrary to the instructions they
had received from the Pope. Needless to say, their protests were without
avail.
The
council inserted
encountered from
Rome
it
it
in
its
acts,
all
it
early collections of
canons.
The
council
came
to a close
on November
1,
of its opening, but its dogmatic declarations did not terminate the controversy which it had been convoked to settle. The decision of Chalccdon
has never been accepted by the entire East, with the result that a large
proportion of its people are Monophysites to this day. The council did
not write to the Pope for a confirmation of its acts. The signatures of the
legates were considered as a sanction or papal confirmation. It did write
to him, however, for a confirmation of the twenty-eighth canon. But naturally this confirmation was refused. During the second half of the year
452, erroneous and misleading reports went abroad in some provinces of
the Eastern Empire, to the effect that the Pope had in certain letters repudiated the decrees of Chalcedon. These reports gave a powerful im-
February
the churches and thus no longer leave any doubt as to his complete acceptance of it. In accordance with this request, the Pope without delay
issued a circular letter, dated March 21, 453, addressed to all the bishops
who had attended the council. 10 In the same letter he tells the bishops that
the regulations of the fathers of Nicaea must remain unchanged, thereby
repudiating the twenty-eighth canon. 11
1 "
For the letters of the Emperor and the Pope, cf. Ballerini, I, epp. CX ct CXIV;
PL, LIV, 1017-19, 1027-31.
11 Mansi, VI-VII; Hardouin, II; Schwartz, Acta conciliorum oecttmen., Tome II:
Concilium universale Chalcedonense, I, 1, 2, 3, and III, 1, Leipzig, 1933-35; HefeleLeclercq, II, 634-857; Kirsch, Die Kirche in d. antiken griechisch-rom. Kulturwelt, pp.
5 59-72; Haase, "Dioskur v. Alexandria u. d. Konzil v. Chalcedon im Lichte d. niono-
COUNCIL OF CHALCEDON
85
Text. We have judged it right that the canons thus far enacted
by the holy fathers in every council should remain in force.
caesarea (315).
These constituted the earliest Greek collection, which
goes back to the early part of the fourth century. At a later period, on account of their importance, the canons of the First General Council, Nicaea
(3 2 5) were placed at the beginning of this collection, and those of the
Synod of Gangra (ca. 340) were placed after the canons of Neocaesarea.
At
Antioch (341) were added. In this colleccanons were reckoned by an uninterrupted sequence of numbers.
Thus we have the following arrangement:
tion the
9*5 #
Zettscbr.
1.
Nicaea
2.
Ancyra
canons
21-45
46-59
60-79
80-104
3.
Neocaesarea
"
4.
Gangra
"
5.
Antioch
"Das Nicaeum
u. d.
"
Consrantinopolitanum auf
XXV
1-20
"
d.
Synode
v.
Chalcedon," in
neutestamentl. Wissenschaft,
(1926), 38-88; Tixcront, History of
76-94; Otten, Manual of the History of Dogmas, I, 401-11; Duchesne,
Early History of the Christian Church, III,
271-315; Batiffol, Le Siege Apostoliquc
(Paris, 1924),
pp. 493-589; Blotzer, "Der HI. Sruhl u. d. dkumcnischen Synoden d. Altertums," in Zeitschr.
f. kath. Theologie, X (1886), 67-106; Fortcscue, The Lesser
b*stern Churches (London,
1913), pp. 163-81; The Letters of Pope Leo I in Migne,
rL, Vol. LIV; Teetgen, The
Life and Times of the Empress Pulcheria, London, 1907.
16 ' literature cf Kirsch, op. cit.,
830 f.
12
Unlike the essential principles of the constitution and government of the Church,
ecclesiastical legislation was the
product of a gradual growth. During the period of the
persecutions, that is, up to the time of Constantine the Great, such legislation was necessarily very meager.
In her discipline the Church was governed largely by tradition
and custom, and whatever
written laws existed were purely of a local and provincial
character. Though a society
of civilized members, from the viewpoint of law her posion did not differ so
much from that of primitive communities, where law as yet exists
only
its rudimentary
stages. Greater disciplinary uniformity existed, of course, between the Churches of the
great metropolitan sees, Rome, Carthage, Alexandria, Antioch, and later Constantinople,
and the Churches immediately dependent on them. Later
c !Pl*nary decisions of bishops from various localities in synods assembled, formed
T~
th
the beginning of
local canon law. These decisions were gathered together at various
nes by private persons and formed codes or collections, which gradually found their
*y om one country to another and became the nucleus or basis of general canon law.
J
Maassen.
Gesch. d. Ouellen u. LUeratur d. can. Rechts (Gratz, 1870), pp. 123 f.
Dogmas,
n?
f.
III,
'
86
These 104 canons constituted the ancient code of the Church up to the
Council of Chalccdon. That they are the corpus that the fathers of the
council had before them is indicated by the acts of the council, though
our meager sources do not permit us to give a detailed description of its
construction. For instance, in the fourth session (October 17) Acrius the
archdeacon of Constantinople read the 4th and 5th canons of Antioch as
14
and in the eleventh
canons 83 and 84 of the collection he had before him;
session (October 20) the 16th and 17th of Antioch were read as canons
05 and 06.''' To this collection were added later the canons of the Synod
of Laodicca and those of Constantinople and F.phcsus. Most of these were
or provincial councils whose authority was necessarily very reheir
and in the case of Antioch in some respects even doubtful.
endorsement by a general council naturally added to them a broader oblocal
stricted,
ligation.
"
CANON
Summary. Those who conferred
Text, If any bishop has conferred sacred orders for money and
put to sale the grace that cannot be sold, and for money ordained
17
a bishop, chorepiscopus, priest, deacon, or any other cleric, or for
" Mansi,
" Ibid.,
VII, 83.
282 f.
Cicognani, Canon Law (Philadelphia, 1934), pp. 192-97. In any study of the ancient collections of canons, two works of prime importance are that of Alaassen, referred to above, and the Tractatus de antiquis collectionibus et colic ctorib its catiouum
by the Ballcrini brothers in the third volume of their edition of the works of Pope
i
Leo
17 The chorepiscopi in the Eastern Church were rural or country bishops in episcopal orders having limited episcopal functions. The earliest mention we have of them
is in the latter half of the second century. In the beginning, it seems, they were indcCendent and exercised all or most of the episcopal functions in their respective districts,
ut from the second half of the third century they were subject to the bishops of the
city. They could confer minor orders, which included the subdiaconatc. The first conciliar references to them arc those of Ancyra (314) and Ncocacsarca (315)- The former
in canon 13 and Antioch (341) in canon 10 forbade them to ordain deacons and priests
without the written consent of the bishop of the city to whom they were subject. The
(343-44) in canon 6 decreed that no chorepiscopus should be consecrated for any village or unimportant town for the spiritual services of which a single
priest is sufficient. In canon 57 the Synod of Laodicea (343-81) prescribed that chorepiscopi should be replaced by priests who have no fixed abode.
find a reference to
them also in the second part of canon 8 of First Nicaea. St. Basil (d. 379) addressed two
letters (53 and 54) to the chorepiscopi of his diocese, in the former of which he takes
them to task for conferring orders for a pecuniary consideration, and in the latter re[>roves them for promoting persons to orders without any previous examination of their
ife and character. In the East the Second General Council of Nicaea (787) is the last
Synod of Sardica
We
COUNCIL OF CHALCEDOX
money, for the gratification of his
87
own
base greed, appointed a steward, advocate, sacristan or any other servant in the church, he shall,
if convicted, imperil his rank; but the person so ordained or promoted shall gain nothing, but shall be deprived of the dignity or
office thus obtained. Should anyone be proved to have been an intermediary in these disgraceful and unlawful transactions, he shall,
if he be a cleric, be deposed
from his rank; if a layman or monk,
anathematized.
is
practices that
had developed
with a church.
From
in
Church were practically free from this offense. It was when persecutions
ceased and a spirit of worldlincss set in and bishoprics became objects of
secular ambition, that the seed of the evil fell
upon receptive
soil.
The
rapid spread of
to
WC
th'
rtiJ
ruf
L
where ample
literature
is
given.
88
18
ordinations at rates proportionate to the value of the sees concerned.
St. John Chrysostom in a synod presided over by him at Ephesus deposed
While still at
six bishops who had obtained their sees simoniacallv.
Antioch, he complained that many had received the priesthood for
11
'
money. 20
The
simony, so far as
we know,
is
canon 48
of the Spanish Synod of Elvira (ca. 305), though this canon as it stands
seems to be a precaution against the evil rather than a condemnation of it.
There arc a few synodal decrees of a later date, but these seem to deal with
rather indirectly.
evil that
simoniacal transactions.
The
26,
office of
which
Church steward
(oUovofjux;) will
The
an official advocate or counsel whose chief duty it was under given circumstances to represent and defend in the secular courts and before the
emperor the rights and possessions of the particular church for which he
was appointed and also the civil rights and affairs of the ecclesiastics connected with that church. His prototypes were the civil or municipal defensores, who were appointed especially to protect the poor and weak
against the encroachments of the rich and the arrogance of the fiscal
agents. The legal force of the term is expressed by a law of Valentinian I,
Nec idem in eodem negotio defensor sit et quaesitor. About the year 400,
the bishops of Africa called for defensores to protect the poor against the
oppression of the rich. 21 Gregory the Great speaks of them as protectors
of the poor, 22 of the injured, 23 of Church property, 24 and as agents of the
pope to enforce
Flavian,
At
clesiastics.
the
20
De
21
Mansi,
Virginitate, 24.
III,
778, 970.
22 Epist.
23 Epist.
V, 29.
X, 53.
2 * Epist.
IX,
"Epist.X,
18.
1.
COUNCIL OF CHALCEDON
89
summon
ployed to
till
clesiastical institutions
who
in
intolerable
burden to their
culty,
much
of which
created
by
the
Bingham, Beveridge, and others) write paramonarios; while the InterpreDionysii has in parentheses, vel mansionarium, which was adopted by
tatto
Gratian
27
"Mansi, VI,
C8, CI,
608.
qT
27
w5ST"u!?
b Worsh*P'>
its
90
conclusion the canon deals with those persons who act as agents or intermediaries in the purchase and sale of ecclesiastical offices. The same punishment is prescribed for monks and members of the laity, because in those
as a rule
laymen. 31
canon
No
bishop, cleric, or monk shall engage in secular traffic or business, except in the interests of minors, orphans, or other needy persons.
Summary.
Text. It has come to the knowledge of the holy council that some
of the clergy for sordid gain become tenants of the estates
of others and engage in secular occupations, neglecting the service
of God, insinuating themselves into the houses of the people of the
world, and from covetous motives undertake the administration of
their property. The holy and great council has decreed, therefore,
that in the future no bishop, cleric, or monk shall be engaged in
farming estates or in business, or undertake secular administrations,
unless he be summoned by law to assume the guardianship of minors
and cannot escape that charge, or the bishop of the city should commission him, because of the fear of the Lord, to manage ecclesiastical
affairs, or the affairs of orphans and widows not otherwise provided
for, and of such persons as especially need the aid of the Church.
If anyone in the future transgresses this ordinance, he shall undergo
the ecclesiastical penalties.
members
its
the
COUNCIL OF CHALCEDON*
*-
Sr.
with little effect. Thus the Synod of Carthage in 597 forbade all clerics to
be conductores or procuratores of secular affairs, or to make their living
idlo turpi vel inhoncsto negotio, but to bear in mind the words of the
Apostle:
"No man,
business."
34
At
being
a soldier to
"'
communione
alienus
repetition of the
with the
assume the guardianship of minors or orphans
and the care of widows only
(1) when he cannot lawfully escape that
charge, or (2) if he is commissioned by his bishop. However, the bishop
may commission him only in case these orphans and widows are not otheraddition: that a cleric
own
may
With
pursuits
mean
session,
by
clerics
is
larger
long as
it
does
it
does not interfere with the ministerial duties of the cleric; what
is the secularity of the motive back of the occupation.
condemn
"Dehpsis,
"MansUH,
6;
ed.Hartel.
*
883,c. I5
9*
As
a matter of fact,
work
ment.
cleric
at
some
trade, provided
it
that a
Monks, though most of them were laymen, were not exempt from
prohibition, because to hire out for gain, for the sole sake of gain,
speaks of
as
life. St.
this
is in-
Jerome
in
the world.
CANON 4
Summary. Monks
are forbidden to
mon-
astery or an oratory without the permission of the proper bishop, to receive into the
They
recommended
are
to a
life
Text. Those who lead a true and sincere monastic life ought to enjoy due honor. Since, however, there are some who, using the monastic state as a pretext, disturb the churches and the affairs of the
state, roam about aimlessly in the cities, and even undertake to
establish monasteries for themselves, it is decided that no one shall
build or found a monastery or a house of prayer without the consent
of the bishop of the city. It is decided furthermore, that all monks
in every city and country place shall be subject to the bishop, that
they love silence and attend only to fasting and prayer, remaining
in the places in which they renounced the world that they shall not
leave their monasteries and burden themselves either with ecclesiastical or worldly affairs or take part in them unless they are commissioned to do so for some necessary purpose by the bishop of the city
that no slave shall be received into the monasteries and become a
;
monk without
Whosoever transgresses
Comment. Except
going one,
is
by Marcian. It was
Eastern monks who
in civil
and
for a
few
first
of those proposed
ecclesiastical affairs
and
from Ephesus
all
the
gath-
ered in that city for no other purpose than to watch the council. Probably
occasion for our canon was given
COUNCIL OF CHALCEDON
of their bishops and had
diction
93
Cyrillian
party,
Christ
all
who
At
the
but also
tary force
leadership
known.
well
is
ing the
be the
The
its
17, 451,
he appeared with
monks overran
his followers at
He was
declared
Syria
Chalcedon dur-
by
the bishops to
of Syria,
The
On
October
and on
by more than
of Barsumas.
restrictions
they always
logical
soldiers.
controversies raised
later in the
exemptions.
to
in
and that
Both
in the East
all
is
and
monks were
West, canonical
legislation
tended
(506)
canon 27 forbade the erection of a monastery without the consent of
the
declared that
ject
to the
plication
monks
shall
multi-
gradually in freeing
by Pope
property;
Monasteries
'
ordinary
628
was placed
Irish
by Pope Honorius
I directly
Italy,
which
in
Blumenstok,
Exemtion d.
(Freiburg
i.
94
authority of the
and monasteries became the rule. The legislation consequent upon this
reaction inaugurated a system of monastic exemptions of which Monte
Cassino, St. Martin's of Tours, Einsiedeln, Fulda, St. Augustine's of Can-
terbury, Westminster Abbey, St. Alban's, and others are outstanding examples. 89
When,
to their
who
vito,
be deprived of
it.
CANON
Summary.
Clerics
who go from
Text. In regard to the bishops and clerics who pass from one city
to another, it is decreed that the canons enacted by the holy fathers
shall
is
Bish-
ops and clerics are forbidden to leave the Church for which they were
ordained and pass over to one in another city, in violation of the rule, Ubi
quisque ordinatur,
ibi
canons
3,
21; of Sardica,
canon
1.
subse-
York
we
habemus in alia ministrare; ministrantem vero talker a suo submoveri officio, donee reconcilie40
The Synod of Chelsea (787), speaking in canon 6 of
tur ecclesiae suae.
38 Shahan, "An Old Irish Monastery in the Apennines," in Am. Catholic Quarterly
Review, XXVI (1901), 436-52.
39 On the monastic life anterior to the Council of Chalcedon, cf. Schiwietz, Das
morgenlandiscbe Monchtum, 2 vols., Mainz, 1904-13; Besse, Les moines d'Orient anterieurs au Concile de Cbalcedorne, Paris, 1900; Marin, Les moines de Co?istantinople
depuis la fondation de la ville jusqu'cl la mort de Photius ( 330-898), Paris, 1897.
40 Councils and eccl. Documents relating to Great Britain and Ireland,
III (ed. Hadden and Stubbs, Oxford, 1871), 406.
COUNCIL OF CHALCEDON
the ordination of priests and deacons, adds: et in
Mo
95
ad
presbyterum out diaconum suscipere praesumat, absque causa rationabili et Uteris commendati41
However, already early in the fourth century the Church found it
tiis.
necessary to make exceptions to this rule, and within the same century
exceptions had multiplied exceedingly. Perhaps it was the unnecessary increase of such exceptions that induced the council to renew this ordinance.
quern consecrati sunt, ita ut millus
de
titulo perseverent
alterrus titulo
CANON 6
Summary,
No
one
is
so
to
them.
Comment. This canon forbids ordination without a title, that is, somewhich guarantees a cleric an honorable subsistence. In the early
Church and for a long time after our council, the law prohibited the ordination of anyone even to minor orders who had not some definite ecclesiastical charge in a church assuring him of a respectable living. The church
for which he was ordained was called the titulus ordinationis, and the candidate himself was said to be mtitulatus. Later it became customary to confer not only tonsure and minor orders but also the major orders without a
title. Those so ordained were known as clerici vagi or acephali. To put an
end to this practice, Alexander III in the Third Lateran Council (canon 5)
compelled bishops who should ordain priests and deacons without a title
to provide from their own episcopal funds a suitable maintenance for such
clerics, should they be in want, till they have received a title that will as-
thing
sure
to
subdeacons,
J6J.,45i.
C.
solute
16,
X,
De
LV
praeb., Ill,
Ordination u. die
Gesellschaft,
Innozenz'
in Hist.
96
ficii,
village,
church in a
city,
or to one in a
means a church, or more properly a chapel, built over a marWest such chapels were called memoriae martyrum.
(ftapTvptov)
The council
Though it used
in
mind "void of
Trent
in
word
effect" through
is,
it had
permanent suspension. 44 The Council of
it is
canon of
Chalcedon. 45
CANON
Summary.
monk who
cleric or
We
Text.
among the
the military service or accept any secular dignity. Those who dare
act thus and do not so repent that they return to the vocation they
once chose for God's sake, shall be anathematized.
Comment. According to the Greek commentators Balsamon and Zocanon was directed against such clerics and monks as had actu-
naras, this
ally
abandoned their
religious vocation
canons 81 and 83
and
who combine
with
garb
are contained
have
in
view
of those
clerics
who
ecclesiastical
and threatens them with excommunication, the severest ecclesiastical penalty. Ordinarily an offense which in the case of clerics carried with
it only deposition, in the case of laymen was punished with excommunica-
service,
tion (cf.
canon
8, infra).
who
aban-
don their religious vocation to engage in military and other secular service
as becoming eo ipso laicized and in the infliction of penalty treats them as
laymen. Such desertion was regarded with disfavor even by the civil authorities, and the deserter was liable to severe punishment. This canon was
renewed some years
later
by
COUNCIL OF CHALCEDON
97
CANON 8
Summary. Clerics in poorhouses, monasteries,
tion of their
respective bishops.
Those who
etc., shall
jurisdic-
Text Clerics of poorhouses, monasteries, and oratories shall remain under the jurisdiction of their respective bishop in each city,
in accordance with the tradition of the holy fathers, and shall not
indulge in self-will or rebel against their bishop. Those who dare
in any manner transgress this ordinance and refuse submission to
their bishop, are, if clerics, to incur canonical censure (deposition),
if
Comment. The word vrwcttov in the text means poorhouse in a someis understood today. It brings to mind
the charitable institution established about 369 by St. Basil in the suburbs
of Caesarea. It
Sozomen called
it
was the
with seventy
beds for the sick and poor,49 and several such institutions ex-
Egypt. 80
isted in
clerics referred
The
Bassianus
the spiritual
who were
entrusted with
81
Following the tradition of the holy fathers, the council
any claim on the part of such clerics to be exempt from the juris-
and oratories.
rejected
diction
care
of their ordinaries.
The
is
that constant
and solicitude which the Church has exercised in behalf of the poor
from the times of the Apostles. The bishop was the adminisChurch property and the director of poor-relief. He was assisted
deacons and deaconesses, who were accountable to him alone. The
and afflicted
trator
of
by the
responsibility
office,
spiritual
is
and
it is
34.
63. Cf. also St. Basil, epist.
XCIV.
Mansi, VII, 277; Hefele-Leclercq, II, 756.
w Mansi, VI, 1013. On such institutions in general during
*a
Oratio XL1I1,
Thomassin, Vetus et
51
On oratories,
cf .
the
first
98
to his jurisdiction.
The
as
CANON 9
Summary. Disputes among the clergy must be
settled
synod of the province, the exarch, or the bishop of Constantinople, and not
in secular
tribunals.
Text. If any cleric has a cause against another cleric, he shall not
disregard his bishop and run to secular tribunals, but he shall first
lay the case before his bishop, or, with the consent of the bishop, before persons by whom both parties shall agree to have the rights of
the case adjudicated. If anyone act contrary to this ordinance, he
shall incur canonical censure. If a cleric has a cause against his own
or some other bishop, it is to be decided by the synod of the province.
But if a bishop or a cleric has a cause against the metropolitan of
the province, he is to take his case either to the exarch of the diocese
or to the see of Constantinople, and have it settled there.
Paul
St.
(I
It
of disputes
among
that a Christian
among
they preferred to do
his court,
be considered
so,
as finally adjudicated.
civil
power, especially
all
52
in
cases,
once
settled before
Later,
when
the Christians
Rome,
any reason to adhere to the command of the Apostle, and the Church
gradually permitted them to take their differences either to ecclesiastical
or to
civil tribunals.
III insisted
To
office was a
heavy one, and he expresses his impatience with the importunity of those
who, inspired by selfishness, force their disputes upon his time.* 4
This canon concerns itself with recourse by ecclesiastics to secular tribunals, which the Church regarded as a transgression. It includes disputes
of both a religious and non-religious or civil character. It is true that the
civil causes
civil
St.
82
Sozomen,
53
Hefele-Leclercq,
m Enarr.
Church
it
much
as did the
the
1, 9.
in Psalm.
II,
CXVII1,
24, 3;
1,
339
ff.
COUNCIL OF CHALCEDON
judged by laymen.
should be
whether engaged
clerics,
in ecclesiastical
55
99
or
civil suits,
all
causes relating to
Honorius in 309
de religione agitur> episcopos convenit judicare;
usum publici juris pertinent y legibus
caeteras vero causas quae ad
7
oportet audiri.* Somewhat later the same Emperor enacted: Cleric os non
to secular
nisi
word
the
whether
first
be of an ecclesiastical or
it
before his
civil nature,
first
or a
monk
imperial
with
If,
laic
opponent, and he
he
shall
shall decide. If
then he
is
shall
bishop to
69
The
to take cognizance of
Apostolic
Should
them on Mondays,
this
so that
there will
he
is,
he
the imperial
In this
his decision,
within ten
method
is
or a deaconess or a nun or an
its
against a cleric
he
is
60
sides
bishop;
there.
61
but
if
The Synod
men to bring
MC.43.
of Orleans (538) in canon 32 forbade clerics and layeach other in a civil court without the consent of
suits against
CXI,
q.
1.
60
Lib.
11
II,
IOO
Macon
Roman Empire
The
bishop,
slight, if
Empire
cleric before
politan
is
between
had no
clerics
that in the
and
Roman
between a
cleric
civil judge.
and
his
own
85
or another bishop,
would
If the
disputes
all
may be added
matter in dispute
is
canon
between a
5).
cleric or a bishop
may take
he was
known
as primate,
which
official,
West
the patriarchs, but to the exarchs of the East. In the eastern portion of
"Home
Mansi, DC,
its
19.
3 Ibid.,
923.
64 Grashof,
i860.
86
Sagmuller, p. 341.
Fortescue,
he Orthodox Eastern Church, pp. 21-25; Silbernagl, Verfassung u.
gegenwiirtiger Bestand s'dmtlicher Kirchen d. Orients, Regensburg, 1904; MUasch, Das
*6
COUNCIL OF CHALCEDON
IOI
bishop the privilege and distinction of judging the cases of clerics and
bishops against metropolitans who belonged to dioceses other than his own
and over
whom
was
there
Constantinople assumed,
was
in
tyches
for
Constantinople
and
3, 4,
new
however
first
time condemned.
What
is
was swayed
true,* Cnalcedon in
Church, but
it
by an anti-Western
ecclesiastical status
St.
was more than had ever been done for Rome. Canons
judges. It
by
Rome
drawing up
this
canon had
in
mind
of the Constantinopolitan
by
it
see.
CANON 10
Summary. Ecclesiastics are forbidden to be enrolled on the clergy list of different
cities at the same time. They are to officiate in that Church only for which they were
ordained, or be deposed.
registers) in
namely, for
migration.
migration of a bishop
thus
who had
of authority.
up the
case in
resulted
from
102
CANON
Summary.
when
II
peace only.
Text. All the poor and those in need of help when traveling shall
after an examination be provided with ecclesiastical letters of peace
only and not with commendatory letters, because commendatory letters ought to be granted to those persons only who are in high estimation (open to suspicion).
Comment. From the earliest days traveling Christians were provided with
letters
them admission to communion and social intercourse in the cities they intended to visit. St. Paul makes mention of them in II Cor. 3:1. Evidence of
the great influence they exercised in binding the Christians together
is
fur-
nished us
any part of the world. The fact that the letters of introducwere good only among themselves, probably justifies the conclusion that they were used also, at least to some
extent, among the heretics. Precaution was necessary in the admission to
communion of Christians who had come in the course of travel or by
change of home into a strange community or city. It was through the absence of due precautions that not only the hospitality and generosity of
individual Christians had often been preyed upon and grossly abused, but
the Church also had been not infrequently deceived by the false preten-
needed
it
in
unknown strangers.
The canon distinguishes two classes of testimonial letters to be given to
Christians traveling abroad. One simply attested that the bearer is a mem-
sions of
aid.
of peace," and
need of help, were
to be provided with these only. The Synod of Antioch (341) in canon 7
forbade the reception of any stranger who was not provided with such
"letters
in
commendatory
letters,
namely, such
in the
we have the
man or woman, come in from another parish
as
instruction: "If
brother,
bringing
tory
letters, let
affair,
any
commenda-
inquiring whether
COUNCIL OF CHALCEDON
they be of the faithful
heresy,
And when he
is
woman
defiled
by
or a widow.
and of the same sentiments in the things of the Lord, let him conduct
everyone to the place proper to him. And if a priest comes from another
ful
parish, let
the
deacons;
same
the 13th
or laic
cleric
who
is
and
is
that
received
him and he
that
be lengthened,
as lying to
and de-
Church of God."
were known
as literae
clerics
.
commendatitiae, or
7rpo?w7row).
68
The Greek
thus:
mean
that
commendatory letters are to be given to those clerics and laics who had
once been under ecclesiastical censure and whose character had been or
6
was open to suspicion. * The interpretation, however, that they were
granted to clerics
moreover, by canon
nysius Exiguus, who rendered iv
supported,
is
more
the
13 of this series
natural one. It
is
bonae esse opinioni; and by the Isidorian version, in opere clanores. The Synod of Laodicea (343-81) in canon 42 decreed that none of
the clergy may travel without "canonical" letters. These letters certified
"Prisca,"
to their
larity
A certain amount of laxity and irreguhowever, and sometimes credentials were admitted which
prevailed,
by
by
fraud.
The
34th
Commendatory
letters
were
issued
by
the bishop.
M In the West
With
regard to the
Beveridge, Synodico?i,
104
letters
may
of peace, the
ing bishops
good
Synod of Antioch
letters, that
in
is,
letters
priests
may they send such letters. But country bishops, if they are in
may grant letters of peace. From which we may conclude
standing,
be given by the
CANON
12
No
Summary.
Text. It has come to our knowledge that some, contrary to ecgovernment and by means of imperial rescripts divided one province into two, so that there came
to be
all
tained.
division, then, of a
raised to the
province into
rank of a
civil
two
4, 6).
The
Nicaea, canons
(cf.
rank of a city
is
measured by
It
by
the
its civil
Greek Church
rank. 71
happened sometimes
The
that the
cases con-
civil
title
metropolis, however,
conferred on the city, and the bishop from motives of ambition would
forthwith arrogate to himself
cal metropolitan
all
in two,
71 Cf.
canons
17,
which
it
had considered
much
had
in
less for
mind
the
in the fourth
COUNCIL OF CHALCEDON
session."
The second
Nicaea, with
Summary.
case
is
Unknown
clerics
may
by
illustrated
dealt in
its
CANON
13
not
officiate
IO5
thirteenth session. 78
anywhere.
officiate
own bishop.
Comment. The contents of this canon have been considered in canon
of this series. They were renewed by the Council of Trent: "No cleric
who is a stranger shall without commendatory letters from his own ordi11
nary,
be admitted
by any bishop
74
CANON 14
Summary. Minor clerics are forbidden to marry heretical women, or to give their
children in
marriage to heretics.
cantors to
Comment. In
this
was to read
all
publicly in the
higher standard of
tells
first
us that readers
II,
offices.
Tertullian
II,
761-63.
io6
the lower functions connected with the divine services were performed
by the deacon and partly by laymen. It was only with the expanChurch that the necessity arose of appointing special clerks to
attend to these duties, and as the idea gained ground that everyone who
partly
sion of the
performs an
office in
special blessing
that the
ers,
canons. 80
ers.
81
is
reader.
Another form
and
in
exorcists.
canon
10
Laodicea
canon 23 forbade readers and cantors to wear the orariwn, the deacon's
The office gradually lost all importance and today is nothing more
stole.
than a stepping-stone to major orders. In the Eastern Churches the liturgical lessons are
still
is,
discharged
by
a layman. It never
involved the obligation of celibacy. In the earlier discipline the reader was
The
cantor was the chief singer, and sometimes director, of the ecclesi-
astical choir.
known
The
office as
during the
first
It
was not
from which
it
76
Jahrh.," in
The
Sacraments,
IV
(St.
78
work
III,
653-48.
Epp. XXXVIII,
XXXIX.
COUNCIL OF CHALCEDON
107
82
But even after this, no definite line seems to have
of the fourth century.
separated the duties of the two offices. The Synod of Laodicea in canon 15
declared that
shall sing
church except the canonical singers, who go up into the ambo and
from a book. The ambo was the place for the reader, not for the
the
in
sing
In canon 23 the same synod declared that the readers and singers
no right to wear a stole and to read or sing thus. Socrates tells us that
the city of Alexandria readers and cantors were chosen from the cate-
singer.
have
in
83
chumens and the faithful. In some
cal
career as readers.
by the
indicated
to.
localities clerics began their ecclesiastiThis seems to have been the practice in Africa, as is
letters
with others.
But
became
restricted
he was entrusted
The
readers
became cantors and were assigned to choral duties, and this practice explains
number
the large
The opening sentence of the canon shows that the practice of allowing
lectors and cantors to marry was not universal. The 27th Apostolic canon
and canon 6 of the Trullan Synod (692) conceded this to them only. Elvira (ca. 305) in canon 33, the earliest legislation on the subject, imposed
celibacy on all qui in ministerio positi sunt. The Church looked with disfavor on mixed marriages irrespective of whether the parties were clerics
or laymen. Cyprian characterized marriages between Christians and un84
Yet in ancient times marriages
believers as a sign of moral decadence.
between heathen men and Christian women were not at all uncommon;
first, because Christian women outnumbered Christian men, and secondly,
because the heathen husband was usually too indifferent to interfere either
with the religion of his Christian wife or
why
as
Christians.
That
is
the reason
in
CANON
If
after
shall
No woman
15
Summary.
shall
be anathematized.
Text
A woman
is
years of age,
82
88
Hist, eccl.,
V,
is
forty
if,
after
md.3
Cf. also Elvira, canons 15, 16; Aries, canon n; Laodicea, canons 10, 31;
canon 72.
w K6hne, Die Ehen zwischen Christen tmd Heiden in d. ersten christl. Jahrh^ Paderbom, 193 1 ; Preisker, Cbristentimi u. Ebe in d. ersten drei ]abrh t) Berlin, 1927.
84
De
Trullo,
lapsis, 6.
io8
being ordained and having been for some time in the service, she
marries, despising the grace of God, she is to be anathematized together with her consort.
Comment. The
that they
had exercised
till
then
as
laymen. This development was a natural one and was in line with the de-
velopment of
West and
all
first
for a century later in the East, the lower offices afterward exer-
cised
Gradually, however, this simplicity faded into the background and was
replaced
Our canon
latter,
evidence seems to point unmistakably to the alternative that they constituted an ecclesiastical order with clerical prerogatives.
86
Cf comments on
8T
Epm.CXCIX,c.44.
88
Haereses, 79.
Dr. Hein. Schafer
88
order, and
is
c.
I Nicaea,
widows and
went so
canon
Not
indeed that
19.
far as to
virgins consecrated to
recipient of a major
of minor orders. That
going too far, and how in the case of virgins such a conclusion can be drawn from
i, X, De temp, ord^ I, 11, is not easy to understand. Die Kanonissenstifter tm deut.
COUNCIL OF CHALCEDON
109
they were thereby placed on a level with the deacon, but whatever it was
that they received was less than what the deacon received and in some lo-
calities
twenty,
we
in the eighth
have a
book
Form
tion of a deacon.
deacons, I Philip,
the deacons,
tion:
bishop,
Thou
shalt lay
shalt say:
My:
0 God Almighty, the true and our Lord Jesus Christ, the Creator of man 'and of woman, who
faithful God, who art rich unto
didst replenish with the Spirit
all that call upon Thee in truth,
art fearful in counsels,
who
wise in understanding,
who
and
art
powerful
prayer,
ears
Thy
counte-
and replenish
Spirit,
didst
of
Thy
Christ.
Do
and
worthily
which
tion of
blamably,
that
thereby he
higher degree,
00
may
attain
The subdiaconate
is
spirit,
that she
discharge
the
may
work
is committed to her to
glory and the praise of Thy
Christ, with whom glory and
adoration be to Thee and the
Thy
Holy
Spirit forever.
Amen.
by Innocent
III (c. 9,
X,
De
it
no
ation of
Spirit forever.
Amen. 91
namely, in the case of deacons the reference to the outpouring of the Holy
Spirit
is
The
Byzantine
It also stands
The
perial legislation.
women
is
cis."
number of
sixty,
"De
all legal
episcopis et cleri-
clerics at the
ceed
Justinian placed
title
9S
.
Quomodo
Among
lentes
title
of which
is
vow
of chastity of deaconesses.
quam
Translations are taken from The Ante-Nicene Fathers, VII (New York, 1888),
The Apostolic Constitutions are a pseudo-apostolic collection of treatises dealing
with Christian discipline, worship, and doctrine. It consists of eight books and origi91
492.
Who
the compiler
nated toward the end of the fourth century, most probably in Syria.
was is not known. At any rate he was not strictly orthodox, for the work embodies
subordinationist ideas. As an historical document, however, it is of the highest importance, for it reveals to us as no other ancient document does, the religious condi-
and liturgical observances of the third and fourth centuries. Except for the
Apostolic Canons (also a pseudo-apostolic collection), the eighth book is entirely of
tions
a liturgical character.
With
own,
IH-XXVII
is,
we
it
orders,
and
in chapters
COUNCIL OF CHALCEDON
quod debetur
custodianty et
late
vow
their
who
vio-
only to
a penalty applied
position,
III
of their life in a
monastery. 94
vow
of chastity
made
who
violates
her
a cleric
is
clerics)
St. Basil
laic.
96
441
till
earliest
mention of them
in Italy
be the year 539, a point of time when in the East the duties of the
had practically come to an end, though deaconesses continued in the
seems to
office
Eastern
Church more or
The
ornaments.
less as
renewed the present decree of Chalcedon. 9* To speak of deaconWest is confusing; the name is a misnomer, for it did not reprethe
esses in
instance,
sent
here
what
it
deaconesses in the
centuries in
it
West,
the East;
was because
and
we know them
as
if
the
fifth
was an importation from the Orient. Ordination of soWest conferred on the recipient neither a dignity
was nothing more than an avowal or profession of chastity,
it
deaconesses in the
called
nor an office; it
and this
common
Three
2i,
canons (supra.
Orange, canon
heeding the
sever
26,
be again
received into
wC.
si
Hefele-Leclercq,
II,
446.
Hefele-Leclercq,
Fkcuit etiam,
bujus jragilitate
wFoeminae
tit
nulli
II,
si
1039.
postmodum foemmae
canonum
tcceperunty si
112
diaconae? If not in
all,
certainly in
many
or most cases
seems they were the wives or widows of men who had been raised to
the rank of bishop, priest, or deacon. After the ordination of these men,
it
the
women were
consecrated
conalis
widow
as diaconae.
of him
who
is
resi-
hence they were given the benedictio diaconaThe diacona, then, was an ordained or
episcopalis or presbyteralis,
lis
They
chastity.
her husband by their mutual consent, and after his ordination and consecration to the episcopate she shall enter a monastery situated at a distance
from the abode of the bishop, and there she shall be provided for by him.
If she is deemed worthy, she may be advanced to the dignity of a deacon102
The practice of ordaining such women does not seem to have been
ess."
general in the West.
The
it.
The
subject
is
obscure and
woman
of the
we
is
particularly ren-
with which the husband was invested. Thus the Synod of Tours (567) in
canon 13 decreed: Episcopwn episcopam non habentem nulla sequatur
turba mulierum,
103
ait.
communicatus habeatur,
ex-
ab omni
et depositus
sua
A Roman
102
Roman synod
(743)
in
canon
5.
COUNCIL OF CHALCEDON
"3
The ordo ad diaconam faciendam seems to have been more solemn and
than that which obtained in the East. In brief outline
it was as
was the missa ad diaconam consecrandam. After the introductory orattOy ordinanda ante altare prostrata was sung the litany used
in the conferring of the major orders. There was the consecration, the laying on of hands and the invocation of the Holy Ghost. Then the bishop
elaborate
follows:
there
invested
Dominus.
107
However, notwithstanding
all
the
What
inward grace."
was
sign
of an
eled
she
her functions
were
in
many
if
closely
mod-
in the order of
it
rank
was because
eighth
the priests
in the
baptism of
women on
account of decency.
A deacon ex-
if there be
not lawful for a subdeacon or
for a reader or for a singer or for a deaconess to excommunicate anyone of
or laity, for they are the ministers to the deacon." 1W In chapter
any occasion, in
the
is
clergy
thirteen it is
minor clergy
them among the minor clerics. 109 Their chief function was
in the matter of baptism, which was by immersion and which was preceded by the anointing of the whole body. It was a matter of propriety
that this anointing, which in the case of male catechumens was performed
110
by the deacons, should in the case of females be discharged by women.
Whether they and the ordo viduarwn before them brought communion to
women who by reason of illness or otherwise were unable to visit the
church, is not known; yet it should not be at all surprising when we consider that in the early days the faithful were permitted to take the consecrated bread home with them. There was no uniform custom or practice
Morin, ranks
way
they
Rom.
wKalsbach, op.
Qmtalschrift,
" 8 Cf.
also
wltaque
cit.,
XXIV
chapter 31.
clericis
cksue ordinationibus
wApost. Const.
(Antwerp, 1695), p.
Ill, c.
15.
149.
sacris ec-
ii 4
They
dis-
offices
by
the deacons.
and ministered to
ited
women
afflicted
illness,
They
own sex to their
They served also as
canon
Summary.
women
monk may
communication.
also a
punishment.
Whether
fit.
seems to presuppose
its
This
validity.
is
ered valid.
The Synod
of Elvira in canon 13
condemned
pactum
from
all
112
The Synod
who
ance.
their
canon
to perpetual and
had broken
gins
till
virginitatis
to admit their
death.
who
that,
was consid-
118
broke their
Ancyra
life,
at
canon 19 classed with bigamists all virvow of chastity, and the Synod of Valence (374) in
of
in
The
it
First
a capital crime to
marry or carry
in
off
canon 16 de-
112
Koch, "Virgines
Texte u.
Jahrh."
pp. 86 f
118 Mansi, III,
493.
114
Utitersuchtmgen
3.
z.
COUNCIL OF CHALCEDON
consecrated virgin
creed that a
who
admitted to
ten years.
sinned.
penance
Orleans (538) in
a consecrated vir-
was to be excluded from communion till the day of his death, and in
case she consented to such relation, the same penalty was to be imposed
gin
116
on her.
was
left to
was followed.
cality
The
hardly
martyrdom
secrated to a life
when
age.
117
St.
about the
very
catacombs.
118
as
presented
ing
who
are
119
St. Ambrose cautioned
own wishes in the matter could be ascertained.
against the hasty veiling of a girl and urged that not maturity of age but
of
character
(303) in
Saragossa
canon
5 fixed
synod of Hippo
of a virgin
veiling
iwC.
"Epirt.CXCIX,
d. ersten Jabrb. d.
Khche
(Freiburg
c. 18.
wj)e virginitate, c. 7.
^Mansi, III, 919; Hefele-Leclercq,
II,
86.
635; VIII, 328; Hefele-Leclercq, 1, 987; II, 990. Regarding the ceremony
connected with the veiling and the taking of the vow, the form of the habit, the age of
profession, the manner of life of these women, as well as the beginnings of convent
11*
life,
Mansi,
cf
III,
Wilpert, op.
cit.; id.,
Keuschheitsgeliibde d.
LXXVI
(1896), 83-104, 187-211, 321-51; Feusi, Das lnstitut d. gottgeweihten ]ungfraue7i, Freiburg, Schweiz, 1917; Koch, op. cit.; Scharnagl, Das feierliche
Ksrchenrecht,
Il6
CANON
17
Summary.
Village or rural parishes, if they have been possessed for thirty years,
shall so continue. Disputes arising regarding them within that period and after shall
be submitted to the provincial synod. If the dignity of a city be raised by the emperor, the parish shall conform to the civil standard.
parish lying
pute regarding
ing
it
it
two bishops
the claimants
is
dis-
claim-
one of
by
town
has been or
its
Church
be erected into an episcopal see having its own bishop; and as the
newly erected city is now no longer subject to its neighboring city but is
placed immediately under the jurisdiction of the civil metropolitan of the
also shall
new
city
whom
the
Church
as a village
Church formerly
belonged. 123
Gelubde als Ehehindernis (Freiburg L Br., 1908), pp. 6-17; Schiwietz, Das morgenlandische Moncbtum, I (Mainz, 1904), 1-43; Leclercq, "Ancilla Dei," in Diet, d'archeologie chretienne, I, 1973-93.
123 Concerning the principle involved in the provision contained in the last sentence
of the canon, and the difference it represents between the Eastern and Western ecclesiastical
mind, cf Bright, Canons of the First Four General Councils, pp. 201 f
.
COUNCIL OF CHALCEDON
CANON
117
18
be deposed.
The crime of conspiracy or faction has been absolutely proeven by the secular laws, much more ought it to be forbidden
in the Church of God. If, therefore, any clerics or monks be found
forming a conspiracy or plot or concocting plans against bishops or
Text.
hibited
fellow-clerics,
this
case in the
stored
him to
his see.
124
CANON
19
Summary. Twice each year the provincial synod shall be held wherever the metropolitan shall designate, and all matters of importance shall be settled.
Text. It has
bishops prescribed
count
lected.
many ecclesiastical matters which need correction are negThe holy council has decided, therefore, that in accordance
with the
shall
not clear
exclusion
1M Hefele-Leclercq,
II,
742-55.
u8
Fifth
in
who
contend
communione debent
esse
that
if
a bishop
ill-health,
that
is,
to attend, or
if
he
left
if
it
was
dissolved, alienatum se a
fratrum coimminione cognoscat; nec eum recipi liceat, nisi in sequenti synodo f tier it absolutus,126 that is, he was excluded from communion or intercourse with the other bishops
till
absolved
by
a subsequent synod.
The
same penalty was decreed by the Synod of Agde (506) in canon 35 127 and
by that of Tarragona (516) in canon 6; 128 and the Synod of Worms (868)
in
CANON 20
Summary. Migration of
is
sixth session
is
and
cleric thus
by Marcian at the
canon 5 to which it
really a continuation of
refers.
The
general
surely reached the ears of the assembled bishops before the dissolution of
the council.
their
Some
c. 10, D. XVIII.
"C. 12, D. XVIII.
"7 C. 13, D. XVIII.
"*C. i^D.XVIII.
i Mansi, XV, 872.
priests of
COUNCIL OF CHALCEDON
119
canon 18 ordered
all
and in other
clerics
who
countries.
The
Trullan Synod
vasion
left their
derstood in
its
strict
is,
exclusion
the
180
from saying mass for one year.
canon
(895) in
The
Fifth
1 *1
curtailed this suspension to six months.
canon 28, dealing with the same subject, repeated verbatim this
canon of Chalcedon. 18 * At the Second General Council of
portion of the
Gregory
who know-
through affected ignorance or any other studied fabrication orclerics of another diocese without the permission of the ordinary of
ingly or
dain
those ordained,
sos.
per
annum
a collatione
ordtnvm decernrmus
esse suspen-
m The Council of Trent decreed that a bishop who ordains clerics be-
patriarchs later
inces
without testimonial
on acquired
CANON
The
Summary.
letters
21
who
must be investigated.
Text Clerics and laymen who bring charges against bishops and
are not to be received indiscriminately and without examination, but their own character must first be investigated.
clerics
ff.
120
with suspicion, defamation, misrepresentation, and denunciation. Accusation had become the one weapon that was ever ready at hand. This is fully
illustrated in the life of St. Athanasius and many others. St. John Chrysostom did not exaggerate when he wrote that a bishop must watch on all
sides, lest someone should find a weak point in his conduct and there begin
his attack. For all are watching him, ready to wound and overthrow him.
... If he happens to make some little mistake, all his good deeds will
avail him nothing against the tongues of accusers, and they who are nearest to him and minister with him are the very men whom he has most
reason to fear.
known
as
canon 6 of the
First
CANON 22
Summary. After the death of
may
Text. It is not lawful for clerics after the death of their bishop to
seize the property belonging to him, as has been forbidden also by
the ancient canons
from
those
who do
their rank.
Comment. The ancient canons here referred to are the 24th of Antioch
and probably the 40th (39th) of the Apostolic canons. The former points
out that priests and deacons should be accurately informed as to what belongs to the Church and what to the bishop personally, so that at his death
the Church
may
Church
sustain
no
loss.
Our
when a
The Synod
at the
same time
of the Church.
it is
which he held
in the
name
make
a complete
inventory of
an
ecclesiastical
i*>
i
all his
Hefele-Leclercq,
M C.6,C. XII, q. 5.
II, 32.
assistants,
who
should guard
it
COUNCIL OF CHALCEDON
against theft
till
121
acted in
canon 23
Suntmary. Clerics and
the will of their bishops,
in
Constantinople contrary to
from the city.
Text. It has come to the ears of the holy council that some clerics
and monks, without having received any commission from their bishops, and sometimes even while under sentence of excommunication
by him, betake themselves to Constantinople and remain there a
long time, causing disturbances and creating disorders in the affairs
of the Church, even turning over the houses of some people. The
holy council has decided, therefore, that such persons shall first be
notified by the advocate of the most holy Church of Constantinople
to depart from the imperial city ; but if they impudently persist in
the
canon 24
Summary. Monasteries once consecrated and
to become secular dwellings.
be permitted
Text. Monasteries which have once been consecrated with the conbishop shall remain monasteries in perpetuity, and all
sent of the
the property
To
are not to
it
sub-
canon
it
The
secularization of monasteries
is
an old evil,
one that grew with their wealth and influence. The perpetrators
of the evil
frequently the
very
such institutions
i"C.
38,
and their
C. XII, q.
2.
civil officials
in-
and patrons. In
122
by the canons,
the
council probably had in mind Apostolic canons 72 and 73 (71, 72), which
prohibited all acts of sacrilege, since there is no earlier canon known which
deals specifically with an evil of this kind.
canon 25
Summary. Ordinations of bishops
sity dictates a delay. If
within three months unless necesany metropolitan should act otherwise, he shall be subject to
The revenues of the widowed Church shall remain with the
shall take place
Text
flocks
holy council has decided that the ordination of bishops shall take
place within three months, unless an unavoidable necessity should
require the term to be extended. Any metropolitan doing otherwise,
shall be subject to the canonical penalty. The revenues of the
widowed Church, however, shall be guarded by the steward of the
same Church.
bishops
metropolitan
(cf.
Nicaea, canon 4), is not clear. The canon seems to sugCouncil of Trent decreed that bishops-elect must
The
do so they
shall
months
shall
188
It will be noticed that Trent
be ipso jure deprived of their Churches.
not
the
metropolitans, for the reason, no
bishops-elect,
only
the
threatens
doubt, that the former and not the latter had often been the cause of delay.
In threatening the metropolitans, the council uses the very general expression, canonical penalties.
have no
What
The term
these
were
with a case of
we do
we
this kind.
1 *9
Later the
bishop, priest, or deacon.
wSess.XXM,
speaks of con-
c.ideref.
verb x^f*0 ^" means primarily to vote or to elect by stretching out the
hands, as was the practice in the Athenian Assembly. Secondly, it means to choose, to
appoint, to designate, without any thought of election; and then in ecclesiastical Greek,
to ordain, that is, to appoint with the ceremony of laying on or stretching out the
hands over the one to be ordained (Acts 14:22; II Cor. 8: 19).
149
The
COUNCIL OF CHALCEDON
cons, while in the Gelasian
Sacramentary
we
123
and
presbyteri,
141
Council of Trent.
CANON 26
Summary. Every Church having a bishop must have also a steward who shall be
chosen from the clergy. Any bishop neglecting this shall be subject to the canons.
Text. Since in
some Churches,
as
we have
manit
has
been decided that every Church having a bishop shall have also a
steward chosen from its own clergy, who shall administer the property of the Church under the direction of its bishop, so that the administration of the Church may not be unattested and thereby the
property of the
priesthood.
But
this,
he
shall
be sub-
ject to
Comment. During the first three centuries the bishop was the sole adChurch property and the director of poor-relief. He was
assisted in this by the deacons and widows appointed for this purpose.
ministrator of
When
after the
time of Constantine,
who
naturally
order to give his time to the spiritual affairs of his Church, the bishop often
found
tor,
it
to
whom he
own
is,
a steward or procura-
its
temporal
affairs.
As
properties.
Thus,
when
ordered his
to a presbyter,
cialized activity
1*0
affairs
Muratori, Litiirgia
Sess. XXIV,
c.
episcopi,
Rom.
i6deref.
vetus,
I,
421
ff n
621
ff.
though
his spe-
juridical ecclesiastical
124
office.
down
West
it
seems the
office
mitted to laymen, for in the Second Synod of Seville (619), presided over
by St. Isidore, in canon 9 bishops were strictly forbidden to appoint lay-
oecoiwmi. 142 Later, the Western bishops as a rule contented themwith the aid of a confidential assistant, a vicedominus, who had
charge of the temporalities and ranked next to the bishop; but under the
men
as
selves
came temporal
The
underwent modifications.
by
Today
the appointment of a
Church steward
optional.
The
office,
West
of fraudulent practices,
Many
quent are the complaints met with in the course of the Church's history
against stewards
who
The
office offered
many
ad-
CANON
Summary. Those who forcibly carry
off
27
women,
verely punished.
The holy council has decided that those who forcibly carry
women, even under pretence of marriage, and also the accomplices or abetters of such ravishers, shall, if clerics, be deposed from
Text.
off
their rank,
if
laymen, anathematized.
Comment. The
wife-captors.
ancient
The purpose
lenient
with woman-stealers or
lust.
The law
more
state,
the captor and his accomplices in the crime and the confiscation of their
iC.
22, C.
XVI,
q. 7.
COUNCIL OF CHALCEDON
property.
During the
among
first
25
extremely rare
restored to those to
fered violence
whom
of laxity set
in,
when
the
it
fifth,
Church united her efforts with those of the Christian emperors to destroy the evil.
century, she
excommunication
laymen and deposition from ec-
be judicially proclaimed)
(to
clesiastical
in
any
way
rank against
clerics,
against
who had
violently abducted
women
or
CANON 28
Summary. The bishop of New Rome shall enjoy the same honor as the bishop of
Old Rome, for the former possesses equal privileges. For this reason the metropolitans of Pontus, of Asia, and of Thrace, as well as the bishops of barbarian countries,
dull be ordained by the bishop of Constantinople.
and
among barbarians, shall be orby the aforesaid most holy see of the most holy Church at
Constantinople while, of course, each metropolitan of the aforesaid
dioceses shall ordain the bishops of his province in union with the
(other) bishops of the same province, as is prescribed by the holy
dained
"
Epist.
CXCIX,
c. 30.
Cf
also c. 22.
126
is
officially
granted a vast
juris-
make him
der to
to be ordained in Constantinople,
jurisdiction; also
metropolitans.
rights
be ordained by the
New Rome
local
of Old Rome.
But
it
was the
first
half of our
canon that
Rome
particularly resented,
not only because the council set out to renew a canon (Constantinople,
canon
of
by
is
3)
which
Rome
its
historically false.
Rome
Nor
anything to do with
supernatural origin;
and only
first
it.
it is
The supremacy
is
merely human or
Rome
Rome
pre-eminence
of the Church of
is
The
basis
of
St. Peter,
have
is
New Rome
was
Nothing illustrates this better than the fact that since 1453 the very
ground on which Chalcedon and the patriarchs of Constantinople so
boldly and proudly based their claims has been swept away.
Canons 9 and 17 of this series, which gave to the see of Constantinople
state.
COUNCIL OF CHALGEDON
an appellate jurisdiction,
tion for,
144
127
as a
or prepara-
warning to the
papal legates as to
of the
council
It
148
by some Latin collectors.
144
Der
secbste Nicaenische
Kanon
Quinisextum, 2wo8os
TrcvBUrri), that
is,
Fifth-Sixth. It
is
generally
known
was held in a
domed hall (trullus) of the imperial palace. It was attended by 2 bishops
or representatives of bishops, all Orientals except one Basil of Gortyna
as the
it
1 1
who
belonged to the
cil,
it
is
as ecumenical,
Many
West
adding
its
nized.
earlier canons,
left for the pope's signature is still blank. Pope Constantine (708-15)
seems to have adopted a via media, which was later expressed by John
VIII (872-83) in his declaration that he "accepts all those canons that
space
do not contradict the true faith, good morals, and the decrees of Rome.
Ninety years earlier Adrian I (772-95) seems to have been less cautious,
yet his position toward them was clearly a middle course. That the Sev,
'
enth General Council (787) accepted these canons and spoke of them
after the manner of the Orientals is not surprising, since it was attended
almost entirely
1
by Greeks. 1
III,
560-81; Fortescue,
128
its
129
The Fifth General Council. The convocation of the Fifth General Council was brought about by the famous controversy concerning the Three
Chapters, that is, ( 1 ) the person and writings of Theodore of Mopsuestia
(d. 428); (2) certain writings of Theodoret of Cyrus (d. 458); and (3)
the letter of Ibas
Persia.
the originators
that
it.
In reality
it
The
tical affairs.
sidered in the
in ecclesias-
at that
time abstained
sees after
Nestorius.
security of the
tention
its
vitality
whose works they regarded as the source and bulwark of that heresy.
ing the
Edessa had
cf.
also
Vol.
these canons
work:
Synodorum gcneralium et provincialhim deereta et canones (1665-73). The commentaries of the twelfth century Greek commentators, Balsamon, Zonaras, and Aristenus,
are given by Beveridge in his Synodicon she Pandectae canonvm, I (Oxonii, 1672),
were given
151-283. Bevcridgc's
lation
of the canons
359-408.
own
is
in his
notes on the canons, ibid., II, ii, 126-64. An English transgiven in Nicene and Post-Nicene Fathers, XIV (N. Y., 1900),
3o
withstanding the fact that both had been in complete sympathy with the
teachings of
Goaded on by
Emperor
at
the end of 543 or the beginning of 544 issued an edict condemning the
Three Chapters. In it he attempted to uphold the authority of Chalcedon,
we have
anyone
assert,"
he
who were assembled in council at Chalcehim be anathema." It was the Emperor's intention to elevate the
by means of the subscriptions of the bishops, East and West, to the
let
edict
would be
The Eastern
patriarchs,
aware
first
Men-
the expressed condition that the pope also subscribe; should he refuse to
sign, his
all
of the Oriental
bishops.
While
unyielding. Supported
by
the
Western
bishops,
Pope
West proved
Vigilius refused to
approve or subscribe the Emperor's condemnatory edict for the same reasons as those on which the Orientals had at
To
first
make no
The Emperor
received
at first treated
edict.
greatest respect
Western Churches. In
happened to be
the
the
op-
and
As a result, the Pope, on April 1 1, 548, gave his Judiwhich was addressed to Mennas. In it he condemned (1) the person and all the writings of Theodore of Mopsuestia; (2) the letter of Ibas
to Maris and all those who approved it; and (3) such writings of Theo-
Cyrus
of St. Cyril.
nowhere
as
He
in the
was an effort of
Pope to satisfy both sides: the East by condemning the Three Chapters, and the West by upholding Chalcedon. But his action, aroused much
discontent and bitter opposition in the West, where it was regarded as
least
from
its
importance or to impair
its
authority. It
the
a
It
power
civil
and aggravated
by the
situation
of the
The
in matters ecclesiastical.
memory
the African
broke off
while
ance.
whereby no further
till
by
steps pro
and
a general coun-
But the Emperor found the burden of the truce too much for him.
Goaded on again by Theodore Ascidas, he issued m 551 in concurrence
with many Greek bishops a new edict condemning the Three Chapters.
cil.
now thrown
St.
and
whole world,
indignities
On
February
justifying his
he
is-
conduct and
civil
au-
thority.
This prompt and determined action of Vigilius brought about an immediate turn of affairs.
tal
Theodore
Three Chapters
Leo
I.
They withdrew
and the
all
first
that
letters
had been
condemnatory
sought
his
quested his return to the imperial city. In August, 552, Mennas died and
was succeeded by the monk Eutychius. The Pope having returned, the
new
May
5,
553. It
stipulations.
And
last
but not
least,
(May
Emperor
his
It was signed by himself and sixhe condemned the writings of Theodore of Mopsuestia, but refrained from condemning his person, and also
forbade others to do so, for the reason that neither Ephesus nor Chalcedon had condemned him and it is not the custom of the Church to con-
Chapters
Judicatum.
demn
the dead.
The
it
not condemn because Chalcedon had not condemned them, and both had,
moreover, subscribed
He deemed
it
by
all
at that council to
sufficient to
clerics of
faith,
an anathematization of Nestorius.
gave vent to
his feelings
by ordering
that,
communion
by upholding
133
from the Church. But, while repudiating the Pope, the council had
break off
desire to
to
no
nated the
later
communion with
till
in the
system of Gallicanism.
no
Three chapters
recognition
of
whom
Emperor
He
it,
encountered
set
about to secure
opposition in
the East,
violence,
exile,
and
its
yflHeTttTtTie
isolated
Emp eror's^demands.
tf$~frd~l?oTTfiTFfrrinone quintae
8|
Three Chapters in the sense of the council and nullified whatever had been]
effect.
the spring
of 555 Vigilius
Migne,PL,LXIX,
*
Vigilii
134
reach.
Chapters
is
Chapters might
just as well
have been
left
after
all,
their
condemnation
who
refused
by
a lack of under-
mind.
by
their
the Fourth General Council, there was no need for condemnation, especially since
ated Nestorianism. In
all
probability this
by
sees
The
restoration of these
mean
two men
to their
writings.
If,
As
matter of
infallibility.
was always correct, though by his waverhimself open to just criticism. His change of posi-
to Vigilius, doctrinally he
was
dictated
left
by
proposed and by the fear that the authority of Chalcedon would thereby
be weakened. His
as the
first
Constitution, in
Council of Chalcedon,
may
position
he simply reaffirmed
ff.;
his
former position. 6
Hefele-Leclercq,
III,
Die Kvrche
d. tmtiken
rm VI
135
The Sixth General Council. One of the principal causes of the ecdisturbances in the East was the constant meddling of the civil
clesiastical
by Emperor
Jus-
tinian
the
similar desire
General Council.
Sixth
Monothelitism,
effect
Nestorianism.
of
its
of
The Council
distinct
one Person.
two
in
of natures.
The
new
the
tial
agitation
it
perfect and
wills,
the sphere
it
as
it
would
been
left
so far as
an inconsequen-
open.
The
greatly
latter especially,
The
two
directly
duality
By
weakened by the
among themselves and their bitter opposition to the Church, invited invahostile neighbors.
by
sion
Persians
heretical
basis
factions
tenet of
In this
an inquiry
gave as his
in
he was supported
reply to
his
or formula of conciliation
both sides
site
on
by
will,
one operation
that point
by Cyrus bishop
of Phasis in Armenia,
predecessors, to
Pope
by Mennas, one
of
favor of
in Christ.
in Christ
one will in
by
At any rate, Cyrus became a convert to the doctrine of
Christ and was soon after (631) promoted to the vacant patri-
archate of
Pope.
Sergius himself.
the heretics
mission
entrusted to
the Patriarch
baid,
him proved
successful
beyond
St.
expectation, so that
136
don.
with Anastasius, the Monophysite patriarch of Antioch. The Monophysites apparently had won a victory, for in their view the acceptance of
one will was equivalent to the recognition of one nature in Christ. Rightly
could they boast, Leo and Chalcedon have come to
us,
we
did not go to
them.
While matters were thus proceeding smoothly, opposition to the formula of conciliation arose suddenly in 633 from an unexpected quarter.
Sophronius, a Palestinian monk conspicuous for his piety and theological
learning, sojourning in Alexandria at this time, on examination found the
formula to be heretical and so informed Cyrus, entreating him to condemn
it. This protest to Cyrus and a similar one to Sergius were without avail,
the latter in reply advocating a policy of discreet silence on the matter. He
asserted that, although one will in Christ is undoubtedly the right doctrine, simple people might easily be scandalized at the expression. Sergius
thought it best to have the Pope on his side, and so wrote to Honorius explaining his side of the question and recommending the policy of silence.
When Sophronius became patriarch of Jerusalem in 634, he wrote a
lengthy synodal letter setting forth the orthodox Trinitarian and Christological doctrine on the question at issue. This letter he sent to the Pope.
Honorius in his replies reproved Sophronius and commended Sergius for
rejecting the expression of
two
he was being led into a trap, he almost cheerfully endorsed the recommendations of Sergius, though for the heretical formula of Cyrus he had
not a
word
recommended
a discreet
si-
no intention of imposing it on himself. The Pope's attitude was a source of great encouragement to him. The
effect of Sophronius' synodal letter had to be nullified or at least palliated. To do this, he prepared at the Emperor's suggestion and issued in
a profession of faith, as
he
said, in
Emperor
attached. This
In it he, that is, the Emperor, forbids the use of the expression one
and two operations, maintains one will in Christ, and declares a declara-
cils.
mony
all
on the
letter of
Honoriusthat
it is
in
complete har-
calls
upon
Two
synods held
at Constantinople,
under Pyrrhus
his
was an easy matter to induce the majority of the bishops of the East to
accept the new profession of faith, especially since Sophronius had already
died and was succeeded in the patriarchate by the Monothelite, Sergius
6 Denzinger, nos. 251-52.
37
patriarchates
stantinople.
In the
Emperor's failure to
have convinced him that Rome, unlike the Eastern episcopate, does
cowardly and slavishly subscribe to abusive and unorthodox doctrines
couched in imperial edicts. Pope Honorius died in 638 and was succeeded
should,
not
Roman
will as heretical,
succeded
by
his
blame for
two
it
on
by
his
later,
stepmother Martina,
lated
months
later
and was
of poison,
who wished
it
own
son Heracleon
Heracleon and Martina were first muti-
who was
her
The
to Africa.
imperial
Ecthesis
as
the
est
cussion.
placed
succeeded in 649
in
by Martin
the catalogue of
synod
in
Roman
the Lateran,
I,
pontiffs. In
last session
* Id.,
no. 253.
nos. 254-74.
Id.,
two
up twenty canons
wills in Christ. 8
The
defining
eighteenth anath-
138
andria,
His great crime was that he condemned the Typus instead of subscribing
to it. As Rome was still under imperial rule, Constans lost no time in taking revenge. He sent Theodore Calliopas as exarch to Rome with instructions to arrest the Pontiff and bring him to Constantinople. After languishing in prison for six months in the imperial city where he was subjected
to the grossest insults and indignities, he was exiled to Cherson in the
Crimea, where he died in 655.
One of the first acts of the new Pope, Eugene I, was to send two legates
to Constantinople in an effort to
come
Em-
many
years.
He communicated
Rome
between
and the imperial city of the East. Before complying with the re-
quest, the
They
wills
Emperor immediately
two
patriarchates
were
He
When
called
at that
Mohammedans, he could not expect any bishops from there. It was probably for this reason also that he had no intention of making the assembly
a general council. But
M , no. 288.
when
at the
these
patriarchates
were
present,
it
139
Council.
The council opened on November 7, 680, and came to a close SeptemThere were altogether eighteen sessions. The council was
held in a hall of the imperial palace under a large dome or cupola, whence
it is sometimes referred to as the First Trullan Council. It was presided
over by the papal legates and was attended in its earlier stages by less than
ber 16, 68 1.
last session by 174 bishops or their representaThe Emperor was present during the first eleven sessions but did not
interfere in the doctrinal discussions. The eighteen sessions were taken up
tives.
largely
The
to the
question at issue.
carius
were Ma-
Stephen), and
the
tively.
tic
monk named
After the discussion in the seventh and tenth sessions of the patris-
passages that
support of Dyothelitism,
elite
George
patriarch of Constantinople (a
legates in
Monoth-
(March
Peter of Constantinople,
"We
refusal to
was attended
setting
and confirmed
forth
by
tions in Christ.
10
general councils
five
preceding
Pope Honorius. 11
It
was subscribed to by
iW.,nos. 289-93.
u The famous letter of Honorius to Sergius (Mansi, XI, 538-43) has been made
much of in the past by representatives of Gallicanism and all, especially Protestants,
who immediately before and after the Vatican Council opposed papal infallibility. The
letter, it is true, was not a private one, yet it would be absurd to regard it as an ex cathedra pronouncement. It defined nothing and condemned nothing. It contains the orthodox doctrine but unfortunately expresses it in terms that are misleading. Its orthodoxy
was defended by John IV, Honorius' almost immediate successor, and by St. Maximus
who took a personal and very active part in the controversy. Nor can it be maintained
that the council fell into a dogmatic error when it condemned Honorius as a heretic,
for it condemned him as a heretic, not in the strict and current acceptation of the word,
but because he approved the contradictory hush-up policy of Sergius. This was also
the attitude of Leo II, who condemned him not for what he did but rather for what
140
the papal legates, 174 bishops or their representatives, and the Emperor. In
a letter to the Pope, the bishops asked for his confirmation of the acts.
Agatho, however, had died during the council and was succeeded by Leo
II, who confirmed (683) the decisions against Monothelitism, but refused
to recognize the condemnation of Honorius as a heretic. He did indeed
Otten, op.
cit.,
I,
Gorresgcsellschaft,
422-32; "Martin
XXXVIII
in Hist.
Jabrbucb
d.
(787)
History.
Bithynia
(Nicaenum
defined the
to images.
more or
less
The
acted
later
II). It
may
goaded on by
on the conviction
few disgruntled
bishops,
imprisonment,
exile,
1
determined and united front.
When Empress
for her
Irene,
Leo IV, died in 780, she lost no time in restoring what had been deby the Iconoclast emperors. In due course of time images were restored, monasteries reopened, and exiled bishops recalled to their sees. Paul
father,
stroyed
IV, patriarch
expiate his
weakness
Regarding the origin of the heresy and the events leading up to the council, cf.
This synod (conciliabulwn) was summoned by the Iconoclast Emperor Constan(Copronymus, 741-75) for the purpose of outlawing images, and was to count
the Seventh General Council. It was held in the palace known as Hicria, which was
tine
as
Constantinople on the Asiatic side of the Bosporus between ChrysopoChalcedon. It was attended by 338 bishops and was presided over by Theodosius
of Ephesus and Pastilias of Pcrge, Anastasius the patriarch of Constantinople having
died the year before. Rome, Alexandria, Antioch, and Jerusalem did not send representatives, for it was well known that the synod would be under the absolute control
of the Emperor and that the bishops were assembled merely to carry out his commands, which they servilely did. It declared all images idols, an invention of the pagans,
located opposite
lisand
wood and
stone.
special
anathema was
pronounced against the three chief defenders of images, Germanus former patriarch
of Constantinople, John Damascene, and a monk, George of Cyprus. Hefele-Leclercq,
m, 693-709. The acts of the synod are given in Mansi, XIII, 205-363.
Hi
42
He was
highly en^usjasticjcjver
^
There was
first
retention
by
was
the
the Isaurian.
atten-
With
his letters
he sent two
Roman
legates,
and
patriarchate
lastly,
by Leo
St.
them of
the
among
we may
the
first in
the
lists
of signatures
The
by
Tarasius in the
The
papal
were present throughout the council. In the acts they are always
named first; then Tarasius and after him the two Oriental monks, Thomas
and John, representing the three above-mentioned Eastern patriarchs. Ta-
legates
rasius
conducted the
were not
sentatives; but, as
of several
official
tions. In the
were
legates
reprein the
second
read, but the portion of Adrian's letter to Irene relative to the papal griev-
The
question of image-veneration
H3
synod of 754 were disproved and condemned. The most important work
of the council was accomplished in its seventh session, when the symbol
or
to
drawn
made
also
Not
up.
on sacred
saints
vessels
is,
and vestments,
are ardently
up to the memory and love of the originals and induced to give them
respect and worshipful honor, but not real adoration, which according to
our faith is due only to the divine nature. Offerings of incense and lights
lifted
are to
do them honor, as
For honor paid to an image passes
its
who
prototype; he
worships (venerates, o
TrpoaKwfiv)
him who
is
As some of
it.
drew up twenty-
an image,
painted in
we
will con-
was held on
October 23, 787, in the Magnaura Palace (dvmus magna aurea) at Constantinople in the presence of Irene and her son. After the acts had been
read, they were signed by all the members of the council and also by the
Empress and the Emperor.
Although the question of images was thus disposed of in the East, at
least temporarily, dark clouds began to gather in the West. Whatever was
the attitude of Charlemagne and his bishops toward images before the
tent ourselves
only refused to
last session
was
Charlemagne in 788.
The bishops
the
ground that their people had but recently been converted from idola-
try,
and they did not care to recognize anything that might lead them to
return to
it.
It
the significance
a
very
literal
only absolute
to sacred
is
of certain
one, yet
Greek
we must
And
Hefeie-Leclercq,
III,
was
relative
misunderstood
images.
may have
1045-60;
id., Ill,
Appendix VJL
144
at the time was angry with the Pope and angry with Irene. Angry
with the former because he appeared to favor the Byzantine policy, and
angry with the latter because she had deceived him. This malicious and
disgruntled mental feeling is clearly evidenced throughout the "Caroline
Books." It was, therefore, only gradually and after a long correspondence
between the Frankish bishops and the Holy See, that is, at the end of the
ninth or the beginning of the tenth century, long after the Eighth General
magne
Council (869), that the decisions of the present council were accepted by
France. The former had confirmed the decisions of the latter in the matter
of images, hence no one could reject the latter without rejecting also the
former. 5
CANON
those of the Aposdes, of the six ecumenical councils, of the local synods,
and those of the holy fathers.
all clerics:
penalty.
fifty
Apostolic canons,
Synod (canon 2) and to the prevailing opinion among the Greeks. In like
manner, when they speak of the canons of the six general councils, though
matter of fact only the first four promulgated disciplinary canons, they
must be understood to follow the Greek custom, which, as was pointed
as a
Mansi, XII, 951 ff.; Hefele-Leclercq, III, 1045-60; Tixeront, History of Dogmas,
421-67; Otten, Manual of the History of Dogmas, I, 476-88; Schwarzlose, Der Bilderstreit. Ein Kampf der griecbischen Kircbe wn ihre Eigenart u. ihre Freibeit, Gotha,
III,
1890; Brehier,
La
Vempire byzantin
et la
H5
councils;
the
of
general councils,
Constantinople.
CANON
Summary. Everyone who is raised to the rank of a bishop must know the psalter
by heart. The metropolitan shall inquire whether he is inclined to read diligendy or
cursorily the sacred canons and the sacred Scriptures, and whether he lives according
to the
shall
not be ordained.
Text Everyone who is to be elevated to the rank of the episcoshall know the psalter by heart, so that from it he may admonish and instruct all the clerics subject to him. The metropolitan shall inquire carefully whether he is inclined to read diligently
or cursorily the sacred canons, the holy Gospel, the book of the divine Apostle (the Pauline epistles) and all the other holy Scriptures, and whether he lives according to God's commandments and
also teaches the same to his people. For the very life of our priesthood are the messages that have been divinely delivered to us, that
is, the true science of the divine Scriptures, as Dionysius the Great
(the Areopagite?) says. But if he be not inclined so to do and teach,
let him not be ordained. For God says by the prophet, "Because thou
hast rejected knowledge, I will reject thee, that thou shalt not do
the office of priesthood to me" (Osee 4: 6).
pate,
Comment. In the early ages of the Church not only the clergy but also
the lay
reciting it
and
by
advice in
Jerome said:
up
his infant
has to learn."
And
in
that she
who had
sought
daughter Pacatula,
may
letter
love
St.
what she
he advises: "She
146
who are in a special manner conseGod. From this discipline arose the appointment
of the canonical office, which imposes the obligation of reciting the
upon the
psalms
at certain intervals
of time.
The
begins,
is
office.
The
canoni-
canon
Summary.
Ecclesiastical
made by
31).
bish-
ops, as
in this
right or
many
countries,
ecclesiasti-
the
of "domination."
CANON 4
Summary. Any bishop who extorts gold, silver, or anything else from clerics or
monks under his jurisdiction, shall upon conviction be suspended or excommunicated
as a transgressor of the law of God.
lucre
may
Epirt.
T
The
CXXVIII,
1,3a.
by Western
synods
both before and after this council; cf. Toledo (653), canon 8, Mansi, X, 1218; Chyloussur-Saone (813), canon 1, Mansi, XIV, 93; Coyaca (iojo), canon 5, Mansi, XIX, 788;
Gratian, Dist.
XXXVUI.
H7
closed his church so that the divine service may not be celebrated
therein, let him be subjected to the same punishment that he de-
so that the evil that he inflicted on others may reon his own head as a transgressor of the commandments of God
and the precepts of the Apostles.
turn
CANON
Summary. Those
who
who without any largess were chosen by reason of their virtues, are to take tne lowest
place in their order. Failure to amend shall be followed by punishment. Those who
secured their ordination by means of gifts are to be excommunicated*
ordained
be
part considers
benefactions to
table
this
with pride,
exhibit a
canon
deals
on those
The
many
with simony.
who
filled
similar generosity.
CANON 6
Summary. A synod shall be held once a year in each province for the correction of
abuses and the consideration of important matters. Should any prince hinder compliance with it, he shall be excommunicated. Any metropolitan failing to observe this
metropolitan who exacts anything
canon, shall be subject to the canonical penalties.
from a bishop
who
Text There
a canon
is
148
canon
Swrnnary.
bishop
shall be deposed.
who
in future
is
relics,
Text. As every sin has other sins following in its wake, so upon
the heels of the heresy of the (Iconoclasts) traducers of the Christians, there followed other impieties. Not only did they remove the
venerable images from the churches, but they also brought to naught
other customs which we must now restore and maintain.
decree,
therefore, that churches which have been consecrated without relics
of the martyrs, such relics shall now be placed in them with the
accustomed service. And if in the future any bishop be found consecrating a church without relics, let him be deposed as a transgressor of ecclesiastical traditions.
We
canon
Text. Jews
secretly keep the Sabbath and observe other Jewish customs, shall
not be permitted to receive communion or to attend the prayers or
even to enter the church, but let them be openly Hebrews according to their religion. Their children shall not be baptized nor shall
they purchase or possess a (Christian) slave. But if any of them is
truly and sincerely converted and makes a whole-hearted profession
of faith, he is to be received and baptized, and his children likewise.
CANON 9
Summary. Books containing the Iconoclast heresy must be delivered to
the episco-
be deposed
if
monk
if
or layman, excommunicated.
let
him
No
149
10
to leave his diocese and go into another without the knowledge and consent of his bishop and of the bishop of Constantinople.
Summary.
cleric
is
members
own
With regard
resign it or
dren and the servants, reading the Sacred Scriptures to them, for to
this
CANON
Summary.
No
11
Text. Since it is our duty to guard all the holy canons, we ought
all means to observe in its integrity the one which requires each
by
CANON
12
Summary. Any alienation of the property of a diocese by the bishop or of a monastery by the superior is null, and such bishop or superior, if convicted, shall be expelled.
Text
If a
part of the
Comment. Through
the
way was
the action
in this canon
by
good
will of kings
if
by doing
sired preferment.
magistrates.
The
two such
schemes
CANON
13
Summary. Monasteries converted into public houses during the persecution must be
restored to their original use.
Text. During the calamity (Iconoclast persecution) that has vissome of the venerable houses, for example, episcopal residences and monasteries, have been seized by certain men
canon
Summary. One not ordained may not read
may
ordain a reader
if
14
in the
Text
It is well
known
canon
15
in
this
one so desires, the things needful for the body may be procured, as
9
was also done by St. Paul. This rule applies in the imperial city,
because
of the small number of people, explaces,
country
in
but
ceptions
may be made.
canon
16
Summary. Clerics shall wear modest and unostentatious clothing and not array
themselves in gay and showy apparel embroidered with silk.
Text All luxury and gaudy apparel are foreign to the sacerdotal
Hence bishops and clerics who array themselves in gay and
showy garments ought to correct themselves; if they fail to amend,
they shall be punished. Likewise those who anoint themselves with
perfumes. The persecution (Iconoclasm) and all who were defiled by
it, not only destroyed the venerable images but also cast aside all decorum, holding in supreme contempt those who lived decently and
religiously (ascetically). If, therefore, anyone be found deriding
and ridiculing those who are clad in poor but decent clothing, he
shall be punished. From early times every cleric wore modest and
unostentatious garments, not arraying himself in apparel embroidered with silk and decorated with many colored ornaments; for
they had heard that "they that wear soft garments are in the houses
state.
of
kings
"
CANON
17
who
*On
chorepiscopi, ibid,
Acts 20:34; 1
canon
C01
2.
4 :I2
and
its
on that of the
clerics
and laymen.
canon
No
Summary.
by
deposition.
Text. "Be without offense to those that are without," says the
Apostle. Now for women to reside in episcopal residences and in
monasteries is ground for offense. Every bishop or hegumenos, therefore, who has in his service in the episcopal residence or in the
monastery a female slave or f reewoman, shall be rebuked ; and if he
fails to discharge her, let him be deposed. Should it happen that
women are employed on suburban estates, and the bishop or hegumenos wishes to go there, during his presence no woman shall continue her work, but shall betake herself to some other place until he
has departed, so that there be no occasion for complaint.
Comment. The
and
clerics to
First
have a
woman living
3 forbade bishops
with them unless she was their mother,
whom suspicion
could not
fall. The
and expels every
woman from the episcopal residence. More than two hundred years earlier,
Emperor Justinian (Novella cxxiii, c. 29) enacted: "We allow no bishop
sister,
or aunt, or
to have a
woman
was
is
stricter
As bishops
leaders and
women may
not enter
CANON
19
Summary. The vows of those presenting themselves for holy orders and
monastic state, are to be made without the exaction of money.
for the
153
departure). 10
canon 20
Summary. Henceforth no double monasteries shall be erected. Those now in existence may continue. Monks and nuns shall not dwell together in the same monastery,
for thus adultery finds its occasion. Nor shall one have access to the monastery of the
other.
We
erected,
parture.
first part of this canon with the last part of canon 5 of the present
canon 64 of the Fourth Lateran Council, Innocent III, dealing with the same
subject in regard to female communities, condemned the person guilty in this matter,
whether subject or superioress, without hope of restoration to a monastery of stricter
observance. Likewise nuns who had been thus wrongly received were to be removed
Compare the
series.
In
same order.
154
dwelling for
one in which
a
manner or
in
was
stitutions there
from
If in the
community had
its
The
in-
that of separation.
As
it.
own
offices.
They had
their
The
own
refectory
strictly
visit
St.
astery and
all
that belonged to
it
was
in
most
Rule of
St. Basil.
The mon-
the
monasticism.
Christian
cenobitism, in the
with
its
Its
first
of
and too
The
isolated individualism
eremitical
was
life
in a large
lived the
The
common
desire to learn
life
and to
women
new and
higher ascetic
ideal
monks. They located themselves in the immediate vicinity of the monasteries, chose the monks' rules for their own monastic life, and subjected
themselves to the ascetical guidance of the monks.
Egypt
ideal.
From
When
The Synod
of
Agde
(506) in Langue-
by men, because of
is
among
the
Father Ryan, S.J., in his learned and fascinating work, Irish Monasticism. Origins
and Development (Dublin, 1931), p. 141, describes double monasteries thus: "By a
double monastery we understand a religious settlement where the houses or cells of
both sexes were so close together that afi could gather for mass and office in the same
church, obey exactly the same rule, and be governed by the same superior."
12
The
we may
iS5
West
to the continent
though there
is
The
no doubt
by
that
Irish missionary
its
monks
is
un-
kingdom during the seventh century was due greatly to their influence.
Owing
to civil
and
double monastery
as
by
fla-
an institution disappeared
it
disap-
West except in Spain. There was a revival of the inWest toward the close of the Middle Ages, especially in
the
the
tines
(1346).
There
are
no double monasteries
( 1
146),
and Bridgit-
in existence in the
Western
Church today. 18
CANON
21
Summary. Monks and nuns are not to leave their monasteries and go to others.
she
is
superior.
CANON
22
Summary. Lay people may eat together, monks and nuns must eat apart.
while on a journey may eat in an inn or private house.
stain
only
from
let
all
priest
may
to-
ab-
XXV
(1916), 106-62.
156
The same
(869-70)
nople to put an
tri-
umph of that schism, this was the last general council held in the East.
Though no doctrinal dispute was involved, many circumstances contributed toward making its convocation a matter of urgency. The preceding decade had witnessed many grave irregularities in the imperial city
on the Bosporus. Because he refused holy communion (Epiphany, 857)
to the
Emperor Michael
and exiled
then a
(November
23, 857)
ran the
in six
gamut of
days.
ecclesiastical orders
His consecration
as patriarch
After holding a
Roman synod
all
that
had been
Fbotius, Patriarch v.
pp. 135-56.
157
58
done in the matter by his predecessor, and which renewed an earlier condemnation of Photius, the Pope sent three legates with letters to Con-
Emperor of
The
The number
last session
St.
were there
as
many
as
102 present,
presented to the members of the council for their signature the famous
faith, drawn up by Pope Hormisdas (514-23)
on the occasion of the Acacian Schism, 2 Altogether ten sessions were held.
The council condemned the acts of the conciliabulum of 861; 3 also the
formula or confession of
still
affairs.
existed,
civil
his
patriarchal see,
refusal to
do
so,
held February 28, 870, in the presence of the Emperor, his son Constantine,
the Bulgarian
The
council
fulness of image-veneration,
of the
human
soul in man.
and canon
1 1
is
canon
21, in
which Rome recognizes the longstanding claim of Constantinople to second place in patriarchal rank. The council also issued an encyclical letter
to all the faithful, and by letter requested the Pope to confirm its acts. 4
2
was present at the last session as a member of the Frankish embassy, the other in a
Greek account. The former gives all the acts in extenso and is regarded by
scholars as a thoroughly reliable text. To it we owe most of our documentary knowledge of the proceedings of the council. The Greek text is evidendy a synopsis or an
shorter
epitomized presentation of the acts. .The greatest divergence in these two texts is found
in the canons, of which the Latin text gives twenty-seven, while the Greek contains
only fourteen. Thus, the following canons are wanting in the Greek text: 9, 12, 13, 15,
16, 18, 19, 20, 22, 23, 24, 25, 26. The 9th canon of the Greek corresponds to the 10th of
the Latin, the 10th to the 1 ith, the 1 ith to the 14th, the nth to the 17th, the 13th to the
2 1 st, and the 14th to the 27th. For a more detailed account of these two texts and also
who stood
all
sition
was recognized by
as this oppo-
however,
was discarded also and the council was looked upon merely as a local
gathering or synod.
Constantinople in
as
nized the
that
it
they should have been slow to extend such recognition to the eighth,,
canon
sacred images.
Since
a
summary of them
will suffice.
CANON
Summary. This canon
is
a renewal of
earlier decrees.
Text The ancient canons of the Apostles and of the general and
and doctors of
the Church, must be firmly maintained.*
canon
Summary. All the synodal decrees of Popes Nicholas and Adrian dealing with
and Photius must be observed.
Ignatius
Text All synodal decrees of Pope Nicholas and Pope Adrian dealand Photius must be scrupulously observed. If,
after this declaration, anyone be found disregarding them, if he be a
priest or cleric, let him be deposed; if monk or layman of whatsoever dignity, let him be excommunicated.
ing with Ignatius
Roman
by
the
two
By
insisting
these
probable reasons for the omission of these canons from the Greek, the reader is
Hergenrother, op. cit^ II, 63-75.
6 The acts of this synod are given by Hergenrdther, II,
449-528; Hefele-Leclercq, IV,
for the
referred to
585-606.
6
Cf canon
.
i6o
power and influence of the Photian faction. The usurper had many supporters among the Oriental bishops, some of whom had indeed made their
submission to Ignatius in the earlier sessions of the council. Photius never
despaired of his cause. During his exile he sought comfort and relief in a
vast correspondence, keeping alive the fires of rebellion, the purpose of
new
gain
retain
also to
CANON
Summary. The images of our Lord and of His Blessed Mother and those of the
Apostles, prophets, martyrs, and saints shall be duly honored and venerated.
Text.
in like
manner
Hence the fathers found it necessary to promulgate a few canons condemning it. The phraseology of these canons in their Latin translation (for
instance, the use of the word adorare) proved particularly offensive to some
Frankish bishops,
who on
that account
ecu-
CANON 4
Summary. Photius was never
Text.
We
deposed.
by him must be
l6l
canon
Sunrmary. In
Anyone
raised
we
sure in the
such a disposition is
world,
canons.
Comment. This canon deals with the observance of the interstices, parwhere the candidate is raised from the rank of a laic to
ticularly in cases
that of a
bishop or patriarch.
The
earlier
canon
2;
Sardica,
canon
10;
imperial secretary
8
viola-
Notable was the case of Tarasius (784-806) who, from the office of
The Greek
text only
is
clear
on
i6z
stantinople.
Pope Adrian
lay state to the dignity of a bishop as contrary to the canons, but because
instance
who in
a single night
nople. 10
The
council lays
down
is
permitted to be
by
the council
not
was apparently
earlier law.
and
in different localities.
The
Synod of
Sardica (344) in canon 10 does not specify the length of the interstices, but simply states that the candidate is to remain in each order
known, and
if
found worthy, he
may
may
be
is,
episcopal dignity. 11
CANON 6
Summary, Photius
synod of
is
condemned for
his diabolical
in the
867.
men and to have appointed them vicars of the three Oriental patriarchal sees, using
them in his fraudulent council, in which he charged the Pope with
numerous crimes and excommunicated him and all who are in communion with him, the acts of which we have seen and which have
been synodically consigned to the flames, we condemn him, therefore, also on that account ; likewise all the accomplices in that fraud,
the false vicars and the authors of the defamatory writings (against
the Pope), in accordance with the canon of Martin I.
Comment.
climax
when
Photius' hatred
its
I, lib. II,
cap. 36.
63
and for
war
all
own camp.
into their
Eastern patriarchs, in
and
the Latins
invites
it
To vest
tain
it
tials
in the
tents
city
of the three
The
who
various
charges
previously
staged
The
just as
conciliabulum of 861.
the
12
Their
who had
been well schooled for the part they were to play in the farce
the
865,
justice.
false witnesses
all
who
should hold
communion
The Bulgars accepted Christianity from Byzantine missioners in the year 864 or
when their prince, Bogoris, was baptized with many of his people. Bogoris, how-
ever, for
various reasons soon tired of the Byzantines. In 866, to free himself from their
he sent an embassy to Pope Nicholas requesting him to create a Bulgarian
authority,
not last long either, for, when the schism of Photius became
Bulgars again went over to the Eastern patriarchate.
18 He raked up the following five charges against the Latins: (1) they fast on Saturdays (it is true they did, for that was then the universal custom in the Western patri-
hierarchy.
But
this did
they eat butter, milk, and cheese during the first week of Lent (the Latins
Lent till Ash Wednesday, while the Byzantines began it on Quinquagesima Monday); (3) they despise married priests and thus prove themselves guilty of
the Manichaean error; (4) they do not acknowledge the sacrament of confirmation conferred by a priest (this is false. In missionary countries where there are no bishops,
archate); (2)
the
pope gives authority to certain priests to administer that sacrament. Moreover, the
the confirmation conferred by the Orthodox Church as valid. The
Latins recognize
reason
why
right of
cue, 152 f.
164
to impose
view to give
it
matter of
fact,
We
it
have
falsified
by Photius with
such a council
its
as these acts
As
signed the acts; yet the acts, as they came from the hands of the
falsifier,
whom
had
not only not attended the council but had been wholly unaware of its
convocation. Because of the extremely scurrilous nature of their contents,
the acts were consigned to the flames
The canon
of Martin
by
referred to,
is
held in 649 under Pope Martin I. This canon declares that anyone making
use of false documents, false vicars, false witnesses, and the like, and not
repenting,
sit).
is
forever
condemned
(in saecula
saeculorum condemnatus
14
CANON
Summary. Those anathematized
Text. Those who have been anathematized by this holy and ecumenical council are not permitted to paint holy images in the
churches or to give instructions anywhere, no matter whether these
be of a divine or purely secular nature. Anyone employing such persons in violation of this ordinance, if he be a cleric, shall be in danger of being deposed from his rank ; if a layman, he shall be deprived
of holy communion.
Comment. Images
literate
may
il-
read on the walls what they are unable to read in books. Pic-
means of
instruction.
As
disqualified
service of
canon
their security
Text. Since it has come to our knowledge that not only heretics
and wicked persons when they possess themselves of the throne of
14
cf.
Denzinger, no. 274. For a more complete account of this fraudulent Photian synod,
Hergenrother, I, 63055; Hefele-Leclercq, IV, 442-49.
65
Church of Constantinople, but also orthodox and legitimate patriarchs demand for the security of their position from their clergy
the
(including the bishops subject to their jurisdiction) a written decholy and ecumenical council forbids that
this be done in the future, with the single exception of documents in
which according to a prescribed form and ancient custom the bishops at their consecration make profession of their orthodoxy. Anyone who shall dare violate this ordinance, or attempt to do so, or
consent to such an attempt, shall be deprived of his dignity.
from public
affairs in 856,
away
his
by
III.
When
Theodora
re-
put
its
his fellow
still
Bardas,
who had
was no better. With such creatures at the head of the governwhich was always looking for an opportunity to interfere in ecclesiastical affairs and always ready to give ear to ecclesiastical trouble-makers,
of whom there were many in the Eastern Church in those days, or for
that matter at all times till the completion of the schism, no occupant of
Eudokia,
ment,
the present
of the
qualified
of the
Pope and
was resorted
had such
written assurances of support, but these had come to him unsought,
whereas Photius in most cases obtained his by means of threats and ex-
tortion.
CANON 9
Summary. All contracts made by Photius between himself and
his intrusion into the Constantinopolitan see are null and void.
Text. Since Photius long before his intrusion into the Constan-
bound his adherents to himself by written documents or contracts, in order to learn from them a new wisdom, which
is folly in the sight of God, we declare all such contracts null and
tinopolitan see
void.
cleric, let
if
Had
dis-
Church
astrous schism in
history, there
is
in every
and poet. 16 His success as teacher was undisputed, his impression and influence on his pupils, astounding and lasting. During his academic career Photius recruited his future army, and
in it are to be found the real impulses of that whole-hearted enthusiasm
were
sealed
and friends
ence to
by
own
contracts.
evil purposes.
He demanded
a written pledge of
school. It
is
The
his pupils
condemns and
his
declares null
and void.
CANON
Summary.
No
one
is
latter
10
own
patriarch,
Text. No layman, monk, or cleric shall, previous to an examination and conciliar decision, leave the jurisdiction of his own patri-
arch,
Comment. This canon was directed against those who had cut themfrom the jurisdiction of the lawful patriarch, Ignatius, and had
gone over to that of Photius; and against all who were disposed to do so.
To enlist them in his cause, the intruder had recourse to every conceivable
selves off
device to turn bishops, priests, and laymen against the lawful occupant.
15 The extant works of Photius have been edited by Migne, PG, CI-C1V. Hergenrother has published a collection of addenda: Monttmenta graeca ad Pbotittm ejusque
historiam pertinentia, Regensburg, 1869. The most important work of Photius is his
Myriobiblion, which is an incomplete list of books that he had read. It gives descriptions of their contents, often long auotations and critical notes about their authors. It
is
contains a
number
of
Greek
classics
which
New
167
II
intellectual soul.
Text While the Old and New Testaments teach that man has one
and intellectual soul, and this is the teaching also of all the
fathers and doctors of the Church, some persons, nevertheless, blasphemously maintain that he has two souls. This holy and general
council, therefore, anathematizes the authors and adherents of that
false teaching. Anyone presuming to act contrary to the decision of
this great council, shall be anathematized and cut off from the faith
rational
Comment. This canon was occasioned by Photius and those of his adwho predicated of man a psychic dualism. While there can scarcely
herents
be any
doubt that in
doctrine,
it
may
originator of that
or urged
it
its
ac-
ceptance
in
philosophical argument,
a heresy based
and defended
on
trace of that
There
is,
moreover, no
the
In another place
a soul (wov
oral
teaching
he
16
17
this point,
word, utilized
canon.
we
orthodox doc-
on
was misunderstood
his
created the
it
by
intended
by him merely
who
at
17
ff .
Anton Giinther
(d. 1863)
little
discussion dur-
theory of knowledge
maintained that
to the
12
by
secular
power or
intrigues, shall
be deposed.
deposed. 18
who
was raised to the episcopal see of Conthrough the power and intrigues of Bardas.
stantinople chiefly
CANON
13
Sttmmary. For the higher ecclesiastical dignities, clerics attached to the cathedral of
Constantinople shall be chosen, and not strangers or outsiders.
Text
We
decree that for the higher ecclesiastical dignities, clerwho have spent some
time in clerical orders and are known to be of good character and
deserving of preferment, shall be chosen, and not strangers or outsiders (that is, laymen, such as Photius and others). Moreover, those
who hold the office of steward in the houses of princes or on rural
estates, shall not be appointed on the clerical staff of the cathedral.
ics attached to the cathedral of Constantinople,
in this
in the Constanti-
on those only who are worthy of them, and to prevent the recurrence of
a situation such as it was then dealing with. Hereafter the candidates for
the higher ecclesiastical offices, especially for that of patriarch, must be
chosen from the clergy attached to the cathedral and not from the ranks
of outsiders, much less from the ranks of those who are not clerics at all,
as had happened in the case of Photius and others. For in the promotion of
one of the latter classes, there lurks not only the danger that the Church
will be dishonored, but it means also the denial of honor to those who by
their long and faithful service in the Church are entitled to it. Those who
act as administrators in the household affairs of princes or of their rural
estates,
may
the cathedral.
erroneous teachings of Gunther and his school were condemned by Pius IX, "Breve
Exrniiam tiumi ad Card, de Geissel, archiep. Colonien.," 15 Junii, 1857, and "Epist.
Dolore baud mediocri ad episc. Wratislavien. (Breslau)," 30 Apr., i860. Cf. Denzinger,
nos. 1655-58.
18
may through
the sole
169
with
dignities.
CANON
14
dignity, shall
Any
rect
dignity, shall
of
holy communion.
CANON
specified
No
bishop
by the canons.
Summary.
15
No
valuables
till
he has
made
restitution.
CANON
16
Summary. Those who under Emperor Michael ridiculed everything sacred and
placed religion on a level with buffoonery, and have not yet confessed their crime and
atoned for it, are excommunicated.
Text.
170
our holy religion, and have not yet confessed their crime and by
penance atoned for it, are excommunicated for a period of three
years. During the first year they shall take their place with the
flentes, during the second with the catechumens and the third year
shall be spent in the class of the consistentes. If in the future any
emperor or other high official shall stage such buffoonery, it is the
duty of the patriarch and of the bishops who are with him to reprove
and exclude him from the sacred mysteries a severe penance shall
be imposed on him, and if he does not speedily undertake the performance of it, he shall be anathematized. If the patriarch and bishops fail to manifest the necessary zeal in this respect, let them be
;
deposed.
Comment. Emperor Michael discovered a unique way of enjoying himby ridiculing his religion. He hired a clown and appointed him his
patriarch. This man, dressed up in a caricature of bishop's vestments, was
self
religious services,
and
his friends.
his
19
CANON
17
Simrmary. Patriarchs have the right to summon all their metropolitans to the patriarchal synod and to punish them if they are guilty of a misdemeanor. Those who
without good reason fail to heed the summons, shall be punished.
Text The council declares that the patriarchs have the right to
summon to the patriarchal synod and to punish if convicted of a
misdemeanor, all metropolitans who have been elevated by them
either through ordination or through the bestowal of the pallium;
and the metropolitans are no longer to excuse their absence from the
patriarchal synod on the plea that they themselves held metropolitan synods. Even though the general council does not forbid the
latter,
Nor
is it
Moreover,
it is
ture without a very good reason fails to obey the summons of his
patriarch, shall, if he delays two months, be suspended if a whole
year, deposed. He who fails to comply with this decision, shall be
anathematized. 20
;
On
20
171
Comment. The council ruled that patriarchs have the authority to summon metropolitans to the patriarchal synods and threatened with severe
punishment those who without good reason disobey such summons. The
opinion of those
synods
who would
characterized
it
tinction
legistis
imperatores
quibus de fide
est,
tractatum
est,
quae universalis
est,
quaeomn^nn comrmmfs
qmenoJndlum ad clerwos^era^emin^
pertinet christianos?
21
et
ad ornnes omnino
from
provincial synods:
patriarchal
that in
politan
a policy
tators
of the admonitions
it was unbecoming that seculars should be specand punishments that fell to the lot of delinquent
clerics.
canon
Summary. Property and
Church for thirty years,
Text.
18
privileges granted to a
may
that
other
shall
means.
Any
be anathematized.
CANON 19
Summary. Metropolitans shall not go to the Churches of their suffragans and impose burdens on them, squandering the money intended for the poor and other purposes.
own Church
*PL,CXIX,
943.
172
CANON 20
Summary. A bishop who without due notice expels for failure
possesses Church property as emphyteusis, shall be deposed.
to
No
failure to
pay
CANON
Summary. Secular authority
patriarch; nor shall
tory writing.
matized.
Any
shall
21
power attempting
Comment. Thi*
It threatens with'
to
remove from'
is
their sees
this council.
Rome.
173
thrones, especially
and
set
the pope of
It
From an
it is
Rome toward
approval of this
standing claim of
attitude of
the long-
Rome
up
of
as
she
days of Nectarius
three Oriental
greatness
an
patriarchates
live at
to dispute
circumstances,
had become,
after
Rome,
now no
whose
their
former
Constantinople as
patriarch,
by
force of
thority in
of
Council of Florence
by Eugene IV.
canon
22
Summary. All promotions and consecrations of bishops must be made by the election
and decision of the college of bishops,
*74
shall be
2 it
all
bishops
who
seek
or consent to the intervention of secular princes in favor of their promotion and consecration, while in the present one it anathematizes the princes
who
by
all
The
Nicaea
in
canon
down by
is
to be elected
4.
in
such elections appeared about the same time and have been often renewed.
Most of the
and
it is
but for the employment of the Church by the emperors and their
lites as
means of
the
ecclesiastical, espe-
that
satel-
would never
have been a break between the East and the West. This canon was
fre-
canon
Summary. Bishops are forbidden to
Churches.
No
priest or
deacon
23
shall pass
own Church
to
another.
him be deposed.
canon 24
Stmmiary. Metropolitans
their suffragans to
do
their
who
work,
shall
be punished.
175
canon 25
ordained by Ignatius and Methodius but who even now are
adherents of Photius and refuse to submit, are deposed and deprived of all sacerdotal
Summary. All
clerics
functions.
Text.
of
The
Constantinople
and Methodius, but who even now are adherents of Photius and
submit to this holy and ecumenial council, are deposed and
deprived of all sacerdotal functions, as Pope Nicholas had already
decreed, and under no circumstances are they to be listed again in
the register of the clergy, even if they repent. Moved by compassion,
we permit them in that case to receive holy communion as laymen.
tius
refuse to
canon 26
ment rendered,
the
deacon deposed by
his bishop and dissatisfied with the judgappeal to the metropolitan. In like manner may a bishop appeal to
patriarch against a metropolitan.
Summary.
priest or
may
deacon has been deposed by his bishop on acsome crime, and if he maintains that he has suffered an injustice and is dissatisfied with the judgment of his bishop, feeling
that he in his decision was influenced by ill-feeling toward him or
by favor toward others, he may appeal to the metropolitan of the
province, who shall then with the bishops examine the matter in a
provincial synod and pronounce judgment in accordance with the
results of their investigation. In like manner may a bishop appeal to
Text. If a priest or
count of
the patriarch
who
shall
then with the other metropolitans subject to him, decide the matter.
No metropolitan or bishop may be judged by the neighboring metropolitans of his province; this must be done by the patriarch. Anyone
who does not submit to this decision, let him be excommunicated.
Comment. The right of appeal
earliest
conciliar legislation
is
on the subject
is
canon
5 of the First
General
176
by
28
(538), canon 20, and others.
CANON 27
Summary. The customary liturgical vestments are
Bishops are not to wear the pallium to satisfy a spirit
1238-59.
du
(1123)
The
II
September 23,
more
122,
commonly
as
and
that
is,
the
first
investiture
It
abolished
the arbitrary
offices
protect the
possessions
Emperor the
granted the
when
abbots
whatever
the
Pope
Kingdom
of
122
was hailed in
new
of the
era.
For
its
by
this
ratification
and
as the
the First
first
beginning of
in deference to the
1
123) in
wish
Rome
78
Owing
it is
what was the number of sessions held. It was opened most probably on
March 18, 1 123, the third Sunday of Lent; the canons were drawn up on
March 27, and the concluding session was held on April 6. The council
was attended by over three hundred bishops and many abbots from all
parts of Europe and was presided over by Callistus in person. It solemnly
approved and confirmed the agreement_that^had b^eja amyed^Pwith
Henjry V, and then gave consideration to some other matters ^oT" importance. The exact number of disciplinary canons issued by the council
^
a matter of uncertainty.
is
come down
has
that given
to us.
in the
So
What
far as
lists
by Mansl 1
CANON
are de-
money in the Church of God. Has anyone thus secured ordination or promotion in the Church, the rank acquired shall be devoid
of every dignity. 2
for
The
its series
social conditions
and the
ecclesiastico-political rela-
tions existing in
Charlemagne availed
its
The
episcopal
Handbuch
;;
179
office gradually came to be regarded as much a civil office as an ecclesiastical one. The Church was the holder of great landed possessions.
In Germany three of the seven electors of the Empire were churchmen.
Moreover, within the Empire was a number of prince-bishops and mitered
abbots whose temporal rule was more powerful and more extensive than
that of many secular barons. Nor was Germany an isolated instance. True,
Germany was the greatest offender, but the same conditions prevailed
in France, Spain, England, Scotland, and other countries. The result was
the
enslavement of the
Church with
chaos in
of
They
nomination of those
Elections
offices
offices
by
be termed
its
and
its
at times
were obtained
at the price of
by
bribery, in-
own members
in
classic period.
to be set
spiritual offices.
dishonest methods,
and abbatial
episcopal
who were
which may
CANON
Summary. Only a priest
may be archdeacon.
Text
very numerous.*
may be made
No one
provost, archpriest,
unless
of
he
is
Comment. The purpose of this canon was to put an end to the intrusion
laymen and of persons who had not received any major orders into
may be made
^Mention
Leo IX,
Rome, 1049
of Clement
(id.,
(1215),
canon
63.
i8o
The
the standpoint of revenue but also from that of political expediency, the
canon
Summary.
than such as
Priests, deacons,
live
with
women
other
We
Text.
concerning
whom
no suspicion could
arise.
canon 4
Summary. Lay
persons,
be, have
no authority
to
Pope Stephen, 6 we
de-
belongs to the bishop, who shall administer them conformably to the will of God. If therefore any prince or other layman shall
arrogate to himself the right of disposition, control, or ownership
of ecclesiastical goods or properties, let him be judged guilty of
affairs
sacrilege.
this series, it was one of the chief proConcordat of Worms, and contributed perhaps more than
any other to the termination of the struggle between the papacy and the
Empire. It asserts without compromise the principle that ecclesiastical
astical dignities.
Like canon 10 of
visions of the
jurisdiction can
"--..
as
canon
6
is
which
in conciliar collections
21 of this series.
c. 10.
is
given
Among
181
church
he exercised
propria,
full
built or
founded by him. As
it
was
his ecclesia
whom, with
the
pleasure.
churches was abolished, the jus patronatus, however, remained and the
builder or feudal lord
jus praesentandi
whenever
is,
vacancy
those of
were safeguarded
temporalities.
Any
The
was renewed
by
latter
encroachment on these
was
ecclesi-
This canon
14 respectively.
CANON
We
are
infamous.
Comment. The evil here condemned attained its widest extent during
and twelfth centuries. In the synods of Rome and Reims,
the eleventh
Leo IX made
it,
but his
measures
upon
regarded
Whether
as diriment
is
the impediment
was
at that
The
present canon
was renewed
82
by
the Second Lateran Council in canon 17, but even after that the bind-
last
a matter of doubt.
The
Fourth
it
to the
canon 6
Summary. Ordinations by Burdinus and the bishops consecrated by him
are invalid.
antipope set
canon
Summary.
No
one
in
Comment. During
were no
the
parish priests as
one church
in
first
we
each diocese or
district,
and
T
Cf
its
was
the
The
83
gradual expansion of
Christianity
of churches in rural
districts.
which were under the direct administration of the bishop, divine services
were conducted by priests residing at the cathedral. Further growth in
and development we
similar situation
for
came
find in the
less rapidly.
The
erection of rural
the
by
assisted
his
archdeacon.
The
tion scattered
larger rural
centers
spiritual
needs of a popula-
districts.
and a permanent clergy. These were the baptismal or motherat which all the people of the parish were obliged to attend
resources,
churches,
the principal
baptisms
it
tithes.
All
faith-
ful
parish,
of kings
(tituli
also
on the
estates
eighth
usual
were dependent
clergy
is,
ministerial
subject in
various chapels,
when
necessity required,
the bishop's
many
During the Carlovingian period many of these chapels became independent parishes. Then, the division of large dioceses into sev-
copal office.
eral
archidiaconal
necessitated
of
deacon.
is,
number
archipresby-
who was
*Cf. Council of
in
terates,
districts
canons 13
and
cathedral,
14 of rural priests
(315) speaks
184
had the supervision of the rural deans or archpriests. The authority of the
archdeacons, both urban and rural, attained its height during the eleventh
and twelfth centuries when they exercised within their territorial limits
a quasi-episcopal jurisdiction. The power and influence of the deans or
archpriests also kept pace with the march of time and events. The importance of these offices from an ecclesiastical but particularly from a
secular viewpoint brought them under the influences of intrigue. Archdeacons and archpriests often overstepped the limits of their authority
by usurping that of the bishop. This is the abuse which the canon condemned. 9
CANON B
Summary. Military persons
III in 1053
at the head
of a powerful army, but after a severe struggle the papal forces were de-
Leo himself taken prisoner (1053). Regardless of their triumph, the Norman leaders now swore fealty to the sovereign pontiff
feated and
8 Zorell,
"Die Entwickelung
d. Parochialsystems," in
Arcbiv
f.
kath. Kirchenrecbty
1002-03; Imbart de la Tour, Les paroisses rurales du IV* au VI* siecles, Paris, 1900;
Thomassin, Vetus et nova ecclesiae disciplma y I, 221-30, 274-S7; Schroder, Die Ent-
wickelung
d.
Archidiakonats bis
Benefizialwesens v.
Anfang
d. Archipresbyterats u.
bis
185
no doubt had
in
mind
CANON 9
Summary. Those excommunicated by one bishop may not be restored by
others.
We absolutely forbid that those who have been excommuniby their own bishops be received into the communion of the
Church by other bishops, abbots, and clerics.
Text.
cated
Comment. This prohibition is an ancient one, going back in all likelihood to Apostolic times. It was restated by the First General Council in
canon 5 and frequently renewed in subsequent councils. In a period when
confusion and violence were the order of the day and
of
when
the penalty
it
was but
contempt for
it
in
certain circles.
CANON 10
Summary.
Text.
No one
who
became, the
perpetual deposition both the consecrator and the one consecrated in the
event of violation.
To
II
who
those
remission of sins,
the Roman Church.
Text For
we
jgrant to those
who go
communication. Those, however, who with a view of going to Jerusalem or to Spain (that is, against the Moors) are known to have
attached the cross to their garments and afterward removed it, we
command in virtue of our Apostolic authority to replace it and begin the journey within a year from the coming Easter. Otherwise we
shall excommunicate them and interdict within their territory all
divine service except the baptism of infants and the administration
of the last rites to the dying.
this
The
to
Moors
in Spain.
all
who
tribute
as
Many who
in the crusade
its
who owned
later
Pope commanded
all
was
The
command, applied to
to
interdict,
princes and
CANON
12
heirs
is
not to be disposed
Text With the advice of our brethren and of the entire Curia, as
well as with the will and consent of the prefect, we decree the abolition of that evil custom which has hitherto prevailed among the
porticani, namely, of disposing, contrary to the wish of the one deceased, of the property of porticani dying without heirs; with this
FIRST
LATERAN COUNCIL
187
Comment. The
porticani,
who
dwelled in
Peter's.
scholae or quarters
In
it
Roman
his succes-
sors, a
division
among
Emperor
in setting
up Burdinus
as antipope.
canon
13
admonition does
Text. If anyone shall violate the truce of God he 6hall be admonby the bishop to make satisfaction. If he disregards the third admonition the bishop, either with the advice of the
metropolitan or with that of two or one of the neighboring bishops, shall pronounce the sentence of anathema against the violator
and in writing denounce him to all the bishops.
when
the latter,
With
tive.
a perpetual suspension,
God"
(pax Dei)
had proved
ineffec-
may
which implied
temporary suspen-
"peace of
in, in
What
we
was
all
a period of
there raged an
learn
to
II
authorities
its earliest
form,
it
seems,
it
was
re-
a decision that
no one should attack his enemy from nine o'clock Saturday night to one
o'clock
honorem
some
diei
localities
this prohibition
was extended,
in
reason ut orrmis
dominico. Subsequently
memory
in other places, to
88
the
Ember
days and certain feast days, as the Exaltation of the Cross, All
its
11
ab Adventu Domini usque ad octavam Epiphaniae et a Septuagesima usque as octavam Pentecostes, praeterea, ab occasu solis in
quarta feria usque ad ortum solis in secunda feria." This canon became
observed
It was renewed by the Second and Third Lateran Counand 2 1 respectively. The penalty for violation was excom10
is with the penalty that the present canon concerns itself.
canons
munication.
It
canon
Summary Laymen
.
Roman
14
remove
offerings
from the
altars of
churches.
from the
The
Savior (Lateran
altars of any of
the churches or from the crosses. By our Apostolic authority we forbid also the fortifying of churches and their conversion to profane
Basilica), of St.
Mary Rotund,
in a word,
from the
uses.
canon
Summary.
Counterfeiters of
money
shall
15
be excommunicated.
CANON
Summary. Robbers
tolls, let
him be excommunicated
till
he has made
satisfaction.
that
10 Huberti,
passim.
Gottesfrieden
1892; Hefcle-Leclercq, V,
quodam
malitia quasi
morbo
pestilentiae
repleti,
He
horrenda
Omnes
multum ex-
says:
et
nihil
hmnani
alii alios
et,
est, cives,
opportunism
tione exigunt.
quam paganus
plusquam habeant pro redem-
fit,
aliquis,
illis
11
CANON
Summary. Abbots and monks
may
17
etntttutnem.
We
visit
of clerics
reside.
Comment. In the earliest ages of the Church, abbots and monks were
For divine service and the reception of the sacraments they pro-
laymen.
ceeded in a
number
this
tions
and
lenged,
as late as
who
are
monks
souls
11
The
went
so far as to
of parochial activity.
The
discipline
them
Lib.
11,
epist.
V ad
Mansi,
XX,
60-391.
931.
XX, 1295. The writings of GregGregorii Vll registri she epistolarum libri, in
title,
190
by
popes. Synods before and after the tenth century permitted and prohibited
astery.
monks
The
mon-
is
That causes of
this nature
were
at the
scarcely be doubted. 18
per-
mitted abbots, provided they were priests and had received the solemn
rite of benediction, to confer tonsure and advance their monks to the
lectorate.
minor
orders.
Other orders,
as
our canon
canon
Summary. The appointment of
out their consent they
may
rules,
is
it embraced all
must be conferred by
the
the
located. 14
18
churches belongs to the bishops, and withnot receive tithes and churches from laymen.
priests to
Text. Priests shall be appointed to parochial churches by the bishwhom they shall be responsible for the care of souls and
ops, to
Comment. The first part of this canon was directed against the abuse
by which patrons usurped the authority of the bishops in die appointment
of priests to those churches over which they exercised the right of patronage, particularly the jus praesentandi. The evil was an old one and had
been frequently outlawed by popes and synods. In canon 8 of the Synod
of Nimes (1096) Urban II decreed: Clericus vel monachus qui e celestasticum de manu laid susceperit beneficium, quia non mtravit per ostium
sed ascendit alhmde sicut fur et lotto ab eodem separetur officio. 16
y
The second part forbids priests to accept tithes and churches from laymen without the approval of their respective bishops. The tithes here
referred to are those ecclesiastical taxes
become
alienated
came about
Cf
in various ways.
Hefele-Leclercq,
14
Thomassin, op.
15
Mansi,
The
V, 643 f
(1095), Mansi,
which
449. Cf.
canon
15 of the
Synod of Clermont
much
laymen. It
by
property and
ecclesiastical
191
his partisans.
In subsequent
times,
to
property with
by laymen. Finally,
when
of private individuals,
the
its
Then
tithes
became
tithes
belonging to that
church. In his
that the
CANON 19
Summary. Taxes paid to bishops by monks since Gregory VII must be continued.
Monks may not by prescription acquire the possessions of churches and of bishops.
We
bishops.
Comment. Originally
authority of the bishop.
this in
clerics
the
form of
all
The
a law,
Council of Chalcedon
and Justinian decreed that
subject to him."
17
in
all
The Synod
canon 4 expressed
complaints against
16
Thomassin, op. cit. y III, lib. I, cap. 1-11; Stutz, Gesch. d. Beneficialwesens bis AlexIII; Perels, Die kirchl Zehnten rm karolmg. Reicbe, Berlin, 1904; Stutz, "Das
karoling. Zehngebot," in Zeitschr. d. Savigny-Stiftung f. Rechtsgesch. XXIX (1909),
ander
Novella 123,
c. 21.
de
la
dime
eccl. principalement
192
monks
are
under the authority of the abbot, but the abbot under that of
fre-
quently assumed the worst form of tyranny and rapine, monasteries were
by
At
but entire
is
this rule of
confirms.
CANON 20
Summary. Churches and
canon
Summary. Clerics
must be dissolved.
Text.
We
in
major orders
21
We
monks
'
may
following
canons, does not appear to have originated in the First Lateran Council.
"C.16, C.XVIII,
q.i.
193
This seems to be true especially of the present one; for the matter dealt
with in
it
Lateran.
Although
at the
clerical celibacy
its
ob-
the period of
war
Em-
servance
pire.
cal
was reduced
practically to a
minimum during
morality reached
ently disappeared.
its
During
this
all
dark period,
this
orously continued
finally
brought
it
by
and
under control. 19
CANON 22
Summary. The
made by
Ravenna
is
condemned,
Text. The alienation that has been made especially by Otto, Guido,
Jerome, and perhaps by Philip of possessions of the exarchate of
Ravenna, we condemn. In a general way we declare invalid the alienations in whatever manner made by bishops and abbots whether intruded or canonically elected, and also the ordinations conferred by
them whether with the consent of the clergy of the Church or sienactment on the subject of clerical celibacy is canon 33 of
(305), which imposed it on the three higher orders,
bishops, priests, and deacons. If they continued to live with their wives and bring
forth children after their ordination, they were to be deposed. An attempt to impose
celibacy on the clergy was made at the first general council, but it seems the arguments of Paphnutius against it prevailed. The council then contented itself with the prohibition expressed in canon 3. Justinian permitted no one to be consecrated bishop who
had children. The Synod of Melfi (1089) in canon 12 ruled that a subdeacon who refused to separate himself from his wife, was to be deprived of his office and benefice.
If, on being warned by the bishop, he did not put her away, the overlord was permitted
to take her as a slave. Leclercq, "La legislation conciliaire relative au celibat ecclesiastique," in Histoire des concilesy II, 1321-48, where an abundant literature on the sub19
The
earliest conciliar
the Spanish
Synod of Elvira
ject is given.
94
We
moniacally.
These were the four schismatical successors of the antipope Guibert in the archiwas intruded into the Roman see by Henry IV.
(1139)
The day
of Anacletus
few hours
also a
He
later
II.
same day, February 23, the former in Santa Maria Nuova, the latter in
By
St. Peter's.
Roman
was for a long time prevented from performing the duties of his office
in Rome. When he learned that the influential family of the Frangipani,
Not
feeling safe
even here, he
fled
by way of
VI
Pisa
his cause
and
in Trastevere.
Bernard, St. Norbert, and others, obtained the support also of the
French and
great
German
synod held
at
bishops.
On November
18, 11 30,
he presided over a
Aix,
18,
is
uncertain.
it
Some
The number
29.
of bishops in at-
largely attended
in
Castile.*
Mansi,
195
Italy,
196
His cause was steadily gaining ground, when the death of Anacletus
January, 1138,
left
him
in
in
the papacy. 5
To
remove the
evil
Innocent convened the Second Council of the Lateran. It began its sessions
on April 4, 1 1 39, and was attended by nearly a thousand prelates: patri-
probable
when we
evils
One
own
election and
it
seems more
than merely probable that the Pope was not content with this only, but
went
from that
form a neces-
II, cf.
Grauert,
/.<:,
197
canon
Summary. Anyone simoniacally ordained
all
that
we
shall
be deposed.
We
canon
the
Summary.
If
demned.
and
is
ecclesiastical
promotions and
lose
what they
the one
in the
illicitly
who
This
is
is,
Omnes uno
canon 16 ruled:
basilicis et
est, ita
And
balsamum emant
et
church
is
anything to be demanded.
Some
there were
who
maintained that
and to canons
10
Mansi,
1, 3,
XIV,
and 4 of London
(1 138)
198
simony
then committed
is
is
non delinquere quod non ante sed post ordinationem acciprunt. Accipere
autem accipere est, quomodocwnque fiat. 11
Nor shall anyone presume to give, that is, he on whom a benefice or
honor has been conferred, or whose church has been consecrated, etc.
All of these prohibitions are, of course, based on the command of Christ
se
CANON
others.
We
communicate knowingly with one excommunicated before he is absolved by the one who excommunicated him, shall incur the same
penalty.
Comment. The
is
is met
and preceding periods. The
a reaffirmation of the ancient and traditional policy
first
is
this
who
excommunicated,
by Rom. 16:17;
by
the
as
is
attested
in canons
1, 2,
10; II John 10 1 1;
and by numerous sub-
Tit. 3
4,
sequent synodal decrees. In the early Church there was only one kind of
excommunication properly so
major. 12
clerics
called, that
known
later as
excommunicatio
11 Epist. LIII.
12 Beside the complete
when
the
199
discipline, this
of ecclesiastical
those
deposition
who
The
was
is, it
identical
with the
state
had incurred
it
penalty incurred
by
Ad
constitution
at
till
made of any
no exception was
class
by Martin V.
Constance
It
German
law. Till
it
distinction
who
indirectly
all
became universal
when once they were known as such. This constitution restricted unlawful communication to the notorii clericorum percussores and to those
formally
named
as persons to
modern times of
this
became a matter of
twofold
class of vitandi,
in
minor excommunication
little
exist.
14
canon 4
Summary. Bishops and clerics should so conduct themselves that they do not offend
those whose model and example they should be.
Text.
We
strive to
command
be pleasing to
God and
to men,
come to an end, alienatwn se a jratrum comrnunione cognoscat; nec eum recipi liceat,
nisi in sequenti synodo juerit absolutus (c.12, D.XVIII); similarly the Synods of Agdc
(506) in canon 35 (c. 13, D.XVIII), of Tarragona (516) in canon 6 (c.14, D.XVIII,
etc. The same penalty is imposed by the Sixth Synod of Carthage (401) in canon 14
who
should promote a monk not of his diocese to the clerical state, or apone superior of a monastery within his diocese (Hefele-Leclerccj, II, 129).
13 Innocent III distinguished between intercourse or communication
knowingly held
with one excommunicated in cr'miine crimmoso, that is, giving advice or aid of any
kind in the crime for which the excommunication was incurred, and ordinary communication, that is, ordinary conversation with, or praying or eating with the one
excommunicated. The former was punished with major, the latter with minor excommunication (c.29, X, De sentent. excomm., V, 39).
14 Kober, Der Kirchenbann, Tubingen,
1863; Hollweck, Die kircblichen Strafgesetze,
on a bishop
point such a
Mainz, 1899.
200
sensions, or the color of their clothes, nor in their tonsure, offend the
sight of those whose model and example they ought to be but rather
let them manifest the sanctity that should be part and parcel of their
office. But if, admonished by their bishops, they do not amend, let
;
them be deprived of
their benefices. 15
canon
Summary.
must remain
by anyone.
CANON 6
Summary.
women
shall
be deprived of their
office
and
benefice.
We
canon
Summary. Masses celebrated by members
bines arc not to be attended by anyone.
of the clergy
who
15 Identical
16 Identical
17 Identical
21
of
Lateran.
201
CANON
Text.
which
We
God
if,
canon 9
Summary. Monks and canons regular are not to study jurisprudence and medicine
sake of temporal gain.
for the
in the
We
Church. 18
Comment. The
lar
18
to
first
Identical
with canon
civil law,
of Clermont.
202
when
took steps
in the
by
pations
The
clerics.
its
condemn
is
What
The words
sit
regular
who
that there
tive of avarice,
of
nuntius,
it
afforded
them
women.
CANON 10
may not be appropriated by laymen. Likewise laymen possessing churches must return them to the bishops. Ecclesiastical honors are not to be
conferred on young men.
Summary. Church
tithes
of churches
We
We
We
We
have
its
own
priest.
CANON
Summary.
II
all
times be
secure.
We
Text.
command also that priests, clerics, monks, travelers,
merchants, country people going and returning, and those engaged
19
Cf canon
.
of
Latcran.
203
which they
till
the soil
and that carry the seeds to the field, and also their sheep, shall at all
20
times be secure.
CANON
12
all
in their
power
to
peace.
Text.
We
God be
strictly observed
by
all
against
Comment. The two foregoing decrees deal with the truce of God, of
1 7 of the foregoing coun-
The
private
warfare which
made Europe
a battlefield
few days or
a year.
was brought about by a slow and gradual process that was born in
very
soil,
CANON
Summary. Usurers are deprived of
the mark of infamy.
Text.
We
fields,
13
all ecclesiastical
condemn that detestable, disgraceful, and insatiable rawhich has been outlawed by divine and human
pacity of usurers
20 Identical
places.
11 of
Reims.
204
New
clesiastical consolation,
Testaments, and
commanding
that
we
less
let
burial. 21
canon 14
Simmiary. Tournaments are condemned. Anyone losing
deprived of Christian burial.
Text.
We
them
his life in
shall be
or tourna-
ments
in
means of
settling private
dangered the
life
It
always en-
the
is
Synod of Clermont
a repetition.
Though
30) in canon 9, of
severer measures
canon
Summary. Anyone laying
Likewise he
who
lays hands
violent hands
15
on a
cleric or
in a
monk
shall
be anathematized.
church or cemetery.
We
21
Jahrb., in Festgabe
1$.
205
consists of
two
The
parts.
accorded
first is
the celebrated
and
religious, and
commonly known as the privileghim canonis. From early times violence
against a cleric was punished by fines, severe canonical penances, and some22
The Roman Synod of 862 or 863 declared in
times excommunication.
canon 14 ipso facto excommunication against anyone deliberately injuring a
bishop. In the anarchy of the centuries that immediately followed, and
especially during the anticlerical disturbances created by Arnold of
Brescia in the twelfth century, ecclesiastics and religious, forbidden to
carry weapons, were constantly exposed to physical harm and frequently
suffered bodily injury from the violence of men and mobs. And so the
Church was compelled to formulate more stringent measures for their
protection. In canon 1 3 of the Synod of Reims (
3 ) Innocent II issued
the celebrated decree Si qais madente diabolo> by which he enacted that
anyone maliciously laying hands on a cleric or monk incurred ipso facto
anathema, absolution from which, except in danger of death, was reserved to the Holy See and must be sought by the offender in person.
The present canon renews that of Reims and gives it a universal application. It is the first instance of a papal reservation and therefore holds an
ecclesiastics
it
ordinary.
23
The terms
cleric
and
monk
in the
is
own day
with
reserved to the
wide sense and embraced all clerics in major and minor orders,
24
lay brothers, 25 novices 20 and tcrtiaries
tonsured persons, monks, nuns,
in a
living the
common
life
common
life,
habit.
who
Women,
however, lay
injure
another
absolution
not
accomplices.
The second part of the canon deals with the right of asylum. It threatens
anyone who should inflict injury on those who
with excommunication
C.XVI1, q. 4;
Codex Juris Canonici, c.2343, no. 4.
24 C.33, X, De sent, exconini., V,
39.
22C.21-24,
23
26
C.33
26
C.2i,
27
C.33
cit.
VI 0 De
,
cit -
sent,
excomm., V,
11.
206
have taken refuge
among
in a
in the
districts
were places of refuge where the criminal fled for protection from revenge
or death without due trial. The right of asylum is based on the natural
feeling or consciousness that it is unjust to injure anyone who places himself under the protection of the Deity. When the Christian religion became the religion of the state, it was but natural that emperors should
elevate churches and episcopal residences to the right of sanctuary. In one
of his capitularies, Charlemagne decreed that no one who had taken refuge
left
in a
undisturbed
to the church
and
its
was more
clearly defined
By
Our
canon
later enactments
its
benefits
girls,
fields,
who
chose such places for the scene of their crimes in order to enjoy immunity.
Since the sixteenth century
it
necessity,
of
the church.
canon 16
Summary. No one shall demand any ecclesiastical office on the plea of
right. Such offices are conferred in consideration of merit.
hereditary
Owing
scended
fiefs
clergy, bishops
207
priests,
who had
treated as property
to son. Likewise
which de-
many
of the
canon
17
such unions. 28
CANON
Christian burial.
They
18
condemned and
its
till
Summary. Incendiarism
is
they have
made
reparation.
Text.
and Paul
astating, horrible,
this hostile
excommunicated. Moreover, when incendiaries die, let them be deprived of Christian burial. Nor shall they be absolved until, as far
as they are able, they have made reparation to those injured and have
promised under oath to set no more fires. For penance they are to
spend one year in the service of God either in Jerusalem or in Spain.
canon
restore
office
28
Cf canon
.
19
Text. If
of
Lateran.
208
CANON 20
We do not
deny
and princes the authority (facultatem) to dispense justice in consultation with the archbishops and
Text.
to kings
bishops.
Comment. The
is
evi-
dent from canon 13 of the Synod of Clermont, with which they are
29
Arson was one of the crying
identical and which Innocent here renews.
evils resulting
strifes
by
fire, at
thus reducing helpless and innocent people to misery and dire want, which
often proved detrimental not only to their bodies but to their souls
well. In the ancient
the
canon law,
the incendiary
loss,
as
canon
Summary. Sons of
priests
21
altar.
We
Text.
decree that the sons of priests must be debarred from
the ministry of the altar, unless they become monks or canons regular.
abilities
dis-
Wives and
concubines
were
liable to
The Synod
rights,
because saepe
solet
that the sons of clerics in major orders are to be held forever as serfs
the
Synod of Bourges
canon
2Cf.
80
c. 3
C.3,
2,C.XXIII, q.8.
C.XV,
q.8.
not to be accepted.
is
ever order
II
civil
209
what-
less
the ministry
ligious
nataihim
of approved orders.
life
is
obliterated
by
cal
life,
it
offers,
of their fathers.
steps
The
religious profession.
From
ecclesiastical benefices
and from
all ecclesiasti-
opens the
dignities
way
it
canon
22
Summary. Bishops and priests are admonished to instruct the people against
false
penances.
the
and
canon
is
16
directed
31
Mansi,
32
also
III,
is
107-111.
33
34
James 2:10.
Denzinger, no. 366.
Synod of
/.
c; Hefele-Leclercq,
/.
c.
210
against the abuse so prevalent, especially during the eleventh and twelfth
without
and
laxity of bishops
and
had
priests,
who
CANON 23
Summary. Those who
civil
power
is
word
a
37
for
word
repetition of canon
named
whom
of the
Petrobrusians,
were
five:
(1) Baptism
must be preceded by
personal
who
hence
its
administration to children
built,
built
must be
de-
spiritualistic
What
is
of
is
flesh
36
211
CANON 24
Summary. Sacramentals
We
Text.
chrism, oil,
shall
be
gratis.
CANON
Text
If
shall be
demanded
for
burial.
Summary. Ecclesiastical
astical
money
and
offices
may
25
anyone has received a deanery, prebend, or other ecclesifrom the hands of laymen, he shall be deprived of
benefices
the benefice
the
may
be,
have
canon 26
Women who
Summary.
We
some
institutes of the
chiefly against
number
of
against
88
immune
who
212
in their
own
they entertained,
left
over by Eugene
III,
the guests
few years
in
canon 27
Summary. Nuns may not
Text.
monks.
Comment.
The
In the
Decretwn
this
found
their
way
canon
it
is
one.
had
contains arose
had
the desired effect. In fact, about the year 1220, Jacques de Vitry wrote of
churches in
Germany and
the Netherlands in
which on solemn
festivals
the canonesses and the canons not only sang the divine office in the same
choir, but also
side
marched
is,
side
by
side.
on one
40
canon 28
Summary. Men of piety
Text. Since the decrees of the fathers insist that on the death of
bishops the Churches be not left vacant more than three months, we
forbid under penalty of anathema that the canons of cathedrals exclude from the election of bishops viros religiosos (that is, monks
and canons regular), but rather with the aid of their counsel let a
capable and trustworthy person be chosen for the episcopal office.
If, however, an election has been held with such religious excluded
and held without their assent and agreement, it shall be null and
void.
s
dunt." Historia,
lib. II,
c.31.
**3
CANON 29
Summary. Slingers and archers directing their
matized.
We
principal feature of
danger
it
involved. 41
CANON 30
Summary. Ordinations by the antipope are
null.
Hefele-Leclercq, V, 455.
Nicaea, note 106.
42 Cf. I
(1179)
The
History.
(May
sions,
29,
III
(1159-
81) as the true pope, thus putting an end to the schism of three successive
antipopes,
which covered
an article
in the treaty of
Venice
by
agreement with
between the Pope and the Em178) convoked the Third General Coun(1 177)
Its
purpose was
condemn current
the schism, to
to
errors, and to
correct abuses
ecclesiastical disci-
CANON
Text. Though laws sufficiently clear have been issued by our predecessors to avoid contention in the election of a supreme pontiff, but
Mansi, XXII, 209 ff.; Hefele-Leclercq. V, 1086-1112; Hergenrother, Handbucb d.
Kirchengeschichte, II, 5th ed., 468 ft.; Reuter, Gesch. Papst Alexander III u. d.
Kircbe seiner Zeit> Leipzig, 1864; Pissard, La guerre sainte en pays chretien, Paris, 1912;
1
allg.
214
and
outstanding
215
because of the boldness of detestable ambition, the Church has frequently suffered grave schism notwithstanding these laws, to avoid
we
have, with the advice of our brethren and with the apholy council, decided to add something.
decree,
therefore, that if by chance any hostile person has sown cockle
among the cardinals to influence the election and if a complete agreement cannot be reached, two-thirds agreeing while the other third is
unwilling to agree or arrogates the right to choose another, he without any exception shall be acknowledged as pontiff of the universal
Church who has received two-thirds of the votes. But if anyone who
has received only one-third of the votes should usurp the name of
bishop (that is, bishop of Rome), both he and those who acknowl-
this evil
We
proval of the
edge
him
shall be
and denied
Comment. There can hardly be any doubt that the preceding council
of the pope to the cardinals. In the present canon
who
is
are present.
to be chosen
What was
by
to be
done in case such a majority could not be obtained, the canon does not
state.
1268,
years
ory
in the
for a period of
in
two
To prevent the recurrence of such a delay, GregSecond Council of Lyons (1274) promulgated the law of
the conclave.
In case
anyone
who had
received
less
(Num., chap.
16).
without
216
CANON
by those consecrated by them. Those who have received ecclesiastical dignities or benefices from the hands of the
aforesaid schismatics shall be deprived of the same. The alienation
also of ecclesiastical properties by the same schismatics or by the
laity, has no force and must be returned to the Church without any
charge. If anyone presumes to act contrary to this, let him be excommunicated. Those who have freely sworn to adhere to the schism,
we declare suspended from sacred orders and dignities.
tions performed
who
III.
Lacking
sufficient support, he
who had
freely sworn
CANON
bishop should show in his own life how others are to conduct themSimmiary.
selves. No one is to be promoted to the episcopate who has not attained the age of
is of legitimate birth and upright character. Bishops-elect who are not
consecrated within the time specified by the canons, shall be deprived of their benefices. Candidates for inferior offices must be twenty-five years of age and, unless they
receive sacred orders within a reasonable time, others shall replace them, notwithstand-
thirty years,
ing appeals.
217
and the
by the canons within which bishops must receive conhe whose duty it is shall have unrestricted
authority to dispose of those benefices which he possessed. Inferior
ministries also, as deaneries, archdeaconries, and others that involve the cura animarum and the government of parochial churches,
shall not be conferred upon anyone unless he has attained the age of
twenty-five and is able to meet the requirements in the matter of
knowledge and morals. But when such an appointment has been
time specified
made, and the archdeacon is not raised to the diaconate, and the dean
and the others to the priesthood within the time fixed by the canons,
they shall be removed from office and others who are willing and
capable to discharge
it
Nor shall
by chance through an ap-
them any,
if
peal
law. This,
by
be replaced
by
others.
by
Clerics
who
mentioned, incur a twofold penalty: (1) they are deprived of their right to vote for a period of three years, and (2) for the
same number of years they are ipso facto suspended from their ecclesiasti-
the qualifications
cal benefices.
series.
all
the benefices
2l8
is
church only
fill
cancy
in a
not apply,
in
on the chapter or
metropolitan."
CANON 4
Summary. The council determines the number of horses
on
tions.
prelates
may
exac-
Text. Since the Apostle decided to support himself and those accompanying him with his own hands that he might nullify the
preaching of the false apostles, and at the same time not be a burden
to those to whom he preached, it is a very serious matter and ought
to be corrected, namely, that some of our brethren and bishops (in
their visitations) make such exorbitant demands on their subjects
that these are at times compelled to offer church ornaments for sale
in order to meet these demands, and the food that would otherwise
last a long time is consumed in one brief hour. Wherefore we decree
that archbishops making their parochial visitations shall have in their
trains not more than forty or fifty horses, according to the different
conditions of the provinces and the resources of the churches; cardinals not more than twenty-five bishops not more than twenty or
thirty; archdeacons five or seven at most, and deans are to be content with two. Neither shall they take with them hunting dogs and
birds, but on their journey let them seek not their own, but the
things of Jesus Christ. Nor shall they ask for sumptuous meals, but
with gtatitude let them receive what has candidly and in proportion
;
8
4
VI0 de elect., 1, 6.
Kober, Die Suspension, 252
C.37,
The
f.
6 of the
Synod of Sardica
(c. 343)
Das Devolutionsrecht,
Stuttgart, 1906.
219
We
to
greater liberty
granted to them.
Comment. Many are the complaints of synods against bishops and others
who in the course of their parochial visitations oppressed the people by
exorbitant exactions. It
is,
the sustenance
nonical visitation
it
mentioned
already
is
which is necessary for a bishop in the course of his caand which the visited churches had to furnish. We find
in the
When
several
casions.
It
may be noted
pomp and
days
To
provide
and their horses even for a single day required from the parish a
display of
not a
little
generosity.
Cc.2,
7
3,
VI 0 De
,
its
De
220
CANON
Sunmiary.
No
one
is
to be ordained without a
title
unless he has
means of
his
own.
Text. Should a bishop ordain anyone to the diaconate or priesthood without a title from which he may derive the means of suitable
subsistence, he shall provide such a one with means of proper support until he can assure him an ecclesiastical revenue, unless the
cleric so ordained is secured against need by his own fortune or
patrimony. 8
CANON 6
Summary.
ical
a religious.
An
appellant
who
when
his case
is
a previous canonespecially
if
he be
called, shall
make
Cf canon 6 of Chalcedon.
.
221
en-
CANON
sacraments.
in-
obsequies,
sacraments; so that he
ecclesiastical
canon
222
the punishment of the divine judgment, if the hope of future succession, which even pagans are careful to condemn, should find a place
in the Church of God. But when it happens that ecclesiastical prebends or any offices become vacant in some church, or even if they
now
vacant, let them not long remain so, but within six months
them be conferred on persons who are worthy and capable of
administering them. If the bishop, where this is his duty, delays to
do so, let it be done by the chapter. If this duty belongs to the chap-
be
let
and is not performed within the time prescribed, then the bishop
with the advice of pious men shall make the appointments. But if
all these are negligent in this matter, the metropolitan shall appoint
to these offices without interference from them and in accordance
with the interests of God.
ter
canon 9
may not
laics
Text. Since
foster its
We
"3
and we decree that all excesses and all conduct, the lawfulness of which may be questioned, be removed. We forbid them and
all other religious to receive churches and tithes from the hands of
laymen without the approval of the bishops, and those are to be
given up which recently they have received contrary to this instruction; and we ordain that those who are excommunicated and those
also nominally (nominatim) under interdict be avoided by them and
by all others, according to the decision of the bishops. For those
churches that do not belong to them pleno jure, let them present to
of a few,
canon
10
Summary. Money
monastery.
in
extremis
Text.
No money
into the
is
monastery.
separately in
towns
to be
their entrance
chial
"Woe
him
says:
to lift
to
that
is
alone, for
4: 10).
But
if
An
abbot also who does not carefully observe these instrucexpose himself to deprivation of office. Priories also
(that is minor monasteries) shall not be conferred upon anyone for
a price, otherwise both the giver and the receiver shall be removed
from the ecclesiastical ministry. Priors of conventual churches,
when they have been canonically elected by their chapters, are not
to be removed except for a just and manifest reason, as, if they have
been guilty of squandering or of living incontinently or of anything that may justly demand their removal or if with the counsel
of the brethren they are promoted to a higher office. 9
ligious.
tions, shall
canon
Summary.
be deposed from
be excommunicated.
office
and deprived
of
Text
ture,
penance
off
"5
12
Summary. Clerics
in
and upwards and also those in mifrom the revenues of the church,
not act as advocates in legal matters in the presence of a secunless such matters concern their own cause or the cause
of their church or that of unfortunate people who are unable to
handle it themselves. Neither shall any cleric presume to accept the
office of general procurator of a town or assume secular authority
under princes or other seculars that he may become their justi-
shall
ular judge,
ciary.
11
If
Apostle
this,
which
is
worldly business" (II Tim. 2 4), let him be deposed from the ecclesiastical ministry, since, having neglected the clerical office, he de:
But should
canon
13
Summary. Several churches are not to be conferred on one person, and a church is
to be conferred on him who is willing to devote himself to the work connected with
it, otherwise he shall be deprived of it.
the sacred
them.
judge. During the eleventh and twelfth centuries these were selected
from the secular nobility but also from the clergy, though the latter had been
forbidden by numerous canons to assume secular offices. Notwithstanding this decree
of the council, the evil continued to flourish in England where many bishops and
11 Justiciary,
not only
226
CANON
14
Plurality of churches
is
prohibited.
We
canon
Summary.
the church.
tion, shall
Clerics cannot
He who
gives
be deprived of
by
15
money
that he
may
jurisdic-
his office.
227
churches,
Moreover, since in certain sections deans are appointed for a conand exercise episcopal jurisdiction for a certain sum of
money, we declare in the present decree that he who shall presume
to do this in the future, shall be deprived of his office, and the bishop
shall lose the right of conferring that office.
sideration
canon
16
Summary. The decisions of the majority and the more discreet part of the chapter
must always prevail, unless the minority can
show
reasonable cause.
Text. Since in all churches what has been enacted by the greater
number and more prudent part of the brethren ought to be observed
without delay, it must be considered as very serious and reprehensible when sometimes in certain churches a few members, prompted
not by reason but by their own wilfulness, obstruct the decisions
arrived at and will not permit ecclesiastical order to take its course.
Wherefore, we ordain in the present decree that unless some reasonable cause be shown by the minority, the enactments determined
upon by the majority and the more discreet part of the chapter must
always prevail and be carried into effect without the intervention of
an appeal. Neither can it hinder our decision if anyone perchance
declares that he is bound by oath to preserve intact the customs of
his church. For contracts., that run counter to the interests of the
Church and the decisions of the fathers are not to be regarded as
oaths, but rather as perjuries. If anyone shall presume to swear to
preserve intact customs that are contrary to right reason and in
conflict with the sacred canons, let him be excluded from the recep12
tion of the body of our Lord until he has done adequate penance.
fruit.
ciplinary decrees.
That
in
12 It is
this
way
interests,
goes
to be noted that in all editions of this council the text of the last sentence of
decree
is
variants in the
margin but
Even
its
correction. Friedberg
by
which
Corpus
is
Juris
as follows:
autem hujusmodi consuetudines, quae nec ratione juvantur nec sacris congruunt
tnstitutiSy jurare praesumpserit y donee dignam egerit poenitentiam a perceptione sit
Si quis
228
without saying. Their objection that they were bound by oath to preserve
intact the customs of the cathedral church to which they were attached,
and that the freedom hitherto enjoyed by them formed part of those customs, was met by the council's declaration that an oath to perpetuate abuses
and customs which militate against right reason and the canons of the
Church, is no oath at all or at most a false oath, perjury. The term perjurium in this decree must be understood in a wide and comprehensive
sense, as
void.
canon
Summary.
17
their heirs,
who
many
rectors,
all
that
that
rec-
229
13
tor.
CANON
in
18
Text.
The Church
of
God
as a devoted
mother
is
bound
to pro-
vide for those in need, not only in the things that pertain to the
body but also in those that pertain to the good of souls. Wherefore,
that the opportunity of acquiring an education may not be denied to
the poor who cannot be aided by their parents* means, let some suitable benefice be assigned in every cathedral church to a master who
shall teach gratis the clerics of that church and the poor students,
by means of which benefice the material wants of the master may be
relieved, and to the students a way opened to knowledge. In other
churches also and in monasteries, let it be restored if in times past
something of this sort has therein existed. For permission to teach,
no one shall exact a fee or under pretext of custom ask something
from those who teach nor shall anyone who is qualified and seeks
a license be denied the position to teach. Whoever acts contrary to
this shall be deprived of his ecclesiastical benefice. For it is proper
that he have not the fruit of his labor in the Church of God, who
through cupidity endeavors to impede the progress of the churches
by the sale of permission to teach.
;
is
unknown or unheard of. Inour council these schools had already attained the name
he introduced the
common
among the clergy of his cathedral church and charged them with the
conduct and management of the school attached to this church. In cities
and towns where there was no cathedral, the canons in charge of the local
life
churches were organized along the line of the cathedral clergy and con-
Each of these was divided into two departwhich reading, writing, etc., were taught, and
major, which embraced either the trivium only or the full cur-
Mansi,
" Id.,
XIV,
98.
XVIII, 148.
230
riculum of the seven
few of
had been
estab-
The
present council,
CANON
Summary. Laymen who impose
taxes
on
19
clerics
if
municated.
who
do,
no
burdens on the churches and so oppress them with heavy and repeated exactions, that the condition of the clergy in those districts
is worse than it was under Pharao who had no knowledge of the
divine law. He, indeed, having reduced all others to servitude, left
the priests and their possessions in their former liberty and supplied them with food from the public stores (Gen., chap. 47). But
these impose upon the churches nearly all their burdens and afflict
them with so many compelled services (angariis) that to them may
be applied the words of Jeremias "The prince of provinces is made
tributary" (Lam. 1:1). Whether it be trenches to be built or expeditions to be made or whatever else they think ought to be done,
they are obsessed with the idea that the defraying of the expenses
for all these things ought to be met from the goods intended for the
use of the churches, the clerics, and Christ's poor. They also so
restrict the jurisdiction and authority of the bishops and other prelates that no power over their subjects seems to remain to them. Under these circumstances the churches are to be pitied, and equally
so they who seem to have absolutely discarded the fear of God and
reverence for ecclesiastical orders. Wherefore, we forbid under penalty of anathema that they do such things in the future, except with
the consent of the bishop and clergy and then only in extraordinary
cases, namely, when the resources of the lay people do not suffice
to meet the common necessities, then the aid of the churches may
be enlisted. If magistrates and others should presume to do this in
the future and take no heed of any warning, they and their partisans
shall be subject to excommunication; nor shall they be restored to
:
16 Cf. IV Lateran Council, canon 11. Post, Alexander 111, the "Licentia Docendi"
and
the Rise of the Universities, in Haskins Anniversary Essays in Mediaeval History (New
the
faithful
till
23
tion.
canon 20
Summary. Tournaments are forbidden. Should anyone meet
shall
his
death therein, he
CANON
Summary. The
21
God
is
Text.
We
command
God be
inviolately observed
by
all
and does not make satisfaction after the third admonition, his
bishop shall direct the sentence of excommunication against him
and in writing shall announce his action to the neighboring bishops,
it
whom
none of
shall restore to
is
not easily broken'* (Eccles. 4: 12), we command that bishops, havmind only God and the salvation of the people, and discarding
ing in
all
tepidity, offer
firmly establishing
CANON
22
16 Cf.
17
Cf.
17 of I Lateran.
who
imposes
canon
Summary. Lepers may have
empt from paying tithes.
their
own
23
They
are ex-
to be
canon 24
Simmiary. Christians giving aid to the Saracens are excommunicated, their possessions shall be confiscated, and they themselves reduced to slavery. They also are excommunicated who capture and rob Christians.
Text. Savage cupidity has taken possession of some to such an extent that, while they glory in the Christian name, at the same time
they supply the Saracens with arms, iron and bands for the construction of their galleys, and thus become equal and even superior to
them in malice, since they furnish them with arms and other necessaries to attack the Christians. There are some also who to satisfy
their avarice assume the guidance and piloting of galleys and piratical ships of the Saracens.
18
Cf canon
.
1 1
We
233
excommunicated for their iniquity, that their possessions be confiscated by the Catholic princes and magistrates of the cities and
that they themselves, if captured, be reduced to slavery by their
captors. We command, furthermore, that excommunication be frequently and solemnly pronounced against them by the churches of
the maritime cities.
CANON 25
Summary. Notorious usurers are denied communion of the
that sin, also Christian burial.
from
to
Anyone who
altar and, if
they die in
his office.
hibition, pass
business of usury, as if
CANON 26
Stmtmary. Jews and Saracens may not have in their houses Christian slaves. Those
presuming to live with them shall be excommunicated. The testimony of Christians
against them is to be accepted. Jews becoming Christians are not to be disinherited.
19
234
God any should be converted to the Christian faith, they shall not
be disinherited, for those so converted ought to be in better circumstances than before they received the faith. But if the contrary
has taken place, we enjoin the princes and rulers of those localities
under penalty of excommunication that they take action to the effect that their inheritance and possessions be restored to them ex
integro.
canon
Summary. Heretics and
they die
in their sin,
they
Though
Text.
all
27
who
shall
with
spir-
judgment and does not inflict bloody punishments, it is, however, aided by the ordinances of Catholic princes, for men often
seek a salutary remedy for their souls only when they fear that
some severe corporal punishment will be imposed upon them.
Wherefore, since in Gascogne, in the territory of Albi, in Toulouse
and its neighborhood, and in other places, the perversity of the
heretics, whom some call Cathari, others Patarini, and others again
Publicani (Pauliciani?), has assumed such proportions that they
practice their wickedness no longer in secret as some do, but
preach their error publicly and thus mislead the simple and the
weak, we decree that they and all who defend and receive them are
anathematized, and under penalty of anathema we forbid everyone
to give them shelter, to admit them to his land, or to transact
business with them. If anyone should fail herein and die in that
sin, not under pretext of privileges granted him by us nor by any
other subterfuge, shall an offering be made for him nor shall he re-
itual
ment
and
Those who are bound to them by any agreefrom the obligation of fealty, deference,
all
iquity.
service so long as they (the heretics) continue in their inall the faithful we command in remission of their
These and
sins that they vigorously oppose such pests and defend with arms
the Christian people. Let their possessions be confiscated and let
*35
the princes
we leave
it
place under the protection of the Church, as we do the cruHoly Land, those who in the ardor of faith take up this
work of conquering them, and we decree that they remain secure
from all disturbances in their possessions as well as in their persons.
time
we
saders to the
That
is,
plenary indulgence.
by means
of a
(12 15)
The Fourth
ecclesiastical
astical life
it is
ecclesi-
This distinction
it
derives
in
it.
It
was
the
culminating point in the reign of one of the greatest popes of the Middle
Ages.
From
it
its
end
that
19,
which was sent to the patriarchs, archbishops, and bishops of Christendom, both East and West, the Pope states the purpose of the council
and outlines the preparations to be made for it. "Two things," he says, "lie
particularly near my heart: the regaining of the Holy Land and the reform
of the whole Church. Attention to both can hardly be delayed any longer
12
3,
by means of which
evils
may
be uprooted,
the faith strengthened, disputes adjusted, peace established, liberty protected, Christian princes
salutary decrees enacted for the higher and lower clergy. Since, however,
a general council cannot be realized before
made
two
Holy Land,
in
all
so that afterward,
if
237
representatives, for
also
occupy
itself.
In the
meantime bishops must carefully investigate and make note of those things
respective dioceses need correction, in order to lay
that in their
papal deputies
They must
them be-
may
be negligent
carrying out the above instructions without laying himself open to ca-
in
nonical
kings, to the
all
Christian
The
of
Armenia.
Basilica,
(Luke 22:15),
"With
desire
this
Sanctae; propter
et praecipue
convocavi"
Of
crees,
we
and
of a disciplinary nature,
CANON
Text.
true
all
Handbuch
d. allg.
238
prehensible, and ineffable, Father, Son, and Holy Ghost ; three Persons indeed but one essense, substance, or nature absolutely simple;
the Father (proceeding) from no one, but the Son from the Father
only, and the Holy Ghost equally from both, always without beginning and end. The Father begetting, the Son begotten, and the Holy
Ghost proceeding; consubstantial and coequal, co-omnipotent and
coeternal, the one principle of the universe, Creator of all things invisible and visible, spiritual and corporeal, who from the beginning
And
flesh
own
now have
Who
that they
with
their
may
receive according
to their merits, whether good or bad, the latter eternal punishment
with the devil, the former eternal glory with Christ.
There is one Universal Church of the faithful, outside of which
there is absolutely no salvation. In which there is the same priest
and sacrifice, Jesus Christ, whose body and blood are truly contained in the sacrament of the altar under the forms of bread and
wine the bread being changed (transsubstantiatis) by divine power
into the body, and the wine into the blood, so that to realize the
mystery of unity we may receive of Him what He has received of
us. And this sacrament no one can effect except the priest who has
been duly ordained in accordance with the keys of the Church,
which Jesus Christ Himself gave to the Apostles and their suc;
cessors.
239
is
effected in water,
2
God, can merit eternal salvation.
directed
begins
sians. It
by
is
power of
by anyone on
the sacrament of
the sacraments.
infants
by
and adults
alike in
life
if
by
they
the Albigenses,
larly
God
requirements prescribed
live in
invisible. It
conferred
and
all of which the heretics, particuhad either entirely rejected or perverted beyond or-
thodox recognition.
may be noted
It
time in
words: Transsubstantiatis
is
34)
it
is
traceable to the
first
time
in
same time
um
Whether
and other
Panem quern
accept in corpus
meum transsubstantiavi.
III) in his
It
Palaeologus.
CANON
We
Migne, PL,
Gietl,
CLXXII,
III,
Freiburg, 1891.
240
24 I
orthodox and Catholic faith they are believed to be consubstanFor the Father begetting the Son from eternity imparted to
Him His own substance, as He Himself testifies: "That which my
Father hath given me, is greater than all" (John 10: 29). And it cannot be said that He gave to Him a part of His substance and retained a part for Himself, since the substance of the Father is
indivisible, that is, absolutely simple. But neither can it be said that
the Father in begetting transferred His substance to the Son, as if
He gave it to the Son without retaining it for Himself, otherwise
He would cease to be a substance. It is evident, therefore, that the
Son in being begotten received without any diminution the substance of the Father, and thus the Father and Son have the same
substance, and thus the Father and Son as well as the Holy Ghost
proceeding from both are the same entity. When therefore the
Truth prays to the Father for the faithful, saying "I will that they
be one in us, even as we are one" (John 17: 22), this term "one" is
understood first for the faithful, as implying a union of charity in
grace, then for the divine persons, as implying a unity of identity in
nature as the Truth says in another place "Be you perfect, as your
heavenly Father is perfect" (Matt. 5 48) as if He would say more
clearly: be perfect by the perfection of grace as your heavenly Father is perfect by the perfection of nature, namely, each in his own
way, because between the Creator and the creature there cannot be
a likeness so great that the unlikeness is not greater. If therefore
anyone presume to defend or approve the teaching of the aforesaid
Joachim on this point, let him be repressed by all as a heretic.
In this, however, we do not wish to derogate in anything from the
monastery of Flora, which Joachim himself founded, since therein
is both the regular life and salutary observance, but chiefly because
the same Joachim ordered that his writings be submitted to us to be
approved or corrected by the judgment of the Apostolic See, dictating a letter which he subscribed with his own hand, in which he
firmly confesses that he holds that faith which the Roman Church
holds, which by the will of God is the mother and mistress of all the
faithful. We also reprobate and condemn the perverse teaching of
the impious Amaury (Almaricus, Amalricus) de Bene, whose mind
the father of lies has so darkened that his teaching is to be re6
garded not so much heretical as insane.
the
tial.
Comment. This decree deals with Abbot Joachim of Flora and conhis treatise de imitate sen essentia Trinitatis, directed against Peter
Lombard, in which he accused the Master of the Sentences of heresy because of his declaration that the Father, Son, and Holy Ghost are quaedam
demns
there
is
On the
basis
of
242
this teaching,
he argued,
we must
predicate of
God
summa
He
conceded that the Father, Son, and Holy Ghost are una essentia, una substantia, una natura, but maintained that that unity is not real but nominal,
unitas non vera et propria, sed solummodo collectiva et similitudinaria, as
many men are called one people, etc. After setting forth the true doctrine,
the Pope declares a heretic everyone who in this matter should defend the
teaching of Joachim. 7
In the concluding sentence the Pope
ricians,
who,
pantheism.
of
whom,
like their
The
condemns the
its
ranks
many
priests
a species of
and
clerics, ten
were condemned by
by
fire after
a council
having been
canon
We
7
Innocent III and the council took the Lombard under their protection, while Alexander III in the Third Lateran Council sought to formally condemn him for his
"Christological nihilism," which he had adopted from Abelard; from which the Pope
was restrained, however, by a number of cardinals and Bishop Adam| of St. Asaph.
Mansi, XXII, 247; Dcnifle, Qhartularium Univ. Paris., I, nos. 3, 9.
8 De Wulf, History
of Medieval Philosophy, I (London, 1926), 191 f.; Denifle,
Chartul., I, nos. 11, 12, 22; Baeumker, "Ein Traktat gegen die Amalricianer," in Jahrb.
Theologie, VII (1893), 346-412.
f. Phil. u. spek.
*43
publicly to take
We
canon 4
Swmuary. Those baptized by the
by
the Greeks.
Text. Though we wish to favor and honor the Greeks who in our
days are returning to the obedience of the Apostolic See by permitting them to retain their customs and rites in so far as the interests
of God allow us, in those things, however, that are a danger to souls
245
up the old
azyme bread,
digging
list
kind,
our baptism,
first
is,
may be
noted that
Orthodox Church considers the consecration of unleavened bread in the
mass as totally unchristian and a return to Jewish superstition. Concern-
altar after
it
the
necessary
do they consider
246
all
CANON
Orthodox
rebaptize. 9
The
council approves the existing order of the patriarchal sees and affirms
three of their privileges: their bishops may confer the pallium and may have the cross
borne before them, and appeals may be taken to them.
Suvmiary.
humbly respected. 10
CANON 6
Summary. Provincial synods for the correction of abuses and the enforcement of
canonical enactments must be held annually. To insure this, reliable persons are to be
appointed who will investigate such things as need correction.
Text. In accordance with the ancient provisions of the holy Famust not neglect to hold with their suffragans the annual provincial synods. In these they should be actuated
with a genuine fear of God in correcting abuses and reforming morals, especially the morals of the clergy, familiarizing themselves
arch of that see was formally allowed this place. Cf. canon 3 of the First Council of
Constantinople, canon 28 of the Council or Chalcedon, and canon 21 of the Fourth
Council of Constantinople.
247
anew with the canonical rules, particularly those that are enacted in
this general council, that they may enforce their observance by imposing due punishment on transgressors. That this may be done
more effectively, let them appoint in each and every diocese prudent
and upright persons, who throughout the entire year shall informally and without any jurisdiction diligently investigate such
things as need correction or reform and faithfully present them to
the metropolitan, suffragans, and others in the following synod, so
that they may give prudent consideration to these and other matters
as circumstances demand and in reference to those things that they
decree, let them enforce observance, publishing the decisions in the
episcopal synods to be held annually in each diocese. Whoever shall
neglect to comply with this salutary statute, let him be suspended
;
till it
CANON
No
custom or appeal
hinder prelates from correcting abuses and reforming the morals of their subjects. If the chapter neglects to correct the excesses of
the canons, it shall devolve upon the bishop to do so. Prelates shall not use this statute
Summary.
as a
shall
exceeded the form to be observed in such cases. The abuses, however, of the canons of the cathedral church, the correction of which
has by custom belonged to the chapter, shall, in those churches in
which such a custom has hitherto prevailed, by the advice or command of the bishop be corrected within a reasonable time specified
by the bishop. Otherwise the bishop, having in mind the interests
of God, opposition notwithstanding, shall not delay to correct them
by means of ecclesiastical censure according as the cura animarum
demands. Nor shall he neglect to correct the excesses also of the
other clerics (those assisting the
marum
requires,
248
diligently on their guard that they do not convert this salutary decree into a means of personal profit or other objectionable conduct,
but let them enforce it earnestly and faithfully if they wish to
escape canonical punishment, for in this matter the Apostolic See,
on the authority of the Lord, will be most vigilant.
form
may
be no
the
itself, it
This
it.
is
not, properly
speaking, a case of devolution, for in case the chapter proves negligent the
impediment of custom
is
Where
but
is
is
itself,
is
permitted to
exists,
the au-
as
long as in virtue of
When, however,
the
revived.
in
What
last
sentence
is
a fine
by
ancient practice
by which
own
these fines
CANON
11
249
when
a subject
(that is* a cleric of a lower rank)i)ut also when a prelate is guilty
of excesses and these should come to the ears of the superior
through complaint and report, not indeed from spiteful and slanderous persons, but from those who are prudent and upright persons,
and not only once but often, he must in the presence of the seniors
of the church carefully inquire into the truth of such reports, so
these authorities
it is
2 50
of procedure, namely, by accusation, by denunciation, and by inquiry, in all of which, however, proper precaution must be exercised
lest perchance by undue haste grave detriment should result. The
accusation must be preceded by the Jegitima inscriptio, denunciation
by the caritativa admonitio, and the inquiry by the clamosa insinuatio (diffamatio) such moderation to be always used that the forma
sententiae be governed by the forma judicii. The foregoing, however, does not apply to regular clerics, who, when a reason exists,
can be removed from their charges more easily and expeditiously.
;
quiry.
By
the
first
acted upon
by
must be
in writing,
and before
it is
is,
the
accuser must bind himself in writing to undergo the same penalty that
is
who
trial his
if in
the course of
a person to
is
and with
his superior. It
less
scandal
removed from
their charges
and recalled to
their
monasteries.
Till the
in
both
French Revolution
ecclesiastical
and
civil
this decree
criminal law.
canon 9
Summary.
In cities
the
bishop must provide suitable priests to minister to them. If necessity requires, let him
appoint a vicar who shall be responsible to him. There may not, however, be two
bishops in the same diocese.
Text. Since in many places within the same city and diocese there
are people of different languages having one faith but various rites
and customs, we strictly command that the bishops of these cities
and dioceses provide suitable men who will, according to the different rites and languages, celebrate the divine offices for them, admin-
ister
lar
in
itual
large
percentage of Catholics
and
Latins
who
who
who
from the
The
pres-
own
languages.
or diocese, but,
if
may
eral for
was for a long time an axiom of canon law. Benedict XIV (1740-58) defended it in de synodo dioecesano, lib. II, cap. XII, 46-50. It is now abolished,
who
Wherever throughout
are
still
governed by the
there
is
a Catholic
12
bishop for each rite.
CANON
10
Summary. Bishops
provide suitable
work
will
prove a
Among
Fortescue,
The Uniate
Eastern Churches,
New York,
1923.
ample.
their
work
at
CANON
II
Swtrmary. In every cathedral church and other churches also that have sufficient
means, a master is to be appointed to instruct gratis the clerics and poor students. The
metropolitan church ought to have a theologian who shall teach the clergy whatever
pertains to the cura animarum.
Text. Since there are some who, on account of the lack of necessary
means, are unable to acquire an education or to meet opportunities
for perfecting themselves, the Third Lateran Council in a salutary
decree (18) provided that in every cathedral church a suitable benefice be assigned to a master who shall instruct gratis the clerics of
that church and other poor students, by means of which benefice the
material needs of the master might be relieved and to the students
a way opened to knowledge. But, since in many churches this is not
observed, we, confirming the aforesaid decree, add that, not only in
every cathedral church but also in other churches where means are
sufficient, a competent master be appointed by the prelate with his
chapter, or elected by the greater and more discerning part of the
chapter, who shall instruct gratis and to the best of his ability the
clerics of those and other churches in the art of grammar and in
other branches of knowledge. In addition to a master, let the metropolitan church have also a theologian, who shall instruct the priests
and others in the Sacred Scriptures and in those things especially
that pertain to the cura animarum. To each master let there be assigned by the chapter the revenue of one benefice, and to the theologian let as much be given by the metropolitan; not that they
thereby become canons, but they shall enjoy the revenue only so long
as they hold the office of instructor. If the metropolitan church cannot support two masters, then it shall provide for the theologian in
the aforesaid manner, but for the one teaching grammar, let it see to
253
by another church of
his city or
diocese.
CANON
12
Summary. Provincial chapters of regulars are to be held every three years. All not
canonically impeded must attend. The chapters to be under the guidance of two
Cistercians, and careful attention is to be given to the reform of the order and to
regular observance. Visitation of monasteries and nunneries. Ordinaries must strive to
reform monasteries and ward off molestation of them by lay officials.
three years,
We
54
things that have been accomplished by amicable deliberation be inviolably observed. Moreover, the diocesan ordinaries must strive so
to reform the monasteries subject to them, that when the aforesaid
visitors come to them they will find in them more that is worthy of
commendation than of correction, taking special care lest the monasteries be oppressed by them with undue burdens. For, while we
wish that the rights of the superiors be respected, we do not on that
account wish that injury be sustained by inferiors.
strictly command diocesan bishops and persons att e n d in g the chapters, that with
ecclesiastical censureJsVery appeal being denied they restrain ad-
We
Comment. The
re-
ecclesi-
province by every religious order that had not been in the habit of
holding them. This practice was to be observed also by the canons regular.
They
many an
institution
to
18
canon
Summary. The founding of new
13
religious orders
is
forbidden.
18
to
New
monasteries
in different monasteries
ter, 193
255
order,
sTroufiir
Comment. The multiplication of orders, especially of mendicants, durand twelfth centuries, threatened to be a source of confusion in the Church, not only because of their number but also because
some of them had drifted into heresy. Matthew of Paris remarked that so
great
who
was
to the faith
to
their
supplied
be founded.
approved.
bation of
necessity.
and,
his
though
was
refused,
its
the necessary
approbation.
him
formal approbation
repudiated
execution
CANON
till
then
14
Summary. Clerics, especially those in sacred orders, shall live chastely and virtuously.
Anyone suspended for incontmency who presumes to celebrate the divine mysteries,
shall
be forever deposed.
Text That the morals and general conduct of clerics may be better
and virtuously, particularly
256
those in sacred orders, guarding against every vice of desire, especially that on account of which the anger of God came from heaven
upon the children of unbelief, so that in the sight of Almighty God
they may perform their duties with a pure heart and chaste body.
But lest the facility to obtain pardon be an incentive to do wrong,
we decree that whoever shall be found to indulge in the vice of
incontinence, shall, in proportion to the gravity of his sin, be punished in accordance with the canonical statutes, which we command
to be strictly and rigorously observed, so that he whom divine fear
does not restrain from evil, may at least be withheld from sin by a
temporal penalty. If therefore anyone suspended for this reason
shall presume to celebrate the divine mysteries, let him not only be
deprived of his ecclesiastical benefices but for this twofold offense
let him be forever deposed. Prelates who dare support such in their
iniquities, especially in view of money or other temporal advantages,
shall be subject to a like punishment. But if those, who according to
the practice of their country have not renounced the conjugal bond,
fall by the vice of impurity, they are to be punished more severely,
since they can use matrimony lawfully. 14
canon
Summary.
Clerics,
who
after being
office
15
warned do not
abstain
from drunkenness,
shall
and benefice.
Text. All clerics shall carefully abstain from drunkenness. Wherethem accommodate the wine to themselves, and themselves
to the wine. Nor shall anyone be encouraged to drink, for drunkendecree, therefore, that
ness banishes reason and incites to lust.
that abuse be absolutely abolished by which in some localities the
drinkers bind themselves suo modo to an equal portion of drink and
he in their judgment is the hero of the day who outdrinks the others. Should anyone be culpable in this matter, unless he heeds the
warning of the superior and makes suitable satisfaction, let him be
suspended from his benefice or office.
forbid hunting and fowling to all clerics; wherefore, let them
not presume to keep dogs and birds for these purposes.
fore, let
We
We
canon
Summary.
16
their dignity.
14
The
sentence of the decree has reference to the clergy of the Eastern Church,
to marry after ordination, were permitted to continue
in conjugal relations with the wife to whom they had been wedded before the reception
of orders. Together with the Latin Empire, a Latin patriarchate had been established
last
engage in secular
They
CANON
17
in virtue
of obedience to celebrate
offices.
Text. It is a matter for regret that there are some minor clerics
and even prelates who spend half of the night in banqueting and in
unlawful gossip, not to mention other abuses, and in giving the remainder to sleep. They are scarcely awakened by the diurnal concerts of the birds. Then they hasten through matins in a hurried
and careless manner. There are others who say mass scarcely four
times a year and, what is worse, do not even attend mass, and when
they are present they are engaged outside in conversation with lay
people to escape the silence of the choir so that, while they readily
;
unbecoming talk, they regard with utter indifference things that are divine. These and all similar things, therefore,
we absolutely forbid under penalty of suspension, and strictly com-
mand
in virtue of
obedience that they celebrate diligently and deand nocturnal offices so far as God gives them
strength.
in
while
were permitted to
customs
2 58
CANON
Summary.
judicial tests
Clerics
may
and ordeals.
canon
19
Summary. Household goods must not be stored in churches unless there be an urgent
necessity. Churches, church vessels, and the like must be kept clean.
We
clerics
who
15
That is, if any official should attempt to compel a cleric against his will by inflictdamage on the church or injury on his person to do what is forbidden in the preceding sentence, let him be censured.
16 Also Ruptarii and Ruptuarii, bands of robbers and plunderers, drawn chiefly
from
ing
nocence or
guilt
is added because it also was a means of determining inand had been already condemned. On duels and ordeals, see articles
in Cath. Encyclopedia.
18
To protect them
259
canon 20
Summary. In all churches the Eucharist and the chrism must be kept under lock and
key. Those who neglect to do this, are to be suspended.
Text.
We decree that
more severely.
Comment. There was good reason for keeping the chrism and the Eubeyond the reach of rash and ignorant laymen, to whom nothing
was too sacred to be used for dishonorable purposes. The Synod of Aries
(813) in canon 18 and that of Mainz held in the same year in canon 27 insisted that priests keep the chrism under lock and key and forbade them
to give it to anyone to be used as medicine or as means of practicing magic
19
The same uses were made of the Eucharist. It may be noted
or sorcery.
that in certain localities the Eucharist was given to the corpse before burial,
as is evident from the prohibitory decisions of the Synod of Hippo in
Africa (393), canon 4, the Synod of Auxerre (585 or 578), canon 12, the
Trullan Synod (692), canon 83, and others.
charist
CANON
Summary. Everyone
at least
confession
is
to be
21
age of reason is bound to confess his sins
or with his permission to another, and to
priest
who
him
in
his life.
have reached
once a
year to their
ability
19
"Presbyteri sub sigillo custodiant chrisma et nulli sub praetextu medicinae vel
maleficii
62, 72.
si
fecerint
i6o
own priest they may for a good reason abstain for a time from
reception; otherwise they shall be cut off from the Church (excommunicated) during life and deprived of Christian burial in
death. Wherefore, let this salutary decree be published frequently
in the churches, that no one may find in the plea of ignorance a
shadow of excuse. But if anyone for a good reason should wish to
confess his sins to another priest, let him first seek and obtain permission from his own (parish) priest, since otherwise he (the other
priest) cannot loose or bind him.
Let the priest be discreet and cautious that he may pour wine and
oil into the wounds of the one injured after the manner of a skilful
physician, carefully inquiring into the circumstances of the sinner
and the sin, from the nature of which he may understand what kind
of advice to give and what remedy to apply, making use of different
experiments to heal the sick one. But let him exercise the greatest
precaution that he does not in any degree by word, sign, or any other
manner make known the sinner, but should he need more prudent
counsel, let him seek it cautiously without any mention of the person. He who dares to reveal a sin confided to him in the tribunal of
penance, we decree that he be not only deposed from the sacerdotal
office but also relegated to a monastery of strict observance to do
penance for the remainder of his life. 20
their
its
Comment. This
all
the faithful
at least
is
who
own
By
the sacerdos
proprius
is
means have its own parish priest" {proprius sacerdos). 21 Simicanon 32 of this series the council designates him sacerdos proprius,
22
qui parochialem habet ecclesiam. They must confess all their sins, omnia
sua solus peccata. This evidently means all mortal sins, otherwise the declaration of the Council of Trent that venial sins may be omitted in con-
possesses the
larly in
20
fession
unintelligible.
parish priest,
other priest.
23
And
they must do so
That
What
parochus proprius.
priests
This
established
own
is
5,
how
own
was confession
matter
at least
sion of their
priest.
No
at least
his permission
nized
many
26
least,
By
own
parish
obligations, but
merely gave
ecumenical sanction to or
in this
departure from the old discipline was probably the preaching of the
crusades.
surnamed Doctor
dedicated to Bishop
knows
Henry
is
given us
by Alanus
comes
him to go to confession, he may not hear his confession, but must send
him back ad proprhim sac er dot em; if, however, he knows that such a per-
to
send
made
him away."
This position
he
may
not
28
is
which requires that anyone wishing to confess to another priest must first
seek and obtain permission from his own parish priest, because otherwise
the other priest
voluerit justa
23
"Nam
Si quis
autem
alieno sacerdoti
et
ob-
262
By
cum
non
power over
fulness of
his
own
cum
aliter
in
implies, the
from the pope and the bishand before the council exclusively in the
subjects, aside
exist-
who had no
moved by
own
Then
again,
some
parish priests,
churches to
fulfil their
obligation of receiving
communion
at Easter,
two
points are
tered the conflicts between the regular and secular clergy before and after
1215.
28
As
early as 797,
pitula ad presbyteros parochiae suae, forbade his priests (cap. 14) to lure
own
churches to obtain
their
Each one was to be content with his own parish and people and not
do to others what he would not have others do to him. 29 The Synod of
Palencia in Spain (1322) ordered all pastors to read the above Lateran decree in their churches on all Sundays from Septuagesima to Easter. 30 On
this Natalis Alexander comments: Quod huicce constitutioni occasionem
dedit malum, sc. parochiarum confusio, nonnullis adhuc in locis perseverabat, parochianos alienos curati ad se trahebant, avaritiae impulsu, ut eorum
augerentur decimae. lllis enim ecclesiis decimae solvebant, in quibus eucha-
tithes.
Lastly, he
who
Kirsch, op.
27
The
cit.,
was to be cut
off
et
p. 528.
obligation to receive
further obligation of
its
communion
reception in one's
at least at Easter
own
when it issued this decree, and in this it was merely following ancient cuspresent-day legislation requires that the people be exhorted to satisfy this
obligation in their own parochial church and, should they do so in another, they are to
present to their own pastor evidence to that effect.
the council
tom.
28
The
Paulus,
Welt-und
Orderisklertis
beim Ausgange
d. XIII. Jahrh.
80
C.27; Mansi,
Op.
cit.,
195.
XXV,
im Kampfe
urn d.
sententiae.
263
The wording
tion.
nounced to the bishop, and then it simply became a matter for him to
decide whether it was expedient to impose the censure or not. Thus the
in
canon
ordained that
consent to another.
all
the faithful
who had
Anyone who
own
at least
abstained
32
without the permission of his pastor, was to be denounced to the bishop.
canon
22
Summary. Physicians of the body called to the bedside of the sick shall before
advise them to call for the physician of souls, so that, spiritual health being
else
stored,
all
re-
is
him be cut
off (arceatur)
it
gregem, 1566,
made
his confession.
When, however,
is
if in
the meantime
264
by
of
infamy, absolutely denied the practice of medicine, and ejected from the
university and medical associations.
No
one
in the future
is
to be given
medicine anywhere
by any college or university, unless he has taken an oath before a notary
public and in the presence of witnesses to observe ovinia in praesenti nostra
constitutione contenta, and special mention of this
license.
Any
must be made
in the
practice medicine to
shall
be deprived
covering this
Both the Lateran decree and the constitution of Pius
by Benedict XIII in a Roman synod of 1725, in which
he insisted on the vigilance of the bishops regarding the observance of the
ordinance and suggested that they make the penalty of excommunication
a reserved case.
CANON
whom
23
it
shall
be punished.
Text. That the ravenous wolf may not invade the Lord's flock
is without a pastor, that a widowed church may not suffer grave
loss in its properties, that danger to souls may be averted, and that provision may be made \qt the security of the churches, we decree that
a cathedral or regular churcrfWist not be without a bishop for more
than three months. If within this time an election has not been held
by those to whom it pertains, .though there was no impediment, the
electors lose their right of voting, and the right to appoint devolves
\
upon the next immediate superior. Let the one upon whom this
right to appoint devolves, having God before his eyes, not delay
more than three months to provide canonically and with the advice
\ of fci chapter and other prudent men the widowed church with a
'suitable pastor, if he wishes to escape canonical punishment. This
pastor is to be chosen from the widowed church itself, or from another in case a suitable one is not found therein.
that
'
33
II,
1457.
265
CANON 24
Summary. Three forms or methods of election are recognized: the normal one by
ballot, by compromise, and by quasi-inspiration. No one may vote by proxy.
unanimity among the electors, as if by divine inspiraiWhoever shall attempt to hold an electkrti contrary to the
be absolute
t
tion.
We
or
modes of election:
down the
like the
bishops to vacant
(
who
shall
made
by
ballot.
The
decree lays
assembled electors,
and
public. (2)
collect secretly
all;
(that
is,
in a
from the
whisper)
By compromise, when
all
choice to
electoral
is
By
quasi-inspiration,
when
name
is
known
beforehand.
CANON 25
Summary. He who consents to the election of himself with the aid of the secular
power becomes thereby ineligible, and the election is null.
266
Whoever
(V
presume
Text.
shall
canon 26
Summary.
Text. Nothing
selection of
guidance of souls, he to whom the confirmation of the election belongs shall carefully investigate the process and circumstances of
the election as well as the person of the one elected, and only when
everything proves to be satisfactory may he confirm. If through
carelessness the contrary should take place, then not only the one
unworthily promoted is to be removed, but the one also who furthered such promotiorr~(by cotifirrmrttoaX is to be punished. The
latter's punishment, we decree, shall consist in this, that when it
is agreed that through negligence he confirmed a person who lacks
sufficient knowledge or is wanting in integrity of morals or is not
of legitimate age, not only is he to lose the right of confirming the
first successor of such a person, but, that he may not in some case
escape punishment, he is also to be deprived of the revenues of his
benefice till he be deemed worthy of pardon. If, however, the evidence shows that his action was inspired by malice, a severer punishment is to be imposed on him. Bishops also, if they wish to escape
canonical punishment, shall take the necessary precaution to promote to sacred orders and ecclesiastical dignities only such as are
qualified to discharge worthily the duties of the office committed
to them. Those who are immediately subject to the Roman pontiff,
must appear personally before him for confirmation if this can be
done conveniently, otherwise they may send suitable persons from
whom may be ascertained the necessary information regarding the
84
ff.
267
only after a
canon
27
command
we
strictly
CANON 28
Summary.
He who
after
pelled to resign.
CANON 29
Summary. Anyone having a benefice with the cura anhnarum annexed, if he accepts
another, shall lose the first; and if he attempts to retain it, he shall lose the other also.
After the reception of the second benefice, the first may be freely conferred on another. If he to whom that collation belongs should delay beyond six months, then it
shall devolve on another and the former shall indemnify the church for the losses incurred during the vacancy.
86
Cf
Ill
3,
and
II
4.
268
With much foresight it was prohibited in the Lateran Counthat no one should, contrary to the sacred canons, accept several ecclesiastical dignities or several parochial churches otherwise
the one receiving should lose what he received, and the one who
Text.
cil
36
canon 30
Summary. The provincial synod is to suspend from the collation of benefices those
who after two admonitions confer benefices on unworthy persons. The removal of
this suspension the
Text. It
is
not fear to choose unworthy ones, who lack integrity of morals and
sufficient knowledge, following the carnal and inordinate affections
for their kindred rather than the judgment of reason. The great
detriment that thus accrues to the churches no one of sound mind
is ignorant of. Wishing, therefore, to cure this disease, we command
that unworthy persons be rejected and suitable ones, who will and
can render to God and the churches an acceptable service, be chosen;
and let a careful investigation in regard to this matter be made in
the annual provincial synod. Anyone who has been found culpable
after the first and second admonition, let him be suspended by the
36 Cf. Ill Lateran
37 Ibid., canon 8.
Council, canon
13.
269
synod from conferring benefices, and in the same synod let a prudent and upright person be appointed who may take the place of
the one suspended. The same is to be observed in regard to the
chapters that prove delinquent in this matter. An offense of this
kind on the part of a metropolitan must be made known by the synod
to a higher superior. That this salutary provision may be more effectively observed, such a sentence of suspension may by no means
be removed except by the authority of the Roman pontiff or by the
patriarch of the one suspended, that in this matter also the four
patriarchal sees may be specially honored.
canon
Summary.
may
31
invalid.
To
many churches, we
canon
32
who
shall
its
revenues.
some
Text. In
of parochial
there
M See II
21.
270
We
canon
Summary.
Prelates
may demand
33
procurations only
Text.
visitations
their visita-
and reform.
to bishops, archdeacons,
On
necessity, to be
visitation,
sustenance
number
be united in one. Moreover, those connot seek their own interests, but those
themselves to preaching, exhortation,
they may bring back fruit that perishes
not. Whoever shall presume to act contrary to this decree, shall
not only return what he received, but to the church that he so oppressed he shall also make compensation equivalent to his injustice.
canon 34
Summary. Prelates are not to take from
Those who act contrary to this must make
their subjects
restitution
and
more than
also give
is due to them.
an equal amount
to the poor.
89 The hospitality or procuration extended to the bishop and his assistants in
the
course of his canonical diocesan visitation.
40 See III Lateran Council, canon
4.
27
Text. Since very many prelates, that they may provide papal
and others with procurations and the like, extort from their
subjects more than they hand over to them (to the legates), and,
legates
chasing after gain to their own damnation, seek among their subjects plunder rather than help, we forbid that this be done in the
future. If
decision,
canon 35
Summary. An appellant, feeling that he has good grounds for an appeal before
sentence, must make those grounds known to the judge of the first instance. If sufficient,
this is to be made known to the superior judge; if insufficient, the latter must return the
appellant to the judge of the first instance.
That proper respect may be shown the judges and that the
matter of labor and expenses may
be duly considered, we decree that when anyone proceeds against an
adversary before a competent judge, he shall not without good
Text.
instance),
appeal insufficient, he
the first instance,
who
shall
canon 36
Summary.
If a
it,
When
threat or
canon
Summary.
who
is
parties
No
one
may by means
37
of Apostolic letters be
summoned
before a judge
more than two days from his diocese, except with the consent of both
or express mention is made of this decree. Without an order from the other
distant
Text. Some, abusing the good will of the Apostolic See, attempt
from it letters whereby their disputes may be referred to
judges residing at a remote distance. This they do to fatigue the
accused with labor and expenses, that thus he may be compelled to
yield in the matter under dispute or by payment free himself from
the vexations of the plaintiff. Since however a legal trial ought not
to open the door to injustice, as is forbidden by the law, we decree
that no one may by means of Apostolic letters be summoned before
to obtain
who is distant more than two days from his diocese, except
with the consent of both parties or express mention is made of this
a judge
decree.
of
may
whom
shall be
canon 38
Simnnary.
judge must employ a notary or two competent men to put in writing
the acts of the judicial process, so that if a dispute arise regarding any action of the
judge, the truth can be established by referring to these documents. If any difficulty
should arise because of a neglect of
this, let
*73
we
canon 39
Stmrmary.
one from
whom
it
it
to the
was taken.
Text. It often
canon 40
Summary. The
violence or deceit
plaintiff
is still
the
owner of the
one year by
Text. It sometimes happens that the plaintiff to whom, in consequence of the non-appearance (contumacia, that is, disobedience)
of the opposing party, the possession of the object in dispute is
judicially awarded, cannot on account of the violence or deceit of
the accused obtain actual possession for a whole year, and thus,
274
much
arbitrate in
matters.
CANON 41
Summary.
No
prescription
is
valid unless
it
rests
on good
faith.
Text. Since all that is not of faith is sin (Rom. 14: 23), we decree
that no prescription, whether canonical or civil, is valid unless it
rests on good faith; because in a general way a prescription that
is in conflict
with
all
law
and custom. Wherefore it is essential that he who holds a prescription should at no time be aware of the fact that the object belongs
to another.
canon 42
Summary.
No
cleric
may
become
detrimental to
secular justice.
may by
to God.
CANON 43
Swmnary.
Clerics under
no
obligation to
laymen
in matters
*75
CANON 44
Summary. Alienation of
ecclesiastical properties
is
legitimate
forbidden.
which not only the holy fathers but also the secular princes
have fortified with many privileges; presuming illicitly that power
not only in the matter of the alienation of fiefs and other ecclesiasliberty,
tical
the matter of
but rather
jurisdiction,
canon 45
Summary. Patrons and others who exceed their rights in the matter of church government are to be restrained by censures. If they kill or mutilate a cleric, they shall
lose their rights and to the fourth generation their posterity shall be excluded from
the clerical state.
what
is
276
canon 46
Summary. Clerics should not contribute to the needs of cities and other localities,
even where the resources of the lay people do not suffice, without first consulting the
Roman pontiff. Laws by those excommunicated are null. Rulers remain excommunicated after the expiration of their term of office till they have made satisfaction.
punished with excommunication until they make suitable satisfaction. But, if the bishop with his clergy should perceive such necessity or utility and without compulsion decide that the aid of the
churches ought to be enlisted to meet the needs where the resources of the lay people do not suffice, let the aforesaid lay
people accept such assistance humbly, devoutly, and with gratitude.
However, on account of the boldness of some, let them first consult
the Roman pontiff, to whom it belongs to attend to common needs.
But, if even this does not allay the malice of some toward the
Church of God, we add that the laws and enactments which have
been promulgated by excommunicated persons in this matter or by
their orders, be considered null and void and at no time whatever
be regarded as valid. But, since fraud and deception ought not to
protect anyone, let no one be deceived by the illusion that, although
a ruler may incur anathema during the period of his incumbency,
yet on the expiration of his term of office there will be no compulsion to make due satisfaction. For both he who refuses to make
satisfaction and his successor, if they do not make satisfaction
within a month, we decree that they remain bound by ecclesiastical
censure until they have made suitable satisfaction, since he assumes
the burden who is successor in the honor.
41
See
III
9.
277
CANON 47
subjects without a previous warning
subject also
and without a reasonable cause; those guilty of this shall be punished.
shall be punished who falsely protests that he has been unjustly excommunicated.
Text. With the approval of the holy council we prohibit the promulgation of the sentence of excommunication against anyone without a previous warning and in the presence of suitable persons by
whom, if need be, such admonition can be proved. Should anyone
act contrariwise, even if the sentence of excommunication is a just
one, let him know that he is forbidden entrance to the church for
a period of one month, which punishment, however, is to be altered
should it be deemed advisable. Let also proper precaution be taken
against excommunicating anyone without a just and reasonable
cause should this perchance have happened and he who imposed the
sentence does not care to withdraw it without complaint, then the
one injured may take his complaint of unjust excommunication to
a superior, who, if there be no danger in delay, shall send him back
to the excommunicator with the command that he absolve him within
a specified time otherwise he himself, should it seem fit, after the
presentation of a sufficient reason, will grant him the required
absolution either per se or per ahum. When it is an evident case
against the excommunicator of unjust excommunication, let him
be condemned to pay all the expenses and to repair all the damages
incurred by the one unjustly excommunicated; if, however, the
gravity of his fault demands it, let him be punished in accordance
with the judgment of the superior, since it is not a trivial fault
to impose such a punishment on an innocent person, unless per
chance he erred from a probable cause, especially if there was apparently good ground for his action. But if against the sentence
of excommunication no reasonable proof was offered by the complainant, then for the unjust annoyance of his complaint let him
be condemned to pay the expenses and repair the damages, or else
let him be punished in accordance with the decision of the superior,
unless perchance probable error likewise excuses him; and in regard to the matter for which he was excommunicated, through an
adequate pledge let him be compelled to make satisfaction, or let
the original sentence be reimposed even for the purpose of forcing
him to make condign satisfaction. But if the judge, recognizing his
error, is prepared to revoke such a sentence, and he on whom it was
imposed appeals against such a revocation unless satisfaction is
made, let him not heed the appeal unless it be an error about which
there can be a just doubt, and then on the receipt of a satisfactory
pledge that he will obey the summons of him to whom the appeal
;
78
has been made, or of one delegated by him, let him absolve the one
excommunicated and thus he will in no way incur the penalties prescribed; let him be careful, however, not to forge an error to the
detriment of another if he wishes to escape canonical punishment.
canon 48
Summary. Provision is made that no one
the jurisdiction of his judge.
may through
we
decree
279
let the latter ex-
the case is to
appealed.
These two aforesaid decrees, however, we do not wish to be apwho have their own special observances.
plied to regulars,
canon 49
Summary. The sentence of excommunication is not to be imposed with a view of
satisfying greed, and anyone so guilty is to be severely punished.
excommunication or absolve one so bound, especially in those regions where it is customary, when the one excommunicated is
absolved, to impose a pecuniary punishment on him; and we decree
that when it is agreed that the sentence of excommunication was an
unjust one, the excommunicator be compelled by ecclesiastical
censure to restore the money thus extorted; and, unless he was
deceived by probable error, let him make full compensation for the
injury sustained. If he fails to do this, let other penalties be imposed.
CANON 50
Summary. The prohibitions against marriage in the second and third degrees of
affinity and against the union of the offspring from second marriages to a relative of
the first husband, are removed. This prohibition does not apply beyond the fourth
degree of consanguinity and affinity.
changed Jn^the
New
Testament
sonj..thi|ig
decreed in
canon
51
Text. Since the prohibition of the conjugal union in the three last
degrees has been revoked, we wish that it be strictly observed in the
other degrees. Whence, following in the footsteps of our predecessors, we absolutely forbid clandestine marriages and we forbid also
that a priest presume to witness such. Wherefore, extending to other
localities generally the particular custom that prevails in some, we
decree that when marriages are to be contracted they must be announced publicly in the churches by the priests during a suitable
and fixed time, so that if legitimate impediments exist, they may be
made known. Let the priests nevertheless investigate whether any
impediments exist. But when there is ground for doubt concerning
the contemplated union, let the marriage be expressly forbidden
until it is evident from reliable sources what ought to be done in
regard to it. But if anyone should presume to contract a clandestine
or forbidden marriage of this kind within a prohibited degree, even
through ignorance, the children from such a union shall be considered illegitimate, nor shall the ignorance of the parents be
pleaded as an extenuating circumstance in their behalf, since they
by contracting such marriages appear not as wanting in knowledge
but rather as affecting ignorance. In like manner the children shall
be considered illegitimate if both parents, knowing that a legitimate
impediment exists, presume to contract such a marriage in conspectu
ecclesiae (not clandestinely) in disregard of every prohibition. The
parochial priest who deliberately neglects to forbid such unions,
;
42
See
5.
28l
canon
52
in
denied to persons of a disreputable charWitnesses of this kind must declare on oath that in giving
their testimony they are not actuated by hatred, fear, love, or selfinterest let them designate persons by their names or by a satisfactory description or circumlocution, and distinguish by a clear
computation each degree on both sides, and let them include in
their oath that they obtained their information from their forefathers and believe it to be so. But neither do such witnesses suffice
unless they declare on oath that they have seen persons who belonged to at least one of the aforesaid degrees and who acknowledged themselves blood relatives. For it is more tolerable that some
282
who have been united contrary to the laws of men be separated than
that those who have been legitimately united separate in violation
of the laws of God.
canon
Summary. Owners who commit
do not pay
tithes,
53
rites
in full.
who
according to
their
canon 54
Summary. The payment of
other expenses, and those
who
tithes takes
taxes and
Text. Since it is not in the power of man that the seed yield a return to the sower, because according to the words of the Apostle,
"Neither he that planteth is anything, nor he that watereth; but
God who giveth the increase" (I Cor. 3:7), the decayed seed producing much fruit, some impelled too much by avarice strive to defraud
in the matter of tithes, deducting from the profits and first fruits
taxes and other expenses on which at times they thus escape the
payment of tithes. But since the Lord, as a sign of His universal
dominion, formerly reserved tithes to Himself by a special title, we,
wishing to safeguard the churches against loss and souls against
danger, decree that by the prerogative of general dominion the payment of tithes precedes the payment of taxes and other expenses, or
at least they to whom the taxes and other expenses are paid but
from which the tithes have not been deducted, should be compelled
by ecclesiastical censure to pay the tithes to the churches to which
they are legally due, since the obligation that attaches to a thing
passes with the thing from one possessor to another.
45
ment of
tithes
among whom
28j
CANON 55
Summary. The Cistercians and other monks must pay tithes to the churches from
strange lands or from lands they may acquire in the future, even if they cultivate them
with their
own
hands.
We
We
better
canon 56
Summary.
It is
forbidden to
make
By
fruits
the
of their estates.
Ill, lib. I,
cap. 9.
284
of this kind and declare that whatever has been received by means
of such a contract must be returned to the parochial church.
canon 57
a religious order and those who have given their possessions to the order, retaining for themselves only the usufruct, may be buried during
the period of an interdict. To religious coming to an interdicted locality, only one
church
may be
Text. That the privileges which the Roman Church has granted to
some religious may be maintained in their entirety, we take occasion
to make clear some things in regard to them, lest being misunderstood they lead to abuse, by reason of which they may be rightly
revoked, because he deserves to lose privileges who abuses the benewhich they confer. The Apostolic See has granted permission to
some regulars that to those who have become members of their
order, ecclesiastical burial may not be denied if the churches to
which they belong should be under interdict, provided they themselves are not excommunicated or nominally interdicted; and they
may, therefore, take their brethren, whom the prelates of the
churches are not permitted to bury from their churches, to their
own churches for burial, if they (the deceased confreres) were not
nominally under excommunication or interdict. By brethren we
understand both those who, having lived in the world, gave themselves to their order and accepted its habit, and those who gave their
possessions to the order, retaining for their own maintenance during
life only the usufruct, who, however, may be buried from noninterdicted churches of regulars or others in which they may choose
to be buried it is not, however, to be understood of those who join
their fraternity and contribute annually no more than two or three
denarii, for this would upset ecclesiastical order and discipline. Yet
these also obtain a certain remission granted to them by the Apos-
fits
tolic See.
That other privilege also that has been granted to some regulars,
namely, that when any of their brethren who have been sent by them
to collect (alms), arrive in any city, fortified town, or village, if
perchance that place be under interdict, in view of their joyful
arrival the churches may be opened once a year for the celebration
of the divine offices for those not under excommunication, we wish
to be understood thus that in each city, fortified town, or village,
only one church of the same order may, as has been said, be opened
to the brethren once a year for though the statement, that on their
joyful arrival the churches may be opened, is plural, yet it is not
to be understood as referring to the churches of the same place
separately, but to the churches of the aforesaid places collectively;
otherwise, if they should visit each church of the same place, the
:
285
interdict
act
ties.
46
canon 58
may within closed doors celebrate
not affected by the interdict.
canon 59
Summary. Religious are forbidden to go security for or to borrow money from
anyone beyond a fixed sum without the consent or the abbot or the greater part of
the chapter.
What
religious orders,
canon 60
Summary. Abbots are forbidden to
Cf
Ill
9.
286
in
canon 6
are forbidden to receive churches and tithes from laymen without the consent of the bishops. In churches that do not belong to them pleno jurey the
priests must be appointed by the bishops on presentation.
Summary. Religious
canon 62
Simrmary. Relics are not to be sold or put on exhibition, lest the people be deceived
in regard to them. Seekers of alms are not to be admitted unless they can exhibit letters
of the Apostolic See or of the bishops, and they may not preach anything not contained in the letters. On the occasion of the dedication of a church, an indulgence of
not more than one year may be granted; on the anniversary of the dedication, it may
not exceed forty days.
Text.
From
sale
and exhibit
pro-
who come
canon
9.
287
(quaestores)
contained in those
uses in granting
their
what
own upon
such
it.
Forma
Quoniam, ut
ait
diocesan bishops
the form:
The following
is
may model
litterarum praedicatorum
bonum
sive
malum
fuerit,
diem messionis extremae misericordiae operibus praevenire, ac aeternorum intuitu seminare in terris quod reddente
Domino cum multiplicato fructu colligere debeamus in caelis; firmam spem, fiduciamque tenentes, quoniam "qui parce seminat, parce
oportet nos
et
facultates,
universitatem vestram
monemus
et
exhortamur in Domino
subsidia erogatis,
Those who are assigned to collect alms must be upright and dismust not seek lodging for the night in taverns or in other
unbecoming places, nor make useless and extravagant expenses, and
must avoid absolutely the wearing of the habit of a false religious.
Since, through indiscreet and superfluous indulgences which some
prelates of churches do not hesitate to grant, contempt is brought
on the keys of the Church, and the penitential discipline is weakened, we decree that on the occasion of the dedication of a church
an indulgence of not more than one year be granted, whether it be
dedicated by one bishop only or by many, and on the anniversary
of the dedication the remission granted for penances enjoined is
not to exceed forty days. We command also that in each case this
number of days be made the rule in issuing letters of indulgences
which are granted from time to time, since the Roman pontiff who
creet,
this rule in
such matters. 47
47
Schroeder,
in the
288
CANON 63
Summary.
We
Text.
have learned with certainty that in many places and by
persons exactions and base extortions are made for the consecration of bishops, the blessing of abbots, and the ordination of
clerics, and that a tax is fixed as to how much this one or that one
is to receive and how much this one or that one is to pay and what
is worse, some endeavor to defend such baseness and depravity by
an appeal to a custom of long standing. Therefore, wishing to abolish such abuse, we absolutely condemn a custom of this kind, which
ought rather to be called corruption, firmly decreeing that neither
for those conferring nor for the things conferred shall anyone presume to demand or to extort something under any pretext whatsoever. Otherwise both he that has received and he that has given a
price of this kind, shall share the condemnation of Giezi and Simon.48
many
canon 64
Summary. Religious
are not to be received for a price. If this happens, both the one
receiving and the one received shall, without hope of restoration, be removed from
the community. Those who were received in such a manner before the publication
this decree, must be placed in other communities of the same order.
of
Text. Since the stain of simony has so infected many nuns that
scarcely any are received into the community without a price, doing
this on the plea of poverty to conceal that evil, we strictly forbid
that this be done in the future, decreeing that whoever in the future
shall be guilty of such irregularity, both the one receiving and the
one received, whether subject or superioress, shall, without hope of
restoration, be removed from their monastery to one of stricter
observance to do penance for the remainder of their life. Those
nuns, however,
of
entered in
if on account of lack of room they cannot perchance be conveniently placed elsewhere, lest they should to their own loss become wanderers in the world, let them be received anew per modum
dispensationis in the same monastery, and from the priority of
places which they held in the community let them be assigned to
lower ones. This we decree is to be observed also with regard to
monks and other regulars. But, lest they should attempt to excuse
themselves on grounds of simplicity or ignorance, we command the
But
48
See
IV Kings
5:
20-27,
Acts
8: 9-24.
is
289
CANON 65
Summary. Bishops are not to demand anything for the appointment of
Entrance into a monastery and burial must be free.
pastors.
We
rectors of
canon 66
Swmiary. The sacraments must be administered
freely.
The
Text. It has frequently come to the ears of the Apostolic See that
some clerics demand and extort money for burials, nuptial blessings,
and similar things, and, if perchance their cupidity is not given
satisfaction, they fraudulently interpose fictitious impediments. On
the other hand, some laymen, under the pretext of piety but really
on heretical grounds, strive to suppress a laudable custom introduced by the pious devotion of the faithful in behalf of the church
(that is, of giving freely something for ecclesiastical services rendered). Wherefore, we forbid that such evil exactions be made in
these matters, and on the other hand command that pious customs
be observed, decreeing that the sacraments of the Church be administered freely and that those who endeavor maliciously to change
a laudable custom be restrained by the bishops of the locality when
once the truth
is
known.
canon 67
Summary. Jews should be compelled to make satisfaction for the tithes and offerings
due to the churches, which the Christians supplied before their properties fell into
the hands of the
*9
Jews.
ff.
290
Text.
The more
in this matter by the treachery of the Jews, so that in a short time they exhaust the resources
of the Christians. Wishing, therefore, in this matter to protect the
Christians against cruel oppression by the Jews, we ordain in this
decree that if in the future under any pretext Jews extort from
Christians oppressive and immoderate interest, the partnership of
the Christians shall be denied them till they have made suitable
satisfaction for their excesses. The Christians also, every appeal
being set aside, shall, if necessary, be compelled by ecclesiastical
censure to abstain from all commercial intercourse with them. We
command the princes not to be hostile to the Christians on this account, but rather to strive to hinder the Jews from practicing such
excesses. Lastly, we decree that the Jews be compelled by the same
punishment (avoidance of commercial intercourse) to make satisfaction for the tithes and offerings due to the churches, which the
Christians were accustomed to supply from their houses and other
possessions before these properties, under whatever title, fell into
the hands of the Jews, that thus the churches may be safeguarded
against loss.
of usury, the
canon 68
Summary. Jews and Saracens of both sexes in every Christian province must be
distinguished from the Christians by a difference of dress. On Passion Sunday and the
last tliree days of Holy Week they may not appear in public.
refuge for further excuse for excesses, we decree that such people
of both sexes (that is, Jews and Saracens) in every Christian province and at all times be distinguished in public from other people by
a difference of dress, since this was also enjoined on them by Moses.
On the days of the Lamentations and on Passion Sunday they may
not appear in public, because some of them, as we understand, on
those days are not ashamed to show themselves more ornately attired and do not fear to amuse themselves at the expense of the
Christians, who in memory of the sacred passion go about attired in
robes of mourning. That we most strictly forbid, lest they should
presume in some measure to burst forth suddenly in contempt of the
Redeemer. And, since we ought not to be ashamed of Him who
blotted out our offenses, we command that the secular princes re-
29
strain
lest
for us.
50
CANON 69
Summary. Jews are not to be given public
is
to be punished.
Jewish
official is to
offices.
be denied
Anyone
all
absurd that a blasphemer of Christ exercise auwe on account of the boldness of transgressors renew in this general council what the Synod of Toledo
(589) wisely enacted in this matter, prohibiting Jews from being
given preference in the matter of public offices, since in such capacity they are most troublesome to the Christians. But if anyone
should commit such an office to them, let him, after previous warning, be restrained by such punishment as seems proper by the provincial synod which we command to be celebrated every year. The
official, however, shall be denied the commercial and other intercourse
of the Christians, till in the judgment of the bishop all that he acquired from the Christians from the time he assumed office be restored for the needs of the Christian poor, and the office that he
irreverently assumed let him lose with shame. The same we extend
Text. Since
it is
also to
pagans. 51
canon 70
who
Summary. Jews
voluntarily approached
holy baptism, do not entirely cast off the old man that
they may more perfectly put on the new one, because, retaining
remnants of the former rite, they obscure by such a mixture the
Text.
the waters of
till
on
In 581 the
Easter Sunday,
festivals.
And
Test
we
wish and ordain that during Holy Week they shall not leave their houses at all except
in case of urgent necessity, and the prelates shall during that week especially have them
guarded from vexation by the Christians." Mansi, XXIII, 22; Hefele-Leclercq, V, 1453.
Many decrees similar to these in content were issued by synods before and after this
renewed.
III, 227.
the Jews in
202
ment
may
Summary.
Holy Land.
series
preserve them in
Lord
is
its observ-
the
men who are fully familiar with the circumstances of the times,
and with the approval of the council, that all who have taken the
cross and have decided to cross the sea, hold themselves so prepared
that they may, on June 1 of the year after next (121 7), come together
in the Kingdom of Sicily, some at Brundusium and others at Messana, where, God willing, we (the Pope) will be present personally
to order and to bestow on the Christian army the divine and Apostolic blessing. Those who decide to make the journey by land, should
strive to hold themselves prepared for the same time for their aid
and guidance we shall in the meantime appoint a competent legate
a latere. Priests and other clerics who are with the Christian army,
subjects as well as prelates, must be diligent in prayer and exhortation, teaching them (the crusaders) by word and example that they
have always before their eyes the fear and love of God, lest they say
or do something that might offend the majesty of the eternal King.
And should any have fallen into sin, let them quickly rise again
through true repentance, practicing humility both interiorly and
exteriorly, observing moderation in food as well as in clothing,
avoiding dissensions and emulations, and divesting themselves of all
malice and ill will, that being thus fortified with spiritual and material arms, they may fight with greater success against the enemies
of the faith, not indeed relying on their own strength but putting
their trust in the power of God. To the clerics we grant for a period
of three years as complete an enjoyment of their benefices as if they
actually resided in them, and they may, if necessary, even give them
as pledges during this time. Therefore, that this undertaking may
not be impeded or retarded, we strictly command all prelates that
each one in his own territory induce those who have laid aside the
crusader's cross to resume it, and carefully to admonish them and
others who have taken the cross, as well as those who happen to be
engaged for this purpose, to renew their vows to God, and if neces-
dent
interdict to
293
abandon
hands of those appointed by the Apostolic See for this purpose, onetwentieth part of ecclesiastical revenues some religious orders only
being excepted and those (clerics) also who take or already have
taken the crusader's cross and are about to set out personally.
and our brethren, the cardinals of the Holy Roman Church, will pay
one-tenth of our revenues. All are bound to the faithful observance
of this under penalty of excommunication, so that those who deliberately commit fraud in this matter will incur that penalty.
Since by the just judgment of the heavenly King it is only right
;
We
294
that those
who are associated with a good cause should enjoy a spewe exempt the crusaders from collections, taxes, and
cial privilege,
We
alty.
to the
We
We
295
this
terred
crucified.
We,
therefore,
in
we
of others,
62
That
is,
296
spirit of piety aid in bringing to a successful issue this holy undertaking, this holy and general council imparts the benefits of its
Amen.
may advance
worthily to
salvation.
(1245)
The
History.
supremacy.
It
papacy should in
all
On
is,
mind was the restoration of the imperium mundi, which connoted supreme
temporal power, with which the popes should have no right to interfere.
In this he
was an
had become part and parcel of the Hohenstaufen policy. The centralization of
his power in Italy and his wars upon Lombardy, together with his obsession by the idea that the possession of Italy without the possession of Sicily
would always be insecure, and that the king of Italy must at the same time
he emperor, naturally brought him into conflict with Gregory IX, because
the freedom and independence of the Lombard cities constituted a power-
ful
(Barbarossa). It
idea that
and necessary defense for the security of the Papal States and,
if
we
consider the geographical location of these States, because the Pope, for
the preservation of his liberty,
was compelled to
frustrate
any attempt
at
and
as
erick's deposition.
March
in all
20, 1239,
known
two
encyclical letters he
made
298
new
side
The
crusade in
all
who
should continue
to
princes remained loyal to the Emperor, with the result that the Emperor,
encouraged by
now
this failure,
set
gust
9,
Easter. 1
Though
Rome
the following
now
left
it.
He
seaports,
his prohibi-
way
Rome
the
Rome,
his oppo-
and endeavored to intimidate the cardinals to elect a pope to his own liking. When, on June 25, 1243, Sinibaldo de Fieschi ascended the papal
throne as Innocent IV, Frederick manifested great satisfaction
new Pope
at the elec-
as
determined
as
in
who
was
as
knew from
sible so
his
to
re-
Re-
ff.
ff.
the prelates
whom
299
way
to
Rome
to
from the outby having all highways, bridges, and seaports guarded by soldiers. The
Pontiff was moved to energetic decisions by the violence of the Emperor,
interference with his own freedom of action and fear for his personal
By
safety.
on December
2,
left Italy,
in
Lyons.
He
ar-
On
January
24 of the
Constantinople.
Among
those
who
the Latin
Em-
were
also the
From Germany only a few bishops attended, since most of them sided
with the Emperor against the Pope, while Hungary, on account of the
Tatar invasion and the wretched condition of the country, was not represented at
all.
described his
jects,
wretched
plight.
The
Greeks,
many
of
whom
were
his sub-
the Pope,
his territory
other enemies,
Holy Land and for the strengthening of the Latin Empire in the East.
Those are fine promises, replied the Pope, but the Emperor will never fulfil
them.
300
The
of
St.
to the multitude of
to
my
my
sorrows
He compared
soul."
in
my heart,
his five
five
wounds
joy
of our
Lord. These five sorrows were: (1) the bad conduct of the clergy, the
bishops as well as those of the lower grades; (2) the insolence of the Sara-
cens,
put to
ence of the Latin Empire; (3) the madness and cruelties of the Tatars and
their destruction of Hungary, sparing neither age nor sex; (5) the persecutions of
Emperor Frederick,
whom
The second
against the
many
last ses-
sion
July
till
signed
from
by
17. It
He
their allegiance to
continue to
authorized
all
claring at the
Among
The
675.
de-
it
also issued a
octave had already been instituted but was not alwavs observed. Mansi, XXIII,
current abuses
gary,
301
Empire of Constantinople.4
i
CANON
Summary.
court,
By
the clause
decree that
must be indicated in
the
presence, lest
change such
names
desires their
permitted to
at will.
are
talis,
quod
talis
Carus et quidam
servorum Dei.
alii
super
tali
re
fwrativa
but also in the parte disposhiva, thus: Phis episcopus servus ser-
wum Dei.
sibi
Conquestus
tojuriantur.
anyone obtaining
'
above forms,
not only
est
nobis
quod
talis,
talis
Caius et quidam
talis tibi
alii
praesentiam
named but
also as
many
others as he wishes,
because the
expressions
Moreover, the
of fraud.
The
'
naturally
ff.; Hefele-Lecleraj, Histoire des Conciles, V, 1612-77; HergenHsmdbuch d. allg. Khchengeschichte, II, 5th ed., 576-93; Frantz, Der grosse
Kmpf zmschen Kaisertum u. Papsttum zur Zeit d. Hobenstaufers Friedrich II, BerFriedrich 11 u. Papst Honorhts III in ihren gegenseitigen Bezielin, 1903; Knebel, Kaiser
btmgen (U20~2j), Munster, 1905; Weber, Der Kampf zwischen Papst Innozenz IV u.
Friedrich H bis zur Flucbt d. Papstes nach Lyon, Berlin, 1900; Folz, Kaiser Friedrich
11 u. Fapst Innozenz IV. Ihr Kampf in den Jahren 1244 u. 124$, Strassburg, 1905; Fehling,
den Jahren 1227-1239, Berlin, 1901;
K&tr Friedrich II u. die romischen Kardinale
Ddindres, Innocent IV et la chute des Hohenstaufen, Paris, 1907.
rotber,
who
302
could not
so
many
know
of them were
CANON
Summary. Legal matters may be committed only to persons of high rank, and mtw
be assigned only to localities where an adequate number of skilled jurists can be had.
We
Text.
ordain in the present decree that the Apostolic See and
those delegated by it may not commit legal affairs (causae) to anyone except persons who are invested with high rank or who are attached to cathedrals or prominent collegiate churches. Matters of
this kind, moreover, they must assign only to localities where an
adequate number of skilled jurists can be had. Judges who contrary
to this decree should cite one or both of the parties to another
place, may be disobeyed with impunity, unless both parties have
previously agreed to
Comment. By
it.
by
no
By
proved derogatory to the Apostolic See and to the ordinaries, because those
delegated, often forgetting that their authority was only a delegated one,
sometimes exceeded
it
See
and to the bishops. Hence this decree rules that causes may be committed
only to clerics invested with high rank or to those attached to cathedrals
or important collegiate churches. 5 New vigor was added to this decree by
Boniface VIII in his constitution Statutum (c. 1 1, VI, De rescriptis, 1, 3).
legislation
on
canon
Summary. Conditional,
alternative,
XXV,
c.iode
rtf.
this time
5 Collegiate churches were those modeled after cathedral churches. From early times
the custom obtained that the bishop and the clergy attached to the cathedral occupied
a common dwelling and lived the common life. To this mode of life St. Augustine gave
a more perfect form, which his own clerics when they became bishops introduced into
own
their
We
303
pose of
and uncertain
over to
the others.
CANON 4
Smmory. Conservators must defend against manifest injury, but they may not
make judicial inquiries.
We decree that the conservators whom we frequently apmust defend against manifest injury and violence those whose
defense we have committed to them, but they may not extend their
authority to matters that pertain to a judicial process.
Text.
point,
against
process,
orders.
of persons, chief
certain classes
Being exempt
from episcopal
jurisdiction
the religious
to the
national
Conservatores qui
.
MexmHsperSimrmmP(mtificemautlegatos ejus missos a latere.
Other classes of persons for whose protection they were appointed were
.
universities,
CANON
According to the law there seems to be no doubt that a delewho in this matter has not received special authority
from the Apostolic See, cannot compel either of the parties to appear before him personally in court, unless the cause be a criminal
one, or if the giving of evidence or the taking of the oath of calumny
Text.
gated
!
tommy.
to
judge,
MniXXfV,866.
J
Cf.
ief.
cci,
15,
'VP,
De
XIV
c.$
304
of the
canon 6
Summary.
unless
it
trial of
canon
Summary.
plaintiff shall
if
shall
not be
Text A plaintiff who does not appear at the time for which he
made arrangement for the citation of his opponent, shall be con*
demned to pay to the defendant answering the citation all the expenses incurred on account of such non-appearance, and he
is
not
canon 8
Summary.
anyone seeks
Text Wishing
letters to
to restrict as
trials,
much
of
if
to this vitiates not only the letters but also the process instituted by
means of them, and he shall be condemned to pay to the defendant
all the legitimate expenses if through such letters he has caused him
Some
III.
the
same judges,
being
305
wise has
suspected.
same penalty as
CANON 9
Summary. In case of an ecclesiastical benefice, possession may not be taken because
of the absence of the defendant; but let the matter be adjusted without the litis con-
umo.
We
Text.
decree that he
who
with the inpossession because of the incumbent's non-appearance at the trial causa rei servandae, lest by such
action the acquisition of any of the aforesaid offices appear irregular; but in such a case the divine presence taking the place of the
absent party, it is permissible, also without the litis contestatio and
after a careful examination of the matter, to terminate it in the
sonatus,
cumbent, is not to
be admitted to
its
way.
proper
CANON
Summary. Negative assertions
may be
10
admitted
if it is
deemed
expedient.
We decree that judges may admit negative assertions (posiwhich cannot be proved except by a confession of the opponent, if for the sake of justice it should appear expedient.
Text.
tiones)
CANON
within
the
*dignitas implies
terms
sonmis
!
II
whom
When
Text.
judge against
main issue.
against
Summary.
is
two
306
we
CANON
12
penalty. 10
CANON
13
Summary. Those
exercising lawful administration of church properties must safeguard such properties and must not contract unnecessary debts. At the beginning of a
new
ties,
made
movable and immovable properis to be given to the new inof churches are forbidden to put
themselves or their churches under obligation to others, or to contract debts that may
prelate invited
of
all
transcript of this
by him. Rulers
307
a little
ble
we,
month
shall
within one
given earlier to
his
books, charts, instruments, privileges, ecclesiastical orall other things that belong to the furnishings of a city
or rural establishment ; also the debts and claims must be recorded,
that it may be known by the superior should it be necessary, and by
properties,
naments,
and
those also
they shall
shall
govern
leave
care in
it
it
at their
similarly sealed, is
to be placed in the
im:umbent
church
But
of
if
this
who were
summoned
308
But
church,
canon 14
Summary. All possessors of dignities with or without
benefices, who do not personally reside in them for at
Text.
divers cares,
Empire
309
of Constantinople. This
it
desires
concerns.
canon
Summary.
15
commanded
The
Text.
lavishly and
We
That
is,
a remission of sins
3"
CANON 16
tries
must he carefully
structions
Text.
ligion
ble
as
by which
the Tartars can enter Christian counWith ditches, walls, and other conmay appear necessary to frustrate their advance.
examined and so
fortified
Desiring above all things the expansion of the Christian reand wide over the earth, we are overcome with inexpressi-
far
grief
contrary
power
of Tartars, seeking to subjugate or rather to annipeople, having collected its forces, entered
Poland, Russia, Hungary, and other Christian regions, and, sparing
neither sex nor age, but venting its rage with horrible cruelty on
ill without distinction, inflicted upon those countries an unheard-of
destruction. And with unbroken progress, for it knows not a sword
idle
the Christian
in the
scabbard,
countries, in
arniies, it
which God
being
away while it
bemoans
its
own
We
'
We
'
gain
I
entrance.
17
Summary. Any person, whether ecclesiastic or layman, who brings about the death
of another by means of assassins, incurs ipso facto excommunication and deposition.
12 Hefele and others do not give this canon as one that we know with certainty
to
have been published by the Pope with the concurrence of the council; hence they
place it on the list of canons whose issuance by this council is doubtful. However, the
fact that it contains the formula sacri approbatiove concilii statuimus, leaves no doubt
that it is a genuine conciliar decree. I have therefore added it as number seventeen in
this series.
CANON
Summary.
of a
series
crusade to the
Holy Land.
threatening the
from all useless and superfluous expenditures, espefrom those connected with revelings and banquets, contributing this money to the aid of those persons by whom the affairs of
God can be advanced for which let them be granted a remission of
their sins according as the prelates may deem fit. To the clerics who
are in the Christian army we grant for a period of three years as
complete an enjoyment of their benefices as if they actually resided
in them, and they may, if necessary, even give them as pledges during this time. Therefore, that this undertaking may not be impeded
or retarded, we strictly command all prelates that each one in his
own territory induce those who have laid aside the crusader's cross
to resume it, and carefully to admonish them and others who have
taken the cross, as well as those who happen to be engaged for this
purpose, to renew their vows to God, and if necessary to compel
them by excommunication and interdict to abandon all delay. Moreover, that nothing connected with the affairs of our Lord Jesus
they abstain
cially
3H
Christ be omitted, we wish and command that patriarchs, archbishops, bishops, abbots, and others who have the care of souls, diligently explain the meaning of the crusade to those committed to
them, adjuring (through the Father, Son, and Holy Ghost, one, only,
true and eternal God) kings, dukes, princes, marquises, counts, barons, and other prominent men, as well as the rulers of cities, villages,
and towns, that those who cannot go personally to the Holy Land,
will furnish a suitable number of soldiers, and, for a period of three
years, in proportion to their resources, bear the necessary expenses
connected therewith for the remission of their sins, as we have made
known in the general letters already sent over the world and as will
be expressed in greater detail below. In this remission we wish not
only those to participate who for this purpose furnish their own
ships, but those also who undertake to build ships. To those declining to render aid, if perchance any should be found to be so ungrateful to God, the Apostolic See firmly protests that on the last day
they will be held to render an account to us in the presence of a
terrible Judge. Let them first consider with what security they can
appear in the presence of the only begotten Son of God, Jesus
Christ, into whose hands the Father has given all things, if in this
matter they refuse to serve Him who was crucified for sinners, by
whose favor they live, by whose benefits they are sustained, and by
whose blood they were redeemed.
With the approval of the council we further decree that absolutely
all clerics, subjects as well as superiors, shall, in aid of the Holy
Land and for a period of three years, pay into the hands of those
appointed for this purpose by the Apostolic See a twentieth part
of the revenues of their churches ; some religious orders only being
excepted, and those (clerics) also who take or already have taken
the crusader's cross and are about to set out personally.
and our
brethren, the cardinals of the Holy Roman Church, will pay a tenth
of our revenues. All are bound to the faithful observance of this
under penalty of excommunication, so that those who deliberately
commit fraud in this matter will incur that penalty.
Since by the just judgment of the heavenly King it is only right
that those who are associated with a good cause should enjoy a special privilege, we exempt the crusaders from collections, taxes, and
other assessments. Their persons and possessions, after they have
taken the cross, we take under the protection of Blessed Peter and
our own, decreeing that they stand under the protection of the archbishops, bishops, and of all the prelates of the Church of God. Besides, special protectors will be appointed and, till they return or
till their death shall have been certified, they shall remain unmolested, and if anyone shall presume the contrary, let him be restrained by ecclesiastical censure.
In the case of crusaders who are bound under oath to pay interest,
We
315
we
provide
they return
rassed
ceived
must, after
severe
penalty.
the
that
they check
this iniquity.
And,
mand that severe ecclesiastical punishment be imposed by the prelates on their persons and lands. Moreover, we excommunicate and
those also
who
sell
them ships
who in the ships of the Saracens hold the post of pilot, or in any
other way give them aid or advice to the detriment of the Holy
Land; and we decree that their possessions be confiscated and they
and
themselves
this
sentence be publicly
tries
under penalty of anathema, we forbid all Chrisperiod of four years to send their ships to Oriental couninhabited by the Saracens, in order that a greater number of
ships
Furthermore,
tians
for a
3'
Land and
We,
their
will permit,
and
there as
to those also
their means
the expense
of others, we grant a full remission of their sins. Participants of this
remission are, moreover, all who in proportion to their means contribute to the aid of the Holy Land, or in regard to what has been
said give opportune advice and assistance. Finally, to all who in a
spirit of piety aid in bringing this holy undertaking to a successful
issue, this holy and general council imparts the benefits of its prayers
There
is
no doubt
salvation.
Amen.
IV, with the approval of the council, issued a number of others. All of
these, together with several that he issued without the concurrence of the
council, he shortly afterward united in a single collection
which he
Of
this collection
provided in 1747 by
18 Cf.
canon
14,
note
J.
11.
we
trans-
judicial
317
by Mansi from a
Carpus juris can.,
15
Lucca MS. Each of these editions contains forty-two decrees, which have
but few textual variants and are in part evidently abbreviations of the
and the other was published
We find in them
original
synodal text.
decrees
origin in
the council;
number of
1)
the
in 1779
first
seem not to
It is
extremely
difficult
which of those under numbers 2 and 3 were published with the approval of the council and which
were not, since the superscription Idem (Innocentius IV) in eodem (conaccurate. This collection of Innocent IV and a
cilio Lugd.) is not always
later one of Gregory X, were united by Boniface VIII with his own decrees in the Liber sextus, which he intended as a continuation of the five
books of decretals of Gregory IX. Here we have the same confusion, the
Idem in eodem at the head of decrees which we know were not issued by
and in
not a
Innocent
few
we have good
from Hefele,
constitution
constitution
cause this
eight
Romana
The
concurrence
the
But Hefele is evidently mistaken, bewas published by Innocent IV on March 17, 1246,
Ecclesia.
17
months after the dissolution of the council.
SECOND SERIES
CANON
payment of ex-
and failure to prove charges against person elected, ipso facto suspension.
Text.
We
decree that
provision, either
or
son elected,
"See
TI,
Appendix, 3$i-6*.
series as
canon
IV
is
Potthast, p. 996.
sent the constitution Romana Ecclesia to the University of Paris
17.
on
Univ. Paris., I, no. 152; Potthast, no. 12062. Soon aftersame university the decrees that in 1245 he had promulgated in the
Comal of Lyons. Denifle, Chart. I, no. 153. To these decrees he added the constitution
Kamma. Ecclesia which he had divided into ten chapters. In this way arose the common
lt
Innocent
Denifle, Chart.
but
in
1145 ki
the Council of
Lyons.
the constitution
Romana
Ecclesia
was published
i8
complainant and the defendant, and generally all who are concerned,
must within a month of the attack begin their journey to the Apostolic See, either personally or through representatives properly instructed in the matter. If one of the parties has not arrived twenty
days after the arrival of the other party, the matter may be disposed
of in accordance with justice regardless of such absence. We wish
and command that this be observed in dignitatibus, personatibus, et
canonicis. We add, moreover, that he who has not fully proved his
charge of formal error, be condemned to pay the expenses which the
other party declares to have thereby incurred. On the other hand, he
who has failed to prove his charges against the person elected, is
ipso facto suspended from his ecclesiastical benefices for a period
of three years. If within that time he does not divest himself of his
temerity, he is ipso jure forever deprived of them with no hope or
pledge for mercy, unless it has been proved conclusively that a probable and manifest cause excuses him from the charge of calumny.
CANON
Summary.
plaintiff,
is
Text. There is a persistent rumor that the exceptio spolii sometimes deceitfully introduced in tribunals, impedes and confuses ecclesiastical causes, because, when an exception is admitted, appeals
are interposed and thus the investigation of the main issue is interrupted or frequently lost sight of. Wishing to put an end to strife
and to curtail occasions for calumny, we decree that in civil matters a judge may not postpone procedure in the main issue by reason
of an exceptio spolii introduced by a person other than the plaintiff.
But, if in a civil matter the defendant declares that he has been despoiled by the plaintiff and in a criminal matter by someone else,
he must within fifteen days prove his declaration, otherwise let him
be condemned to pay the expenses which the plaintiff incurred on
his account, a judicial estimate of these having been made beforehand or, if the judge should deem it expedient, let him be punished
otherwise. By one despoiled we mean in this case one who, when
criminally accused, declares that he has been stripped of all his possessions or of the greater part of them by violence, and in this sense
the canons speak and are to be understood, for it is imprudent to
fight with bare hands and to oppose ourselves to the enemy without
weapons of defense the one despoiled, therefore, has the advantage
that being already stripped he cannot be stripped again. Among the
;
however,
it is
may make use of that fact against his accuser or whether time ought
to be granted him by the judge within which he may demand restitution, lest he should wish to continue in that destitution in order
to
and right;
canon j
Sammy.
the introduction of an exception of major excommuniany part of judicial trials is often inspired by malice for
the purpose of delaying matters and of overwhelming the plaintiffs
with fear, fatigue, and expenses to compel submission or reconciliation, thus defrauding them of their rights, it is hereby decreed that
when any defendant introduces an exception of excommunication
against a plaintiff, he must name the kind of excommunication and
also indicate the name of the one who imposed the excommunication; he must, moreover, within eight days prove his charge by conclusive evidence, otherwise the judge shall proceed with the case,
wndemning him to pay the expenses which the plaintiff declares to
have incurred on account of the charge. If, however, the charge is
proved, or if another exception of excommunication is introduced
and proved, the plaintiff is to be excluded from the proceedings till
he shall be deemed worthy to receive absolution, and what has been
accomplished so far in the case shall be regarded as valid. But, if
the second exception likewise was not proved, no other is to be introduced, unless a new excommunication should be imposed or clear
proof in regard to a former one should come to light. The introduction of an exception after the matter has been finally adjudicated,
does not invalidate the sentence but impedes its execution, observing this provision, that if the plaintiff has been publicly excommunicated and the judge should at any time know this, he may not delay
to exclude him from the proceedings, though the defendant may
Text. Since
cation into
make no exception in
the matter.
320
CANON 4
Summary. An
ecclesiastical
judge
who
upon anyone,
is
and must make good the loss sustained by the injured party.
Should he, while suspended, perform an act in divinis, he incurs irregularity from
which he can be absolved only by the Apostolic See.
Text. Since the eternal Judge will not hold guilty him whom an
unjust judge condemns, according to the inspired writer: "He will
not condemn him when he shall be judged" (Ps. 36: 33), let ecclesiastical judges take heed that in judicial trials they be not actuated
by a grudge or ill will, by fear or favor, and let them not in consideration of a reward or its expectation frustrate the ends of justice,
but in all things that concern legal causes, especially the matter of
imposing sentences, let them have only God before their eyes, imitating the example of him who having entered the tabernacle to pray
referred to the Lord the complaints of the people that He might
judge them in His own court. If any ecclesiastical judge, ordinary
or delegated, disregarding his reputation and contrary to conscience
and justice, should for any sordid consideration so prostitute his
office as to inflict a judicial injustice upon any party, he is ipso
facto suspended ab executione officii for one year and is to be condemned to pay to the injured party the losses incurred by reason
of his partiality, and should he during the period of suspension perform an act in divinis, he incurs, in accordance with the canons, irregularity from which he can be absolved only by the Apostolic See,
those decrees remaining in force which impose penalties on judges
who debase their office. For it is but just that he who has presumed
to ofFend in so many ways, be chastised by manifold penalties. 18
canon
Summary. He who appeals
'
pope
321
granted to the
should so
CANON 6
Summary. Those exempt may in the matter of transgressions in non-exempt localilocal ordinaries; in exempt localities, not. Over monasties be summoned before the
interdict, suspension, and excommunication, ordinaries
teries enjoying immunity against
these
priories
matters have
no
jurisdiction, unless
monks
Text Wishing that the liberty which the Apostolic See has by
privilege of exemption granted to some, shall remain so unimpaired that it may not be made the object of attack by others, and
that they to whom it has been granted may not abuse it, we decree
that however much liberty those exempt may enjoy, they may nevertheless in the matter of transgressions or accusation be lawfully
summoned before the local ordinaries, who may in these matters exercise, according as the law requires, jurisdiction over them. Are
they, then, absolutely without liberty in these matters? No indeed,
because they cannot be summoned before the ordinaries when the
crime was committed or the contract made or a matter disputed in
nor can they be summoned to where they have
an exempt locality
a domicile if the crime was committed in some other place. Nor
under pretext of domicile have local ordinaries any power to send
them there where they have been summoned or to command them to
the summons, except in cases in which canon law commands them
decree the same
to be subject to the jurisdiction of the bishops.
in regard to those to whom has been granted by Apostolic privilege
the right to make answer to those accusing them only before a particular judge. In regard to those, however, whom an Apostolic indult
the
We
3"
renders
immune
religious,
among whose
privileges
canon
and a copy,
suspension.
The
if
superior to
suspension and
in-
terdict.
Text. Since excommunication is a medicinal and disciplinary remedy, not seeking the spiritual death of the individual, let him, nevertheless, on whom it has been imposed not despise it, and let the
ecclesiastical
to be applying
3*3
19
canon
He who
be absolved ad cautelam, declaring that the excommunication imposed b null, may be absolved notwithstanding objections to the
within
eight days that the censure was imposed for a
proved
be
it
unless
contrary,
legitimate reason. He who declares that he was excommunicated after an appeal, must
prove it and probatione pendente in judiciis evitabitur, extra judicium vero non.
Summary.
petitions to
be absolved
to
that
that the
in
In
answer to the
petition
communicated will amend ; but if he does not prove that the offense
was manifest but still remains doubtful, then absolution may be
given ad cautelam, provided the one excommunicated has given satisfactory assurances to appear in court if later it should be found
that the excommunication had been justly and canonically imposed.
In regard to the second point, we decree that he who is admitted to
furnish such proof, is during the time that he furnishes that proof
to be avoided in judiciis. Outside of court, however, he may be admitted to offices, postulations, elections, and the exercise of other
legitimate acts.
CANON 9
Summary. Bishops incur no sentence of suspension or interdict unless
stated in the documents.
Text. Since it is
it is
expressly
incur ipso jure the sentence of indecree that bishops and other superior
prelates do not under sanction of any constitution incur the aforesaid sentences unless express mention is made of them to that effect
in
or suspension,
we
the constitutions.
(1274)
of
its
opening he
set for
May
throne (March
1274.
To
this
end he sent
The
27,
date
letters of invita-
tion to the prelates and Christian princes. Similar invitations were sent to
who
since 1261
had been
(Palaeo-
as
early as 1262 had manifested a desire for union with the Latin Church. In
his letters
to necessary ecclesiastical
affairs.
Pope
(April,
needed assistance for the Holy Land. In the Pope's mind, the chief purpose
of the council was the liberation of the Holy Land by means of a crusade.
Other objects he had in view were the reunion of the Eastern Church with
that of Rome, and the reform of the Church in its clergy and laity. For
the attainment of this threefold purpose, Gregory made the most elaborate preparations.
To
religious
to be undertaken
them
a view to
June
3,
1273, ne
among them
five
new
members, 1
(November
St.
23, 1273)
send
representatives to the council and thus contradict the rumors current for
some time that he was not sincere in his desire for union. He invited to
Lyons also St. Thomas Aquinas and requested him to bring with him the
1
9,
K,
325
on
(May
7,
sions also
rection
of
its
He
him
particularly to discuss
abjuration
numbers
it
was
archbishops
1,000
the Latin
the
patriarchs of Constantinople
of Aragon,
and of the
Khan
(Luke
22: 15):
"With
desire I
have desired to
which he dwelt
the threefold
(Palaeo-
numbers and
chiefly
(May
on
18),
Pro zelo
fidei
On June
all
that dur-
benefices in Chris-
Holy Land.
other lay
court
officials.
On
June
been in
it was
Greek by Germanus, by the Italo-Greek bishops (who had
union with
Rome
Ban
in 1098), 4
and two
Dominican William of Moerbeke and the FranJohn of Constantinople, both of whom possessed a knowledge of
papal penitentiaries,
ciscan
Epistle
Latin and
repeated in
The
two
the
Finke, Konzilienstudien
op.
tit.,
4 *'ortescue,
mr Gesch. d.
1$.
p. 116.
ff.
326
The
d patre
article qui
The
Bonaventure.
tirely to matters
filioque procedit
6,
was sung by
preached by St
en-
preached by
little discussion
their
thwart the efforts to effect a union. After the public reading of the
of Michael Palaeologus, in which the
Emperor had
letter
inserted as an expres-
sion of acceptance the symbol or creed that had been sent him by the
Pope, 5 the Greeks in the name of the Emperor and of the Orthodox
Church accepted the Roman primacy, the filioque and everything else,
fidelity to the Latin Church and the protection of the Emperor
to the Christians in the Holy Land. At the conclusion, Gregory intoned
promised
Te Deum and
the
morning of July 15 occurred the death of St. Bonawas buried on the evening of the same day in the church of
the Friars Minor at Lyons. The mass was celebrated that morning by the
22: 15. Early in the
venture.
He
Cardinal-Bishop of Ostia,
The
fifth session
who
16,
and the
sixth
and
last
on the day
his
in
attained,
namely, union with the Greeks and adequate measures for the Holy Land,
not realizing
at the
failure.
As to the third,
many prelates
who were
ing,
he
said, that
some have no
desire to
It is truly astonish-
others,
good and bad, voluntarily offer him their resignation. He again warns
them to lay aside their wickedness. The bishops of Liege, Wurzburg, and
Rhodes, and the abbot of St. Paul in Rome were deposed for unworthiness.
The number
to reforms
among
is
many and
as
various
The
end to
it.
The measures adopted by the council in aid of the Holy Land also proved a failure.
The tithe was successfully raised, and in England and France preparations were made
for the crusade, but for several reasons the project
out.
complaints
327
in,
Of
the replies
of the
nipartitttm
selves
soon
men be
by Dr. H. Finke
publication
him in an Osnabriick
done
much
thirty-one
11
douin,
the council
However,
(November
1,
is
also the
dis-
col-
lection of
by
an insoluble
seemed to
MS
Thb work
has
come down to us
in
two forms,
The
former
is
given
II
scbrift
tkren u.
V, 1 65 f
^Hrsg. v. Doilinger, Beitrage zur polit,, kirchl. and Culturgeschichte d. letzten seeks
(Wien,
1882), 180-200. For a study of the authorship and sources of the
Jibrb^ul
Hefele-Lederca,
treatise,
schrift
1930.
cf Stroick,
.
Verfasset u. Quellen der "Collectio de scandatis ecclesiae." ReformO.F.M. zum 2. Konzil v. Lyon, 1214, Quaracchi,
Auer, op.
cit.
XXIV,
37 ff .; Hefele-Leclercq, Histoire des Conciles, VI, 153-209; Hergend. allg. Kirchengeschichte, II, 5th ed., 593-604; Martin, Conciles et
de Lyon, Lyon, 1905; Finke, Konzilienstudien zur Gesch. d. 1$.
diocese
du
failure
Jahrh^ Munster, 1891; Goller, "Zur Gesch. d. zweiten Lyoner Konzils u. d. Liber Sex-
"Mansi,
rother,
Handbuch
XX
historiques,
XLVIII
n Konzilienstudien.
la
28
tas constitutiones
nuper
in generali concilio
Lugdunensi
<>t
po* sub
certis
articulis
can hardly be any doubt, also to the University of Paris, for academic and
judicial use. Till recently the
words
et post in the
above statement
with the
had
result that, in
and
31,
of the decree
and the
Cum
2,
10,
11,
12,
16,
longer extant, and his declaration has been generally accepted. 14 Thus
(from the
title:
De sumnta
four
no.
1,
and 14, Licet canon and Nemo deinceps (both from the title: De
and no. 18, Ordinarii locorum (from the title: De officio ordito which may be added the supposedly lost constitution Cm
electione),
narii);
sacrosancta. In
is
my
comments on
Cum
no.
sacrosancta.
1, it
will
That
be shown that
this decree
12 Potthast,
497-
329
He
canon et
c.
nemo
et
1
testimonium perhibet veritati. *
ilia
de
With
following
the conciliar
lished
list
de
elect, c.
ilia
ubi periculum
qui vidit,
which decrees
all
disposed of.
pub-
became
lost,
to
consult
matter of
the benefit
The
of a crusade.
all ecclesiastical
20
Holy See gave him assurances. In the second
the
revenues for
Pope again delivered a brief discourse on the threefold object of the council. Then, continues the Brevis nota: Allocutione
jmita latae sunt constitutiones pro zelo fidei. That a decree or decrees with
Pro zelo
Holy Land were read and enacted in the second session of the
council, there has never been any doubt. References to it are found in
21
and in many reports relative to the council.
letters of Gregory X
22
erroneously identified the Pro zelo fidei with the decree Fideli
Hefele
ic devota, which was published in the last session and is of dogmatic conof the
aid
""(Gregorii
mandato in
Fol.
From
the prefa-
the
Cf.
comments on canon
Finke,pp. 11
2.
tf.
"Inter primam
et
constitutione habetur."
"See VI,
170.
21021, etc.
330
tent.
Kaltenbrunner M
identified
etc
with the
it
devota.
The
Cum
sacrosancta, which
is
CANON
Summary. The
from one principle and by one
series.
Holy Ghost proceeds eternally from the Father and the Son
as
spiration.
Text, We confess that the Holy Ghost proceeds eternally from the
Father and the Son, not as from two principles, but as from one principle, not by two spirations but by one single spiration. This the
Holy Roman Church, the mother and mistress of all the faithful,
has hitherto professed, preached, and taught, this she firmly holds,
preaches, professes, and teaches this is also the true and unchangeable teaching of the orthodox fathers and of the Latin and Greek
doctors. But, because some through ignorance of the aforesaid irrefutable truth have fallen into various errors, we, wishing to preclude such errors, with the approval of the holy council condemn
and reject all who presume to deny that the Holy Ghost proceeds
eternally from the Father and the Son, or rashly assert that the
Holy Ghost proceeds from the Father and the Son as from two
principles and not as from one. 25
;
this
decree
Cum
it
in the
its
is
not given
in the
list
of
second
session.
26
A greater enigma
sacrosancta,
in this
Council of Lyons.
their insertion.
The
first
What
word
is
of interest to us here
or the
23
24
first
I,
65.
is
the manner
of
decree are
331
with red ink, and the tides are rubricated and stand either
The
words.
list
Cum sacrosancta,
followed
the
is
margin:
solved.
De
The
sancta et
mdhndua
Fideli ac devota
is
procession of the
one principle
profession
(trinitate). 2
identical
''
With
with the
a patre et
title is
Cum
sacrosancta. It
filio
given in
faith
by Gregory
Cum
sacrosancta,
and since then has begun with the words Fideli ac deThe doctrine of this decree was again enunciated by the Council
*
of Florence (1439-45) and by Eugene IV in his bull Cantate Domino.
one constitutions
vota.
CANON
Summary.
of a
Roman
The law
it
in the election
pontiff.
Where
deliberation is
urges us that, while we are engaged in the reformaminor matters, we do not leave without a remedy for suitable
reform those things that are more dangerous. Wherefore, all things
that have been wisely enacted by our predecessors and especially by
Alexander III w of happy memory, for putting an end to discord in
the election of the Roman pontiff, remain absolutely unchanged, for
from these we intend to eliminate nothing, but merely to supply in
the present constitution what experience has proved to be wanting.
With the approval of the holy council, therefore, we decree that
when the pope dies in the city in which he resided with his curia, the
cardinals who are present in that city must wait only ten days for
their absent colleagues. On the expiration of that time, whether
those absent have arrived or not, they shall assemble in the palace
in which the pope lived. Each one may have only a single servant,
either cleric or layman, as he may choose. Those, however, in regard to whom an evident necessity suggests an indulgence in this
matter, we permit to have two, who also may be chosen by themselves. In this palace all must assemble in one room, without par-
manifest reason
tion of
it
Pages 10 f.
"Denzinffer, nos. 691, 703 f.
x.
332
tition or tapestry,
secretly. Visitors
333
resided
it
with the approval of this council, and by the aucommitted to them, see to it that each and all of the aforesaid
prescriptions be fully and inviolably observed without fraud and
deceit; nor shall they presume to impose upon the cardinals greater
restrictions than are prescribed. That these things may be so observed, as soon as the death of the pope becomes known, let them
(the rulers) take an oath in the presence of the clergy and the people of that city, called together especially for this purpose. If perchance, however, they commit fraud in the aforesaid matters or in
matters connected with them, or do not diligently observe them,
whatever may be their rank, condition or position, omni cessante
privikgio, they incur eo ipso the sentence of excommunication and
are branded forever as infamous; all dignities shall be forever denied them, nor shall they be admitted to any public office. We decree,
moreover, that they be ipso facto deprived of all fiefs, properties,
and everything else that they have received from the Roman Church
or any other churches, so that these revert to the respective churches
in their entirety, to be disposed of without opposition in a manner
by our authority,
thority
judged best
city,
moreover,
of St.
334
the things that are their own or strive after private advantage, but
with no one but God influencing their judgment, with mindB unhampered and with a clear knowledge of their duty, let them, as far
as is possible, by every effort and solicitude attend freely to the common good ; keeping before their minds this only, that they speedily
give to the Church a suitable head. Those, however, who act otherwise shall be subject to divine punishment, and their offense, unless
they do severe penance on its account, is in no wise to be remitted.
Moreover, we cassate and declare null and void all pacts, agreements, and obligations, whether they are bound by oath or any other
vinculum firmitatis, so that no one is obliged to observe them in any
way whatsoever, nor shall anyone fear from this transgression to
have broken his word; on the contrary, to such a one is rather due
great honor, since even the secular law testifies that transgressions
of this kind are more acceptable to God than the observance of the
oath.
But because the faithful should not so much put trust in a search
for a pope as hope in the moving force of humble and devout prayer,
we add to this decree that in all cities and in other prominent places,
when word is first received of the certainty of the pontiff's death,
the solemn obsequies having been celebrated for him by the clergy
and laity, every day till it is known for certain that a head of the
Church has been elected, prayers be offered to God, beseeching Him
that He who brings about harmony in His realms, may so move the
hearts of the cardinals toward an agreement in the election that a
speedy, harmonious, and suitable choice, that will promote the salvation of souls and answer the needs of the whole world, will result
from their unanimity. And that this salutary decree may not be
neglected under cover of ignorance, we strictly command that patriarchs, archbishops, bishops, and other prelates of the churches,
and others to whom has been entrusted the duty of preaching the
word of God, in their sermons diligently exhort the clergy and laity,
especially and frequently called together for this purpose, to resort
often to prayer for a speedy and happy termination of so great a
matter ; and by the same authority we command them to exhort not
only to frequent prayer but also to the observance of the fasts so
far as circumstances will permit.
Comment. This
is
we
Gregory
had
governing
mind in
convoking the Second Lateran Council, together with one or two later
statements relative to some of its achievements, it seems very probable that
papal elections. If
in this council
80
II
Hefele-Leciercq, V, 737
in Hist. Jahrbuch, I
Qebrauche (Kola,
f.
in
cardinals, 80 the
(1880), 595-600;
1902), pp. 32
f.
335
reliquus
by the
ruled that
cardinals present,
later
on even
their daily
It
Holy
See that
known from
provisions
too stringent.
Durahti,
position.
the dissolution
Hoc
he says:
Tne Pope
left
its
incipit as
who
considered
its
it
was published
after
of the council.
ideo dicit y
the
us,
Pope's secretary,
ability
this
plains,
had been
why
too,
V found
Adrian
it
" Canon
Dekret
it,
and John
XXI
it.**
so easy to suspend
I,
XLIX
502-94;
(1850),
Licet de vitanda.
1
expedient adopted by the authorities of Viterbo to hasten the election was
in the history of papal elections. When on the death of Gregprecedent
not without
ory IX in 1141 the cardinals in Rome could not by reason of a hopeless division poll
,
"The
the
them
and
ma-
Septizonium. Potthast, Regesta, p. 940. In a similar mancitizens of Naples after the death of Innocent IV
ner the cardinals were confined by the
jority,
confined
in 1154.
in the
"Lector,
La Conclave,
Paris,
1894;
Wurm,
XX
Potthast,
pp. 1709,
133.
336
CANON
Summary. Appellants
Comment. The purpose of this decree was to put an end to long drawn
resulting from appeals often maliciously made in the
ca>:
matter of elections, postulations, and collations, which proved not only
detrimental to the Church but were also a source of hardship to individuals. It requires that everything quod vel electioni ipsae vel electo objicitur
out judicial
.;
but the crime or crimes charged against him must be specifically stated,
The decree admits two cases in which
may be made.
First, in case of
new
337
offense, as
when
the
one elected
should
sumed, yet
such presumption
is
for
made by Innocent
fully,
to
IV
against those
who
Pope
remain in force."
CANON 4
Summary. Anyone elected is forbidden to administer the office either per se or
pgr dam, in part or in its entirety, before his election has been confirmed.
ambition
administration
manage to have that administration committed to them as procurators. Since, therefore, no favors must be shown to the perversities
of
general
over or
meddle
in,
right
All
who
we
act otherwise,
bestowed upon
them by the
canon
Text.
ous
it
The
electors
must
as
"C.
1,
VI0 De
,
elect., I, 6.
That
not only
Oement V,
is,
canon
in
is
Clem.
c. 4,
De
elect., I, 3.
Lyons.
c. 17,
X,
De
elect., 1, 6.
33*
is
fixes
aware, received no
ex-
election
must be made known to the one elected as soon as possible. This, because of
its indefiniteness, was restricted to eight days by Nicholas III (1277-80) in
0
his decree Cupientes (c. 16, VI
Ceterum, De elect., I, 6). If within this
,
period,
fail
to
do
so, those
if
new
who
not be confirmed), but are also suspended for three years from the
fices
they during
this
in the
Church de cujus
bene-
their
way into them, they shall ipso jure be perpetually deprived of them.
The one elected must signify his intention within one month from
time of notification, otherwise he forfeits his claim, unless he
who cannot
are
election
is
the
a person
it
impossible to
may be
fulfil this
requirement
extended. This
applies,
Confirmation must be sought within three months from the time that
is given. Just impediments are illness, difficulties of traveling, es-
consent
40
De
elect., 1, 6.
above, fixed
III, in
339
41
the time for confirmation in proportion to distance.
CANON 6
Summary.
He who knowingly
right to vote,
unless
an election
votes for an
lose his
results.
an
CANON
Me who
Summary.
We
Text.
is
by
others,
the
however,
CANON
by
it is
forbidden
part of
timeB
it
to
of the
majority.
to
is invalid.
canon 9
consideration of judicial or extra-judicial appeals in the matter of
episcopal elections does not devolve upon the Apostolic See, unless they are put in
cause is assigned which, when proved, may be regarded
probable
the
and
writing
The
Summary.
as
legitimate.
tt
Cf. the
decree Si
pottquam of Boniface
340
Text.
Though
CANON
Summary.
10
among
made
42
Because of non-observance of this decree by some and the consequent confirmaand consecration of those elected without the required examination, Boniface VIII
in 1299 supplemented it by adding that in the future such confirmations and consecrations and all juridical acts connected with them are invalid and that the metropolitan guilty of such non-observance loses ipso facto for one year his right of confirming and consecrating. C. 44, VI, De elect., I, 6.
tion
341
CANON
II
who
Summary. Those
for
are ipso
facto
excommunicated.
persons
among
whom
it iB
canon
12
who
are
must keep
them
in
good condition.
34*
Comment. This
constitution
was promulgated
By
urgent request
de regale, Regalienrecht)
is
Ages and
sees
at the
of
sover-
revenues of vacant
abbots
pertained to them, and to collate the benefices that became vacant during
the vacancy of such a see, except those to which was attached the cura
When and where the jus regale originated or was first exerand on what ground temporal rulers claimed the right to these revenues, is a matter of dispute. It probably began with custom which had its
animarum.
cised
however,
this
in
localities the
by dominium and
rulers;
urns, that
usurpation. The right was exercised at first only during the actual
vacancy of a see or abbey, but later was extended to the entire year following the death of the bishop or abbot, and not infrequently, for the
sake of the revenues, it was extended far beyond that period. The present
is,
at that
canon
43
it.
13
Summary. The bestowal of a parochial church on one who has not attained the
age of twenty-five years is null. He who has been given a charge of this kind must
reside in the church of which he is rector, and within one year he must be promoted
to the priesthood, otherwise he shall be deprived of the church committed to him.
Text Though
III of
be assigned to the direction of a parochial church unless he has attained the age of twenty-five years and meets the requirements of
knowledge and morals, and that the one so assigned, if, after being
warned, he does not within the time specified by the canons receive
priestly orders, shall be removed from that office, which is then to
be conferred on another; because, however, many show themselves
negligent in the observance of the aforesaid decree, we, wishing to
replace their negligence by the observance of the law, enact in the
present decree that no one may be appointed to the direction of a
parochial church unless he fulfils the requirements of the law in
regard to knowledge, morals, and age. We decree, moreover, that in
the future the assignment of parochial churches to those who have
*8
Thomassin, Vetus
et
nova
ecclesiae disciplina,
111,
lib.
II,
c.
54
f . Phillips,
v.
343
Comment. In
published
points of
latter
has
such
ing to
latter leaves
within the
permits the
latter
The
who
former declares
who
those
promotion to the
by the
priest-
committed to them,
by the former the deprivation is effected ipso jure. It often hapmen were appointed to the rectorship of parochial churches
who had not been raised to the sacerdotal order, hence the present decree
declares that they must procure such ordination within a year from the
while
pened that
time that
Trent adhered
when
To
this
it
moted (to orders) shall avail for a year only, except in the cases provided
hybw.
of
45
A celebrated
Boniface VIII, in
dained that
is
the
Qnum
ex eo
may
who
obtain or have
diaeonate
**C. 7,
j
1
Sw.
within a year
% De
elect., 1, 6.
VII, c. 12
VI0
54,
De
de
Cf
also
ref.
elect., I, 6.
344
13th of the Third Lateran Council and the 30th of the Fourth Latcran
As was
canon
Summary. Anyone not of
decree
14
Text.
in
CANON
15
permission of the bishop of that diocese lose for one year the right of conferring
orders.
We
canon
Sttmmory. Bigamists are deprived of
coercive power of the secular forum.
all
16
clerical privileges
to the
we
* Sess.
VII, c. 3 de ref.
Thomassin,
*
II, lib.
HI,
c.
10 f.
XIV\
c. 2>
and
Sess.
XX///,
c.
8 de
ref.
345
and are subject to the coercive power of the secular forum, any
custom to the contrary notwithstanding. Under penalty of anathema
50
we forbid them to wear the tonsure and the clerical garb.
canon
17
Summary. Canons wishing to discontinue the divine offices must express the cause
in a public document provided with their seals, which they must transmit to him
against whom the cessation is declared, otherwise all revenues received during the
must be restored and satisfaction made to him against whom the cessation
Should the cause be judged canonical, he who gave occasion for the
cessation, must make satisfaction to the canons and to the church.
cessation
was directed.
of
they declare the cessation with the omission of these prothe cause which they assigned should prove to be not
canonical, all the revenues which from and during the time of cessation they received from the church in which the cessation existed,
they must restore. Those also which during the same time are due
to them, they may not receive but are bound to give them to the
church; and they are bound, moreover, to make satisfaction to him
But
if
visions or if
whom
against
sustained.
But
We
I
"
forbidden to celebrate
to
on
divinis,
clerics,
which
who
is
an ec-
are thereby
What the old quarrel was about is not clear. From the text of the decree it seems
have been in reference to the privileghtm fori. The decree, of course, applies to
so
secular clerics in
minor orders.
346
censure, and
its
it is
left to
defines
conditions. Ultimately
its
is
not a
it
who
is
also determines
its effects
wrong or
is
and
a
consuetud'me vel
alias, as
injustice
is,
ex privilegio papae or
ex
tione legitima.
collegiate,
reasonable cause.
that cause
The
must be indicated
transmitted to
him
against
document properly
the action was directed. 31
in a public
whom
canon
Summary. Those who hold
must within
a time specified
that
sealed and
18
ammarum
attached,
by the bishops
dignities or churches to
81
Due
Quamvis super
(c. 8,
Vl,
De
in his decree
347
defrauded of the services due to them. In case the dispensation exhibited is doubtful, recourse must be had to the Apostolic
See. In bestowing dignities and other benefices to which the cura
animarum is annexed, let ordinaries use the utmost care and not
presume to confer a dignity or another benefice to which is annexed
a like cura upon anyone already holding several such, until a satisfactory dispensation is shown them in regard to those already obtained. But even if the dispensation is shown, the ordinary may not
then confer another benefice unless the one seeking a new dignity
or benefice with the cura animarum annexed has a dispensation for
resigns those that he already holds. Otherwise
it, or unless he freely
the collation of such dignities and benefices is entirely out of the
benefices
question."
CANON
10
Summary. All advocates in ecclesiastical causes must declare on oath that they will
serve their Clients to the best of their ability, and withdraw from the case when they
leam that the cause which they in good faith undertook to defend is an unjust one.
Procurators must take a similar oath. This oath the advocates and procurators must
renew every year. No advocate may receive for salary more than twenty and no
procurator more than twelve Tours pounds.
It
correct the
'
"Third Lateran Council, canon 13; Fourth Lateran Council, canon 28; Council of
de ref.
4 and Sess. XXIV, c.
34
in the tribunal in
to the
which
case
in
which they are about to undertake the defense or assume the office
of procurator, they must in each case take a similar oath at the beginning of the proceedings. Advocates and procurators who refuse
to take the oath in accordance with the aforesaid provision, are forbidden the exercise of their office as long as their unwillingness
CANON 20
Sttmmory. Absolution from censure obtained by force
so obtain absolution are excommunicated.
is
null
Text Absolution from, or revocation of, the sentence of excommunication, suspension, or interdict, extorted or obtained by force
or fear, we declare by the authority of this constitution null and
void. But that the impudence of violence may not go unpunished,
we decree that those who by force or fear extort such an absolution or revocation, are excommunicated.
CANON
Summary.
does not
do
fill
If
within a
21
month from
benefices in the
Roman
so.
349
we
decree to be so
be filled
modified that they to whom the collation of those dignities and
benefices belongs, the aforesaid decree notwithstanding, may themselves, only after a month from the day that they become vacant,
confer them; or in case of their absence at a great distance, they
may be conferred by the vicars general residing in their dioceses,
to whom this may be canonically entrusted.
pontiff,
present
is
53
were four pontificates, covering a period of only twenty-two years.
there
At any rate,
defeat
this
matter
arose
by
financial motives.
revoke the
ing in the
does not
that
absence
The
fill
they
Clementine decree.
it
this
if
the pope
month from
Gregory
bishops, or in their
in their dioceses. 54
CANON 22
Summary. Prelates are forbidden to surrender the churches or their rights to lavmen without the consent of their chapter and without the permission of the Apostolic
far made without such consent and permission are null. Those
See. All contracts thus
who
act
clerics
otherwise are suspended for three years. Laymen who have compelled
such subjection and do not return what they have acquired, are
to yield to
excommunicated.
"Thomassin,
MGoller, Die
II, lib. I, c.
48, nos. 2
Emnakmen der
and
apost.
9.
Rammer
f.
350
in the
is
uncommon
in order to protect
against
persons
it
they
re-
these posses-
rights.**
M Fourth
Lateran Council, canon 45. Kober, Die Suspension, pp. 331-33. The won!
"avoher" in the Latin text is thus explained by Duranti in his commentary (cf note 1$),
v
"vulgare est Gallicorum; cum enim aliquis opprimebatur ab aliquibus nec
fol. 76
.
351
CANON 23
Summary. Religious orders are not to be multiplied. Mendicant orders founded
smce 1215 and not approved by the pope are abolished; those approved may not
receive any more to profession, or acquire new houses, or preach to outsiders, or hear
these provisions are excommunicated.
their confessions or bury them. Those violating
This constitution does not apply to the Dominicans, Franciscans, Carmelites, and
Augustinians. Members of orders to which this constitution applies may enter approved orders.
to avoid confusion
too great diversity of religious orders. But because not only the troublesome clamor of applicants has by pressure
subsequently elicited their multiplication, but also because the boldness of some of the different orders, particularly the mendicants,
whose foundation has not yet received approval, has brought about
an almost unbridled multitude, we by a renewal of that constitution
absolutely forbid anyone in the future to establish a new order or to
forever prohibit and abolish all
take the habit of a new order.
orders and mendicant orders founded after the said council, which
have not received the confirmation of the Apostolic See. Those
founded after that council and confirmed by the Apostolic See, who
by virtue of their profession, rule, or constitutions are dependent
for their livelihood on the alms of the public, we decree that they
observe the following rule: Those who have already made profession
in them may remain in them if they wish, but these orders may not
henceforth receive any more to profession, nor may they acquire new
houses or other places, or dispose of houses or places that they have
without special permission of the Apostolic See. These things we
reserve to the disposition of the same See, to be used in aid of the
Holy Land, of the poor, or other pious uses through the ordinaries
of the localities or those to whom the same See shall entrust them.
Any violation of these provisions invalidates the acts so performed,
and those guilty shall incur excommunication. Members of these
orders are absolutely forbidden to preach to outsiders, to hear their
confessions, or to bury them. The present constitution, however, we
do not wish to be extended to the Order of Preachers and Friars
Minor, whose eminent usefulness to the universal Church is apparent.
The Order of Carmel and the Hermits of St. Augustine whose foundations antedate the aforesaid council, we permit to continue in suo
for it is our intention to provide for
statu till we ordain otherwise
Te*t.
wisely prohibited a
We
poterat
sdionHn
sibi
bene defendere contra illos, advocabat regem vel principem, ut per eum ab
oppressionibus tueretur et tali autem advocatione rex ille vel princeps dicebat
jus acquiri et
fata oat."
se
esse in re propter
quam
advocatio
352
these as well as for all the rest, even the non-mendicant orders, such
measures as we may deem expedient for the salvation of souls and
for their own welfare. To the members of the orders to which the
present constitution applies, we grant general permission to enter
other approved orders. So, however, that no order as a whole and no
conventual community as a whole may transfer or incorporate itself
and its possessions in another order or convent, unless it has obtained
for this purpose the special permission of the Apostolic See.
this
Its pur-
religious or-
all
ders that had been founded in contravention of the decree (canon 13) of
by
new
orders.
the Apostolic
Many
were
Gregory
died before
them
two
special favor, so
much
so that
when
donee de
permanere.
Gregory
marginal annotator
tells
us that
it
was the
intention of
mendicant orders except the Dominicans and Franciscans, and of the non-mendicant orders to retain only three, namely,
the Cistercians, Benedictines, and the Templars and Hospitallers, which
to abolish
two-he intended to
all
unite.
46
But with all that the bishops had gained so far in the way of elimination
of some orders and restriction of others, they fought for more. Many of
them demanded the complete withdrawal of the privileges of all orders
that
The
Franciscans.
bitter conflict
known
sides
come down
to us,
into
the debates their best equipped forces, but in view of the services that
66 Catalani, Sacr. concilia
Hefele-Leclercq,
oecumenica IV,
VI, 165
11 16.
Mansi,
XXIV,
134.
the
353
two great mendicant orders had rendered and were rendering to the
58
Church, Gregory could not be persuaded to decide against them.
canon 24
Summary. Those who in the matter of procurations act in contravention of the
provisions of Innocent IV, shall be bound to restore double of the amount received.
Text.
that
we do
not con-
tent
Innocent
IV
of
tendants to receive
which
it is
said
procurations in
many
disregard,
visitors
money and
may be
and their
at-
inviolably observed,
we have
dgri fed
Comment. Bishops are obliged to make personally once a year a canoniof their dioceses, or if legally impeded to entrust this duty-
cal visitation
's For
clergy, cf.
com-
ments on
354
those
were notoriously poor, the procuratio cctnonica, that is, the sustenance
necessary for themselves and their attendants in the course of such visitations. Till the end of the thirteenth century this was or was supposed to
have been provided in kind." At the same time they were warned to keep
their demands within the limits of discretion and not to oppress the peo4
ple.* The above mentioned decree of Innocent IV was directed against
abuses, but practically it went no farther than merely prohibiting them,
that
may
its
canon
Summary. The church
observance.65
25
banished.
Text. Holiness belongs to the house of God, in order that His place
in peace may have a peaceful worship
with suitable respect. Therefore, let entrance to the churches be
humble and devout. Let there be in them silent prayer, pleasing to
God, undisturbing to those contemplating, and instructive and refreshing to those meditating. Those assembling there, let them extol
by a show of special reverence that name which is above every name,
than which there is no other under heaven given to men, in which
C. 11,
c.
^Thomassin, Vetus et nova ecclesiae disciplina, HI, lib. II, c. 32 f. Goller, Die Emnabmen d. apost. Rammer imter Joh. XXII. Duranti, fol. 83, says in regard to that
clause in the text: visitationis officio non impenso, "respicit precedentia ac sequenna,
punitur ergo hie, qui procurationes reciph in pecunia vet etiam aliis a locis non viskatis
et haec fuit mens d. papae, prout saepe ao ipso audivi, licet littera ista confuse loquitur."
355
who
saved
from their sins; and what is written, that "in the name of
knee should bow," let all carry out in themselves, especially during the celebration of holy mass, and whensoever that name
comes to mind let them bend the knees of the heart, which reverence
they may manifest by an inclination of the head. Let the sacred
solemnities in the churches be assisted at with attentive hearts and
with minds engaged in devout prayer. Where the divine services
are celebrated with peace and quiet, let no one create disturbance,
excite commotion, or commit violence. Let all deliberations, assemblies, and discussions of societies cease. Let all idle talk and
gossip, and above all foul and profane language, find no place there.
Finally, whatever other things might disturb the divine offices or
offend the eyes of the divine Majesty, let them be banished from the
churches, lest where the forgiveness of sins is to be sought, there
may be given an occasion of Binning, or sin may be actually committed. In the churches and in the cemeteries let business matters
and especially fairs or markets be excluded, and let the noise of
secular tribunals be silent in them. Let no cause and especially no
criminal cause be conducted therein by laymen, nor let trials of lay-
His people
Jesus every
We
Moreover, trials
sentences
Those
the
CANON 26
Smnury. Associations and individuals are forbidden to permit
usury within the limits
all
strangers to practice
three months. Nor shall anyone under whatever title lease them houses for
under penalty of suspension, excommunication, and interdict.
the council
Gregory
Ord.Vrud^
general of
&
XXIV,
134.
356
obstinacy and for a month they despise these censures, their territories shall be placed and remain under interdict so long as usurers
reside therein. If, however, they be laymen, omni privilegio cessante,
let their ordinaries restrain them from such excesses by ecclesiastical
censure.
mentioned
couricll, the
Pope
directs a series
evil.
of penalties
against tnosewho
ec-
naries.
periors
The
is
suspension incurred
ab
this interpretation
is
in line,
ecclesiastical penalties,
The
by
su-
excommunication and
interdict,
on other
offenders.
men who
are
known
is,
when
to be usurers
and who will practice their profession openly and publicly. The
a house or the support given to one who practices usury secretly, a
lease of
circum-
unknown
to those
who
357
sider.
these
were the most oppressive, and secondly, the money that they thus
acquired was
illegally
foreign
first,
because
CANON 27
Summary. Though notorious usurers have made provision for restitution in their
testaments, they shall nevertheless be denied Christian burial until they have actually
made it, at least in the form outlined in this decree. No one may hear their confession
or give them absolution unless they have made full satisfaction. Otherwise those who
?^ve them Christian burial incur the penalties prescribed by the Third Lateran Council
or such offenders.
in their
illegally
till
receive in their
name and
may be
a pledge
and void.68
chants.
was
mer-
358
CANON 28
Summary.
may not be
Though
Text.
saliae), in
reprisals (pignorationes,
is
Comment.
appellator represalia;
treugae (truce),
si
99
Quando
dominum, princeps
alterius dabit
ilia
et fiunt
non
possit
ex repres-
societate sen
patria. Reprisals
centuries,
which
two
reprisals,
and their extension or execution, which peragainst ecclesiastics and their possessions. If reprisals are
pertains to superiors,
tains to inferiors,
granted in a general
way
city.
70
reprisal
else, in-
cur, together with their accomplices and abetters, ipso facto the sentence
of
and lighted candles in the churches of the diocese or the city in which
the crime was committed, on all Sundays and festival days. The synod
further decreed that any city, town, castle, or locality receiving or harbells
synod of
M Du
is
canon 6 renewed
"M, XXV,
533.
ipso facto
this
under
interdict, 71
decree of Lyons. 72
359
CANON 20
Summary. The admonition against intercourse with those excommunicated is
canonical only when it contains the name of the one warned. There must be an
interval of some days between the admonitions, unless necessity dictates otherwise.
tion of
We
CANON 30
Summary. Absolution ad cautelam does not apply to a general
Text
We
interdict.
general interdict
provinces.
CANON
31
Summary. Those who give permission to injure or oppress anyone for imposing
Ae sentence of excommunication, suspension or interdict, incur ipso facto excom-
and those remaining under that censure for two months must obtain
through the Apostolic See.
munication,
absolution
Text Whoever, because the sentence of excommunication, susbeen promulgated against a king, prince,
baron, nobleman, magistrate, or their ministers, or others, should
pension, or Interdict lias
give
so
reason of that
canon
12.
'
360
sentence is incurred by all who dare make use of the aforesaid permission or who on their own initiative do something of the aforesaid
for the commission of which we have forbidden permission to be
given. Those who remain under that sentence for the space of two
months, cannot obtain absolution from it except through the Apostolic See.
was
that
many
bishops sometimes
on those
in authority or of high
of the injuries and oppressions that were often threatened and sometimes
inflicted
on them
as a result of
such action.
The words
of the decree,
were the
who
their courts or
decree.
The words,
CANON
Summary.
Holy Land.
32
the
f.
3 6i
heart
are
crooked.
That the aforesaid things might be the more easily realized, and
the dangers of war and the length of journeys, and incidentally also
the hardships and expenses of the journeys, reduced to a minimum,
we chose the city of Lyons as the most convenient place for the assembling of the council. In our frequent discussions with, its members they have not only manifested a sincere interest but have also
given us valuable advice in matters pertaining to the liberation of the
Holy Land. That we might not seem to impose undue or intolerable
burdens on the shoulders of the people, we and our brethren, the
cardinals of the Holy Roman Church, will pay for six consecutive
years a tenth of all our ecclesiastical revenues in aid of the Holy
Land; and with the approval of the holy council we decree that for
the same period of six consecutive years, beginning with the next
feast of the Nativity of St. John the Baptist, all ecclesiastical persons,
of whatever dignity or pre-eminence, condition, state of religion, or
*
order, all privileges or indulgences in whatever form or expression
to the contrary being hereby absolutely revoked, pay for the same
purpose a tenth of all their ecclesiastical revenues of whatever nature,
one-half to be paid on the feast of the Nativity of our Lord and the
other half on the feast of St. John the Baptist." That due reverence
be paid to God, to his saints, and to the glorious Virgin, whose aid
we invoke in these and other matters, we command that the conthe Pope made the payment of the tithe obligatory upon all without disof rank or dignity, including monasteries of both sexes, less than two months
of the constitution he began to exempt the latter. Potthast,
Regesta, nos. 20905 (Cistercians), 20942 (Templars), 20946 (Knights of St. John),
20948 (enclosed nuns of the Order of St. Augustine), etc.
Though
tinction
after
the publication
362
stitution published by our predecessor, Gregory (IX) of happy memory, against blasphemers be inviolably observed, and that the
authorities
in
whose
territory the
blasphemy
is
We
their alms for the remission of their sins, and in each church a mass
is to be celebrated publicly one day of each week, the day to be an-
who
one of the faithful pay each year one denarius ad valorem Turonensis
vel unius sterlingi according to the custom or circumstances of the
locality, and another moderate amount, without, however, imposing
a burden, for the remission of sins, so that, though not bound to
give, no one may have an excuse or be excluded from the merit of
giving. Moreover, that the above provisions to secure assistance for
the Holy Land may not be jeopardized or frustrated by fraud or
malice or by the clever intrigues of anyone, we excommunicate and
anathematize each and all who knowingly, directly or indirectly,
openly or secretly, impede or defeat the collection of tithes.
Since the corsairs and pirates too vehemently impede (assistance
to the Holy Land) by capturing and robbing those who go there and
L those returning, we excommunicate them and their chief abetters
and protectors, forbidding under threat of anathema that anyone
knowingly hold intercourse with them in any contract of buying and
selling. We moreover command the rulers of cities and other localities to check them and turn them away from this iniquity, otherwise
it is our wish that severe ecclesiastical penalties be imposed by the
prelates on their lands. Moreover, we excommunicate and anathematize those false and ungodly Christians who supply the Saracens, the
enemies of Christ and of the Christian people, with arms and iron
78 C.
2, X, De maledicis, V, 26, in which Gregory IX prescribed against blasphemers
not only ecclesiastical but also pecuniary penalties, which were to be collected if necessary with the aid of the secular power. In the present constitution Gregory X directs
that these fines be set aside and applied to the needs of the Holy Land.
3*3
which they fight against the Christians and wood for the construction of ships; those also who sell them ships and who in the
ships of the Saracens hold the post of pilot, or in any other way give
them aid or advice to the detriment of the Holy Land and we decree
that their possessions be confiscated and they themselves become the
with
announced in
tries
ships
all
may
But since for the success of this undertaking it is above all else
and Christian people maintain peace among
themselves, we decree with the advice of the hol y counciljthat for
six years peace be observed in the whole Christian world, and that
in case of conflict, through the efforts of the prelates the discordant ^
elements be brought together in the fulness of peace, or at least to ^
the strict observance of the truce. Those who refuse to acquiesce in
this are to be compelled by excommunication and interdict, unless '
the malice that inspired their wrongdoing was such that they ought
not to enjoy even such peace. But if by chance they despise ecclesiastical censure, they have every reason to fear lest by the authority
of the Church the secular power will be invoked against them as
disturbers of the affairs of the prfe Crucified.
We, therefore, by the mercy of the omnipotent God, and trusting
in the authority of the Blessed Apostles Peter and Paul, in virtue of
that power of binding and loosing which God has conferred on us,
though unworthy, grant to all who aid in this work personally and
at their own expense, a full remission of their sins which they have
sincerely repented and orally confessed, and promise them when the
77
To
just shall receive their reward an increase of eternal happiness.
those who do not personally go to the Holy Land, but at their own
expense send there a6 many men as their means will permit, and to
those also who go personally but at the expense of others, we grant a
full remission of their sins. Participants of this remission are, moreover, all who in proportion to their means contribute to the aid of
the Holy Land, or in regard to what has been said give suitable ad-
is,
a plenary indulgence.
364
vice and assistance, as well as all who in aid of the cause make
available their ships or who for this purpose undertake to build
ships. Lastly, to all who in a spirit of piety aid in bringing this holy
undertaking to a successful issue, this holy and general council imparts the benefits of its prayers and blessings that they may advance
worthily to salvation.
Comment. The fact that the constitution carries the formula sacro approbate concilio removes all doubt regarding its conciliar origin. It is
rather a collection of constitutions or decrees dealing with matters per-
some of which are here pubmost of them are taken verbatim from similar
constitutions issued
by Innocent IV
have
it is
by Innocent
III in
The
it
we now
came from the
constitution as
originally
nocent
III
constitution
is
indicated
by
it
is
was
In-
a letter of
pres-
ent constitution. 18
"Finke,
pp. 14 .
[<^iV
till'
'
/L,
T1
V uyd
(1311-12)
Council of Vienne
History.
The
first
this
coun-
was no doubt the matter of the Order of Knights Templars, which the
unscrupulous Philip the Fair of France had been urging on Pope Clement
cil
for
as the first
year of
King
him the suppression of this ecclesiastical order. The suggesa demand which, however, until October 12, 1307, was
became
soon
tion
What was constantly and with cruel
kept more or less in the background.
persistence kept in the foreground was his demand for the convocation of
suggested to
condemn his memory. Yet Philip was too shrewd to be ignorant of the
council would or could be compelled to accede to
fact that no general
such
demands.
nihilation
ent
Why
Pope
render the
pliable,
more
To
conduct
move
in the
won had
sincere in his
its
on more
was a master
it
later
by
before the
Templars
resigning
choice either
to bring
it
it
difference in
of the
The
its
temple was the center of the world's money market. Philip was in
the fact that for a long time he had been
financial straits, notwithstanding
Paris
Church in France. Moreover, the order was a powerfully inEuropean politics, inconsistent, therefore, with his aim
universal French monarchy. Clement was weak and vacillating in
robbing the
fluential
of a
factor in
365
366
character, subservient to
French
interests,
in
Philip
was not slow to utilize, particularly by demanding from him more and
more insistently the dissolution of the Order of Knights Templars and a
canonical process for the condemnation of the
memory
of Boniface
VIII.
would have insisted on, had not the rich prey of the temple
been thrown to them," Clement gave way to the former.
ness of Philip
The question of a general council was agreed on by the Pope and the
King at Poitiers in July, 1 308. Accordingly, by the bull Regnans in coelis
of August 12, 1308, Clement called the council to assemble on October i,
1
3 10, at
Vienne,
at that
time nominally
German
territory but in
reality
sent
to the kings of Christian countries. Letters were sent also to the patriarchs
ecclesiastical
provinces, to the
commanding them
to be
in
Vienne
at the
were requested to
leagues
who
prelates, also
were asked to bring to the council in writing suggestions and recommendations concerning points of discipline that needed
reform. Members of the Order of Templars were invited to attend to
seculars of rank,
defend
other chief
officials
were to appear
1 Foumicr, Le royaume
Aries et de Vienne ntf-i?fi (Paris, 1891), pp. 409 ff.;
Kern, Die Anfange d. franzosischen Ausdebnungspolitik bis 1308 (Tubingen, 1910),
p. 264.
concilium
et personae singulares et
ouam
COUNCIL OF VIENNE
367
threatened with severe penalties all prelates who, without just cause or for
the purpose of escaping the hardships of the journey, should absent them8
selves.
On
Alma mater
ecclesiae,
by which he postponed the council till October 1, 131 1, owing to the fact
that the judicial investigation of the Templars could not be completed in
time.
The
In the
bull
ecclesia
major
in
Avignon.
Avignon for Vienne, where on October 16, after the customary threeby all who took part in the council, with great solemnity he
left
day fast
opened the
first
more recent
official acts
of the council
made by
discoveries
with the third part of the council's program, reform and the
preservation of ecclesiastical liberty, and in this respect unfold to us one
deal largely
side
possible
sions.
for us to
The
form for
ourselves. 7
severe penalties,
possible
eount of the
4 patriarchs, 39 archbishops, 79
and 38 abbots. To this number must be added, of course, prelates
inferior rank and procurators of absent prelates and of cathedral and
bishops,
of
follacium
368
conventual chapters.
above that
figure.
them
in France,
was
inspired solely
by the greed
di-
of Philip
the Fair, hence they did not care to take part in the condemnation of the
order. Moreover,
servile subserviency to
spicuously absent.
Some
of
representatives.
One
of the best represented kingdoms was Aragon, the reports of whose ambassadors,
oP
in-
of the
council.
choosing for
all his
10
In this sermon, the Pope dealt with the threefold purpose of the
council and in particular set before the assembly the various stages of the
wills."
process against the Templars and the results of the judicial examinations.
The bulk
of the council's
work
hensive consideration.
It is
was introduced by this council. In all earlier general councils all discussions and deliberations were conducted before or in the presence of the
entire assembly.
Of
among
ses-
all
the
the sessions.
division
9 MUller,
pp. 73-83, has published a list of the patriarchs, archbishops, bishops, and
abbots who attended.
10 "In consilio justorum et congregatione magna opera domini exquisita in
omnes
voluntates ejus." The omission of the period after congregatione, as we have it in the
original, was no doubt made intentionally by the Pope to adapt the text to the situation. The sermon has not come down to us.
COUNCIL OF VIENNE
369
papal bull,
was after
all
firmation
by the
official
bined commissions.
11
made up of
by
all
the
com-
hierarch ical.
majority of the
of the
to
less
insistence of the
order,
Pope was
the
former, he
dissolution, is
bull
Vox
modvm
provi-
in excelso y decreeing
its
'
dated
formal session.
Templars the
March
The
22, 1312,
Pope reserved to
himself. 12
Holy Land,
clesiastical tithes,
secular
third
tithe
rulers,
ises
upon all churchfs throughout Christendom, and prommade by some rulers to undertake the crusade at the time
ls
nothing ever came of it.
had been
appointed,
The
almost six
"That
sources to
throw
light
Pope to
of a secret discussion, is
face
had
won
Cf
more
likely.
On
we may
safely assume
and passim.
let
Boni-
37<>
clesiastical liberty,
council.
One
the
itself,
connoting a situation that called for immediate consideration and adjustment, was that bitter and longstanding controversy regarding the vow of
poverty within the Order of Friars Minor. For the settlement of the quarrel the Pope issued two constitutions, one of which consists of dogmatic
decisions and the other
is
rule of
the order. There can be no question but that, after mature deliberation and
1
how many
the'de-
fiberations of the c ouncil. Altogether there are in the five books ofthe
comes~to usTrom the fact that they contain the formula: sacro approbate
concilio. 1 *
witlvthearjproval
membenPoT the
c ouncil (that
is,
those
also to
14 It
these he
has been said that the chief reason for the convocation of this council was disand hence the council is characterized as a reform council. This is
ciplinary reform,
However much reform was needed, and however much the Pope desired
it, it was not the Chief reason that moved him to convoke it. Moreover, Vienne cannot
be called a reform council in the sense in which that term is predicated of Constance,
Basle, and especially of Trent. Disciplinary reform had been part of the program of all
general councils from I Nicaea to Vienne. It was one of the chief reasons that moved
Innocent III to convoke the Fourth Latcran Council, which, though it issued sixtyseven reform decrees, has never been classed as a reform council.
16 Hefele (VI,
665) by an oversight attributed to this council only nineteen decrees
that contain the formula sacro approbante concilio, omitting canon 2, De cens., Ill, 13,
which I have added to the following list as no. 20. This formula is, of course, not used
in all conciliar decrees, even of the earlier general councils, which the popes issued
with the approval or concurrence of the council. Thus, of the twenty-eight decrees
issued by Gregory X with the concurrence of the Second Council of Lyons, (not
counting no. 2), only one contains the formula. The eighteen decrees of the First Council of Lyons have it only five times, and in the list of seventy decrees issued by Innocent III with the approval of the Fourth Lateran Council, it is used only nine times.
erroneous.
16
counchAof vienne
371
decrees the
Pope
choose a commission.
they had been transmitted to the universities for judicial and aca-
until
who
in
it
in
was Clement's
publish all the decrees issued by the council and those also
by him before and after the council as the Liber Septimus, as
Boniface VIII had published the Liber sextus. However, owing to the
unfinished condition of many, they were left in suspenso till their comple-
intention to
issued
tion
18
John XXII expresses himself in a
was delayed nearly two years.
he
says
that
his
predecessor Clement
when
had intended
similar manner
tion
to publish in
is-
sued in
also
purpose that
consistory at
that the
Clementines
till
25, 13 17),
universities
juridi-
cal value.
it is
an extremely
difficult
an d
in
some
c ases
very probable that they underwent further changes under the di-
rection of
tempted to con|ectuie
they happened to
less
be
jurists,
decree or
ill
'j
improbable.
Baluzius,
Vitae PaParum
i*Ehrle, Arcbiv,
IV, 456
Bull of transmission
f .;
Quoniam
73.
372
the Clementines,
is
all titles,
V in concilio
we
all
of
Viennensi,
title
latter, a procedure
equivalent, indicating
its
they were issued by the Pope not with the concurrence of the
but with the advice of the cardinals either before or after the
Besides the twenty conciliar decrees referred to above, there
)
St.
It is
that
council,
council.
is
it
one more
does not
Exivi
22
These twenty-one decrees
the disputes within his order.
we
shall deal
with
first,
CANON
Summary. The council
eternally in the essence of
in
it
God, took
a true
Son of God,
lance. It
subsisting
condemns the
substance of the rational or intellectual soul is not vere et per se the form of the human
body. Asserting that we must confess one baptism as we confess one God and one
faith, it approves the opinion that in baptism the virtues and the gratia informant
are infused in children
and adults
alike.
.,
COUNCIL OF V1ENNE
373
with holy mother the Church, that the only begotten Son of
God, subsisting eternally together with the Father in all those
things in which God the Father exists, assumed in time in the womb
of a virgin ad unitatem suae hypostasis et personae, the parts of our
nature at the same time united (from which He in Himself true God
became true man), namely, the human passible body and the intellectual or rational soul vere per se et essentialiter informing the
body. And that in this assumed nature the Word of God wished for
the salvation of all not only to be nailed to the cross and to die on
it, but also, having already breathed forth His spirit, suffered His
side to be pierced by a lance, that from the water and blood issuing
therefrom, there might be formed the one, immaculate, and holy
mother Church, the spouse of Christ, as from the side of the first
man while asleep Eve was formed in wedlock to him, that thus to the
figure of the first and old Adam, who according to the Apostle is a
20
in nostro novissimo Adam, id est
figure of him who was to come,
26
fortified by
Christo, Veritas responderet. This, I say, is the truth,
the testimony of that huge eagle which the prophet Ezechiel saw
flying over the other animals and the testimony of St. John, the
Apostle and Evangelist, who narrating the fact and order of this
union (sacramentum) says in his Gospel "But after they were come
to Jesus, when they saw that He was already dead, they did not
break His legs. But one of the soldiers with a spear opened His side,
and immediately there came forth blood and water. And he that saw
it, hath given testimony and his testimony is true, and he knoweth
27
We, therethat he speaketh the truth, that you also may believe."
fore, turning our Apostolic attention to such clear testimony and to
the common teaching of the holy fathers and doctors, with the approval of the holy council declare that the aforesaid Apostle and
Evangelist St. John spoke the truth when he stated that one of the
soldiers with a spear opened the side of Christ after He was already
confess
dead.
Moreover, we condemn with the approval of the same holy counevery doctrine or exposition rashly asserting or expressing doubt
that the substance of the rational or intellectual soul is not vere ac
cil
per se the
truth of
per se et essentialiter
as
human body,
a heretic.
w Rom.
" In all
"See
5:14.
of these decrees
19:
33-35*
it is
is
speaking.
is to
be regarded
374
From the fact that all must faithfully confess that a single baptism, as one God and one faith, 28 administered in water in the name
of the Father, and of the Son, and of the Holy Ghost, regenerates all
those baptized in Christ, we believe that it is a perfect remedy unto
salvation for adults as well as for infants. But while some theologians are found to have contrary opinions regarding the effect of
baptism in infants, some of them saying that by baptism sin is indeed remitted in infants but grace is not infused, while others
maintain that in them by baptism both sin is remitted and the virtues and the gratia inforrnans infused quoad habitum though for the
time not quoad usum, we, considering the general efficacy of the
death of Christ (which by baptism is applied equally to all baptized), with the approval of the holy council choose the second
opinion (which says that in baptism the virtues and the gratia informans are infused in children and adults alike) as the more probable one and more in accord with the teachings of the saints and of
the modern doctors of theology. 29
it
was pierced by a
manner
in
moment our
which the
soul
movement it
Francis made no
is
infants.
provision for
membership and by
To
Lord's body
united to the
30
or reform tendency within his order became manifest.
this
is
life
its
understand
Rule of
1223
to
flexibility
and academic
circles
and by the fratres scientiati, who, to meet the needs of the times, began
in some measure to relax its rigors. These relaxations gave rise to a faction
within the order that insisted without compromise on the observance
of the Rule in
its
28 Ephesians,
4:5.
* Denzinger, Enchiridion, nos, 480-83.
w A similar movement, though less pronounced, existed at the end of the thirteenth
and the beginning of the fourteenth century in the Dominican Order. It originated h
the Roman province, which comprised, besides Rome itself, the Marches, Umbria, and
Tuscany, and aimed at a return to the primitive simplicity. At the general chapter of
the order held at Florence in 132 1 the question was definitively sealed. Masetti, Mommenta et antiquitates veteris disciplinae Ord. Praed. } I (Romae, 1864), 277 f.; Reichert,
Monumenta Ord.
Praed. Hist.y
IV (Romae,
1899), 137
f.;
Ehrle, Archiv,
III,
611
f.
COUNCIL OF VIENNE
375
was the root of the long and unfortunate controversy that affected
31
It
even imperial politics and eventually was to rend the order asunder.
had its origin in two conflicting conceptions of poverty as a means to
This
The
evangelical perfection.
traditional
by poverty was
imposed
ship
the individual,
given to
this:
view
tion
so that the
cially
by the majority but vigorously opposed by the minority. All agreed that
the altissima pctupertas demanded from the order and from each member
an unconditional
question,
the other
member
On
was
it
divided.
The community, that is, the majority, maintained that the usus pauper
doe?n6t1>elong to the substance of evangelical poverty. An immoderate
U9e of earthly
poverty,
though
imposed
this
commonly known
as
Spirituals.
that
matter
8
without form.*
about the
chapter of
end with
with fierce
and
community fought
to have
from
May
Barcelona called
Bullarium Franciscanwn, V, 93, n. 212.
2 An excellent and detailed biography of this remarkable and long-forgotten man
and scholar was written by Ehrle, "Petrus Johannis Olivi, sein Leben u. seine Schriften,"
also Jansen, "Petrus Joh. Olivi. Ein verschollener Denkcr," in
ki ArclriVy III, 409-552. Cf.
Wege der weltweisheit (Freiburg, 1924), pp. 125-44; Ren^ de Nantes, Histoire del
Frangois (Paris, 1009), pp. 267-342.
Saint
de
VOrdre
dans
Spkituels
as*
sicut forma se habet ad materiam, sic usus pauper se habet ad abdicationem
omnis juris. Unde sicut materia sine forma est informis et confusa, instabilis, fluxibilis
sic abdicatio omnis juris sine paupere usu se habet."
ct vacua seu vana et infructuosa,
11
it
The Pope
in a letter,
Ehrle,
376
readily lent
Franciscan
itself.
struggle
in
matter and
1 309 placed the whole controversy before the curia in Avignon for
examination, whence it passed over into the hands of the council. On
in
March
131
1,
1,
the
community
pierced while
He was
alive; (2)
still
Pope and
all
the
divided
is
in
the three Persons; (3) matrimony is not a sacrament in the sense in which
that term is understood of the other sacraments of the New Testament;
(4) children in baptism
tal
virtues
and the
gratia infornwis;
not per se the form of the body; (6) the sacramencharacter has no more effect on the soul than the consecration has on a
is
church; (7) the usus pauper belongs to the substance of evangelical perfection; (8) the burial of a layman in a cemetery of religious cannot be
regarded
as
July 4 of the same year the Pope appointed a commission to examine the
works of Olivi with regard to the alleged errors. On May 5, 13 12, he invited the cardinals, the representatives of both parties, and the examin-
last session
The
decision
of the council.
was announced
Wedged
between
in
the
the
demands of the community and those of the reform party, Clement again
chose the via media by giving to the former the present dogmatic constitution Fidei catholicae fundamento, and to the latter the constitution
Exivi de paradiso.
The
Son of God
eternal
existing in the
human
de-
as the
His incarnation assumed a human passible body and a rational soul per se
et essentialiter informing the body. In conclusion it restates the teaching
of St. John concerning the
moment our
lance. It does not appear that Olivi denied the doctrine of St.
point.
He
did,
John (and
this
however,
it
seems, in his
was admitted by
commentary on
John on
that
the Gospel of St
The document
des Freres
Mmews
au
XlU e
work
509-^9;
M Cf
II,
.
of
zum
history of the
canon
For the
in
Arcbw
I,
COUNCIL OF VIENNE
lance whilst
is
much
From
body.
the"
decree
not as clear as
is
ent. It
to
was
we
is
discussed decree in
is
precisely
it,
was
it
on
his part to
keep
what
owing, perhaps, to
to discover
human
condemned,
which the
377
who
have attempted
this
decree
forms but
modus
did
between the soul and the body, and that the council in this decree
not condemn the plurality of forms but merely defined the nature of
the
87
Palmieri in his rejoinder, 38 using
union of the soul with the body.
the
same sources that Zigliara had used, insisted on the accuracy of his
unionis
89
Jansen,
S.J.,
who
for
many
years has
been engaged in the study of Olivi's works, states his teaching thus: The
soul consists of spiritual matter and three forms, the intellectual, sensitive,
and vegetative,
which by
a physical
or mechanical one.
teaching
Briefly, it
distinction
former
is
The
body.
It is
may be
is
forms
not an
separation of
anima
is
at all.
42
between the former and the pars sensitiva, maintaining that the
form of the body not per se but per partem sensitivam, not
the
De msnte
concilii Viennensis,
Romae,
1878.
89
ff.
378
condemned.
It
is
the error
logical distinction
a like distinction
car-
informantem; (b) substantia aniniae rationalis seu intellectiva vere ac per se humani corporis forma; (c) anrma
rationalis seu intellectiva sit forma corporis humani per se et essentialiter.
se et essentialiter
itself
'
evident
is
sisse
it
What
the
declares to be
universally true concerning the union of the rational soul with the body
man.
If
is
not per se
et essentialiter
in
body, then Christ did not assume the complete human nature. Moreover,
the error destroys the unity of
man by
It
With
to see
d.
321
last
it is difficult
point,
Konzil
"La
regard to the
the
Cf
44
is
v.
definition
ff.;
du
uf
in Scbolastik,
u. ihre Vorgeschichte
(1930), 489 ftv, Debievre,
concile de Vienne," in Recherches de science religieuse, HI (1912),
Vienne
Ehrle, Arcbiv,
III,
458
ff.;
Jansen, "Quacstiones in
secundum librum
Senten-
tiarum" in Bibliotheca Vranciscana Scholastica med. aevi, IV, Quaracchi, 1922 ff.;
Koch, "Der Sentenzenkommentar d. Petrus Joh. Olivi," in Recherches de thiol,
ancienne et medievale, II (1930), 290 ff.; Jansen, "Die handschriftliche t)berlieferung d.
speculativen Schriften Olivis," in Phil. Jahrbuch, XXXI (1918), 141
352 ff .; Diet, de theol. catholique, sub "forme du corp humaine."
ff.;
Muller, pp.
This portion of the decree played a prominent part in the Giintherian controversies
of the last century. Cf Hefele-Leclercq, VI, 670 f and art. "Giinther, Anton" in Cath.
.
Encyclopedia.
COUNCIL OF VIENNE
question
for the
himself
in
the matter.
till
in their
The
Text.
face
Friar Preachers
churches and in
the deceased
preach. In parochial
vited.
defined,
45
CANON
Summary.
379
preach or hear confessions unless incemeteries all who shall freely choose
and of
more to
all gifts
was a member.
The following decretal published by our predecessor, Boniwas by decree revoked by our predecessor, Benedict XI.
VIII,
Since,
memory hereof.
"Having been elevated by the favor of divine clemency to the
chair of pastoral pre-eminence, and burdened though we are with
many and arduous affairs that everywhere rush like a torrent onto
the Roman curia, and overwhelmed with innumerable cares and distracted by many considerations, nevertheless, for this we earnestly
and readily disengage ourselves and to it devote ourselves with untiring solicitude, that for the glory of the divine name, for the exaltation of the Catholic faith, and for the advancement of faithful
souls, peace may live, charity reign, harmony prevail, and unanimity
of mind endure between the bishops charged with the care and government of the flock of the Lord, and other persons included in the
ordo clerk alis. For we know and from the evidence of facts we
gather that only in time of peace is due worship given to the Author
of peace. Nor are we ignorant that dissensions and scandals prepare
the way for evil actions, stir up rancor and hatreds, and furnish occasions for forbidden morals. For a long time past there has existed between the bishops and the parochial clergy throughout the
different provinces of the world on the one hand, and the Friar
Preachers and the Friars Minor on the other, a grave and dangerous
quarrel in the matter of preaching, of hearing confessions and of
burying the dead who choose to be buried in the churches or the
Peter Lombard speaks
to a
in
of the
a brief to
two
dist. 4, c. 7)
So
De
also does
baptismo,
III,
42).
380
to choose able and competent persons, of approved character, discreet, virtuous, and skilled, whom they shall present or have presented to the bishops, that with their permission and good will they
may
COUNCIL OF VIENNE
381
friars
stituted
administration of the
preach
Ord. ?raed n
II,
382
clergy may not demand anything, neither are the friars bound to give
more, nor can they be compelled to do so by anyone. All privileges,
favors, and immunities, verbal or written in any form, expression,
or conception of words, granted by us or by our predecessors, the
Roman pontiffs, to the aforesaid orders, as well as all customs, agreements, and decisions in so far as they militate against the foregoing
provisions or against any one of them, we revoke and declare ab
solutely null and void.
"We pray, exhort, and strictly
command
Comment.
To
two mendicant
burials,
in
all
18,
which he adjusted
in the matters
and revoked
1300)
the
Benedict XI,
effect
was
result,
it
of preaching, hearing
February
far as
it
pro-
his successor,
17, 1304.
48
The
While
confes-
this
relations
the
orders, Domini-
Three
it
permanent settlement of
that the provisions of the Super cctthedram were too
the
constitution,
C.i, Extravag.
comm., V,
7. Bull.
Ord. Praed.
II,
88.
etc,
COUNCIL OF VIENNE
for
would be unable
they insisted on
restoration in
ever,
its
him to do but
383
howwould be
to maintain themselves.
its
So
it
If,
remained
unchanged
The opposition of the bishops and parochial clergy to the two mendiwas at that time already an old one. 80 It was particularly viruof Paris and throughout France. At the University
University
lent at the
cant orders
of
Oxford
we find
other countries.
jurisdiction
"Et
it
At an
from the
fllam "Super
diversis
altca
vicibus in
quam
eadem
dicatur in
renovabit." Ehrle,
tercia sessione,
ilia
Archw, V,
580*
"When
A similar
arrogance was encountered by the two orforbidden to reserve the Eucharist in their chapels
and churches, to have church bells and cemeteries of their own. On Sundays they were
to attend mass in the parish church. The pastor was to determine the hour of mass and
the number of candles to be used, etc. Some claimed the right to be present at the
chapter to appoint the superior of the house or at least to confirm the one elected. They
claimed a right to the offerings of the faithful at the masses and to the books donated
to diem. Often permission for a foundation was only then granted when the friars
agreed to submit to such demands, with the right on the part of the parish clergy to
withdraw the grant should the agreement be violated. For outstanding instances of this
pp. 44-54.
other localities.
They were
Rom. Quartaiscbrift, IX (1895), 395 ff.; Sutter, DominikanerkldsGebiete d. beut. Scbweiz im 13. Jabrb. (Miinchen, 1893), pp. 30 f.; Sdralek,
Strasiburger Didcesansynoden (Freiburg, 1894), pp. zof.; Mabillon, Vetera analecta
(Paris, 1713)* P- 4 84- Among the twenty-seven charges of oppression brought by Gregory DC against prelates and others in his two bulls Nhnis tniqua and Nimis prava (cf.
may be mentioned the following: (1) they demand that the friars confess to
them and receive communion from them in the parish church like the ordinary faiththe friars to have the funeral rites for deceased members celeful; (2) they compel
note 57),
deceastd
from their superiors; (7) they excommunicate their benefactors; (8) they
demand from the friars a share of the fruits of their gardens and tax their convents as
though they were the dwellings of Jews. "Non desunt plerique tarn ecclesiarum praelati
quam alii, qui, caeca cupiditate seducta, propriae aviditati subtrahi reputantes quicquid
obedience
praedictis
Pope's bitter
rcprool.
is
the
384
who
bury
in their
their
is,
tradi-
Church, according to which every species of parochial activity taken out of the hands of the parochial clergy was an
temporal
Rule of
rights.
St.
01
It is true,
Francis
first
and foremost
forbade the
friars to
228
52
in their
and
the
the permission and consent of the bishop thereof. These provisions, however,
ill
of
this greatest
against those
who
them with
other hand, that the friars in their zeal at times overstepped their bounds
and abused their privileges, cannot be denied. This is particularly true in
the matter of burials and their eagerness to
assist in
who had
drawing up
been blessed
wills
with
The clergy complained: (1) that the friars lure and admit to their
churches for divine services on Sundays and holydays faithful of other
parishes who, therefore, do not on those days attend services in their own
81 These papal privileges were not the product of the thirteenth century. They
were
rather the organic development of legal concessions made in favor of religious communities of the eleventh and twelfth centuries, monks and canons regular who exercised the parochial ministry as individuals and not as societies. It was these privileges
and particularly the privilege of exemption that were at the bottom of the controversy
between the two orders of clergy. Miiller, pp. 491 f. On the subject of privileges and
exemptions, cf. Schreiber, Kurie und Kloster rm 12. JaJirh., Stuttgart, 1910; id., "Studien
zur Exemtionsgeschichte der Zisterzienser," in Zeitscbr. d. Savigvystiftung f. Rechtsgeschicbte, XXXV, kan. Abt. IV, 74-1 16; Bierbaum, Bettelorden u. Weltgeistlichkeit
an d. Universitat Paris, Munster, 1920; Breitschopf, "De regularium cxemtionc," in
Studien u. Mitteilungen aus dem Benediktiner- u. Zisterzienser orden, XXI (1900), 78 f.;
Mathis, Die Privilegien d. Franziskanerordens bis zum Konzil von Vienne, Paderbom,
e
1928; Dobiache-Rojdesvensky, La vie paroissiale en France au XIII siecle, Paris, 191 1.
82 Denifle, Archiv, I, 214.
83
Regula
bullata, cap. 9.
Testamentum, cap.
3.
COUNCIL OF VIENNE
churches as they are bound to do;
parish
84
385
on the day
preach, thus not only showing disre(2) they preach
and at the
prelates
have fewer
than they; (3) they preach on Sundays and holy days in their
churches and in public places at an hour when the people should be in
listeners
own
their
the offerings
they
visit,
and
draw up testaments or
ters
to the
wills,
who
are
ill
and
in
danger of death
detriment of the clergy; (6) they not only permit but often
own cemeteries of parishioners not belonging to
people
as the
law
own
their
places of worship;
(8)
of the bishops
sion
at the
with
him
w These and
general council.
IV
requires; (7)
56
General Council of Lyons (1245).
is
the council
indicated
(September
by
What
two months
Gregory IX
two
bulls
Nimis miqaa
continuance.
67
were made at the Second CounLyons (1274). Gregory X, however, decided to leave the matter
58
hands of the general of each order.
of
in the
In
its
conflict
"This stand of the clergy was in accordance with the earlier, and in some localities
with the contemporary, discipline of the Church, by which the faithful were bound
to attend at least one mass on Sundays and holy days in their own parish church. The
discipline found expression in a decree of the Synod of Nantes (7th cent.), cc. 4, 5,
C. 1a, q.a. With the privileges granted to religious orders, especially the Dominicans
and Franciscans, the obligation fell into desuetude. In the sixteenth and seventeenth
centuries we find it among certain provincial and diocesan regulations, particularly in
Germany (c.2, Extravag. comm., 1, 9), but even here the obligation had ceased to exist.
w Fourth Lateran Council, canon 21. Denzinger, no. 437. For the complaints, cf.
also
Denifle,
Super cathedram
I,
V,
31.
For the
Ord.
no. 100.
288 note. Reichert, Litterae Encyclicae Magtstrorum Generdium (Romae, 1900), pp. 96-100.
"Denifle, Cbartul^
I,
3 86
needed
which
allies,
it
who had
now, for some reason not yet sufficiently explained, changed his attitude
toward them and on November 21, 1254, two weeks before his death, issued the bull Etsi anrmarum, by which he withdrew their privileges in regard to preaching, hearing of confessions, and burial rights. 60 One of the
first official acts of his successor, Alexander IV, was to revoke it and restore to the friars their privileges
by
the bull
Nec bisoWtum
est
(Decem-
ber 22, 1254).61 At the end of their struggle with the University of Paris,
the friars found themselves stronger than ever. 62 Supported by papal approval, they could
now
(December
13,
128-1),
Martin
IV extended
Ad
parochial
fructus uteres
reserved to the heads of the orders only, of sending out preachers and
confessors and strictly forbade anyone to interfere with or hinder the work
of the
friars.
63
The
result
was
64
bishops and clergy, especially in France. This
with again
settled
in the Fifth
till
definitively
Text. That those who profess poverty in any order may the more
willingly strive to persevere in the vocation in which they have
M Seppelt,
"Der Kampf
d. Bettelorden
an
d.
Universitat Paris
seit d.
VI
Mitte
d. 13.
(1908), 75-159;
who
cf Paulus, Welt- u. Ordensklerus beim Ausgange d. 1 5. Jabrb. rm Kampje urn d. PfmRechte, Essen-Ruhr, 1900.
64 Finke, Rom. Quartalscbr^ IX
(1895), 171-82; Hitzfeld, "Krise in den Bettelorden
im Pontifikat Bonifaz VIH " in Hist. Jahrbuch d. Gbrres-Gesdlschajt, XLVIII (1928),
1-30; Hefele-Leclercq, VI, Appendix II, 1472.
.
COUNCIL OF VTENNE
387
been called,
cree,
prior or
8
proved orders.*
CANON 4
Summary. Bishops must each year make a visitation of all monasteries of nuns
in their diocese; those exempt and subject only to the Apostolic Sec, to be visited
by the authority of that see; those not exempt, by their own authority, and others
that are exempt to be visited by those to whom they are subject.
Considering that where discipline is despised religion bewe deem it imperative to make some provision,
lest through such contempt on the part of those who espouse themselves to God by vow, something inconsistent be found that may
place a stain on the regular life and justly offend the divine Majesty.
Wherefore, with the approval of the holy council, we decree that
bSKops musf each year make a visitation of all monasteries of nuns
ihlhelr dioeese those exempt and subject only to the Apostolic See,
to be visited by the authority of that see those not exempt, by their
own authority, and others that are exempt, by those to whom they
Text.
comes shipwrecked,
are subject.
(some of
do not wear silk garments, sandals, long and braided hair, and
they do not attend dances and the banquets of seculars.; do not during the day or night go through villages
and public places or otherwise lead a luxurious life. They shall diligently remove them from the evil ways and allurements of the world
and exhort them to the cultivation of the virtues in their monaster-
this)
On the
last
88
ies.
We
We
tations, to be content
canon
Summary. Women, commonly known
among
66 As there were canons regular and secular, so were there also canonesses regular
and secular. Cf. the decree of Boniface VIII, c.43, 5, VI, De elect., I, 6. Also art.
"Canons and canonesses regular" in Cath. Encyclopedia.
87 This decree concerns itself with the female branch of the Order of St. Benedict,
<;
as the decree
Ne
in
COUNCIL OF VIENNE
389
canon 6
The
known
sect
as
Text, Cherishing the desire that the Catholic faith should prosper
it
390
final beatitude
that he
will
when
punishment.
and Beghards. Owing to the widespread religious revival, the female convents of the Benedictine order and the canonesses could not, since the beginning of the thirteenth century, meet the desires of religiously inclined
women, chiefly because they were open only to the daughters of the aristocrat and also because in proportion as they became charitable institutions religious observance declined, and hence ceased to be the choice of persons
religious fervor.
The
monstratensians and Cistercians. But these soon found that they had on
their hands more monasteries for women than they could care for. The
former
that
in a general
III in
198,
while the
decision
COUNCIL OF VIENNE
chapter of 1228 forbade the construction of
women.*9
Under
391
women, virgins and widows, finding themselves shut out from all regular
religious life, formed semi-monastic institutions of their own. Their earliest
foundations
devoted
selves
branch
and,
jority
termed worn-out
surprising that
tendencies of the
provincial
ican,
synods, especially in
The sentence of
women
the life
ries
that the
Domin-
Master Eckhart, was in contact with them and even indorsed certain
ted
heretical
and
Gement
whom
against
live after
to molest
by Father
Denifle.
again to adopt
thenL n
CANON
Text
It
leper-houses,
J)ie
Tubingen, 1910.
n Archival,
616 ff.
C. un., Extravag.
comm., Ill, 9.For the more recent literature: Greven, Die Anfange
*Der Ursprung d. Beginenwesens," in Hist. Jahrbuch,
XXXV (1914), 26-58, 291-318; Endres, Hist.-polit. Blatter, 1915, II, 19-28; Asen, "Die
Beginen in Koln," in Armal. d. Hist. Verems v. Niederrhein, CXI (1927), 81-180; CXII
(1928), 71-148; CXII! (1928), 13-96; Diet, de theologie cath.
392
home
COUNCIL OF VIENNE
393
hostelries (hospitalia)
or altars
to
canon
Summary.
If
That the constitution 72 be observed which forbids that anyad exemptorum praesentationem be admitted to some
church, custom to the contrary notwithstanding, unless a portion of
the revenues of that church has been assigned to him in the presence
of the ordinary, wherewith he may be able to meet his obligations
to the ordinary and also have a suitable means of livelihood for
himself, we, with the approval of the holy council, take occasion to
explain it and to add a few considerations. Ordinaries are strictly
forbidden to accept anyone presented by any ecclesiastical person
Text.
one etiam
their
of the
way)
and the authority of assigning such a pordevolve upon them in poenam praesentantium. We com-
tion shall
VI0 De
,
praeb., Ill, 4.
394
canon 9
Summary,
If rectors,
whose duty
it is
their
superiors ought to be concerned that the canonical hours are chanted with devotion
in cathedral, regular, and collegiate churches and that in other churches the ofjicim
diurnum
et
We
COUNCIL OF VIENNE
395
CANON
Summary. Clerics
say the
same divine
who
are
members
it
that
10
may
office as they.
religious as
cardinal of
the
of a bishop in communion
the privilege of saying validly the same
said by the cardinal and the bishop, nor are
canon
Hwnmary. Directs that schools be established in the Roman curia, at Paris, Oxford,
Bologna, and Salamanca, where Catholic magistri shall teach the Hebrew, Greek,
Arabic, and Chaldaic languages, and gives ways and methods for the support of these
instructors.
Text.
Among
the cares that weigh heavily upon us, not the least
our solicitude to lead the erring into the way of truth and with
the help of God to win them for Him. This is what we ardently de-
is
sire,
it
"The Second Council of Lyons dealt with same subject in canon 25.
The reason for this privilege was the circumstance that the form and
daily office
orders,
of the Breviary
possible, task.
common
a difficult,
and
text of the
and
religious
at times
an im-
396
and by holy baptism form them into a body of Christians. Therefore, that a knowledge of these languages may be easily obtained,
we, with the approval of the holy council, direct that for the teaching of the languages named below, schools be established wherever
the
Roman
curia
may happen
to reside
75
Universi-
ties of Paris,
least,
Raymond
ca.
Lully (d.
who,
attributed,
this line of
Mohammedan
many
zeal
years ad-
own ground
nature.
works of an
apologetic
de
Bosco), French
jurist
75
residcre contigerit,"
cf.
II,
1). Positive
25, 1326, in
proof to
this effect
wc
have
in a letter of
language (Denifle, /. c, no. 857). The Council of Basle also, renewing in its nineteenth
session (September 7, 1434) this decree of Vienne, speaks of the lingua graeca.
77
Altancr,
"Raymundus
1 1
d. Konzils v. Vienne,"
in Hist. Jabrbuch, LIII (1933), 190-219. For the recent literature on Lully, cf. OberwegGeyer, Die patristiscbe u. scbolastische Philosophic (Berlin, 1928), pp. 758!.
78
Altaner,
/.
pp. 212
ff.
COUNCIL OF V1ENNE
397
hand the need of a knowledge of the languages for efficient work. But what no doubt convinced him more than anything else
of the feasibility of his project was the successful work that was being done
thus
in
saw
at first
by the Dominicans
established
In a general
a
dead letter
were
ITiere
Hebrew and
Arabic,
as early as 1250.
made to put the decree into execution in the papal curia in Avignon.
proved fruitless so far as the missions were concerned.
The same can be said of Paris, despite the exertions of John XXII. In
regard to the other three universities mentioned, we have no evidence to
show that even so
much
as a
/
I
80
of the decree.
scriptions
canon
12
Summary. Christian princes should restrain the Saracens subject to them from
publicly invoking the name of Mohammed and from making pilgrimages to a certain
shrine.
Name and
Text
It is
tian faith
that in
Denifle,
encyclical
Vienne, in which he finds the program of his own newly created Oriental
foreshadowed. The text of the encyclical is in the Acta Apostolicae Sedis,
decree of
Institute
1928.
English translation in
if
Altaner,
Lehrstuhlen
f.
39 8
as
canon
Summary. The
13
Many
inquisitors,
to the other
COUNCIL OF VIENNE
399
regard to the custody of the prisons in which heretics are confined, much fraud has lately been committed, we decree
that all Buch prisons, which we wish in the future to be for the common use of the bishop and inquisitor, shall have two chief guards,
discreet, diligent, and trustworthy, one to be appointed and provided for by the bishop, the other by the inquisitor, and each of these
guards may have a competent and reliable assistant. For each room
within the prison there shall be two keys, of which one shall be
held by each of the aforesaid guards, who may entrust the keys to
their assistants for the purpose of ministering to the incarcerated.
guards, before they assume office, must, in the
(3) Moreover, the
presence of the bishop or, sede vacante, the chapter, and the inquisitor, or those substituted by them, take an oath on the Gospels that in
their duties as guards they will exercise the utmost care and solicitude; that one guard will not speak to an incarcerated person in
secreto except in the presence of the other guard that they will administer faithfully and without any deduction the provisions allotted to those incarcerated by the rule or what is given them by
relatives, friends, or other reliable persons (unless the furnishing
of provisions by outsiders is forbidden by the bishop and inquisitor), and that they will not resort to fraud in this matter. The same
oath must be taken in the presence of the same persons by the assistants of the guards before they take up the duties of their office. But,
since it often happens that bishops have their own prisons which
are not at the disposal of the inquisitors, we wish and strictly command that the guards appointed by the bishops or, sede vacante, by
the chapter, as well as their assistants, shall take a similar oath in
the presence of the inquisitors or their representatives. Notaries of
the inquisition also shall take an oath in the presence of the bishop
and the inquisitor or their representatives to the effect that they will
perform the duties of their office faithfully. The same shall be applicable to other persons necessary for the proper performance of
the duties connected with the aforesaid office.
(4) While it is a grave matter not to act in the extermination of
heresy when its enormity demands action, it is equally grave and
deserving of the severest punishment maliciously to impose or anchor that perverseness on the innocent. Wherefore, in virtue of holy
obedience and with the threat of eternal malediction, we command
the bishop and the inquisitor and those whom they may choose as
substitutes, that they proceed discreetly and promptly against
those suspected of heresy and do not maliciously or fraudulently
anchor that stain of iniquity upon an innocent party. If, through
hatred, affection, or temporal interests, and contrary to justice and
their own conscience, they fail to proceed against anyone against
whom they ought to proceed, or, actuated by the same impulses, presume to annoy anyone in any way by stigmatizing him with the stain
(2) Since, in
400
canon
14
office
Summary. Determines the age of inquisitors. Those who under cover of their
piopcm
extort money or on account of the delinquency of clerics seize Church
acts being
arc to be punished. Notaries, officials, and associates who know of such
0
committed are commanded to report them to superiors. Inquisitors are forbidden
abuse the concession of carrying arms.
obscured
that the splendor of the faith be
the apacts of some inquisitors, we, with
of inproval of the holy council, decree that in the future the office
age 0
quisitor be committed to no one who has not attained the
inquisitors
forty years, and we strictly command all commissaries of
inand bishops, that they do not under cover of the office of the
n
quisition extort money from anyone in any manner whatsoever,
seize
ac-
;pso
tion to the contrary in these matters, we decree that they incur
tney
facto excommunication from which, except in mortis articulo,
those
cannot be absolved until they have made full satisfaction to
a"
from whom the money was extorted, nullis privilegiis, pactis,
or^
remissionibus super hoc valituris. Notaries and officials of the a
said office and associates of inquisitors and their commissaries,
know
^^
^
^
COUNCIL OF VIENNE
40
the
canon
Summary.
15
U^UA-^
Text. It has
usury and
402
CANON
province
celebrate
Text. With the approval of the holy council we permit an archbishop journeying through exempt localities of his province to have
the cross borne before him, to bless the people, to hear the divine
offices there publicly or privately, to celebrate
them
in pontificalibus
and
to
canon
Summary. Anyone having struck or
17
forcibly
seized
bishop,
or
commanded
approved that
this
with
Text. If anyone has at the instigation of the devil rashly and
injurious effect struck or forcibly seized any bishop or commande
others
that these things be done or approved them when done by
or been an accomplice or given advice in this matter or knowing y
defended one guilty of such conduct and did not incur excommunication under decrees already published, let him be excommunicate
conby the authority of the present constitution, any custom to the
trary notwithstanding, a custom which we with the approval ot
^
no
council regard as a corruption, from which censure he may
outside the case of mortis articulo, be absolved except by the
j
man pontiff. He shall, moreover, be deprived of all fiefs and o
m
spiritual and temporal offices and benefices which he holds ^ r
Church over which the bishop thus offended presides and all the
,
clcr
an echo of the struggle between the regular and secular
^j
archbisnq a
it was the outcome of abuses on the part of
U
anno
bishops when passing through exempt territory, abuses that consisted in
^ jp. on
t
ur,
oppressing religious in one way or another and attempting to exercise
^ ma|i ce
where they had none. At times papal exemption meant little or nothing, for
decre
papal
and machinations of the prelates were often more powerful than a
82
This decree
is
^
i
COUNCIL OK VIENNE
403
Nor
ought
to
404
of the
canon
18
ecclesiastical
canon
Summary. Seculars who compel
19
offices in r
clerics to celebrate the divine
interdicted distnc
is
"n
,
some
"Cf.
84
85
C.29, C.XVII, q. 4 .
Cf preceding decree.
Kober, Die Suspension, pp. 350
.
f.
COUXCIL ok
vif.xnf:
and solemnly not only in the chapels of their districts but also
in collegiate and other churches of prominent localities, inviting
and, what is worse, at times compelling now this one now that one
to celebrate those offices; and not content with these excesses, they
have the people even of the interdicted districts called together by the
ringing of bells and by public criers to attend these masses. Some
of them also do not hesitate to command, especially their own subjects, though they are under excommunication and interdict, not to
leave the churches while the masses are being celebrated therein,
even when the celebrants request them to leave; whence it often
happens, not without offense to God and scandal to the clergy and
people, that the masses remain incomplete. Wherefore, that excesses so grave may not go unpunished and serve as an example to
others, we, with the approval of the holy council, restrain with the
sentence of excommunication, from which they can be absolved only
by the Apostolic See, all who in the future presume to compel anyone in any manner to celebrate the divine offices in places under
interdict, or who in the aforsaid manner shall call together any perlicly
sons
who
of
hearing the divine offices, or who shall forbid those under excommunication or interdict to leave the churches in the course of
divine service, and those also who having been warned by the celebrants to leave presume to remain.
canon 20
Summary. Bishops
Text.
With sorrow, we
% procuration
^panions
88
understood the sustenance which was due to the bishop and his
in the course of his canonical visitation of the churches of his diocese and
wWch the churches
visited had to prov ide.
is
406
cooks demand and extort money, and they do not observe the arrangements existing between the prelates and the monasteries concerning procurations. If they have the right to procurations on such
a visit, they become oppressive and consume in one brief hour what
prolast the community a long time. Though they receive
curations, they have with them hunting dogs, falcons, and sparrow
hawks,* 7 and unless their demands in regard to these are met, they
often break open the doors of the monasteries and churches and
carry off the valuables of the church. Contrary to thy laws, they resum
ceive several procurations in one day, sometimes also a specified
of money,** though no visitation was held, and under cover of pro-
would
P.j
Though
87
in
many
points
it
latter, it failed
nevert
88 Cf.
also c.3,
VI 0 De
,
cens.,
tu _
^
*
nV>
m
m. 20
COUNCIL OK
purpose.
Owing
to
its
VIENN'F.
407
wherever
possible.
my
dom, the Word of God, begotten of the Father from eternity, remaining in the Father, in these latter days made flesh in the womb
of a virgin through the action of the Holy Ghost, He went forth, a
man, to accomplish the arduous work of the redemption by giving
Himself to man as an exemplar of the heavenly life. But because
man, harassed by the cares of this mortal life, turned his mind away
from the consideration of this exemplar, the celestial husbandman,
among other gardens in the Church militant, made one removed
from the tempestuous waves of the world, in which man might devote himself more peacefully and securely to contemplating and
practicing the works and precepts of the exemplar. This garden is
the holy religion of the Friars Minor which, content with God alone,
is firmly enclosed
within the walls of regular observance. Coming
into this garden, the beloved child of God gathers the myrrh and
aromatic spices of mortifying penances, which by their wonderful
fragrance diffuse the odor of sanctity over the whole world. This
is that form
and Rule of heavenly life which that illustrious confessor of Christ, St. Francis, drew up and taught by word and example
to be observed by
his children. But though his devout followers in
Conner times have striven to observe that Rule faithfully in its purIry and
plenitude, they were nevertheless convinced that in a few
points it was susceptible of more than one interpretation, for the
elucidation of which they prudently had recourse to the Apostolic
See that, the true meaning of such passages being established and
all doubts
dissipated, they might serve God in charity and with a
peaceful conscience. Many of our predecessors, the Roman pontiffs,
heeding their pious and just supplications, defined those points of
the Rule, retaining
some interpretations and rejecting others, according as they seemed suitable or unsuitable to the consciences of
the brethren
and to the state of regular observance. But because
there are timorous
souls that greatly fear any deviation from the
way of God and sometimes find obstacles where there are none, the
consciences of all the brethren have not been wholly quieted by the
above mentioned elucidations, for in regard to some things pertainto their Rule and state doubts still arise and agitate them, as we
ing
have often been told in public and in private consistories.
Wherefore, after having submitted the disputed points for examation to many prudent and discreet archbishops, bishops, masters
0r theology,
and other learned men, we, having from our youthful
dfys held the followers of that Rule and the whole order in the
honest esteem, and now by reason of our pastoral office are the more
"
408
COUNCIL OF VIFXXE
409
eteemosynae.
fasts to
money
410
per personam inter positam, the brethren must be cautious and not
appeal to persons for money for other reasons and by ether procedures than those indicated by our predecessor Nicholas III, lest
they become transgressors of the precept and the Rule. For, where
something that is not expressly granted is in a general way prohibof
ited, it is understood to be prohibited. Wherefore, any acquisition
money and the reception of pecuniary offerings in the church or any
other place, receptacles designed for pecuniary offerings, as well as
any other method for obtaining money not granted by our predecessor, are absolutely forbidden. Since recourse or appeal to special
friends is permitted by the Rule in two cases only, namely, to supply the needs of the infirm and the needs of the brethren in regard
be
to clothing, and this, as our predecessor has pointed out, may
reasonably extended to other needs at times when alms are few or
their bestowal should cease altogether, in no other cases are they
permitted to appeal to such friends either directly or through infoltermediaries. Lastly, since the holy founder desired that the
lowers of his Rule be totally divested of all desire of and attachment
money
to earthly things and that they be especially detached from
they
off from the use of it, it is necessary that
apbe cautious, that while for the aforesaid reasons they may make
things
peals for money to meet their urgent needs, they should in all
to
so conduct themselves as one possessing nothing. Wherefore,
command when and in what manner money is to be spent, to deman
an account of expenditures, to deposit it or cause it to be deposite
these
in any manner, to place money in a coffer and to carry its key,
"'
and similar acts we wish the brethren to know are illicit. Hen
e
when the holy man, giving expression in the Rule to the form of t
own,
COUNCIL OF VIEXNE
encourage them; they act as executors of
and mix themselves in the disposition and restitution to be
made in matters of usury; they have extensive gardens and vineyards from which they receive much produce and wine for the market; in times of harvest they gather such an abundance of grain and
wine by begging and buying and store them away in granaries and
cellars that they can live for the remainder of the year without asking for alms; their churches and other buildings exhibit such lavish
expenditures that they appear more like the dwellings of the rich
than those of poor friars; ecclesiastical vestments also in many
places are of such quantity and quality that they outdo the great
cathedrals. We reply to the foregoing as follows: since it is a truth
of everyday life that what is outwardly done is but the expression
of an interior disposition, it is necessary that the brethren who have
freely and by vow stripped themselves of all temporal things, abstain from everything that is or appears to be contrary to that vow.
Inheritance implies ownership, consequently in consideration of this
vow they are incapable of inheritance, which of its very nature extends itself to money and ad mobilia et immobilia. Similarly, it is
repugnant to the vow of poverty to receive the income of such inheritance or such part thereof that it can be presumed it was perpetrated in fraud. The same applies to annual revenues from whatever
source they come. Furthermore, since not only that which is known
to be evil but also everything that has the appearance of evil must
be avoided a viris perfectis, it is but natural that the brethren should
abstain from acting as assistants to lawyers and agents in court
when the matter considered reverts or may revert to their temporal
interest, for in such cases people are led to believe that they are
seeking something that is their own, which is not only derogatory
to their vow but also a source of scandal to their neighbor. Since
they are forbidden not only to receive and own money but also the
handling of it and may for nothing temporal engage in court action,
they are forbidden also to act as executors of wills. However, their
advice in such matters is not opposed to the statute, since in that
case they exercise no jurisdiction. While it is lawful and consistent
with reason that the brethren who devote themselves to prayer and
study should have suitable gardens and fields for recollection, recreation, and the cultivation of the necessary vegetables for themselves,
*t is, however, contrary to their Rule to dispose of such products
for a monetary consideration. As has been explained by our predecessor, even if lands, vineyards, etc., should be bequeathed to them
to cultivate for their own use, they may not accept them, since their
Possession, considering the value of the produce, partakes of the
nature of an income. Their holy founder wished that they, like the
birds of the air, should have no granaries or cellars, but should rely
n divine Providence for all things. Churches and other buildings
are present personally to
wills
412
must not exceed in number and size the requirements of the community and in the future must be consistent with the vow of poverty.
God, who knows all secrets, takes into account chiefly the intention,
not the outward act, of those serving Him. He does not wish to be
honored with things that are out of harmony with the condition and
state of His servants. Superfluity and extreme costliness in the
matter of ecclesiastical vessels and vestments partake of the nature
of treasure and abundance, and are in the judgment of men manifestly inconsistent with the Rule and profession of the Friars Minor.
There has, moreover, sprung up among the brethren a troublesome
question concerning the usus pauper, that is, whether by the profession of their Rule they are bound to the strict and simple use of
things. Some there are who maintain that as quoad dominium they
are bound by vow to an absolute non-proprietorship, so also quoad
usum are they bound to a rigid and austere use of things. Others,
on the other hand, maintain that by their profession they are not
bound to any usus pauper that is not expressed in the Rule, though
by the nature of their state they are bound ad usum moderatum temperantiae, sicut et magis ex concedenti, quam ceteri Christiani. Wishing to put an end to these conflicts, we declare that the Friars Minor
are by the profession of their Rule in a special manner (specialiter)
bound ad arctos usus seu pauperes which are contained in the Rule
and bound eo obligationis modo, sub quo continet seu pomt regula
dictos usus. But to say, as some are reported to have done, that it
or
is heresy to hold that the simple use (usus pauper) is included
not included in the vow of evangelical poverty, we declare pre-
sumptuous and
rash.
Finally, since the Rule specifies where the election of the minister
general is to be held and who are the electors, but makes no mention
of the election or institution of provincial ministers, we declare,
decree, and ordain in this constitution, which we wish to be observed
a
in perpetuum, that when any province is to be provided with
prominister, the election of that minister is in the hands of the
vincial chapter, which that chapter is bound to hold the day following
to
its assembly; the confirmation of the election, however, pertains
the minister general. If the election is conducted per iormam scrutinii and the votes are divided, it may happen that several ballots
are necessary; the election of the one who has received the majority
of capitular votes, notwithstanding the exceptions and opposition
of the other party, is then referred to the minister general who, wit
the advice of discreet and experienced fathers of the order, confirms
or rejects it according as he sees fit. If it is rejected, it is returne
to the provincial chapter. But if the aforesaid chapter neglecte
on the day specified to elect a minister, then the duty to provide one
genfalls upon the minister general. If for good reasons the minister
eral
it
COUNCIL OF VIKWE
413
where hitherto for good reasons a different method of providing a provincial minister has prevailed, the latter be appointed by
the minister general, this may be done, to the exclusion, however,
of fraud and partiality. 89 (C.i in Clem., De verb, signif., V, 11.)
inces
We
have thus far considered only those decrees which unquestionemanated from the deliberations of the council. That, in addition
to these, others were issued by the Pope with the approval of the council, though without expression of such approval, there has never been
any doubt. The omission of such expression and the confused state of the
Clementines have made it extremely difficult and in many cases impossible
to determine with certainty what is what in regard to these decrees. The
recent discovery of long lost material pertaining to the councils work
of reform, has done much to clarify the situation and bring us a step or
two nearer to the solution of the problem, t^jouffh agr cat deaMxniains
tobedone and, until something of vastly greater importance than we have
a >I^nc^rr5uT^i^ os^aT comes our way, the exact numbero't^'dec recs issued
jty the Pope ^wltTTthe concu rrence_ofjrh e_ c ouricil, must n eccs_sarily
rernain^a matter of b lind coTrjccturc. As already stated^'tne most important
contribution to the solution of the problem is that of the learned Franciscan, Dr. Ewald Miiller. 90 With the aid of this new material and his fortunate discovery in the STaatsbibliothek in Munich of a MS that in its origin
antedates the final redaction and publication of the Clementines by John
XXII on October 25, 13 17, he has thrown a flood of new light on some
of the preceding twenty-one decrees, and has also un earthed eighteen
oth ers in the Clementines, some of which are" wiuhoutTloubt conciliar,
while otKers carry a greater or lesser degree of probability in this respect.
The MS consists of less than two octavo pages and contains only brief
notes, that is, the bare titles of the decrees. Its list is not complete, for it
omits some of the twenty-one decrees we have just quoted, for instance,
n s. 13,
14, 17, and 18, which, by the way, are mentioned by the papal
roaster of ceremonies; 01 and vice versa, it includes in its list some that are
not mentioned by the master of ceremonies; for instance, nos. 5, 6, and 16
of our series of twenty-one. To avoid complicated details and technicalities, I shall
in the following list of eighte en decrees give briefly in each
case the reasons that prompted Dr. Miiller to include them in his list of
ably
fairly certain
detail in
580.
III,
41
ff.;
Miiller,
4 i4
CANON
other
religious prelates.
Text. Abbots and other religious holding major ecclesiastical ofmay not, when it is question of priories and other houses subject
to them, bring court action against anyone on the authority of Apostolic rescripts or letters of papal legates (except in such places and
before such persons as is permitted to the priors and other officials
of the priories and other houses; this observation applying also to
places ad mensas praelatorum pertinentes). Whoever presumes to
act in contravention of this and to annoy others, shall be condemned
by the judge before whom the matter is brought, to pay the expenses and make good the damage to the other party. Any judicial
process disregarding the aforesaid provision is ipso jure null. (C.i,
fices
in Clem.,
De
rescript.,
I,
2.)
canon
Simrmary.
A rural official or a
may
not be delegated
in judicial matters.
Text. Though the city official of a bishop 92 or a religious obtaining the office of conventual prior (though that office is not customarily an elective one) may in judicial matters be delegated by
the Apostolic See or by a papal legate, in the case, however, of a
forane (rural) official 93 or of a prior of a cloistered monastery, we
do not wish this to be observed. (C.2, in Clem., De rescript., I, 2.)
conciliar origin.
Nor
is
there reference to
just
them
that
is,
says, arc
(that
is,
all
the
two here
title
in question). In his
known today
is,
these,
and canonist,
in re er-
as vicar-gcncral.
rural dean.
Giovanni d' Andrea (c. 1 275-1 348), a layman. He was a distinguished can0 "p hila .
regarded as the Father of the History of Canon Law. Cicognani, Canon Lav)
*
is
Iste versus
Among
two
rescriptis except the first
comdiscussion of the first decree,
De
COUNCIL OF VIKNNK
ence to the words nisi ubi of the
415
Unde per hoc dicas, ipsas Ugare a tempore missionis doviivi Jocinnis pjp.ie,
non a tempore primae public at ion is." 1 These words of the two canonists
seem to establish beyond a doubt that the first of the above decrees is in its
main portion conciliar, and though the evidence in favor of the second is
conciliar origin seems probable. The whv and wherenot clear, unless it was based on complaints of bishops
and abbots who were unwilling to have such or so much power given to
the vicars-forane or to a prior of a cloistered monastery.
not so convincing,
its
is
canon
Text. Since it is not in accordance with reason that men of different religious profession and habit dwell together in the same
monastery, we forbid that in the future a religious be elected abbot
or superior of an order other than that of which he himself is a
member. Where this has taken place, the action is invalid. This provision, however, we do not wish to be an impediment to the election
of a religious to the bishopric of a Church entrusted to the secular
or any of the regular clergy. (C.i, in Clem., De elect., I, 3.)
canon 4
Summary. Local ordinaries arc authorized to fill vacant benefices the disposition
of which belongs to regular prelates, whenever these neglect to do so within the
time prescribed.
98
ut
99
410
De
I, 5.)
CANON
cathedral and
in the chapters of
sacr
secular collegiate churches. He who has a benefice to which is annexed a
cnap
order, must within a year be promoted to that order or lose his voice in the
and also half of his allowance.
1Q i
102
COUNCIL OF VIENNE
Text. That those who hold or in the future will hold offices in
cathedral and secular collegiate churches may the more promptly
receive the corresponding sacred orders, we decree that no one in
the future shall in these churches have a voice in the chapters (even
though this be freely granted him by the others), unless he has
received at least the subdiaconate. If those, however, who now hold
or in the future will obtain dignitates, personatus, officia vel praebendas to which certain orders are annexed, do not within a year
from the time of their appointment, unless a just impediment excuses them, receive the corresponding order, they shall have no voice
in the chapter and shall, moreover, receive only half of the allowance
allotted to those who are present at certain hours of the divine office,
till they have been promoted to such orders; customs and statutes
to the contrary notwithstanding. All penalties decreed by law against
those who refuse to be promoted to orders, shall remain in force.
(C.2, in Clem., De aetat. et qualit. praefic, I, 6.)
we
have the testimony of the papal master of ceremonies, who in his report regarding the third session savs, that a decree
was read to the effect that those who are not subdeacons have no voice in
the chapter. 104 Then, no less explicit and positive is the statement of the
Munich MS, 106 a comparison of which with the contents of the present
decree leaves no doubt that its reference is to the Clementine decree here
under consideration. From the testimony of these two contemporary witnesses, we are forced to conclude that we have here a genuine conciliar
decree. First of
all,
decree. 106
canon 6
Summary.
tithes,
matrimony,
104
106
106
Archru, V, 580.
Muller, p. 687, nos. 18 and 19.
W,
p. 620.
4 i8
way
related to these. The foregoing provisions we wish to be applied not only to future cases but also to current ones, and to matters
connected with the procedure of appeals. (C.2, in Clem., De judiciis,
II, i.)
Comment. If not in its form, certainly in its chief contents this decree
has a conciliar decision for its basis. This is indicated hv the declaration of
the papal master of ceremonies that in the third session of the council a
decree was read prescribing a shorter and suminarv procedure in the matter of ecclesiastical benefices. 107
Contemporary
This
is
imnv
.MS.
complaints
"*
re-
garding the long drawn out ecclesiastical judicial procedures and call for
of such processes. Duranti speaks of a certain immortality
of such procedures in the Roman curia. 10 "
a simplification
CANON
Summary. Bishops who have been driven from their sees, may, under certain conditions, from the neighboring dioceses in which they arc temporarily located, legally
proceed against their persecutors and also exercise jurisdiction over
their subjects.
We
107
COUNCIL OF VIFNNF
419
the Archbishop of A4ilan, the Bishop of Vicenza, and others, who had
been driven from their sees. 111 This statement is supported by the fragment
of the acts discovered by the late Cardinal Ehrle, which contains a complaint of the ecclesiastical province of Milan to the effect that powerful
laymen exercising tyrannic rule, capture, drive from their sees, and prevent
the return of, bishops who battle for the freedom of the Church. These
laymen do not shrink from murder. They forbid episcopal officials to
is, the permission granted in the first part of the decree holds good only
statements are true regarding their inability to cite their persecutors to
their houses or to their cathedrals, and the lattcr's interposition of obstacles to frustrate
citation, and further, if their statements regarding their inability to exercise per se
vel per alium their jurisdiction in their own dioceses are also true.
111
"Et quia in Vienncnsi concilio plures erant episcopi a suis sedibus expulsi et
maxime italici, ut Mediolanensis et Vecen(tinus) et aliqui alii illis instantibus fuit
110
That
if their
420
perform
and they rob the Church of its rights and possesLatin text of this complaint with that of the
first part of the Clementine decree reveals not only an identity of thoughts
but also their expression in similar and identical words. Among the Regcsta
of Clement
is a bull from which we learn that the Archbishop of Milan
and the Bishop of Vicenza, as well as other bishops, had received from
the Pope during the council conservatores, who were to defend the interests of the bishops in the dioceses from which thev had been expelled and
to be of assistance to them in the dioceses in which they temporarily resions. 112
their duties
A comparison of the
V
sided.
From the foregoing we may safely conclude that a decree of the above
nature was drawn up by the council, but whether we have it in the above
form is impossible to say; it seems very doubtful. What we have may he
just a part of a large and general decree, or it may be one of those unfinished decrees that was completed after the council; in either case it would
be easy to understand the omission of the formula: sacro approbante concilio. 11 *
CANON
whereby
to escape
conciliar one.
et
mvadere minus
* 13
licite
officiales
occupare
COUNCIL OF VIENNE
42
Jews, to be cited on the authority of the papal letter, Ea que de bonis, or of another papal document, the royal officials immediately imprison the friends and relatives of the rector, till those who
procured the citation repudiate the right which they have and repudiate
also the papal letter. 114 If the decree has any relation with that complaint,
it may be accepted at least as substantially conciliar. 115
tain persons, especially
canon 9
Summary. Bishops
We
Text.
strictly command local ordinaries to warn by name
three times those clerics who publicly and personally engage in the
butcher's trade or who conduct taverns, that they abandon such pursuits within a period of time to be specified by the ordinaries, and
not to resume them in the future. Those who after such warning do
not discontinue such practices or at any time resume them, if they
be married, shall lose eo ipso all clerical privileges; if unmarried,
lose their privileges in so far as these are of a real or tangible
nature (in rebus), and if in addition they wear the garb of laymen,
lose eo ipso also their personal rights as clerics so long as they are
engaged in the aforesaid pursuits. In regard to other clerics who are
engaged in secular commercial activities or in any business inconsistent with the clerical state, and those also who carry arms, the
ordinaries shall so strive to observe the canonical statutes that the
aforesaid clerics be restrained from such excesses and they them-
Comment. The clerici confugati were not anything new in the time of
Clement V. Earlier legislation concerning them may be found in the Decretals of Gregory IX. 116 Unlike our own times, when, strictly speaking, there
are no clerics below the major orders except those who have received
tonsure and minor orders in preparation for the priesthood, in the medieval
Church many young men, if not most of them, enrolled themselves in the
114
Ea,
"Diocesis Toloncnsis dicens, quod si rector alicujus ccclesiac faciat per Iitteram
que de bonis, vel aliam papalcm aliquas pcrsonas, precipue Judeos, citari; officiales
amicos et propinquos dicti rectoris incarcerant, donee ill i, qui impetrave-
regii statim
rint, renunciavcrint littere papali et juri et judicii competenti." Archiv, IV, 395.
115
Miiller, pp. 640 f On the relation between the Church and the Jews, cf. Eubel,
"Die Papste und die Juden," in Rom. Quartalscbrift, XIII (1899), 29-42, and Grayzel,
The Church and the Jeivs
the Thirteenth Century (Philadelphia, 1933), where an
abundant literature is given (pp. 359-64).
116
Cc. 1-10, X, De cleric, conjug., Ill, 3.
4 22
contracted only one marriage and that with a virgin, enjoyed the clerical
they wore the clerical garb and the tonsure. 117 How-
privileges, provided
ever, many of these people had no intention of adjusting their life and
conduct to the requirements of the clerical state. Sonic continued in pursuits inconsistent with that state; and others had the tonsure conferred on
themselves for no other purpose than to secure protection under the cloak
of clerical privileges so as to escape punishment by the civil power for
crimes that they had committed. Hence James II of Arngon instructed his
representatives on the eve of their departure to the council, to acquaint
the Pope with the situation and to petition him that such married clerics,
through whose misconduct so much scandal is caused, be, notwithstanding
their tonsure, removed from the protection of the ecclesiastical and subjected to the civil power or jurisdiction. Replying later through Cardinal
Beziers, the Pope informed them that he had placed their petition in the
hands of Cardinal Colonna, who would bring it before the council, where,
he assured them, it would receive the fullest consideration. 1H There can be
1
no doubt, then,
The
council.
ec-
cation of the decree of Boniface VIII, because those married clerics are a
disgrace to the clerical state. In several synodal decrees before and after
the council we find the same complaints, with an admonition to the secular
conclusion seems to stand out clearly, namely, that the council, standing
a general disinclination to remove from the protection of ecclesiastical jurisdiction those clerici conjugati who abuse the tonsure, and the
between
De
119 "Provincia
Senonensis
dicit,
de consuetudine antiquissima
1230;
XXVI,
nec judicibus
3,
ec-
vvqV
Mansi, XXIV,
COUNCIL OF VIEN'XE
42
canon
Summary.
who, having
ro
Text. Since he who lays aside the garb proper to his order and
without good reason adopts and publicly wears another, shows himself to be unworthy of the privileges of his state, we ordain in the
present constitution that any cleric who, possessing a benefice,
publicly and without reasonable cause, wears strange and variegated
garments, is eo ipso suspended for a period of six months from the
usufruct of his benefice. If he does not possess a benefice, but is constituted in sacred orders below the priesthood, he becomes for the
same length of time eo ipso disqualified from obtaining a benefice.
The same penalty applies to those clerics who, having the tonsure,
wear such clothes in public. He who has a dignitas or personatus
or other benefice to which is annexed the cura animarum, as also all
other priests and religious, who in their whole exterior deportment
ought to be an example of interior virtue, if without reasonable cause
they publicly wear clothes of this kind, or appear in public wearing
woolen or linen variegated headcover, they are eo ipso suspended
for one year from the usufruct of their benefices in case they have
such, otherwise they, and the religious also, are for the same length
of time disqualified from holding an ecclesiastical benefice of any
description. These and all other clerics who wear an expensive outer
garment so short that the garment beneath it is exposed, whether
secular clerics or religious, if they have the cura animarum, are
bound to give within a month that outer garment to the poor. Religious, however, who have not the cura animarum, are bound within
the same period of time to turn it over to their superiors and it is
to be applied to charitable purposes, otherwise those having benefices
incur ipso facto the aforesaid penalty of suspension and the others
the aforesaid disqualification. We furthermore forbid clerics, espe-
Wl Muller,
pp. 614 f.
424
We
CANON
II
any colored
title
made
122 Ibid.,
p. 616.
COUNCIL OF VIENNE
425
by the council and completed later either by the commission appointed for
this work or by the Pope himself. Evidently it is based on a complaint
handed in
by the
ecclesiastical
canon
12
Summary. The decree gives detailed directions governing the entire exterior and
interior life of the Benedictine monks.
That nothing unbecoming may find its way into the order
monks and nothing dishonorable develop side by side
with the good, but rather that the flowers of worth and esteem may
produce fruit in abundance, we decree as follows
(1) The upper garment next to the habit may be of black, brown,
or white color, according to the custom of the locality in which
they reside. The quality of the material must be in keeping with
monastic moderation. Not what is expensive and fine must be used,
but what is practical. Moreover, the garment must be round and
closed, not too long or too short, having large sleeves extending to
the hands, not sewed together or in any way buttoned. Let them be
content with a headcover of black material or of fur in place of the
capuche with the capuche of the habit which they have been wearlng, or according to the disposition of the abbot they may also wear
shoulder capes of modest design. 124 In the garment they may not
wear silk in place of fur. They may use large and high boots in place
of shoes. They shall not presume to wear ornate belts, knives, and
spurs, or highly decorated saddles and other superfluous and exText.
of the black
Ibid., p. 540. This decree was renewed by the Synod of Valladolid (1322) in
canon u. Mansi, XXV, 707.
124
The text reads as follows: Almutiis de panno nigro vel pellibus caputiorum
loco cum caputiis habitus, queni gestaverint, sint contend, juxta tanien dispositioneni
abbatis scissis super humeros et honestis caputiis uti possint.
426
manual
may wear
they
after
independent monastery that has not yet attained the rank of an abbey.
COUNCIL, OF VIKNN-E
ing that they could not safely
427
(8)
They urged
by
(1335), held eighteen years after the publication of the 'Clementines
the
in canon 3 renewed the present decree and ascribed it to
John XXII,
monastery or priory may not be reduced without the consent of the bishop.
^
younger members of the community must be instructed in the monastery and no
sent to outside schools. Mansi, XXIV, 612; Hefele-Leclercq, VI, 300.
127 C.
7, X, De statu monach., Ill, 35. Cf. canon 12 of the Fourth Later an
Berliere, "Innocent III et la reorganisation des monasteres Benedictins," in
Benedictine, XXXII (1920), 22 ff. and XXXIII (1921), 145 ff.
.
126
129
idler,
.
pp. 496-502.
series
of this council.
.,
aw
COUNCIL of viknnl:
Council of Vienne, 180 while the
of a constitutio
dementis V li
429
131
.
canon
13
Summary. Religious are bound to meet the obligations of churches and convents
that they have under any title obtained, unless excused by Apostolic privilege, exemption, or otherwise.
Comment. There
decree.
tions. The Munich MS ascribes to the council the following decision: Item
quocienscumque arcbiepiscopus visitaverit provinciam stiam vel pertransierit in locis exemptis et non exemptis procurationem recipiet ex concilio
eidem indulto. Hoc ipsum et episcopo in sua dyocesi est concession. 13 - That
J s, in
virtue of this conciliar concession the archbishop has the right to
procurations in the course of his visitation of his province and also in his
passage through exempt territory. The same right is extended to the bishop
m the visitation of his diocese. So far as the exempt were concerned, the
decision was a radical departure from the traditional discipline, and signified an important victory of the bishops over the privileges of exempt religious, who put up then, as they had done before in the Second Council
y
180
Mansi, XXV, 1041; Hefele-Leclcrcq, VI, 836.
lSl
Mansi, XXV, 7071; Miiller, pp. 569-73. The fact that a provincial or diocesan
synod ascribes a decree to the Council of Vienne is no guarantee that the decree is
conciliar, unless it contains the formula sacro approbante cancilio, for in this matter
the synods merely followed the superscription of the decrees which in the Clementines
*s untrustworthy.
132
Miiller, p. 687, no. 20.
43Q
privileges, espe-
religious communities, the Pope, after the dissolution of the council, modi-
churches and convents upon which such obligations rested before they
came into the hands of the religious, unless the latter could show legitimate
ground for exemption. This limitation, however, as well as the provision
that the privilege
is
not to be extended to future acquisitions meant pracexemption from furnishing procurations. The
tically a confirmation of
archbishop retained only the honor or right accorded him by the decree
Archiepiscopo, 133 and even the last portion of this decree, forbidding him
and the bishop to exercise jurisdiction in exempt territories or in any way
to restrict the privileges of exemption, has the appearance of a post-
canon
14
Summary.
from
clerics
Ordinaries,
when
while traveling.
By
the present constitution we decree that the local ordinathe matter becomes known to them, publish or have
published by their subjects the sentences of excommunication and
interdict incurred a jure by those who either on their own initiative
or at the behest of another demand or extort from ecclesiastical persons while on a journey a tax or impost on goods that they carry
with them or have carried by others, goods that are their own and
will not be made the object of barter or sale, doing this to the danger
of their own soul and to the disadvantage and loss of those from
whom such tax is demanded and they shall continue to publish such
sentences of excommunication and interdict till restitution and suita-
Text.
ries,
when
made. (C.
3, in
Clem.,
De
cens., III., 13
Boniface VIII.
"
COUNCIL OK YILNNE
(1276) had in
4:51
who
canon
15
complaints or with good reason have recourse to appeals against inthey sometimes seize or cause to be seized and cast into
prison. \here are prelates, moreover, who without legitimate reason
do not permit chaplains, appointed by the religious superiors, to
celebrate in the churches rightfully and legally belonging to the
religious, or to administer the sacraments to the people of the parish.^
Others without justification suspend, excommunicate, seize, and incarcerate exempt abbots, monks, lay brothers, and even secular clerics
who are in the service of the monastery, and place under interdict
their churches and houses if they refuse obedience to them in those
things in which they are under no obligation to obey.\Moreover, in
their demands for charitable aid from the exempt and those subject
to them, the prelates exceed all reasonable measures.Npontrary to
law they impose on them unusual and excessive exactions. They
burden their parochial churches in which they have the jus patronatus with new taxes and undue obligations\just legal judgments or
decisions made by the delegates of the Apostolic See or by the
conservators in favor of the exempt, they do not permit to be made
public or they withhold instructions to their subjects for their execution. \"hey restrain public notaries from drawing up instruments,
judges from administering justice, and attorneys from giving counsel
and aid in legal matters of the religious.\JWhen superiors of exempt
orders present their subjects for promotion to orders or benefices,
justices,
187
Mansi,
(i3>),
XXIV,
canon
110,
173;
432
the death of these clerics really vacant. Some bishops unjustly appropriate to themselves the rights of the religious and so regulate
matters in regard to revenues belonging to the churches that not
enough remains for the livelihood of their rectors. At the behest
of prelates, armed bands in violation of justice destroy the mills
and other properties of exempt religious. They frequently send to
the monasteries their relatives and nephews and sometimes also
their animals together with the shepherds with the demand for free
maintenance. Frequently also prelates compel abbots and priors of
monasteries to grant to their relatives and nephews monastic properties or possessions either in perpetuum or ad tempus, concessions
which we wish to be considered ipso jure invalid. The same abbots
and priors they sometimes compel to present to them for vacant
churches, in which they (the abbots and priors) have the jus pationatus, and at times even to receive into the order, their friends,
relatives, or nephews. They also frequently permit and tacitly consent to the seizing of movable and immovable properties of monasteries in their territory with violence by soldiers, vassals, and even
their own temporal officials in cases not permitted by law, and various other injustices they perpetrate against ecclesiastical persons
and the people of the monasteries. Sometimes also, under pretext
of privilege which they claim to possess for a certain time, they
collect from vacant benefices the revenues of the first year and thus
unjustly deprive abbots, priors, and others of revenues belonging
to them. Not content with that, they unlawfully seize the horses,
cattle, treasury, and other properties of monasteries and vacant benefices, all of which should be reserved to the successors. Some sell
for a specified time the incomes of their dignities to soldiers and
influential persons that by these the exempt religious located in the
neighborhood may be more vigorously oppressed. Others destroy
monasteries. There are not wanting those who seize houses, hospitals, and other movable and immovable properties of monasteries
without thought of restoration. Moreover, many prelates without
just cause prevent religious from repairing their places. Statutes
"
are enacted derogatory to the privileges of exempt religious. In ge fl
eral, very many prelates inflict grave injuries and losses on religious,
especially on those exempt and privileged, on their people and prop-
COUNCIL OF VIENNE
433
Wherefore, since for the regulars as well as for the secular prefor the exempt and non-exempt, there is one universal Church,
outside of which there is no salvation, for all of whom there is one
God, one faith, and one baptism, it behooves that all who are of
the same body, be also of one mind and one will and as brothers be
united to one another by the bond of charity. It behooves that the
prelates and the exempt and non-exempt religious be content with
their rights and avoid the perpetration of injuries and losses on one
another. Therefore, by the present decree we strictly command all
the prelates that they abstain absolutely and also see to it that their
subjects abstain from giving further cause for complaints of the
aforesaid nature, but let all exercise kindness toward religious men
and treat them charitably, exempt, privileged and non-privileged,
mendicant and non-mendicant, and let them inviolably respect and
lates,
preserve their rights and privileges. And, since what is specially forbidden is usually feared more than what is generally forbidden, we,
the strictest and most emphatic manner, prohibit prelates to
hinder in any way whatsoever abbots, priors, and other religious
from attending their general and provincial chapters. (C. un., in
in
Clem.,
De
tance in this connection is the note of the papal master of ceremonies, who
informs us that in the third session decrees were read de quibusdam ex-
forties to the conflict. For, as was already stated, the fault was not all on
one side, and so we have the following decree of this series dealing with
the excesses of the religious orders.
On
how
its
way through
the
434
council
far
the Clementines.
for violation of
its
is
that
it
it
contains
is in
valid.
Then
religious
at the
end
from attending
wc
have the
their general
all
other
of
its
CANON
lil
prelates against
e" t
"Dixit etiam (papa), quod si prelatis esset grave, quod tot pene P one
in constitutionibus, paratus est minuere ad dictum prelatorum; nam sibi F*"
ipsis placebat; et quod dimitterent aJiquos, qui viderent illas constitutiones.' Ate
V, 581.
140
J'
141
Cc.
16, 17,
X,
De
excess, praelat.,
V,
COUNCIL OF VIF.XXK
Text. Religious
who without
4^5
tion,
churches ;\^o publish false or fraudulent indulgences.Wi the executestaments to influence testators to withhold from other
churches legacies or what is due them in the way of restitution ;\{:
bring about that legacies, money owed or perhaps unjustly obtained,
be bestowed on themselves or on other individual members of the
order or on convents to the detriment of others f^o absolve anyone
from cases reserved to the Apostolic See or to the local ordinaries; 148 \unreasonably to annoy ecclesiastical persons who prosecute
to maintain their rights against religious, especially before judges
delegated by usVind to bring no one before a court in several places
or before such as are too distantly located. Those who presume to
act in contravention of the foregoing provisions or any part thereof,
shall for a period of two months be subject to the penalties prescribed in the Rule or statutes of the order for grave crimes or
offenses, dispensation from which may not be granted without a
manifest necessity. Their prelates (that is, superiors), unless on
occasion of such excesses, "within a month they make plenary satisfaction to churches or ecclesiastical persons for the damage or loss
sustained when they are requested to do so by the parties concerned,
in cur eo i pso sus pensio n till they have made such satisfaction, notwithstanding statutes or privileges of whatever tenor.
To those religious, however, who have been granted permission
by the Apostolic See to administer the sacraments of the Church to
their domestics or to the poor in their hospitals, the above provisions
do not apply. (C. 1, in Clem., De privileg. et excess., V, 7.)
tion of
142
1
J*
The Synod
* permission
burial rites, baptize, hear confessions, or administer the sacraments. Absolution imported in violation of this is, except in cases of necessity, invalid. Mansi,
269;
XXV,
(1
299) , canon
6.
Mansi XXIV,
206; Hefele-Leclercq,
VI, 458.
436
Comment. To absolve
sense in which
God
all sins,
freed from
all sins,
from
all
penances
sic
144 Bonifacius
de Amanatis (d. 1399): "Nota quod absolutio a pena ct a culpa
vocata est non a jure, sed a vulgo." Paulus, Gesch. d. Ablasscs, II, 146, note 4.
1,5 "Tanta
et talia offert vobis (Deus), quod sponte currere debctis, remlSSl0?*
scilicet cunctorum peccatorum, quantum ad poenam et culpani, et insuper vi
aeternam." Pitra, Analecta novissbna spicilegii Solesmensis, II (Parisiis, 1888), 4 1 2,
14e "Liberati
a peccatis venialibus simul et mortalibus, ab omni poenitentia
.
injuncta, absoluti a
in a"
j
t
COUNCIL OF VIENNE
437
and of the educated laity and from there into official papal
documents. In the bull Inter sanctorum solemnia of September 29, 1294,
Pope Celestine V granted annually to all the faithful who, vere poenitentes
et confessi, visited the Benedictine Church of St. A1arv of Collemaggio at
Aquila on August 29 (on that day and in that church rook place the ceremony of his first coronation) an indulgence a culpa et poena." 7 There can
be no doubt that this was a plenary indulgence. A curious feature of this
bull is that it was composed by a layman, Bartholomew of Capua," 8 an
official of Charles II, king of Naples, who merely embodied in the document an expression that was current among the people. In his bull Antiquorum instituting the first Christian jubilee in 1300, Boniface VIII granted
a plenary indulgence in the following form:
vere poenhentibus et
confessis
non solum plencmi et largiorem, ivmw plenlss'niiam omnium
suorum concedemus et conced'nmis veniam peccatorum? That is, those
who with a contrite heart have confessed their sins therefore, those whose
sins have already been remitted through the sacrament of penance arc
promised by the Pope in this plenary indulgence a pardon of all their sins.
This shows how the grant of a jubilee indulgence was expressed in those
days, an expression, it may be added, that has come unchanged down to
our own day. 150 To the people it was simply an indulgence a poena et culpa
and so also was it designated by contemporary chroniclers. 151 Bonifacius de
Amanatis (d. 1399), in his commentary on the present Clementine decree,
says that the pope only can grant a plenary pardon of all sins to those contrite of heart. This indulgence of all sins is an indulgence of temporal punishment only. The pope cannot absolve a poena et culpa, but only from
the temporal punishment. 162 And in his commentary on that other Clemtheologians
147
"Omnes vere poenitentes et confessos qui ... ad praemissam ecclesiam acannuatim ... a baptismo absolvimus a poena et culpa quam pro suis
merentur commissis omnibus et delictis." Potthast, Regesta, 23981.
cesserint
" 8 Paulus,
II,
143.
149
XXI
(1899), 69
f.
Villani, the Florentine chronicler, wrote with this indulgence in mind: "Fece
et grande indulgentia ... a tutti facca piena et intera perdonanza di tutti
suoi peccati, essendo confesso, o si confessasse, di colpa et di pena." Muratori, Rerum
131
somma
i
contrito
Kralis.
438
the practice
The
More
by
acts
1
"'
religious.
Munich iMS when it declares "Item quod nullum extraneum vel familiarem amicorum conmmnicent aut inungant nisi familiam
propriam et cottidianam secum in domibus existentem. Alioquin excovispecific
is
the
158
C. 2, De poenit, et remiss., V, 9.
"Nota quod solius roniani pontificis est, indulgentiam seu plenariam remissjonem
peccatorum conccdcre.
Et iste est unus abusus horum qucstorum qui concedebant
coruni tcmeritate bencfactoribus ipsorum plenariam rcmissioncm peccatorum. Hec
autcm indulgentia non operatur nisi corde conrritis, ct tunc peccata reniittuntur m
totum nuscricordia Dei, et pena etcrna pro eis inflicta tunc commutatur in terooralcni. Sicque dicta indulgentia nihil operatur quoad peccata jam remissa; opettitur ergo quoad ipsam penam temporalem, ut ilia censcatur in totum rcmissa.
154
Paulus,
155
II,
146.
On
8;
the question of the indulgence, cf. Paulus, Gesch. des Ablasses, II, i*4"4
Uer
Zeitscbr. f. kath. Theologie,
(191 2), 67-96, 252-79; Goller,
Ausbruch d. Reformation u. d. sp'dtmittelalterliche Ablasspraxis, Freiburg, 1917158 Archiv,
V, 580 line 34.
167 Ibid.,
IV, 366 line 16.
id.,
in
XXXVI
COUNCIL OF VlFNXi;
439
we
seldom.
is
That
canon
Mendicants
17
who
Text. Desiring,
to acquire
We
ZH- PP'^f.
lw C.un., VIo, De
excess, praelat.,
V,
6.
440
The
constitution of Gregory
however,
Comment. The
Quum
form in which we have it now. It was directed chicflv against the two
great mendicant orders, Dominicans and Franciscans, as is evident from
of
the text of the Munich
and also from the constitution Discretion
Gregory IX, of which it is a renewal. The third part, forbidding regular
MS
C.
1,
VI<\
De
De
decimis,
184 C.
1,
Vlo,
De
III, 13.
686, nos. 9
and
10.
COUNCIL OF VIEXNE
44
inaUy a separate, also unfinished, decree, 10 ' but w as in the course of revision
attached to the preceding ones, evidently to add its penalty of excommunication to those of the two preceding parts and bring it under the title de
poenis. 1 **
canon
who
by the
That the practice existed not in the order of the Friars Minor
was found also among other religious, is evident from the constitution Ex frequentibus, issued in 13 10, in which Clement declares that
he has heard many complaints by bishops, and from his own experience
knows, that many religious do not observe the interdict. 108 If the Friars
excluded.
only, but
ie5
166
187 Bull.
168
C.i,
De
are here singled out, it was no doubt because the practice was more
widespread among them by reason of the large membership of their third
order. 169
168
f.
(1414-18)
Council of Constance
so-called
and (3) the reformaof the Church in its head and members. It was opened November 5,
1414, in the cathedral of Constance, where all the public sessions were
held, and came to a close April 22, 14 18, consisting of forty-five sessions.
Owing to its long duration, the attendance varied. The largest number
present at any one time was 29 cardinals, 3 patriarchs, 33 archbishops, 150
tinction of the schism, (2) the repression of heresy,
tion
/
'
443
444
monks and
friars.
many members
vored the voluntary abdication of the three popes and the election of a
one. In January, 141 5, the representatives of Benedict XIII arrived to
propose a meeting of their Pope with the Emperor at Nice. Toward the
end of the same month, Gregory XII, through his representatives, announced his willingness to resign on condition that the other two popes
follow his example. The introduction of the method of voting by nations
instead of by persons broke the power of the Italian majority, which, together with a bitter attack on his life and character, left John no ground
new
to stand on.
but on
2, 141 5, he promised under oath to resign,
same month, disguised as a hostler and accompanied
On March
were
to
are null an
COUNCIL OF CONSTANCE
445
The
first
lTne
idea of the superiority of a general council over the pope did not originate
the Council of Constance; indeed, in 1415 it enjoyed the distinction of having
passed
its
century mark.
Its
first
when
in
of its own, but grew up, thrived, and became a disturbing factor in the Church
by mere force of external circumstances. In the course of its development it became
associated with other ideas still more inimical to the papacy. It reappeared in the
bitter struggle of Louis of Bavaria and the fanatical Fratncclli against
John XXII. It
grew in power and proportion under the pens of that evil genius of the fourteenth
century, William of Ockham, of Marsilius of Padua and
John of Janduno, all three
professors at the University of Paris, the two latter collaborating in the composition
of the famous or rather infamous Defensor pacts, a work directed against John XXII
and replete with the crudest revolutionary ideas. Louis the Bavarian welcomed the
work and enlisted its authors in his service. The Pope in a letter of April 3, 1327,
rebuked him for harboring and encouraging duos perditionis filios et vialedictionis
mmmos (Denifle, ChartuL, II, no. 864) According to the Defensor pads the Church
has no visible head. The primacy of Rome is the result of historical development.
The priority of Peter among the Apostles was merely a chronological one, for the
power and authority that he received was later conferred on all of them; hence he
stood on a level with the others. The pope has only the power of convoking a
general council, which is superior to him. His decrees have no binding force; he can
impose on the people only the decisions and interpretations of the general council.
The foundation of the Christian faith is the Holy Scriptures, whose interpretation
and explanation belong not to the pope but to the general council. Christian teaching
and the administration of the sacraments belong to the Church, the rest belongs to
the state, that is, to the temporal ruler. The spiritual power possesses no jurisdiction,
not even in the sacramental forum. The power of orders is indeed derived from
God, but all jurisdiction exercised by the Church is delegated jurisdiction. According
.
446
Having
established
irs
authority, the
council proceeded to suspend John XXIII (tenth session, .Mav 14, 1415). In
the meantime, Schaffhauscn being menaced by the imperial army, John
fled to Laufenburg, then to Freiburg in Brcisgau, and from here to Brei-
was seized
Weary and
was
life.
Two
self
the
council.
The next to resign was Gregory XII, and this he did with all the dignity
and independence becoming a pope. Though his adherents had by this time
dwindled to almost nothing, he is usually considered by Catholic historians
as the true and legitimate successor of Gregory XI. In keeping with his
promise to resign in the interests of union, he now sent to Emperor Sigismund (not to the council, which he did not recognize) as his proxies
Prince Carlo Malatesta of Rimini and the famous Dominican, Cardinal John
Dominici of Ragusa; the former, his loyal and powerful protector, the latter, his friend and adviser, who, since December 19, 14 14, had been his
representative at Constance.
two
conditions:
first,
The
reconvoked by himself
and, sec-
ondly, that neither Baldassare Cossa nor anyone representing him preside
at the session which accepted his resignation. These conditions were agreed
to and in the fourteenth session (July 4, 14 15), which was presided over
by Emperor Sigismund to give the impression that the council had been
called by a civil authority, Cardinal John of Ragusa, in Gregory's name,
reconvoked the council and authorized its succeeding acts. Thereupon
Cardinal Viviers bishop of Ostia assumed the presidency, and Malatesta,
name of Gregory, read the latter's resignation and abdication of all
rights to the papacy. These acts Gregory confirmed in the seventeenth
in the
Church, the sole organ of inand reduces the pope to a mere figure-head. It was restated by Conrad of
Gclnhausen and Henry of Langenstein, professors at the University of Paris, ana
e
perfected by two other members of that institution, Pierre d'Ailly and Jean U
Charlier de) Gcrson, leading spirits at the Council of Constance. Knccr, Die Evstebung
>"
der konziliaren Theorie, Suppl. vol. I of the Rihn. Quartalschrift, 1893; Hirsch,
Ausbildung der konziliaren Theorie int XIV Jahrh., Wien, 1903; Hull, Medieval
Theories of the Papacy (London, 1934), chapters VI and VII; Previte-Orton, The
Defensor Pads of Marsilhis of Padua, Cambridge, 1928. This is the first critical edition
of the Defensor pacts and from the viewpoint of literary workmanship a very remarkable work.
tive of all the faithful) the sole representative of the
fallibility,
COUNCIL OF CONSTANCE
To
447
in order.
The
meeting between him and the Emperor and deputies of the council at Perpignan (September-October, 141 5) proved fruitless. All efforts to overcome his obstinacy seemed but to strengthen it. Those who hitherto had
been his chief supporters the Kings of Aragon, Castile, and Navarre, and
of Scotland wearv and unwilling any longer to suppope whose actions w ere dictated by whims and whose hard stubbornness caused the failure of every plan for union, therefore pledged
themselves by the Treaty of Navarre (December 13, 141 5) to co-operate
with the council in everything that would extirpate the schism and bring
about the election of a new pope. St. Vincent Ferrer, hitherto his confessor
and chief support, now also abandoned him. He was deposed in the thirtyseventh session (July 26, 141 7) as a perjurer, a heretic, and schismatic.
The three popes being removed, the next step was to elect a new one.
Differences of opinion, however, arose at once over the priority of papal
election and curial reform. The Italian, French, and Spanish nations demanded an immediate papal election, declaring that an acephalous Church
is a deformity and monstrosity and that the election of a pope is the most
the representatives
port a
of the papacy and the Curia. They felt that when once
pope was elected all efforts at reform, saltern m curia Romana, would be
relegated to the limbo of oblivion, followed by the same old administrative
abuses. An atmosphere of uneasiness and suspense was created by this deadlock, which, however, was dissipated by the sudden death of Bishop Robert
in the administration
the
of Salisbury, the leader of the English nation at the council. The English
to the side of those three nations that desired an immediate
papal election, and thus the Germans were left alone. With the aid of the
I
'
in
(October 9,
its thirty-ninth session
first of which
1417) proceeded at once to pass five reform decrees, the
was the famous Frequens, which reads substantially as follows: In the future, general
The
448
later,
and
The pope may with the consent of the cardiperiods, but he may not extend them. The place of
is
in
against them, there existed the possibility that they or some of them might
afterward declare the election invalid on the ground that their freedom in
this matter had been curtailed by fear, and thus might give rise to a new
schism. Hence, to insure freedom of election and thus avoid a repetition
of what had happened soon after the election of Urban VI, it was agreed
that for this occasion only there should be added to the twenty-three cardinals six deputies from each nation represented at the council, making a
Church
in capite et curia
peals to the
Roman
2 Hefele-Leclercq, Hist,
ff.
chancery and
peni-
COUNCIL OF CONSTANCE
449
provisions of
Gregory
at the stake.
it was general,
vehement, and earnest. The many grave abuses connected
with the administration of the French popes during their seventy years of
residence in Avignon, followed immediately by the ravages of divisions
that rocked the Church to her foundations, divisions brought about mostly
by men guided by self-interest and politics, together with civil disturbances
that kept western Europe in a constant state of turmoil, created in the
hearts of all good people a supreme disgust with existing conditions. It soon
became evident, however, that those who had placed their hopes in the
council as an instrument to bring about a betterment of conditions were
"
Von der
Builar.
4
Gf.
450
doomed
to bitter disappointment.
was
set
a subject filled
form commission, but like its predecessors it also failed on the score of
unanimity. It was then decided to divide the reform decrees into two
classes, general and particular. The former to deal with points of general
reform on which all the nations represented at the council would unanimously agree, the latter to consist of special concordats between the Holy
See and individual nations. 5 To expedite the work, the Pope on January
20, 1418, laid before the council the drafts of eighteen general decrees,
formulated on the basis of the above eighteen points of the fortieth session
(he rejected number thirteen, which dealt with the deposition of the
pope), and declared that he would accept any or all that were unanimously
agreed on. Finally, after two more months of wrangling, the council m
the forty-third session (March 21, 141 8) came to such an agreement on
seven decrees. 6 These applied to the entire Church. Particular reform legis-
lation
it
The
was
left to
provision for
special concordats
is,
by
till
8 Hefele-Leclercq,
VII, 488 If.
*Ibid^ pp. 531 ff.
7 Ibid
n pp. 535; Hubler, Die Konstanzer Reform
1867.
which made
by
licit-
u. d.
Konkordate
v. i4 lSt
the
L^P2*'
COUNCIL OF CONSTANCE
45 I
ncss of tyrannicide, the claim that subjects have the right to put a tvrant
to death or cause him to be put to death for the
good and as a
common
public
this right
German Dominican.
in
Denzinger, Enchiridion, no. 690. This condemnation was renewed by Paul
Dominici gregis, January 24, 161 5.
"Bess, "Johannes Falkenberg, O.P. u. d. preusisch-polnische Streit vor d. Konstanzer
Konzil," and "Die Lehre vom Tyrannenmord auf d. Konstanzer Konzil," in Zeitschrift
Cwa
f. Kirchengeschichte, XVI
(1896), 385-464; XXXVI (1916), 1-64; Springmann, Polen
U de Deutsche Orden z. Zeit d. Konzil v. Konstanz, Freiburg i. Br., 1922.
10 l
"Quibus sic propositis, protcstatis, rcquisitis et oblatis, pracfatus sanctissinius dommus noster papa, cum nonnulli alii nuiltum dicerent ct turn ul turn faccrcnt, imposito
omnibus silentio, dixit, respondendo ad praedicta: Quod omnia et singula determinata
et conclusa et decreta in
materiis fidei per praesens sacrum concilium generate Constmtiense conciliariter tenere et inviolabiliter observare volebat et nunquam contravenhe quoquomodo. Ipsaque sic conciliariter facta approbat papa, omnia gesta in
concilio conciliariter circa materiam fidei, et ratificat et non aliter nec alio modo."
funk.Kirchengescbicbtl. Abbandl. u. Untersucb., I (Paderborn, 1897), 489-98; Hiibler, Die Konstanzer
Reform, pp. 263-80.
'
452
that
The
council
11
in
the
Denzinger, nos. 581-625, errors of Wyclif condemned in VIII session; no. 626,
kind, XIII session; nos. 627-56, errors of Hus condemned in XV
For the
stanz, Strassburg, 1899; Riegel, Die Teilnehmerlisten d. Konstanzer Konzils, Frelb "j
Januar
i. Br., 1916; Keppler, Die Politik des Kard'rnalskollegium in Konstanz von
Marz 141s, Munster, 1899; Hollerbach, "Die gregorianische Parrei, Sigismund u. a-
3-39'
in Rom. Quartalschr XXIII (1909), 129-65; XXIV (i?><
kirchlicnw
121-40; Sauerland, "Card. Johannes Dominici u. sein Vcrhalten zu d.
Unionsbestrebungen wahrend der Jahre 1406-1415," in Zeitschr. f. Kirchengesch^AH,
(1888), 240-92; X (1889), 345-98; id., "Kardinal Johann Dominici u. Papst Gregor
Giovanni
ibid.,
(1895), 387-418; Mandonnet, "Beitrage zur Gesch. d. Kardinals
ter
Dominici," in Hist. Jahrb., XXXI (1900), 388-402; Fages, Hist, de Saint Vincent
Konstanzer Konzil,"
.,
XV
rier,
Lou vain,
1901.
The Schism: Gayet, he grand schisme d'Occident, 2 vols., Paris, 1889; Salembier,
grand schisme d'Occident, Paris, 1902; transl., The Great Schism of the ]V ***j!
~ I9
York, 1907; Valois, La France et la grand schisme d'Occident, 4 vols., Paris, l896 y*'
Bliemetzrieder, Das Generalkonzil im grossen abendland. Schisma, Paderborn, I004M
Schisma,
"Raimund v. Capua u. Caterina v. Siena zu Beginn d. grossen abendland.
Hist, jahrb., XXX (1909), 231-73; Sechendorff, Die kirchenpolitische Titi8*?p
at)St
Souchon, Dte r P
Katharrna v. Siena unter Papst Gregor
'.
XI
wahlen
COUNCIL OF CONSTANCE
453
all
Many
the
Pope speaking
in these decrees.
454
De
elect., 1,6.
Cf. also
Gregory
ecclesiastica
i}>
COUNCIL OF CONSTANCE
455
Among
We
shall
(1431-49)
Council of Basle
History.
The
many
constituted for
that
is,
institution,
in
all
monarchy,
accordance with this theory that the Council of Con(October 9, 141 7) promulgated five
decrees, the first of which being the famous Frequens, in conformity with
which a general council was to be held every ten years, the following two,
however, were to be convoked by the pope after five and seven years rerepudiated these decrees. The quesspectively. Needless to say, Martin
tion was, who was to govern the Church: the pope or the council? The
successor of St. Peter, or a more or less self-constituted religious parliament arrogating to itself an authority without limit in matters of faith and
ecclesiastical government? Under the circumstances, however, the Pope
realized that it would be unwise and exceedingly hazardous to antagonize
the movement openly, however deeply he was convinced of the fatal consequences it entailed. The issue was brought into the open under Eugene
IV, and the full significance of his struggle with the Council of Basle can
be grasped only when we understand the venomous feeling underlying the
decree Frequens and the subversive potentialities it harbors. In accordance
with this decree of Constance, Martin
convoked a general council at
Pavia (1423), but its sessions had not yet begun, when in consequence of a
plague in that city it was transferred to Siena, where it was opened July
oligarchy.
It
stance in
its
was
in
thirty-ninth session
one
21, 1423. Beyond the issuance of four decrees of minor importance,
of them directed against the Hussites, nothing was done. Utilizing th e
small attendance as a pretext, the Pope on February 26, 1424, dissolved it,
but agreed to assemble a new general council at Basle within seven years.
That the Pope feared trouble of a revolutionary character in the forthcoming council and hoped for something to happen that would thwart
a
P~
its convocation, there can hardly be any doubt. As the year H3 1
proached and apparently no preparations had been made in Rome for the
to
assembling of the council, and rumors had it that the Pope was averse
456
COUNCIL OF BASLE
457
session
interdict. If
temporal affairs than to the reform of the Curia and clergy, this neglect
can be easily extenuated when we consider the deplorable condition in
which he found Rome and the Papal States on his accession. Unfortunately
the Council of Basle, in taking over the task in which Constance had so
wretchedly failed, took over also all the elements that had been at the bottom of that failure. It relegated the pope to the background, claimed for
itself the plenitudo potestatis, and ended even more miserably than did its
predecessor.
1
It
was on
May
30, 143
1,
six
458
The
month
later five
more
met (April
1)
to Sigismund,
who was
12), in a
deem
The
at
after
reasons assigned
in an Italian city.
The
first
December
i
14, 1431*
COUNCIL OF BASLE
459
were three bishops, fourteen nbbots, and a considnumber of doctors and clerics of the lower ranks. Four davs later
Pope issued a bull dissolving it and convoking another to be held eightmonths later at Bologna. Besides the report" of Bcaupcrc, the reasons
given were the agreement of Martin V
with the Greeks to hold a council
the
een
15) to
tolic
ter
7
.
*sle.
The widespread
than not only frustrated the dissolution but actually created from then
on a greater and more profound interest in the council. There is no doubt
that eventualJy it would have
become imperative for the Pope to exercise
^prerogative, yet under the circumstances it seems unwise to have resorted to it before the council had given good ground for such action. In
a warm yet frank and
strongly worded protest to the Pope, Cesarini
pointed out the evils that would inevitably result from dissolution and appealed to him to revoke the bull. In a second letter to the cardinals he
pleaded with them to use their influence with the Pope to change his mind,
otherwise actum est de statu ecclcsiastico. Sigismund chose a middle course;
he looked to the council to put an end to the Hussite wars, and to the Pope
for the imperial crown.
His sympathies, however, were with the former,
which he constantly warned against rash and overhasty measures against
the Pope. On
January 21, 1432, the council in an encyclical to the Christian world announced
its decision to remain in Basle and continue the work
of reform, at the same time sending a delegation to Rome to secure the
withdrawal of the bull. Cesarini resigned as" papal legate, and the council
Bishop Philibcrt of Coutances to succeed him. In the second public
session (February
Constance, that
15, 1432) were renewed the decrees of
the general council is superior to the pope, that the council has its authority
elected
immediately from Christ, that all Christians, even the pope, are bound to
it, even in matters of faith, and that all, even the pope, who refuse
such obedience are to be duly punished. In addition, it was decreed that
the Council of Basle could not be dissolved, prorogued, or transferred
obey
460
without its own consent. An assembly of French clergy at Bourges (February 26) favored the continuation of the council and decided to send representatives. A similar decision was reached by the Bohemian heretics, except the extremists. In a letter of April 7, the Duke of Burgundy informed
the council that he would send his own prelates and also use his influence
with the King of England to do likewise. All efforts to induce the Pope
to withdraw the bull of dissolution having failed, the council in its third
session (April 29) formally summoned him and his cardinals to appear
before the council within three months or be punished for contumacy.
The harmony that had hitherto existed between the Emperor and the
council now became strained. Sigismund wished to remain on good terms
with the Pope and the council. Constantly he had urged Eugene to make
some concessions to the council. Under the circumstances lie would be
content with two things, first, that the Pope extend to the council only a
partial recognition, that is, entrust to it the adjustment of the Bohemian
disorders, and secondly, that the Pope bestow on him the imperial crown.
The Pope promised both. In a letter to the Emperor he declared his willingness to let the council continue its discussions on the Hussite controversy, Church reform, and the establishment of peace, provided its decisions
be submitted to him for confirmation and provided also that steps be taken
for the holding of a general council at Bologna or some other Italian city
for the convenience of the Greeks. Eugene demanded from the Emperor
an oath that he would abandon the council in case the above provisions
were rejected. The plenipotentiaries, whom the Pope had earlier (April 15)
promised to send, arrived at Basle August 22. Their task was to restore
peace between the Pope and the council. In their addresses they pointed
out among other things that the authority of the pope is of divine origin,
that the monarchical form of government is the most perfect, having been
established by Christ Himself. The pope alone possesses the plenitudo potestatis. To him it belongs to convoke a general council and to preside over
it, and without his consent such a council is a revolutionary conventicle,
headed toward worse abuses. In reply the council maintained the superiority of a general council over the pope in all things that pertain to faith, to
the extirpation of schism, and to the reformation of the Church. Only God
and a general council are infallible. Many popes have erred. The history
of the Church, the writings of the fathers, and the decrees of Constance
furnish proof of the superiority of a general council.
In the sixth session (September 6), attended by three cardinals and
thirty-two bishops, an attempt was made to declare the Pope and the eighteen cardinals with him at Rome contumacious for having disregarded the
summons; this, however, was frustrated by the papal plenipotentiaries and
Cesarini's auditor. On October 10, there arrived at Basle two Bohemian del-
COUNCIL OF BASLE
46
egates to
This promiscuous representabecame a violently disturbing factor in the life of the council and
was instrumental in finally
running it^on the rocks, for it placed the vote
of a cardinal or of a
bishop on an'cqual footing with the votes of the interior clergy, many
of whom knew not w hat irVas all about, thus making
the votes of the
inferior, or so far as the council was concerned, of the
irresponsible elements
(which constituted the majority) the controlling
vote in the councils
decisions. Each committee performed its work sepation later
rately
and made known its decisions to the others, and then only was the
matter brought before a
public session of the council when a virtual unanimity had been obtained
among the committees.
In the seventh session
(November 6), in which Cesarini probably retne presidency, it was decided that in the event of the Pope's death
*J!i
daring the council, the
cardinals must w ithin sixty days be at Basle for the
conclave. Those who failed
in this were to be deprived of their revenues.
In the eighth
session (December 18) the Pope was given another sixty days
within which to withdraw
the bull of dissolution and to revoke the council
summoned to Bologna, under threat of canonical action in case of failure.
All
were begun discussions with them, which lasted till April without any reThe subject of these discussions was the four chief points of Hussite
sult.
462
claimed the superiority of a general council. On May 3 1 Sigismund received in Rome the imperial crown from the hands of Eugene and at once
notified the council of the event, requesting it at the same time to abstain
from further measures against the Pope until he himself should arrive. A
few days later (June 16) the council again rejected all offers of the Pope
and refused
pope
is
heathen and a publican when he refuses obedience to the council. In a decree enacted in the twelfth session (July ijX.the Pope. was allowed another
term of sixty days within which to wittulraw the bull of "dissolution and
declare his adherence to the council; failure to comply with this decision
within the prescribed period was to entail suspension ipso facto in spiritu-
COUNCIL OF BASLK
&bus et temporalibus,
463
of
all
Mn
464
Thus the partisans of the conciliar theory had won a decisive victory, and
peace had seemingly been established between Eugene IV and Basle. To
those, however, who knew the full implications of the decrees of the fifth
session of Constance and recognized the constitution of the Church as unchangeable, that reconciliation was more apparent than real. Instead of
acting as a restraint, the victory moved the Basle assembly to greater arrogance. On April 24, 1434, the papal legates were forced to accept the
decrees of Constance, which they did, of course, in their own name, and
two days later, in the seventeenth session, in the presence of the Emperor,
were informed that they might act as presidents of the council, but could
exercise no compelling jurisdiction. In the eighteenth session (June 26)
the decrees of Constance were again read, but the legates, evidently knowing what was coming, absented themselves. A revolution, fomented by
the Pope's enemies, broke out in Rome in iMay, 1434, and compelled Euflee, disguised in the garb of a monk, to Florence, where lie took
gene to
up
therefor.
kept
actions after 1437. The other was the De magna auctoritate episcoporum in generali
concilio (Mansi, XXIX, 512-33) of John of Segovia, one of the chief supporters of
the revolutionary faction at the council and one of the ablest defenders of the
revolutionary thesis of the superiority of the general council. The work appeared
in January, 1434. The author attempts to establish his thesis with a long array of proofs
and an almost endless list of texts from the Corpus Jut. Can.
3 Whenever the Eastern Empire was in danger from the Turks, the Byzantines
looked to the West for help and made reunion with the Latin Church an inducement to obtain it. Once the union was established and the danger averted, they again
hated the union and again cursed the Latins. That is what happened at the Second
Council of Lyons (1274) and the story was now to be repeated, though in the
present instance the union was not formally repudiated till a year after the fall of
the Easrern Empire (1453). In 1360 Adrianoplc became the residence of the Turkish
sultans. This was followed by the seizure or Macedonia, Bulgaria, and Servia. 1 heir
objective was Constantinople and everyone knew it. Unless help came from the West
and came soon it would be only a matter of a short time when the fair city on
the Bosporus would be in the hands of the dreaded invaders. Negotiations with
the Latins were begun early in the fifteenth century. In 14 18 an embassy from the
Emperor and the Patriarch of Constantinople appeared at the Council of Constance.
Four years later Pope Martin
sent an envoy to Constantinople to sound out the
feeling toward reunion, but four days before his arrival the Turks had abandoned
their siege of that city, and so no help was needed and consequently no union was
wanted. In March, 1430, the Turks took Thessalonica (now Saloniki) from the
Venetians, thus robbing Constantinople of one of its last bulwarks. Emperor John
VIII (Palaeologus, 1425-48), realizing that something must be done at once, sent
an embassy to Martin
with whom he reached an agreement to the effect that
a general council for the purpose of reunion was to be held in an Italian city. This
was the reason why Martin
preferred an Italian city to Basle or any other city
COUNCIL OF
BASI.E
46^
no agreement could he
should be held. Another delegation was sent to Constantinople.
About the same time the Pope informed
the council of his own negotiations
with the Greeks, wherebv an agreement had been reached that the council for reunion was to" be held
at
Constantinople in the presence of Apostolic legates. Of this agreement the
Greek Emperor sent word to the Basle assembly. A new conflict
nowbroke out between the Pope and the
council. For some time past combegan to multiply in various quarters that the council was doing
or nothing in the matter of Church reform. Foremost among these
complainants was Sigismund, who had repeatedly urged the council not
plaints
little
to
waste so much time on private affairs nor to drag before its forum quarof a secular nature; to assume a more respectful attitude toward the
rels
Pope and to recognize once and for all that the composition of its commitof members of all nations and orders is the cause of its sterilitv. These
committees, he said, ought to be dissolved and arranged along the lines of
the procedure of Constance,
that is, keep separate the various nations and
orders, or the council ought
to adopt the method of procedure of the eartees
lier
its
session
(January 22, 1435) four reform decrees against clerical concubinwith those excommunicated, abuse of the interdict, and
inordinate appeals. In the next session (June
9) eleven such decrees were
enacted, of which the first and most important abolished annates and all
the customary papal
taxes, thus reducing the papacy practically to a state
of bankruptcy. On
August 6, papal collectors were commanded under penalty of excommunication
to appear at Basle within a specified time to give
an account of their receipts. Under the same penalty all outstanding obage, intercourse
ligations
outside of Italy, and, if he finally accepted Basle, it was for the sake of peace. This
agreement provided that the Emperor and the Patriarch of Constantinople, the three
other Oriental patriarchs,
and many bishops and persons of high rank in the Empire,
altogether about
700 Greeks, were to attend it. The Poj>e was to provide the ships
0 brin all these
g
people to the council and afterward take them home; was to pay
the expenses of
the journey and the expenses also during the time of their stay at
the council; and
last but not least, he was to send armed vessels for the protection
^Constantinople in the meantime. Martin V, owing to his sudden death, could not
fulfil this promise,
but the matter lay close to the heart of his successor also, and
was for this reason that Eugene preferred an Italian city. Unfortunately there
were two powers in the West, each claiming to represent the Latin Church, that
panted to negotiate with the Greeks-Pope Eugene and the Basle assembly. Consent with their traditions, the Byzantines in the end decided to discard the assembly
4 66
Decrees
25, 1436) was devoted entirely to the reformation of the Curia.
were enacted dealing in detail with the future conclave. The newly elected
pope must declare on oath that he will observe the decisions of Constance
and Basle, which oath must be renewed annually on the anniversary of his
election; in the same decree the pope is instructed at length how to rule the
Church. The number of cardinals was limited to twenty-four; these were
to aid the pope with their advice and, in the event of its non-acceptance by
him, were to report the matter to the next general council. The patience of
Eugene in the face of the ever increasing aggressive attitude of the assembly
was now exhausted, and he realized that conciliation was out of the ques.
The
couxcir. or
46-
HASJ.r.
bv
the citizens
Basle found
necessary to station soldiers in the cathedral
to prevent physical conflict. From three
o'clock in the morning Cardinal d'AIlemand was in the
cathedral with miter and vestments
on
it
ro forestall
else to
sing the high mass. Both factions read their decrees at the same
time,
one from the pulpit, the other
from some other elevated place in the
church. The Pope approved the
decision of the minority, and the Greekenvoy declared it acceptable to the F.mpcror. For this Kwgenc was, in
the
assembly to abstain from further attacks on him and on his cardinals and
it thirty days more
to bring the Bohemian controversy to an end. At
the same time he gave notice
that even in the event that the assembly should
mend its ways, the council would be transferred to Ferrara, a city acceptable to the Greeks. In its
twenty-eighth session (October 1) the Pope was
C
contumacious, and in the following one (October 12) the sugave
^ ,^f^
if,
^now became
a body of schismatics. 4
At Ferrara the council opened January
who
and void.
The methods
and prelates; and (3) doctors of theology and canon law, etc. A twowas required in each class to make its vote effective. The
thirds majority
*
was Albrecht
9, 1437. His successor
one year was succeeded by Frederick III.
who
after a reign of
II,
"
468
second session was held February 15. It was presided over by die Pope
and attended by seventy-two bishops, a large body of priests, doctors of
theology, and others. In it the members of the Basic assembly were excommunicated. In July, 1437, Eugene hired a fleet of ships in Venice and
sent them to Constantinople to bring the Emperor and his bishops to Ferrara. It reached the Eastern capital in September and, while it was waiting
there, another fleet arrived (October 3), sent hv the Basle assembly to take
the Byzantines to Avignon. This so provoked the captain of the Pope's
fleet that he was with difficulty restrained from sailing out to fight the
fleet of the assembly. However, the Greeks realized that if there was to
be a reunion it must be brought about by co-operation with the Pope and
an
and
its fleet.
They
Italian city; so
as a noli
me
tangere.
four: the
')
at mass,
COUNCIL OF BASLE
tf idle excuses,
469
Eugene gave
t0 reach
Jus residence in Rome. He was one of the most learned men of his age and became
a
1
movement. Well versed in Greek and Latin, a tireless
" " I Renaissan
cSlp r
re k nia "uscripts, he was one of the first to acquaint the Western
wlJl
? the
*f f
wona with
forgotten Greek classics. Isidore, who is not to he identified with
iswore or Thessalomca,
returned to Kiev and announced the union, was arrested
deposed; he turned to Rome
and was sent by Nicholas V as legate to Con*antinople. He witnessed
the fall of the dry (1453) and escaped death only bv
oressing a corpse
his cardinal's robe. While' the Turks were beheading the lifeless
way, Isidore was on his
way to Asia Minor disguised as a slave. On his return to
made bisnoP of Sabina, having presumably adopted the Latin rite.
An rh
erestin
ure
n the negotiations for reunion was Patriarch Joseph II
&
?
<rf Co n ta
ltlnopl e He was in favor
of reunion but did not live to sec it accomplished,
He ~?.K*l j 6 l
*
while the council was still in session, having before his death
acce
j the
k
accepted
union in writing. He was buried in Florence in the Dominican church
wa. Maru Novella. There he still
lies, far removed from his beloved patriarchal
^VjJJn the side of the Latins, the two leaders in these discussions with the Greeks,
ear^ er discissions with the Bohemians, were the Pope's former legate
to nasle,
BaJ Cardinal
Cesarini, and the Dominican theologian, John Torquemada.
ot on
on the point of doctrine but also in the matter of precedence and
niai
"iquette in general was the question of reunion retarded and complicated,
/?
In t
Conn ction lt ma be said
that the more the imperial power of the Byzantines
y
?
waned
,
a the
higher rose their pride, and at no period of their history do their arrogance
j conceit stand out in bolder relief, than when they stood like beggars on Western
*>u pleading for
help against the dreaded Turk, whom, when he became their master,
ey loved more,
in spite of his cruel oppressions, than they loved their fcllow^nrisaans of the West
who had done so much for them. Even now when their
C Stood on the verge of
complete disaster, almost forgotten by the Western
Wod, a poor Greek king
entered Ferrara at the head of a sumptuously bedecked
"V
.
w??
ctulue claiming
recognition
J^ar. While
to
470
the pest in Ferrara and also to financial straits (for the Pope was paying
all
Emperor and
his
large
known
for
its
0
teaching regarding the sacrament of holy orders. 1
followed February
4, 1442,
by
his
Decretum pro
his
was
council the Greeks grumbled and sulked, and more than once threatened to go
()
# a^'
if they were not treated properly, though it was they who had everything t
8 The Latin and Greek text of the bull is given by Hefele, German ed., VII, 746-53
French, VII, 1037-43. Denzinger, nos. 691-94.
Denzinger, nos. 695-702.
COUNCIL OF BASLE
of Syria. 10
471
On
7,
it
came
to an end.
In the
posed him as a heretic and schismatic, and to crown its infamy the assembly (October }o) elected as
his successor Amadeus, former duke of
Savoy, who took the name
of Felix V. This election, in which one cardinal, eleven bishops,
seven abbots, five theologians, and nine doctors of
law took part, turned the
world against Basle. Quarrels between Felix
and took
The assembly held its forty-fifth and last
session at Basle May
16, 1443, and in it decreed that the next general council be held
at Lyons in 1446 and that in the meantime the Basic assembly
should continue its work.
Should the city of Basle become unsafe, then
the assembly was
to be transferred to Lausanne. On February 17, 1448, the
Vienna Concordat was concluded between Emperor Frederick III and
Pope Nicholas V, the successor of Eugene IV. The latter had died Febru**Y 2 3 1447- This concordat defined the pope's rights in the collation of
benefices and specified the
sources of revenue to take the place of the
abolished annates and other
papal taxes. This agreement spelled the doom
f the rebellious Basle
assembly, for the Emperor could now no longer
permit its existence in the city of Basle. And so in June, 1448, accompanied
by 500 armed
men, the members retired to Lausanne. Here in the second
session (April
7, 1449) Felix V resigned and made his submission to Nichin
December, 1442, he
left Basle
the
^ncil^of
l0
Basle to a close.
472
Whether
December
ecumenicity covers not all the decrees enacted in those sessions, as the
moderate writers of the Gallican school would have us believe, but only
those that were enacted in fulfilment of the council's purposes (extirpation of heresy, establishment of peace, and reformation of the Church)
and are not prejudicial to the authority of the Apostolic Sec. There has
never been any question regarding the ecumenical character of the Council
of Ferrara-Florence. Florence was the continuation of Ferrara, just as
Ferrara was the continuation of Basle. 13
78 f.
Raynaldus, Continuatio annul. Baronii ad an. 1446, 3.
Sources: Mansi, Conciliorum coll. ampliss., XXIX-XXXI; Hardouin, Conciliorum
Basely
coll., VIH-IX; Concilium Basileense. Studien u. Quellen zur Gescb. d. Konzils v.
von Haller, Herre, Beckmann u. a., 7 vols., Basel, 1896-1927; Deutsche Reicbstagsakten,
Hergenrothcr,
VII-XI. Literature: Hefele-Leclercq, Hist, des conciles, VII, 663-1
12
is
147;
d. allg. Kbrcbengeschicbte, III, 196-252; Valois, La crise religieuse du
2
et le concile (1418-fo), Paris, 1909; Haller, "Die Protokolle d.
Gesch. d.
v. Basel," in Hist. Zeitscbr.,
(1895), 385-406; id., "Beitrage zur
2 7
and
ff
Zeitscbr.
KonzU v. Basil," in
(1901), 9
f. d. Gescb. d. Oberrheins,
A
Behtirden-
XV
Handbuch
Steele.
^P ^
Le pape
LXXIV
XVI
cf.
Hergenxother, op.
cit n
and Funk-Bihlmeyer,
COUNCIL OF BASLE
Of
Every
cleric,
were
473
issued
by the council
in
whatever may be
his status, condition, order, or digafter the publication of the present constituchurches is still a notorious concubinarius. shall
period of three months of the revenues of all
his benefices, which
his superior shall return or apply to the churches
from which they were derived. Moreover, the superior, as soon
as he
becomes aware of the transgression, shall warn every concubinarius
to dismiss the concubine
infra brevissimum terminum. If the concubinarius fails to do so or, having done so, takes her back or takes
another, this holy council commands that he be deprived of all
his
nity,
474
women
in
all
the excommunicated,
COUNCIL OF
IJASLE
475
Since
in the
city,
That processes or actions at law may be the more speedily terminated, a second appeal
is hereby forbidden if it is question of the
same complaint or if appeal
is taken from the same interlocutory
aentence when that sentence has not the force of a final judgment.
He who appeals
In the
476
anything else no matter under what title, color, or name it may pass.
Only the writers in the chancery office, the abbreviators and registrars, shall receive a suitable compensation for their work. Whoever
presumes to demand, give, or promise anything in contravention of
this decree, shall incur the same penalty that is imposed on simoniacs, and to the benefices and the like that they have thus obtained
they have no right or title. All obligations and promises made, as
well as all censures and commands imposed, that are at variance
with or contrary to this most salutary decree are null and void.
And if (which God forbid) the Roman pontiff, whose duty it is to
enforce and guard the canons of the general councils, should act
in contravention of this decree and scandalize the Church, let him
be denounced to the general council. All others shall, according to
the degree of their guilt and in accordance with the canonical prescriptions, be duly punished by their superiors.
6
title,
refers to
inquiries
COUNCIL OF BASLE
and ferial offices.
477
Those who
carrying
Whosoever
With regard
but
47 8
the hours, whether during the day or night, reverently and distinctly
and in a place where they will not be distracted in their devotions;
for which, moreover, they ought to prepare themselves in accordance
with the inspired word "Before prayer prepare thy soul, and be not
as a man that tempteth God." 15
:
10
ecclesiastical benefice, especially of the major
class, who during the time of the divine offices wanders around
either inside or outside the church or carries on a conversation with
others, shall lose ipso facto the revenues not only of that hour but
of the entire day. If after one correction he does not amend his ways,
he shall lose them for a month, and for repetitions of the offense
he shall be subjected to severer penalties. Neither is it to be toler-
Everyone holding an
ii
That all things may proceed with order in the house of God
and that everyone may know what he has to do, it is decreed that a tablet be hung in the choir, and thereon shall be written the ecclesiastical
functions of each one of the canons for the entire week, what he has
to read, sing, and the like. He who neglects per se vel alium to attend
hour
to the function assigned to him on the tablet, shall lose for each
the revenues of one day.
is
The
by
their superiors.
13
v
will satisfy their creditors at a specified time or absent themse
from the divine offices, is hereby abolished, and every obligation
"Ecclus.
18:23.
COUNCIL OF
BASI.K
479
so
that a chapter of the canons be held during the time of the celebration of a missa major, especially on
solemn
festival days, unless the matter is urgent. He who for no urgent
reason
assembles a chapter at that hour shall be suspended for a week from
distributiones quotidianae, nor shall the canons themselves receive of
the distributions for that hour.
15
(151 2-17)
among
the cardinals
in conclave,
promised under oath that he would within two years cona general council. Year after year passed, however, and the promise
remained unfulfilled. Urged on by Emperor Maximilian I and especially
by Louis XII of France, five cardinals, dissatisfied and displeased with the
Pope
voke
Julius
II
setting
September
1,
151
1,
(May
as the
day for
its
his
were declared null and void. To frustrate the designs of this assembly,
on July 18, 151 1, by the bull Sacrosanctae Romanae ecclesiae, convoked the Fifth Council of the Lateran and fixed April 19, 15 12, as the
1
Julius,
days later he addressed an admonition to Cardiand Borgia, the leaders of the opposition, demanding the withdrawal within fifty days of the convocation of their schismatiThis
cal council under penalty of deprivation of their dignities and offices.
was followed (October 24) by their excommunication and deprivation
date for
its
opening.
Ten
place
ten sessions.
Owing
where
it
else,
w
following ones at Milan. In the last of these the Pope
threaten
all spiritual and temporal administration and
1
*/
with further penalties if he continued his disobedience toward
JJ
sembly. In consequence of this action, the assembly was compels
the
leave Milan. Its ninth session was held at Asti in Piedmont, and
Pisa; the five
suspended from
one
at
Lyons (July
6, 1512).*
1,
48
and on April 29, by the bull Romanus Pontifex* to May 3. In the meantime a committee of eight cardinals had been appointed to make
all necessary preparations. On May 2, the Pope, accompanied by sixteen
cardinals,
e ighty prelates, and a large
military escort, went to the Lateran Palace.
born schism, that is, the pseudo-council of Pisa, to promote the reformaclergy and laity, to promote peace among Christian princes, and to
tion of
consider ways and means of organizing a war against the Turks. Decrees
were enacted dealing with all these five points. Owing to the long duration of the council, the
attendance varied much, ranging from 100 to 150,
n ost|y
l
Italians.
The
first
May
10,
151
2.
Present
promised to revoke. 6
and in form
The
council's advocate
demanded the
abolition of
An
pp.
it
was a poor
596^98.
the Archbishop of Lyons, Francois de Rohan. Louis attended in person but forbade
the papal representatives to follow him there. Its purpose was to consider and adopt
disciplinary measures against the Pope. In it was conceived the pseudo-assembly of
Pisa.
482
mission before which the French were to defend rhcir position, at the same
time fixing the term within which to appear at sixty days. The subject
the
in the fifth session (February in\ i>/)- Owing to
was
of the Pope, Cardinal Raphael of Ostia' presided. 'In this session
elecpublished the bull S( suimmis rervm opifcx.' against simony in papal
apostate,
tions, declaring such elections invalid and the one so elected an
was continued
illness
by him
all
offices.
Ihey
are
is-
from acting
pope canonically
as witnesses,
elected.
On
ing
February
March
21,
follow-
of age,
1 1
that as
pope
Giuliano della Rovere he pardons the schismatic cardinals, but as
the new
condemns them. After the sixth session (April 27), over which
owi h
Pope presided, the work of the council progressed more rapidly,
busines^.
method for the transaction of
c aes
the prelates for the discussion of
Q
preparatory to their presentation to a general session of the coun
to the adoption of a
It
was
difficult to
more
efficient
assemble
all
to the
^^
r
by the Pope, had enacted many useful reform decrees, and it was
m_
France and other secular powers to prevent these decrees from becoming
plete failure. No less to their interest was it to prevent a new schism.
y'H
these questions and to define the position of France in regard to them, *^
on f ron
summoned a national council to meet at Bourges in May, 1438- 1* VV3S jj sc; anC g^le
May to June 7. It declared itself neutral in the quarrel between the Pope
0f
nvcnt
and in the end, in opposition to the papal representatives, accepted
^-j ie king
the Basle reform decrees, modifying some to meet conditions in l rancf'j
uncil
or t ie c0
accepted the result under constraint to appease the powerful prelates
whic
issued an edict,
and on June
Pragmatic Sanction,
,
'
^^^j
known
as the
som
nothing else than the twenty-three decrees and the modification of
_
tiQtlVy
the
_
included a number of Basle decrees that Eugene IV had condemned,
foBf
re
in
of a general council over the pope, the holding of general councils at
^^ty
a
secular
of
vals, limitation of papal reservations, etc. The edict was a law
upon
purely
and
shameful infringement
constituted a
See. Hefele-Leclercq, VII, 1054 sqq.
Hardouin, IX, 1656-60; Bullorturn Rom^ ed. Taurinen.,
ecclesiastical affairs
of the
7
Holy
V,
53
6_ 37*
483
create interest
little
more
to
On December
do than
give
its
placet.
mms*
teachings
The
officials, as well as
May
Bull.
Rom., ed.
cit.,
no. 738.
For a
full exposition
1723-M.
Ibid^ 1747-58; Bull. Rom., V, 604-14.
484
haustively with reforms in the Curia, in the lives of the cardinals, the
clergy, and people. Complaints were made referring to the stubbornness
was therefore made that they be declared contumacious, but the Pope
the
1. In this session was published
constitution (nter vmltiplices, ia which dealt with certain aspects of the
montes pietatis' or pawnshops, that is, institutions under ecclesiastical supervision that loaned money to the poor only, without interest or at low
in
rates of interest, the security for which was covered by objects left
pawn, with a view to protect needy persons against the greed of usurers.
The Pope and the council declared these institutions in no way illicit or
morally wrong, but rather meritorious, and whoever wrote or preached
against them in the future incurred excommunication latae sententiae.
again extended the term to October
dio-
The
XII
great victory
who
won by
1,
Louis
of
I of France, the successor
(Septemover the Swiss at Marignano
the rop
reputation in Italy and left to
Francis
15 15,
no other
v.
13
Munchen,
16 Ibid.,
1779-81; Bull. Rom.,
17 Hardouin, IX, 1781-82.
1903; Catb.
intjedia,
Encycw
485
replacement by
policy, and thus bring
its
paid a high price. It granted to the French king the right of nomination
not only to five hundred ecclesiastical benefices, as Charles VII had reall the benefices in the French kingdom, thus placing the
control and disposition of ecclesiastical property together with its perquested, but to
sonnel in the hands of the king. Of the morality of the concordat nothing
need be said here. It governed the organization of the Church in France
till the French Revolution. However, notwithstanding the magnitude of
the concession, it was not without beneficial results, though these were
entirely absent from the minds of the original partners. In the first place,
it was tantamount to a repudiation of all the antipapal acts of the Councils
of Constance and Basle; and secondly, it constituted the chief barrier that
prevented the so-called Reformation from securing a foothold in France,
for, with ecclesiastical property in the hands of the civil authorities, French
royalty had nothing to gain from the Reformation.
In the eleventh session (December 19, 15 16) was published the important constitution Supernae majestatis praesidio on the art and obligation
of preaching. 18 In' this document special attention is called to the observance of the constitution Religiosi of Clement V. 1 * After this, the concordat was solemnly and unanimously approved and the constitution
Pastor aeternus, outlawing the Pragmatic Sanction, was published. 20 This
constitution reaffirmed the authority of the pope over general councils,
Unam
called
upon
constitution
to repudiate
it.
Clerics
were to be deprived of
who
their offices
to hold others, while secular rulers were to Jose the fiefs received from
disturbing
the Church and rendered unable to receive such in the future.
18 Ibid.,
19 C.
30
1806-09.
21
22
...
33 C.i,
Extrav. comm.,
De major, et obed.,
De privileg., V, 7.
yo-H *nd
I,
8.
5**"3 2 respectively.
in
the
486
factor in the council for the past three years had been the old
As
conflict
on the part of
rhc bishops
it
was
the same old request, that the privileges of the regulars be withdrawn and
that they be placed under the direct supervision of the bishops. To meet
this situation there was published in this session the much debated bull
Dum
in
by which the
curtailed. 25
some measure
(March
16,
15 17)
all
An
were confirmed.
wholly to the lack of interest and co-operation on the part of the secular
powers, suspicious of one another and too much absorbed in their own
petty quarrels and intrigues.
There were not wanting bishops who expressed regret at the early
been
dissolution of the council; yet it is difficult to see what would have
the advantage of its continuance. Only a few months later (October 31,
15 1 7)
Luther
church door
Leo
at
its
No
have
an array of corrupt cardinals and self-interested bishops, could
roots
revolt. The evil was too widespread and its
decrees
lay too deep to be destroyed overnight. Many salutary reform
they
had been enacted by this Council of the Lateran, but unfortunately
apwere not enforced. In the highest ecclesiastical circles there docs not
hesipear to have been any real desire for reform. Leo X himself did not
playe
tate to ignore repeatedly the decrees in the making of which he
bishops,
whose
privileges
revenue.
tinued and,
lastly,
ecclesiastical dignities
their sources
on children con
commendatory
benefices
CT
>^
26
this
German
controversy during the council, cf Heteie,
.
From
December
19,
151 3):
Since in our days the sower of cockle, the ancient enemy of the
human race, has dared to disseminate some pernicious errors concerning the nature of the rational soul, namely, that it is mortal
and
one and the same in all men and that this is true at least in philosop hy,
we wish to adopt suitable remedies to counteract them. Wherefore,
with the approval of the council we reprobate and condemn all who
assert that the intellectual soul is mortal or is one and the same in
all men, and likewise
all who seek to cast doubt on these truths; because the soul is not only vere per se et essentialiter the form of the
human body, as was defined by our predecessor Clement V in the
Council of Vienne (canon 1), but it is also immortal and separate
and distinct in each body in which it is infused. This is evident from
words of our Lord when He said, "they cannot kill the soul"
(Matt. 10: 28), and again, "he that hates his soul in this world, preserves it unto life eternal" (John 12: 25). It is also evident from the
fact that He has promised eternal reward and eternal punishment according to the merits or demerits of each, otherwise the incarnation
and the other mysteries of Christ would be of no avail to us, nor
should we look forward to a resurrection, and the holy and just would
be, according to
the Apostle, the most miserable of all men (I Cor.
x 5'
19). And, since truth does not contradict truth, we declare that
every assertion contrary to truth illumined by faith is absolutely
false, and to teach otherwise we strictly forbid; and we decree that
all who adhere to
errors of this kind be avoided and punished as
heretics and infidels seeking to destroy the Catholic faith. Moreover,
we strictly command all professors in universities and other public
26
Hardouin, IX, 1 559-1875; Hefele-Leclercq, VIII, 297-557; Hergenrdther, Handbucb d. allg. Kircbevgescbicbte, III, 5th cd., 287-93;
A.u gla, "Studien zur Gesch. d.
Laterankonziis," in Sitzungsbericbte d. k. Ahademie d. Wissenscbaften, hist. Klasse>
Wien, 140 (1899), 152 (1906); Diet, de theol. cath., VIII, 2667-87; Pastor, History of
te Popes, VI-VII; Renaudet, Le concile gallican de Pise-Milan 1510-12, Paris, 1922;
Baudrillart, Quatre cents ans de concordat (Paris, 1905), pp. 42-145.
'
488
institutions of learning that when they teach or explain to their students those principles and conclusions in which these false teachers
are known to deviate from the truth, namely, the mortality and unity
or oneness of the soul, the eternity of the world, etc., they make every
effort to offset and refute those false teachings by presenting clearly
on these points the truths of the Catholic religion. And since it is
not enough to remove the seeds and cut the roots of thistles, for unless they are completely pulled out they will spring up again, so too,
since the long study of human philosophy, which God according to
the Apostle has made foolish (I Cor. 1 20), without the seasoning element of divine wisdom and without the light of revealed truth, leads
to error rather than to the elucidation of truth, we by this salutary
constitution, with a view to destroying every occasion and vestige of
and
error in regard to the above points of Catholic teaching, ordain
decree that in the future no one constituted in sacred orders, whether
of
secular or regular, shall -be.gbjjgedjU) devote his time to the study
philosophy and poetry forfive years after the study of grammar and
theology
^ dialectic without at the same time pursuing some study of
deor canon law. If after the completion of five years he wishes to
the
vote himself to these studies, he is free to do so, provided he at
e
same time or separately (simul aut seorsum) prosecutes zealously t
study of theology or canon law, so that in these professions the pries
may find a means wherewith to cleanse and heal the infected roots 01
:
'
From
May
5,
,
5 4)-
of God
1. Since there is nothing more injurious to the Church
than the promotion of unworthy prelates to the government of
Churches, we ordain and decree that in the future vacant P at " arC
metropolitan, and cathedral Churches as well as abbeys beJillfiiM^
accordance with the requirements of the constitution of Alexan
0
inThe Later an Council, 27 that is, with persons of mature age, g
mo raf^ara^er7~aTlorth e necessary learning, and not at the inst ^
o cf
of anyone, nor through commendam and administration or any
o
manner, unless in consideration of the needs of the Churches
ti^
consideration of prudence, nobility, uprightness, experience, or
c
honored courtesy or common consent (curialitatis antique)
0
bined with the required learning, it should appear expedient
'
Alexander HI
in the
3.
489
vacant bishopfilled with persons who have not yet attained the
year of age, dispensations may be granted in the case of the
formej^to _those only who have completed their twenty-seventh
year,
anofln the case of abbeys to those only who have completed
their
twenty-second year.
rics
thirtieth
2.
realized,
we
of the
^est _^ r<*inal
wha"t wiTTbe conveyed to them by the referee colleague. The candidate is bound by an old and laudable custom, which is to be strictly
observed, to visit the cardinals in the Curia as soon as possible.
3-
not even in the case of a notorious crime may this be done without
an examination of the parties seeking such deprivation and without
satisfactory proof. No prelate is to be transferred against his will except for weighty and legitimate reasons, and then in accordance with
the form and decree of the Council of Constance. 28
28
"
490
As
given
re
eorumdem, et cum subscription, de cetero fieri non dcberc. .* n
n ita
caU!,a co g
ut abbatcs, aliique perpetuo benehciati, inviti absque justa ct rationabili
A, t jo
hsc
su
amovcri seu privari non debeant. Adjicientes, quod in mutationibus abbatum
-{j USi
cardinalium interveniat, sicut in cpiscopis est pracmissuni; salvis consntu
m_
u,
consuctudinibus, et privileges ecclesiarum, monasteriorum ct ordinum <l uor
^ c f orc
que." The decree was published in the thirty-ninth session (October 9 J4' 7 '
a
e
\
the election of Martin V, but remained practically a dead letter, vv
^
ag
Sixtus IV, Bishop Nicholas of Cammin was to be transferred to Ermland
^
will and contrary to this decree, it was argued in consistory that Mart
the
approved only those decrees dealing with matters of faith, that is, those a nStance
current major heresies. Raynaldus, Aimed., ad an. 1478, no. 47. The decree or
is given in Hefele-Leclercq, VII, 465.
partis
^^
^
49
we decree
that no financial burdens of any kind be laid upon the revenues of these churches, except ex resignation's causa or for some
other reason considered in our secret consistory as just and proper.
5.
decree furthermore that in the future parochial churches,
major dignities, and other ecclesiastical benefices with revenues that
do not reach annually the sum of 200 ducats according to the common
value, as well as hospitals, leper institutions, pilgrim-houses, and the
like, which have been established for the poor, whatever their value,
may no longer be given in commendam to the cardinals of the Roman
Church or conferred under any title whatsoever on anybody, unless
they have become vacant through the death of their servants (familiafes), in which case they may be given in commendam to the cardinals,
who, however, are bound to give them over within six months to persons capable and agreeable to them, without prejudice to their right
of regress to these benefices.
6. Branches of churches, monasteries, and military orders are not
to be separated from their mother foundations without reasonable and
legitimate cause. Uniones perpetuae may not be established except in
cases permitted by law or without a reasonable cause.
7. Dispensations for more than two incompatible benefices may
not be granted except for weighty and urgent reasons to those only
who are qualified According to the form of the common law. Those
persons, whatever their dignity, who hold more than four parochial
churches or their perpetual vicariates and majores et principales
dignitates, we limit from now on to a period of two years, within
which they must resign all but four into the hands of the ordinary,
who shall confer them on others, notwithstanding any, even general,
reservation or one resulting ex qualitatibus resignantium personarum.
If at the expiration of this term the required resignations have not
been handed in, then all benefices shall be regarded as vacant and be
freely bestowed on others, the negligence to resign, however, to be
punished in accordance with the constitution Exsecrabilis of John
XXII.29
likewise decree that special reservations of benefices of
any and every kind are no more to be granted at the instance or re-
We
We
quest of anybody.
of
this constitution
concerns
itself
Dc
pracb. et dignitat.,
III.
492
require;
far as justice and equity demand and their dignity and state
let
but, having divested themselves of all prejudice and self-interest,
them strive to end disputes and bring about peace among all. Let them
with pious zeal promote the just undertakings of princes and all others
but especially those of the poor and the religious and, as becomes
optheir office, let them so far as their resources will permit aid the
if
present in the
sm
absent, through a competent vicar, visit the tituh
churches
loca, make inquiry concerning the clergy and people of the
and
subject to their title, shall be vigilant regarding divine worship
an
the properties of those churches, inform themselves about the life
morals of the clerics and people and with paternal affection admonish all to lead upright and virtuous lives.
of his
5. For the increase of divine worship and for the salvation
hie
soul, each cardinal shall donate to his titular church either during
e
or by will in mortis articulo as much as is necessary for the suitab
Curia, or,
if
repairs
priest, or, in case the church should need
as
or other aid, let him make his donation for this purpose, according
his conscience may dictate.
and we 16. Although relatives, especially
if they are poor
or,
deserving, are not to be neglected but are rather to be cared
or s
nevertheless, they may not be provided with many benefices
os
enriched by means of ecclesiastical revenues that others sustain
athrough such generosity; a practice that opens the way to scan
spen
decree, therefore, that the goods of the churches be not
0S
thoughtlessly or squandered, but applied to good and pious P ur P
wish also that the cardinals give due attention to the nee
7.
a
of the churches and benefices bestowed on them in commendam,
provide worthy and competent auxiliary bishops or vicars for ca
mon
drals with adequate compensation. For other churches and for
teries given them in commendam let them provide a sufficient num
maintenance of one
We
We
493
They
shall
494
of the Roman pontiff may in accordance with custom and in consideration of the papal dignity wear garments of red color.
to the
14. And since the operum optimorum cura pertains chiefly
cardinals, these shall endeavor to ascertain what regions are infested
with heresies, errors, and superstitions against the true and orthodox faith; where the observance of the divine commandments is
neglected; what kings, princes, or people are burdened with war or
they
fear that they will be so burdened. These and similar matters
informed
shall strive to learn and keep the reigning Roman pontiff
measin regard to them, so that he may seek opportune and salutary
ures to remedy such evils.
many evils
15. Since it is known from almost daily experience that
cities,
often come about and not a few scandals arise in provinces and
not without detriment to the Apostolic See, on account of the absence
appointed
of their legates de latere, we decree that cardinals who are
repreas legates in provinces and cities, may not entrust their office to
dursentatives or any other officials, but must themselves be present
with
ing the greater part of the year and administer it themselves
legate,
care and concern. Those cardinals who now hold the title of
outside
must within three months if they are in Italy, or if they are
ot
of Italy, then within five months, from the day of the publication
rethe present instruction, betake themselves to their provinces and
t a
side there the greater part of the time, unless by our order or by
some
of our successor they are detained at the Curia on account of
may
important business or are sent to other localities, as necessity
vicerequire. In this case they may have in those provinces and cities
sulta
legates, auditors, and other customary officials, provided with
compensations. He who does not observe each and all of the ^ ore ^}
wQ ^
provisions, loses all remuneration in connection with the lega
Legations have been established for the benefit of the people, not
the benefit of the legates.
pope a ^
16. Since the chief duties of a cardinal are to assist the
furt ^
to take care of the business of the Apostolic See, we decree
abseri
that^all cardinalsjeside at the Roman curia and that the
it X*
return,~irthey are" in Ttaly, within" six months, if outside of
tutl
within a year, from the day of the publication of this const!
otherwise they lose the revenues of their benefices and the e
T
ments of all their offices and shall, moreover, be deprived during
absence of all privileges generally and specially granted to card *
thosejbeing excepted wh&by reason of an officej^stcgyedby the-T
ko man
tolled See, "or at the commancTor~wTth the^permission of the
^
pontiff or for some other legitimate
as illness, happe
^
^
.
'
cause, such
be absent
cardi
those privileges and immunities granted to the
FIFTE1
LATER AX COUNCIL
495
and contained in our bull under date of our coronation, they retain.
i7 We decree also that the total funeral expenses of the
cardinals
must not exceed the sum of 1,500 florins, and only justis allegatis causis et ration ibusmav the executors spend more. The solemn obsequies
and the castrum (Tolbris take" place' on the first and ninth day; during
the octave the customary masses may be celebrated.
18. Out of reverence for the Apostolic See and for the common
honor of the pope and the cardinals: moreover, that occasions for
scandal may not be given, that a greater liberty of voting may obtain
m the sacred senate (consistory), and that each cardinal may freely
and safely express his mind according to his conscience, we decree
t hat no card inal may under penalty of perjury and disobedience reVC
n w r * tm g or by word of' mouth or in any other way the votes
^} ?
cist in consisTbry, or anything dcme or said there that might lead
to tHe hatred, injury, or scandal of another. The silence imposed by
the pontiff in reference to certain matters is to be observed, and he
who acts contrariwise incurs besides the ordinary penalties also excommunication latae sententiae, from which, except in extremis, he
can be absolved only by the Roman pontiff.
The
third part of the constitution deals with the reform of the Curia
and others.
1. Since youth like every age is prone to evil and requires painstaking labor to habituate it to the good, we decree that masters and
teachers instruct their pupils not only in grammar, rhetoric, and
other subjects of this kind, but impart to them also religious instruction, dealing especially with the commandments, the articles of faith,
hymns, psalms, and the lives of the saints. On festival days their instructions ought to be limited to matters pertaining to religion and
good morals, urging them to go to church, to attend mass, vespers,
and the divine offices, and to listen attentively to the sermons and
instructions.
a. To abolish that execrable vice of blasphemy which brings the
name of God and things sacred into such contempt, we decree that
whoever openly or publicly speaks evilly and dishonorably of God
and by offensive and obscene language blasphemes our Lord Jesus
496
to hold
them
again, so that
they
may
We
third
each time an indulgence of ten years and receive one
rebuke
of the fines. Whoever hears anyone blaspheming is bound to
him
him severely if it can be done without danger to himself, or report
nave
within three days to an ecclesiastical or secular judge. If several
they
heard him at the same time, each is bound to report him unless
exnor
agree that one can act for all. In virtue of holy obedience we
t e
and admonish secular rulers and all Christians for the honor of
tnei
holy name to enforce and to have these provisions enforced in
aven
dominions and territories, assuring them of a generous n
,^
reward for so good and pious a work. For each blasphemer roug
ne
on
to punishment they gain an indulgence of ten years and receive
a
third of the fines. The same indulgence and financial rewar<!
autn ri *.
granted also to those who report blasphemers to the proper
agai
ties. All other penalties directed by ecclesiastical canons
vice, gain
as-
continently
3. That clerics especially may live chastely and
y
con
quired by the sacred canons, we decree that those who do the
o
be severely punished. If anyone, cleric or layman, be convicted
crime on account of which the anger of God came upon the C I"
of unbelief, let him be punished in accordance with the sacred
or
or the civil law respectively. Concubinarii, whether clerical
shall be punished in accordance with the same canons. Toleratw
superiors, contrary custom, or any other subterfuge cannot
Q
cepted as justifiable excuses these must be corrected and those
law.
tolerate them punished in accordance with the
^
locall * ie *.*
4. For the peace and benefit of the cities and of all
s
ject to the Roman Church, we hereby renew the Constituu
497
We
,0
Jesi, 1475.
498
Since
human and
ecclesiastical persons,
we renew
31
temporarily in a monastery.
Laymen
incanta-
forbidden by
found guilty
judgment of
and confined
to
civil and
canonical.
and fictitious Chris tians of whatever race or nath^itilEucT. wilETlieresy, and J udaizers_jnayJie
completely driven out of Christian communities and especially out
inof the'Roman curia and duly punished, we decree that careful
vestigation be made everywhere and above all in the said Curia, and
action taken against them by judges appointed by us. If convicted,
banished
let them be duly punished in case of relapse, let them be
from the Church without hope of pardon.
ec11. These decrees and ordinations concern life, morals, and
ofnclesiastical discipline. They are binding on all, including our
10.
That a ll
false
tion, espe"cially_
we
cials, whether they reside at the Roman curia or elsewhere, and
wish and decree that they be inviolably observed. We decree further
that they become effective two months from the time of their pu
-
lication.
From
May
4,
1515):
jurists,
there was carried on among theologians and
not without scandal to the people, a controversy which, as we have
81 C.5, VI<>,
poenis, V,9.
82 C.i, in Clem.,
poenis,
38 This bull
De
De
Rome, and
V,8.
it
was published
annually
at
499
supreme pontiffs. In regard to the legality of the instiopinions of theologians and jurists were divided. Some
maintained that those montes were illicit in which something beyond or in return for (that is, interest) the money loaned was demanded by the promoters from the poor to whom the loan was given
and that these promoters could not escape the crime of usury or injustice, since, as St. Luke testifies, Christ expressly forbade the
practice (Luke 6:34). J1 For usury means nothing else than gain or
profit drawn from the use of a thing that is by its nature unfruitful,
a profit that is acquired without labor, cost, or danger. The same
theologians and jurists maintain further that those institutions militate against commutative and distributive justice, because the expenses for their maintenance are extorted solely from the poor to
whom the loans are given. Moreover, they add, they are an incentive
to delinquency, incite to theft, and promote general carelessness.
On the other hand, there were many theologians and jurists who
held the contrary opinion and maintained that the loan was merely
a conditio sine qua non, was gratuitous and not a direct cause of the
interest; the custody of the object pawned, however, and consequently the space, labor, and personal responsibility involved were
legitimate conditions or titles upon which a moderate interest could
be demanded. He who enjoys advantages ought also carry the burden, especially if the Apostolic authority acquiesces. This opinion
was approved by our predecessors, the Roman pontiffs, Paul II, Sixtus IV, Innocent VIII, Alexander VI, and Julius II and defended
and preached to the people by saints and men held in high esteem
cessors, the
tution, the
and devotion that the needs of the poor may be relieved, with the approval of the holy council we declare and define that the aforesaid
montes pietatis, established by the civil authorities and thus far approved and confirmed by the Apostolic See, in which the loan is
gratuitous but for expenses and indemnity only a moderate rate of
**
it is
500
From
May 4,
i5*5)
w
edict attached to the doors of the cathedral or other churches
o
the judges of the exempt reside or, where there are no judges,
501
them
a jure.
Hereafter, exemptions granted pro tempore without a reasonable cause and without consulting the parties concerned, are null
5-
and void.
6. Since ecclesiastical order is disturbed when jurisdictions are
encroached upon and since we are striving as best we can to favor
the jurisdiction of the ordinaries, to put an end to litigations, and
C.2, in Clem.,
De statu
monach.,
III, 10.
Canon 4 of
502
to reduce the excessive expenses of the litigants, we decree and ordain that all spiritual, civil, and mixed causes that in any way concern the ecclesiastical forum, also beneficiary causes, provided the
benefices have not been generally reserved and the revenues of each
do not exceed twenty-five gold ducats, be in the first instance examined and settled outside the Roman curia and before the local
ordinaries, so that no one may appeal before the final decision and
no appeal, if one be made, be admitted, except from an interlocutory
judgment equivalent to a final decision or when the complaint forms
no part of the chief business and is such that no redress can be obhaving
final sentence, unless one party
ces
503
We
84
C.5, in Clem.,
Vienne as
is
504
From
May 4,
15 15):
whom we
of
'
a^ d the
V^
'
'
505
others
may
From
December
19,
1516):
that
no
clerics,
Peopled
"
506
constitution religiosi of Clement V," 7 which is hereby approved and renewed, is to be inviolably observed, that those who
preach may do so for the benefit of the people and with the help
of God win them for heaven, adding another talent to the one they
have received from Him, and thus obtain grace and glory.
preachers
4. But, if God should by inspiration reveal to some
things that will happen in the Church, as He promised through the
prophet Amos, and as the Apostle Paul, the prince of preachers,
3.
The
eodem ordine
deem it advisable.
5. Those who act
in
in contravention of the above provisions,
addition to the penalties specified by the statutes, incur also the sentence of ex commu nication from which, except in mortis articulo,
thatTy their
they can be absolved only by_the~TtoTOah pontiff.
exampIe~others may be deterred from perpetrating similar offenses,
we decree that they be forever deprived of the office of preaching.
AM
From
the bull
(session XI,
December
:
19, i5 ,6 )
pertain
cura animarum
os
tion of the sacraments, without cost however to the orders. T
found to be delinquent they shall punish, if religious, in accordanc
with the statutes of their order within the conventual cnclosur e, junsm
secular priests (that is, canons), as if they belong to their
tion.
37 C.i,
series,
1,
canon
in Clem.,
16.
De
privileg. et excess.,
Vienne, second
V,7- In the Council of
507
see
fit.
5-
sententiis ab
homine
latis.
service.
7. Pacts or agreements made between regulars and bishops and
parish priests pro tempore are valid unless abolished by the following general or provincial chapter and the abolition made duly
known.
8. Regulars may not with the cross enter parochial churches for
the purpose of taking away the remains of those who have chosen
to be buried in their churches or cemeteries, unless notified and
requested beforehand by the pastor or when it is known that the
pastor does not object, but without detriment to him and to the
ordinary, unless they have in their favor an old and undisputed
custom.
in habitu fratrum,
live in the
may by
508
from the
the pastor.
13. That due honor may be given to the mother-church, neither
the regular nor secular clergy, even if privileged in this respect by
the Apostolic See, may on Holy Saturday ring their church bells
before those of the cathedral or mother church have been rung.
Those acting in violation of this incur a penalty of 100 ducats.
14. Censures imposed by the bishops and solemnly published in
the cathedral, collegiate, and parochial churches, must be published
and observed also in the churches of the regulars when the bishops
so request.
15. When hearing the confessions of the faithful, whatever may
be their status or condition, regulars should remind them of the
obligation of paying their tithes or their equivalent in other goods
where it is customary to pay tithes or receive their equivalent, and,
in case of refusal, deny them absolution. In their sermons they
should make it a point to instruct the people regarding their duty in
this matter.
16. The conservators delegated temporarily for religious orders
by the Apostolic See must be men distinguished for learning and
uprightness and constituted in ecclesiastical dignities, and no one
who resides at a distance of more than two days' journey may be
compelled by the brethren to appear before them.
order
17. Excommunicated persons desiring to enter a mendicant
cannot be absolved when the interests of a third party are involved,
unless they have first made due satisfaction.
01
18. Procurators, superintendents, and laborers in the service
the regulars are subject to the sentence of excommunication pubadvice,
licly announced, if they have given cause therefor or if by
favor, or otherwise they have aided a guilty party.
cor19. Brothers and sisters of the third order, the mantellati,
they
rigiati, pizochatae, chordellati and others by whatever name
place
are known, living in their own houses, are free to choose their
an^
of burial, but communion on Easter Sunday, extreme unction
the other sacraments, the sacrament of penance excepted, they m "f
receive a sacerdote proprio. They are, moreover, bound to all
obligations of laics and may be cited before the secular tribunals.
third 020. During the time of an interdict the members of the
arte
ders are not to be admitted to the churches of their order to
or
divine services if they have been the cause of its imposition
advice, favor, or otherwise aided the guilty party.
tg
or in conv
21. Women
.
living in
community
(collegialiter)
et
FIFTH
I.
I-
KAN COUNCIL
509
male mem-
22. The above decrees apply also to the members of all other religious orders and are to be observed by them. Rights of bishops and
regulars not expressly mentioned in the above remain unchanged.
TEXT
OF THE
CANONS
I.
luviTm iv
wo
voata
iv
Taop*vov irenavaOat
iarpiLv exctpovpyrj&r],
irpoarjicei, teal
iavrov
uicnrtp 8k
fuuvTtav
rroXXa
'ErrctSri
viro
rj
fiapftdpow
tovtov
eeVe/u.e,
ko.1
tivcs
ci
rj
vtt(>
toiovtovs
ci<
Qovra?
Tj| n-iorci,
rj
to
irri
irvcvpja.TiK.ov
pcra to ftdirTLapxt
Xtyov MiJ
XWo
vxro
8vo
Kpipa
r)
Tpttov pjapTvpioVj
uk wrtvavTia
Troitov t
TV<pa>0elv els
p.rj
Karr/xovpcvo^
8oKipacrla<i
vc6<pvTov, Iva
8k 7cpoi6vTO<i
ra>
tov 8ul/3oXov.
evpcOij ircpl
irapa.
Tjj
Xovrpov
KaAak l8o^cv
rrpca/SvTcpclov
X eivi Tv Xotirov pt)8kv toiovto yivtodav Kal yap koi \povov 8cl
KXrjput i$t-
tov Kavova tov iKKXrjaiaaTucov, ware avOpuirovs drro iBviKOv /3iov dpTi TrpoaeX-
irapa,
*at
t<x>
rrcpl
tov<%
oJtos
i^CTp-r/drj^
iv
on
ytadaf
tovto rrp68r)Xov1
I)
325 Habiti
Tii vytatvtov
t<L K\7]pu>' ct 8c
(OECUMEN.
TavTa
ircpl
tov
KXrjpov.
'Airrrydpcwre KaOdXov
3.
8uik6v(o p.7)Tc
V^iripa
rj
oAws
a&tX<pTjv
Tii'i
rj
r)
pcydXr} avvoSos,
tw
rdiv eV
Qtlav,
r)
p-r\Tt
KXrjpto i$eivat
puova vpoo-taira
irruTKOvia p.r]TC
vaaav
8k 8vox*pk<:
irj
to toiovto,
rj
ovvayopevov?,
tot
ttjv
avptj/rppidv
ci prj
p.f]TC
dpa
inroiptav Sunrcipcvyc.
vpcapvrcpio
avvetaaKTOv cx lv tXtjv
tjj
cVapx'V KaSiarao-Bat'
rj
ywoplvw
5.
vvo
Uepl
rtov
to
r)
nXr)p<i>
8iayopevovra, tov<s
8t,
rj
p.rj
pucpoifaxia
ytycvt)VTav Iva
ox>v
<ptXovctKia
tovto
ttjv
rj
tivi TOiavrrj
rij<:
p.rj
vpoaieaBai. i$fTaiaOa)
ar)8l<ji
tc iv XatK<p rdypuaTt^
Kara tov Kavova tov
yvdip.rj
<Vapx tas
8U
TO avTO owayop.ev<ovt
53
tcl
rotavra rjTr)paTa
CAXONES CONCILIORUM
5*4
ec.TaoiTO y Kol
ovrat
ol bp.oXcyovp.i'vu)* 7rpo(TKKpovKUTt<
to>
vnip avraiv
tf>i\av$puyjroTpav
Trpo
rrjt
T<T<TapaKOiTTr)<i,
Trpoa<f>pTjTaL rot
tdrj KpareiTU)
at
8t
tovto
AiyvvTM
iv
iartv ojuotuc 8c
crvvqOt<i
X w PtS
Tl>?
Ai/3i'#y
/cat
rrvvoSo'; otpure
oto-j; /cat /cara.
KpartiTO)
J.
p.?)
'Eircihrj avvr/Octa
TiftaaOai^
ixcrta
tt}
rpci* hi
TOtofTOI/
I'
irdvToiv
/cot 17/
iitiivo,
on
fitydXi)
17
uAo'y
*p>l<f><!>,
tf>iXovttKiav uvnktymTi,
oUctav
KCKpdrrjKc
/cat
irapd8oai<> a.p\aia,
tt)s
Tip\rjsy
ttJ
on
tw jcA^w-
irpo(Tcp\op.cvm hi if
ttotc,
rfj
avvOrjaovrai
iv AiXia iiriOKOitov
ware tov
p.T)Tpoir6Xci
8.
iv rats aAAai;
\pr)<f>o<;.
oKoXovBiav
ttjv
KaffdXov St vpd8y)Xov
teat.
/cat
CKKXr)(Ttat<i-
Ttov irXciovwv
7)
fitv
/cut
yV0)/i7/V
fila
Swpov KaOapov
to
avaLpovficmfs
86ij tt)v
<ri'vo8m yii'<r(lw<mv,
irtpl
tcl
\f>rj<pov
p.LKpoipv\ia<{
irdaT)<t
6tw y 8evTpa 8e
Td apxala
6.
iva
e/c#co-0at
Kara Xoyov
(ttutkottoi
tmv Iutkotmi'
teal
can
Trpo
irdvTo>v
tovto opoXoyijoat
81
toU
aKoXovtirjaowTi
rrj'i
KaOoXuciji
/cat
rot? tv
wpurrat' wru
Kal \povo<t TtraKTai, Kal Kaipcx
avroiK aKoXovdctv ev Tram T ot? 86yfia<n Trjs KaOoXucij* ii<KXyo-[a<;- evOa ptv oiv
rw
hiojyuia irapaittTTTtaKoaLv
i<f>'
<Lv
evpuTKontvot iv
tco
KXrffm iavvrai iv
iKKXrjtria? iiriaKowov
hriaKoiros
rij<i
rj
SoKoit)
9.
tw iiriaKoir^ t^s
Ei
r)
rj)
Tip-ip
'
x^petrurKOTrov
iroXtt
Svo
ttjv
Trpea^vrepov,
iirio-KOiroL
auTots,
icai
'
imp
tl
TOVT
tov iv tw kX^PV
wmv.
wiioXoyrpw
irpeapvTtpoi, rj dvaKpivofievot
av
OfwXoyijirdvTuyv avraif, vapa. Kavdva Kivovp-tvOL
to. TjiuipT-qp. V
ocSuca
uk 0 r*"
irpeafivrcpov ovtos irpoatpxovTai Ttvcs, irpoSrjXoVj
ovofm^voi *apa
oXm
et
tw avry aw/tarc
av7riXrprrov
KaOoXiKT) iKKXrjaia.
yap KaOaipovvrau
tovto ov vpoKptvti
T<p
Kara dyvoiaVj
Kavovi tw
rj
/cat
cxkA^ctuxo-tixo/-
*'^*|Jf
ywxw
*^
CONCILIUM NICAENUM
Uepl
II.
KivSvvov
Yf
tu>v TrapafiavTov
kovrai y rpia
xupis
>P<*
aKpowptvoi*;
cttj iv
TrpoaKX.-qOivTt'i
dpyvpia
cttj
i<p'
x^pU
avaat 8c tovtols
eVra
tw Aaa> twv -npoaevx^v.
ph>
viro
yap Kal
rj
xtupts
ku.1
&Kpoao~eu)S y
twv
eiKOTios
<pt^av6pfi)TroTf.p6v ri ircpl
tov elaievai
els
err}
VTroireaovvTav 8vo 8c
irpolaQat.,
Kal
fteve<f>iKiot<;
v-jroTmrTtToxrav pcra.
(lerd^av
irpOiTjjKci
<p<>fio>
Tr/?
tov
tt)s
aKpodatoit
rpicrov'i
dSot
irpoalpe<rtv y Kal to
ttjv
dya^ocpytat?
/cat
rr/v
xp vov tov
tTri(TTpoa>))v
iLpurpitvov tt)^
1>
koivoivi/itowi,
airwv
r/y Tjaavro
t<
npos
xpoiw
evx<~>v
ttjv
<!><,-
KaTopOoitrat to avao-rpaTev-
fTXqp^a
5^
d<f>aipcaeo^ inrapxdvTuv
oaoi pev
tj
irpo<T<f>opa<i KOLViovrjaovai
Ol 8t
12.
ava'y/^s
(l
irtj
Ittutkottw^
Kal
Kal to
ttjv iTTLo-Tpo<prjv y
wv
tocrrc,
peiaBai'
ei
Tie iio8evoi y
p.rj
dnoo'TC-
e$o8cvovTosy
otTOUKros
TTf<i
ojxV'*
P-'
vr)'i o~Tto.
KaOoXov 8c Kal
vavTO<i ovTLvoaovv
7rtpl
SoKLpacrlas
14. Hcpl twv KaTT}x vf*-*viV Kal irapairecrovnav eSo^e rfj ayta Kal peydkr) cruvo'Sw,
wrrt Tpuov It(ov airoit? aKpotuptvovs pavov, p-cra Tavra evxeadat pera twv Karrj-
XvpJvwv.
15-
Ata tov iroXvv rdpaxov Kal ras ordatvi ra? yivop.evai ISo^e
avo
i
iroAetue t iroXiv
p.rj
rtcrt
7ravTdirao-i
p.pccrtv y Start
8c rts p,eTa tov Ttpt ayta? Kal p*yd\r)<: crvv68ov opov toiovtu) tlvl 7ri^p^t7Cicv,
777 eK/tA^tTia,
p-r/Tt
37
tirio-KOiro<i
1}
6 irpta^VTtpot exeipoTovr)6r/.
Tas
jj
oAtD? iv
ircpa iKK\rja-ta y
ia-VToiv irapOLKiaSy
res vcpapndirat
rijs
KK\.rjaia<iy
^v
irptafivTtpoi
f/
6<ptC\ovcriv clvai
ivacrrpe<pttv
els
el
8c Kal ro\p.rjcrcie
"HI
o-^rov CKKXajcrLa^
CANONES CONCILIORUM
516
airy KaTariOeuevov
(J.Tj
aKvpos earai
J.
-rj
\tiporovia.
voXXol
'EttciSt)
To dpyvpiov avrov
iirl
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hrurT7]p.Tj y Kadu)*
ovro)
jroieiv
IniyvuHJiv
effTt
tcl
et
dflww,
icdyai dtrwropjai
a tow
/it)
524
8e
t)
tuv Oelvv
dp\<pio'f3T)Toiri
tyy yap
UpaTeveiv pot.
tt}:
ypa(f><av
Kal
irpo<pt)TiK<a<i
P-t)
oXtjOivt}
dopa>t,oi
6eo<t'
2u
CONCILIUM NICAEXUM
Uaaav
3.
XPwfavo*
II
81
fj
525
irpea/3vTepov
Suikovov
tj
{WwVTfs air<?
S
" peXXovra irpofi^eaBai eis imaKonrjv
r;,
imaKomov frj&ZeaBat, KaBw vapa rdiv dyiW mxrepwv rtLv
iv Nucata Zpiarai
Kav6vi TV' Aeyom- [then follows the complete
text of the fourth canon
wro
apyvpov
Xv.
erepov
yap 6
<f>7}o~l
rrpotpaai^dpevov
irpo<f>dirci<;
rj
py yiveoBai
paviav
em.rrep.moVy
oi yovels
xP vaLOV
dirairelv
KXrjpiKOVt
77
roi-f
tc'kvois.
rj
px>va-
Kah Ovk
el
ti? ovv
*Aet<uv,
arurrpetf/et
dpxiprlaK:,
dvatTtfaiv xpva-tov
yv tti*
iv
otftetXet
&
eTriaKOirov,
7)
r<Lv
inr*
avrov KXrjpiKwv,
*/
aerrrbv
vabv
em
o irovos avrov
ovtojs
carl
ttjv Ke<paXi]v
Kal
ravToiraBeia.
rr}
Kal
vrroKelaeraiy
Ttov
avoo-ToXiKuv 8iard$eo>v. irapayyeXXti yap Kal UtTpos, r\ Kopvtpala twv dirooroXtav aKpoTTjf Hoiualvtre rb iv vp.lv irolpviov rov Beov pr) dvayKao~r<L<i dXX' Ikovi
crtttK
Kara.
tcopjeiaBe
5.
Beov,
dXXd
*Xrjp<avi
prj
rvrroi
aio~xpoKep8w<;y
ytvop.evoi
rov dp.apdvrivov
'Apapria
irpb<;
dAAa vpoBvpio^
prj
ats
KaraKvpievovrcs
r<ov
Bdvardv
icrrtvt
tovtov X etpov, edv Kal TpaxTjXuavres Kare^avlaravrai rrji evoef$ela% Kal rfj<:
ttAt^^ctas, Kal trponpuipjevoi rov papaavdv rij<i rov Beov wraKofj* Kal ru>v Kavovucwv
avrov 8iaTa$e<av p.ij dvrexopevoi. 816 iv rovroLt ovk eart Kvpiot 6 Beds, el p.T)irov
fie
TairetV(tiBevre<i
X *o~Bai
to? Kal
r<a
$e<a
ttjv
dvavrjif/tixri.
o-vyx<I>prfo-iv aireio-Baty
ovX l evafipvvea-Bai
Kvpio?
XPV
P&^Xov
y-P
rfj
dBeapip
XoyoK
8\opBovaBuio-av.
cucros So'cretus
el
8e tis
86o~et,.
eyywe yap
*-
irpoau>7r<t>
Kal iirepi-
emnplov
irpoaep-
rois
81'
avTol";
Kal pera avvrer pipp.evt)t Kap8la<* T^y dtpeaiv rovrov rov dpaprrjpM.^
em xtLP OTOVl<
}-
<po.veirj
irore.
el
8'
empevotev,
rovro irevotrfKui^
CANONES CONCILIORUM
526
Trjt
rj
ira.VTa.Tra.cn
vtt'
Xeyovrw Ei
irpeafivTepot
i)
Tit iirtaKOirot
Sti'irepov
81a. xprjp.dr<i)v
Kavova rwr
XaA/o/Sma
iv
ai'ros
?Ll[uv o fidyos
o>t
ooiidv
of Chalcedon ].
6.
'EiretSrjTrtp
6 Xeyiav
Kavuiv iariv
tov k'rovt
Sit
kulot>]v
ko.0'
inapxiav XPV
avvoSov
octlol iraTtpf.'iy
tovto
tovto
8tl
roi<t
luT^t
-rjptit
dvaveov/xev, Kai
yivccrflai t
avvTpt-
rij<;
rr/r
oi
irpo<pdire.a)>;,
Toit navovi-
rrjt
crvvaOpoio-Biitnv iiriLTKOTroit
iv
p.eXeTij
Kai
yivvrBat
(ppovriSi
tov <pvXd.TTa6ai rat Betat Kai o)oirotovt ivroXat tov Beov. iv yap rw <pvXa.TTtoQai
avrat
avTair68otTi<i
on
iroXXrj,
vdpot 8k
cpoit,
*E<if
ei 8k
0S01
Kai
rj
fit}
^<orjt
cx ctv
kttjvos 7
37
Tai ravTait.
01V
rfj
crvvrjKoXovdrjo'av'
do-eftei
u>o-irp
yap
alpeaet Ttav
tt)v
Ttov
"
treirTiov
eiKOvtav
6\f/iv
^a
Kal a
8c
irapcvov-
erepm apaprtai
daefirj/ura
d<ptXovTO (k
rr)<i
(K-
lb\)
Xeuf/avmv,
/*Ta Kal tj}* crvvT)0ovs ewxV5 * *<" e * a7FO TO " irapovTO* ti? evpeOfi iiricrKOiros X^P^
dytw Xcuf/dvtav KaSupuv vooV, KaOaipttaO<o, <is irapaficprjKM ras iKKXrj<nacmKa<i
irapaSocrets.
cjc
Trjt
Ttov 'E^paitov
6prjcrKeta<i
pvKTqpl^ttv t8oa.v
KpvfS8i}V
TrpoavoLovp.tvoc xpvaTvavifciv, avrbv 8k apvovvrai,
Kal XaBpaxoxi aa/J/JaTi'foi/Tes, Kal Irtpa iovSaiKa wotovvTes, bpit,op.tv tovtov: fiy**
cis KOtvuiviav p.yT ets evxyv
MTt eU iKKXrjaiav 8c\ccrBai. dXXa. (pavepo* tanoaav
icara
SovXov WTjo-acBai
tk
f)p<oVy
rj
KTaaBai.
(I
l"i
p.i)T roti? araiSa? ovtwv fiairTittv,
ri0Tpe^
8k i$ clXiKpivov<: Kap8ta<: koi victtw<:
aAAow
Traifio?
to. #caT*
aura>v
eBrf Kat
vpay-
tffdal
iXtyxBijvai Kal SiopBwoatrBai, tovtov vpoa8ex
aTroarrjvai twv
$9*1"**
CONCILIUM XICAF.NL.M
'
Udvra ra
9.
dOvppara Kal
p.eipaKtd>8r,
II
WwoAcw^
Kpvvrmv,
pev cViWotto?
1j
ei
AatTco?,
SidKOvos
fj
ei
el
Se'
evpeOeoj ravra
V , KaffaipctvSb,,
el
poia X o<;
8e
dvaBepard^euBoi.
10. 'EttccS^
TrovTet
TrpeafivTcpos
t,
527
fnavulBij
ttjv
'
"'
Kkqaia'
<t>povrl8a<i
8c
rovro
8c
ei
vpoXeX BevTojv
noioratv,
at>a\apfidve(r0ai,
tis
tpuipaOeir/
KadaipetaOw.
eirLptrwv
-irovqoei,
tovto
iepeo>v
KaBaipeiaBo,.
ovk
c&cttiv
oaoi
avrois
per'
clSi/creo)*;
Kal
rwv
/?iamxa<t
tovto
KCKtoXvrai
raZv
ox?
tjtoj
SiSavKaXlav
irpos
r<Lv
81
Ko<r/UKa*
ovtcs irdvTas
ttjv
Upojavvrjv eKXrjpdia-aro.
*at
et
8c
p.rjye,
*po\eipieo-Oai oucovdpov ev
aurovs
01 vir
rfj
rfj
Et
axvpov elvai
Tldvroiv
t}
o~vyyeveaiv
18iol<:
#caAa><
can
rots p-qrpoiroXirai^
cavTtiiv
raiv povaaTrjpiwv.
T/yovpevo<: ck
eis dp\ovriK7jv
irpaypdrwv 6
Oeov ctpoptovrov
<Ls
dAAa. prj
tj
eirl
riav airovpyiajv
X eipa ^
prj eeivat
rov CTTiaKOirelov
iK8oo~tv.,
acKXrjO'iaaTiKwv
avTa t
8ioiKeiTu)
TevTjo-iv,
ttjv
rtov
/cat
cttio-kottoi
e-rrLaKoiros
diroo-roXuiv
e
X eroi
ttjv
rov Xeyovra'
<ppovrt8a
Kal
7rpo<f>do-ei
fcotvro jjp(av eprroteiv Kal pr/8ev irpos ovt)Olv rvy X dveLV rov dypdv, prjS' ovrio<s rolt
Kara tottov dp X ovaw CK8t8dvai tov tottoVj dXXa. kXtjpikoI? 77 yeiopyois. el 8e travovpyia iroirqpq. X prjaoivro Kal ck tov yewpyov tj tov kXt/pikov wvYjay/Tat dp X wv rov
aypov, Kal
^ ev
to)
eiricTKoiros
o.
oi5toj
aKvpov
povaaTrjptoj,
rov
elvat.
rijv
Kal iwio-KOTros
iirtcrKOTrciov,
Trpaaiv,
t)
fjyovpevos rovro
irovStv
<I>9
K8iu}X 0r]TtD,
8maKopiri^(ov
p.ev
<ca<5<r
ov crvvTjyaycv.
13. *E?rciS^
kXjjo-Uu?
8lo.
ttjv
rjpuu>v
CA NONES CONCILIORUM
z8
ol
el p.ev
el
8k p.ova\oi
XcukoI, d<popico~Baij
as
Kai tov Yiov KaX tov dylov Tlvevp-aTOs, Kai TerdxBvaav ottov 6
on
ro irvp oi afici'vvTai,
kcu
iroieire
"On
I4
Tat
peiv
tov Kvplov
rfj
(tkottov
<p<nvi}
oi TcXevra
o~ko')Xt)
ivavriovvrai
Xeyovcrrj'
tt}
Mr;
ep.iropta'i.
TTjt
XipoOeo-la<:
el
elcri,
iy^etplae^
lep<t)o"vvr)<i
vqirvdBev
\eipo6taiav
tt)v
Be<o
eartv evdpearov.
Kai
Xaftovras,
dvayivwaKOvras ev
Kai
prjiru)
trvvdei
tt/
bpwpev ckto?
CTreiSrj
em
trap'
8c.
em-
dp/Howo*,
eir'
yiveaOar
pi]
8ijXov
(Hvrepov.
tov
dvayvwrrov
p.ovax<av.
irpoe8plav rjyovp.evov^
71730?
8e
iirirpoin}V
avayvoiOTas.
15. KAqoucos diro tov irapovros prf KarararrecrOo) ev Bvcrlv eKK\r}oiai<i' epiropuu
yap Kai alo~xpoKep8ela<i iStov tovto koI dXXdrpiov eKKX-qaiaaruc^ avvrfBela<i. yjkovcrauev yap e$ avrijs ttjs KvpiaKrjs <fxovi}s, on ov Svvaral tis Svoi Kvpioit SovXevetv
t) yap tov eva picnjaei Kai tov erepov dyairrjatiy f) rov evbt dvBe^erat Kai tov irepov
KaTa<ppov7]o-ei.
6<f>eiXei peveiv,
Kai irpoae8peveiv ev
iirt
Taf
rrjv
p-iq.
eKXrjSr},
ev tovtw
airoaroXiKTjv
(ptovTjv,
ev
eKKX-qala' rd
yap
alo~xpoKep8eiav yivopeva
81'
Jt
XP^V
itriTrj8ev para
e<prf
elai 8id<popa'
TTfV
P-
ov Kal T01S
6eo<f>vXaKT<t>
ovai per' epov virqpe-rqvav at
X^P*"* o^' Tt*t. Kal ravra p.ev ev ravrrf rfj
iroXev ev 8e rots ifaa x^pioii 8ta TTfV iXXenf/iv rtav avdpwtroiv jra/>a^a>pto ^a).
-
16.
Tldaa fiXaKela
/cat Kocrpvtjcri*
rovrov<i SiopOovaOai
XPV'
avroit Kai
yeyovev ev
rfj
8edp.evoi
KaOoXtKrj eKKX-quia
etc
etripevoiev,
8e
eneiorf
xp>-<
St*
rrj<i
lepaTurfjs Ta^cw?"
eaB^rwv Xapirpwv
e-niripiw
Kai
trapa8l8oadai' oW"
if38eXvavTO,
dXXd
Kai
rraaav
~
vcref3ia<i
ycypap.p4vov B8eXvypa
yap t&v
KXr}piKOV<i
dva<oypa<pr)o~ei<i
tj
ct
rwv
1}
aXXorpia earl
o-uypariKT)
evurKoirov:
emriutov
/xcrptas koi
xP Viav ,r* s teparucos dvrjp perd
yap o p.rj 81a XP^av i aAAa Sta KaXXort<rp^v
CONCILIUM NICAEXUM
*yaAa/x0dWa
oc
Trepirepela* e ec KaTrjyopiav,
X
v<pa<jpTwv
TreTrocKcXpivrjv
II
529
iadtjra
w, oi^ irpotreTWamv
r^ OewpOoyyov
eveBilvTO
elatv.
ixovaX
KaTaXiirovre^ ra kavTwv povaaTypta, i<j>iep.evoi d
PX eiv
imaKOvtiv dvaivopevot, h/ eip% 0 vm ktlclv evKTjjpiow
oikovs, ra ttP o<; <nrapX
TUTfWv p.t} cX ovres- el tiv 01V tovto im eipy(rei
votelvy Ko>Xvt<T0w vir6 tov kutu tov
X
rovov ivuTKOirov. el Be ra 777,0* dirapTtapov e
X o h to. jSefiovXevjxeva airw ek irepa*
iyeoOwaav. to avro 8e ^vAarreo^ai Kal eVi XaiKwv Kal kXtj
P lkwv.
koi to
toU
*a ivSiaiTdaOat iv imaKorreio^
a tk ovv
BovXtjv
iXevdepav iv tw
i)
exeiae
&v
#car*
eivat,
irapovTO^
TroiTjo-acrOai,
Buucovia? notetaOw
rj
iv p.ovao-n/pup
ru-o's,
tj
imcrKOTrov
tov Katpov
iKelvov
-fjyovpevovj
tj
yvvij,
6 iwiaKoiros
t)
Be
Kal
iy x elpTjmv
jxtjBoXws
l8taeTo>
<iAA'
el
Tjyovpevos iropetav iv
7/
iv
ereptp
tottw,
twv kware xat Twas twv Xeyop.evwv evXajSwv dvBpwv t koi yvvaucwv, eViAaQopxvovs ras vroAas tov KVpiov, iairaTTjdijvai Kal 81a. x/jvaiou ras eio-So^as twv
KXrfauoVj
*l
Kavova
T7)? iv
tk tov
UpaTucov,
tj
XaXKTjSovi avvoSov.
el
tj
XeipoToviav irpeo^vrepov.
TeKvott
i)
f-evetv
avTa
iv
elvai
tw
Be
rj
irpb<i
wroTayrjv.
woavTws Kal
T)yovjxevo<i
BIktjv
jxtj
f^wc
irpoiKwwv Tolt
iBiOKTijTwv
yovTwv ravra
iirl
iravoaodw
dtpupw/xcva tw 0cw,
fxovao-rrjptWj
Kara
ttjv
toplcrafiev,
Kav re
vmoxcoiv avrwv y
el
petvij,
/jlt)
elrj
Kav re
i$eX0-rj^
twtos.
Aop koi
irp6o~Kop,/xa rots
a-voTaao~dai Kal
tw
jxovrjpei
yap
evapeo-retTai 6
Buurdo-Bwaav
6eo<s.
ijpuwv
tcl<*
j3tw
el
KaraKoXovOctv, tov?
ywatKat elouvai
to 8e ovra
e"ws
puev
otl aKavSa-
avyyevwv irpoaipovvrat
avBpat Beov
iv yvvauceiw jxovao-Trjpiw-
dirt-evai
iirl
cts
tovtw
iv evl pnvaaTtjpiw
fJU>vao"rr}piov,
8e rivei jxera
ttjv
BiaTayrjv avrov
ovtw BiaTVtrovaBwaav.
CANONES CONCILIORUM
53
avvBiairrjaei.
rfj
pij
p.r}
o-vvcitOUto)
e$o>6ei>
kq.1
crvyyevr)
nva
el
r)
irapovaia
avSpdiov
t/yovpevr)^ ravrr)
rrys
itz
r)
81 avpfifl
ti
avrij-:
i-avaxiopuTu.
povdarptav KaraXipirdvetv
8e (nipftjj tovto,
firjSe
~apa tov
fiiov
povaarpla*;.
Tivo<i
iirl
Trpos
T7/s~
povdnrpm
poiavTrjpior
rj
ev yviaiKtuo
KOiTa,eo$0) povaxd<i
22.
0tw pev to
eh
t<ov
dpapT-qpuxTUiv
dXXd
KoXderai,
r)
irpoarerax^v.
Kin/crts
Xevaev avrrjv ev
KaOalpeiv.
rfj
yap
ev
ov
roh
yap
/uot^c/a
rrjv
rij'i
Travra
(prjai,
evayyeXtot* avrov
r)
dirda-oXiKi
Oelot
8ovXova0ai peya
fleXr/pain
iStott
roi<%
irLvere,
eKKOirreiv
Kat
ov
povov
to.* dp\a-i
avrov
Trap
poixeias eyx^PV mv
epoi-
StSacrKopcOa. eirdvayKe? ovv eart iravrl avSpl, Sta to fjv eadteiv, Kal ots pev
ydpov
earl
teal
Kal prf
8id
povov
f$io<*
oi>v
Ouat
eirepxerai 7rpo<prfTtKrj dpd, ovtojctl Xeyovaa'
oh
om
epfiXeirovoi,
Kat ra epya riov x^puiv avrov ov Karavoovat. Kal el ttov irore eiev toiovtoi ev tocs
XptfTTiafOt?, SiopOovo-Owrav ei 8e
ffpxav
dpevo<% Kvptat
tw
p.r\
ye, Kpareiruxrav
ttov
eicrOu).
ei
Xw
17
avroi<i
rd Trapa rmv
povdrpowos,
criuyirrjaai.
povaxov
eir'
dirdyy Kal
rd
Trjs
iirl
yuvat/cwi',
irpo
awra-
ti
prjv tai
dXXa
avveaBtetv^ <
tva
awi
*cat
dvayKatat xP" a *
7!
"
t<
>e
,<T ^at
/
a>s T77*
XP la<?
KaTe7retyov(rr/
Dcum
IIauiti
jusritiac
lucernes,
cundum
IV
VIII)
cr
Obedite praepositis vestris, et subjacete illis; ipsi enim pcrvigilant pro animabus
tamquam rationem reddituri,"' Paulus magnus apostolus praccipit. Itaquc
Papain Nicolaum tamquam organum S. Spirirus habentes, necnon et
sanctissinium Papam Adrianum succcssorcm ejus, definiinus atque sanclmus ctiam
omnia, quae' ab eis synodice per diversa tempora exposita sunt et promulgata, tarn pro
defensione ac statu Constantinopolitanorum ecclcsiac ct summi saccrdotis ejus, fgnatii
videlicet sanctissimi parriarchac, quam etiam pro Photii ncophyti, ct invasoris expulsionc, et condemnatione scrvari semper, ct cusrodiri cum cxpositis capitulis imniutilata pariter ct illaesa, et nullum cpiscoporum aut prcsl)yterorum vcl diaconorum,
aut quempiam de caralogo clericorum evertcrc, vcl reprobari aliquid horum audcrc.
Quisquis autem post banc definitioncm nostram comprcliensus fucrit spernens quidquam capituloruni et decretorum, quae ab illis exposita sunt, siquidem saccrdos fu2.
vestris
beatissini uni
Ut jam notatum
fuit,
concilii
Quapropter
Prov. 6:23.
Heb.
13:17.
CAXONES CONCIMORUM
532
cujuscumque
sit
praedictorum editioncm.
3. Sacram imaginem Domini nostri Jesu Christi, ct omnium liheratoris et salvatoris
aequo honore cum libro sanctorum evangeliorum adorari dcccrniiims. Sicut cniin per
syllabarum cloquia, quae in libro feruntur, salutcui conscquunrur oinncs, ira per
colorum imaginariam operationcm, et sapicntcs ct idiotac cuncti cx co quod in
promptu
in coloribus est, ut
secundum congruenriam
in syllabis
rationis, ct
mm
sit
ejus, et
quemadmodum
et
et
Spiritu Sancto.
4. Amorern _ j)rincipatus, utpote quandam malam radicem exortorum in ecclesia
scandalorum, radicitus excidentes, .eurn, qui temere et praevaricatorie ac irregulariter,
veluti quidam gravis lupus in Christi ovile insiliit, PJiotium scilicet, qui mille tumultibus et turbationibus orbem terrae replevit, juso dexxeto damnamus; promulgates,
.
.^wurjo^mfuisse prius^ aut nunc es^e episcqpurn, nec eos, qui in aliquo sacerdotali gradu
ab eo consecrati vel promoti sunt, manere in eo ad quod provecti sunt. Insuper et
eos, qui ab illo consuetas orationes ad praepositurac promotionem suscepcrunt, ab
hujusmodi patrocinio cocrcemus. Sed et ecclesias, quas, ut putatur tain Fhotius quani
rursus
ii, qui ab ipso consecrati sunt, dedicaverunt; vel si commotas mensas stabilierunt,
dedicari et inthronizari, atque stabiliri decernimus; omnibus maximc, quae in ipso
et ab ipso ad sacerdotalis gradus acceptioncm vel damnationem acta sunt, in irntuni
et
ductis. Dicit enim universorum Deus per prophetam: Quia tu scientiam repulistt,
ego repellam te, ne sacerdotio fungaris ?nihi. 6 Et, Oblitus es legem Dei tui, et ego
oblwiscar filiorum tuorum. Si secundum multitudinem eorum sic peccaverunt imbt,
gloriam ipsorum hi inhonorantiemi ponarn; pec cata populi comedent, in injustitus
suis accipient anmias ruas.* Et iterum dicit: Quia multiplicavit Epbrem altaria in peccatum, facta sunt
ei altaria delicta:
scribam in ea multitudinem.*
Onmem
Osee
7 Id.,
4:6.
4:6-8.
8:11.
Vide
Tim.
3:6.
CONCILIUM CONSTAXTIXOPOLHANUM
IV
533
batus,
hunc
rum, digni judicati sunt pontificatus dign irate paritcr et honorc, praedicruni tcmpus
abbreviamus, nimiruni secundum quod cpiscoporum praelati prt)bavcrinr, qui per tcmpora fuerint. Si vero pracrer banc definitionem nostram quisquam ad jam fatum supre-
mum honorem
provectus
cxtiterit,
6.
Quoniam quidem
rcprobetur, et ab
canones
sit
omni
promotus.
et damnationem a sanctissimo Papa Nicolao propter nequissimam invasionem Constantmopolitanorum ecclesiae cum aliis malis operibus suis, etiam quosdam nequam et adullatores de plateis et vicis invenisse, et vicarios hos sanctissiniarum trium patriarchal ium
sedium orientis nominassc ac proposuisse, atque cum his ecclesiam malignantium et
concilium vanitatis colligens, depositarias accusationes, et crimina contra bcatissimum
Papam Nicolaum commovisse, ct anathema procaciter et audacter contra eum et
cunctos communicantes ei saepe promulgasse, quorum quasi monumentorum libros nos
quoque vidimus, ab ipso maligno opere ac fallaci dictatione consutos, qui etiam synodice
ab igne consumti sunt; hujus rei gratia pro cautcla ecclcsiastici ordinis anathematizamus
quidem primitus praedictum Photium etiam propter hujuscernodi causam; dcinde vero
et
omnem,
qui a
modo
verbum
veritatis adultera-
verit et falsos vicarios simulavcrit, vel libros dicratus mendacis finxcrit et ad propriorum
favorem votorum commentatus fucrit, quemadmodum et fortissimus pietatis athleta
Martinus sanctissimus Papa Romanus tales synodice pepulit.
7.
gat;
Quod justum est et juste exequendum Deiloquus Moyses evidenter lege promulcum bonum non sit bonum, nisi secundum rationem efficiatur. Bonum ergo pro-
recto et valde proficuum est sanctas et venerabiles iconas pingere, sed et proximos
disciplinas divinae ac humanae sapientiae docere, non autem bonum est, nec omnino
proficuum, ab indignis horum aliquod fieri. Hujus rei gratia nequaquam iconas operari
ncque in quovis loco docere anathematizatos ab hac sancta et universali synodo, definimus et promulgamus usqucquo a propria scductione et malitia
convertantur. Quisquis ergo post hanc definitionem nostram ad picturac sanctarum
imaginum in ecclesiis, aut doctrinae actionem quoquo modo eos admiserit, siquidem
in sacris templis, sed
vero
laicus, separetur, et
divinorum mys-
8.
Omnia
si
"Vide
Cor. 6:12.
CANONES CONCILIORUM
534
ii,
sortiri,
visum est sanctac huic ct univcrsali synodo nccjuaquaui id cx hoc quopiaiu fieri,
excepto co, quod secundum forinain ct consuctudincui pro sincera fide no.-.ira tempore
consecration is cpiscoporum exigitur. Quod cniin alirer fit, oninino non cspedit, sed
neque ad acdificarioncm ccclesiac pcrtinct. Quisquis ergo ausus ]"iu.rir .solvere hanc
lant;
definitioneni nostrani, aut expeticrit, aut paruerit expetcntibus, lionore proprio decidat.
o. Variam et diversani malitiam antiquitus in ecclesia Consranrinopolitana infclix
opcratus est Pliotius. Didicimus cnini, quod ct nuiltuin ante tyrannicum praesidatuni
propriac manus suhscriptionibus municbat adhacrcntcs sibi clicntcs ad discendam sapi-
quae a Deo stulta facta est, cum manifesto nova cssct iim-nrio, cr sain lis parribus nostris cr magistris ccclesiac penitus alicna. Igirur quoniain ouuu-m colligaiioncm
iniquitatis solvere, ct chirographa violcntoruni contractuum dirunipere praeeipiinus,
<lcfinivit sancta et universalis synodus, ncmincm ex his omnibus a nunc rale rencre vcl
servare chirographuni, sed absque quolibet otfcndiculo indubitantcr ct inrrepide tain
doccrc, quam disccre omncs, qui ad utrumquc consisrunr idonci, practcr cos, <j ni crroris
entiani,
Divina manifesto clamante scriptura, Ante examrnationem ne vimperes; et inprmiwny et tunc increpa;jet numquid lex nostra judicat homineni, nisi prius
audierit ab eo, et cognoverit, quid faciat? - Juste ct congruentcr, cr luce sancta et
universalis synod us definit et statuit, quod nullus laicorum vcl monachoiuin aut aliquis
ex catalogo clericorum ante diligentem exaniinationcm, ct synodicam scntentiani a conimunione se separet propnTpatriarchae, licet criminalem quamlibct causani ejus se nossc
praetendat; sed neque recusct nonien ipsius refcrre inter divina mystcria vcl orticia.
10.
tellige
suum
decidat et honore; monachus auteni aut laicus scgregctur ab omni ccclcsiastica comcollcgio, quousque convcrsus ad pocnitentiam rccipiatur.
munionc atque
ventilabrum in
11
Matt.
manu
18: 18.
12 Joan.
7:51.
omnem
paleam
CONCILIUM COXSTAN
'"^^^T"^'
maana
^
dmiliV t.nh.n^
sentientes.
Z^s habere
liS
" ^
\.-rw^#.
VOPOLITANUM
IV
ctat s favcntores
iinuiiurus
" kUlu
'"'l''
et pastures
patratorcs et his
1
'
.-
535
^r^^
S^ttilV
CXl>ibCrC
'
et
"^
ae
olicis
oeiinimus, et scntcntiam
3
x
J. ia
'
niani
?
?
h "! US
rci
f
l
rrari;1
est operarius
mercede
cr
num
fe
ordimbus
illis
modo
quocumque inagnac
ecclesiae gradu,
provectus extiterit.
14. Eos, qui a divina gratia ad episcopale advocantur officium tamquam imaginem et
"ffuram fercntcs sanctorum caclcstium hicrarchicarum, id est, angclorum, secundum
nierarchicuni plane gradum ct morcm, omni honorc dignos ab omnibus principibus et
subditis
sancimus habcri. Et ncquaquam strategis vcl quibuslibet aliis principibus obP procul ab ecclesiis suis occurrere, scd nequc scmet a multo spatio dc cquis vel mulis
aut cum timorc ac trcmore proccdcrc et adorarc; scd ncc cum saccularibus
principibus ad mensam inrrare hora prandii, eosdem, quos illi honorcs strategis exhibentes, sed secundum congruentiam spiritalis dignitatis ac honoris sui redderc quidem
omnibus debita, cui vcctigal, vectigal, cui honorcm, honorem; praefcrri autem, ct multani, a principibus amicorum Christi iniperatorum venerarioncm ct revcrcntiam promoveri confessorcs corum, ct honoris similis existentcs; ita ut fiduciam habcant cpiscopi
arguere stratcgos niultoties, et alios principes, atquc onincm saeculi dignitatem, cum
mjustum et irrationabilc agcrc quid illos invenerint, ct per hoc corrigcrc ct redderc
nieliores. Si vero aliquis cpiscopus post definitionem sancram synodi, debitum et canonicc collatum sibi contcmserit honorcm, ct quid secundum vctcrcm et inhumanam,
a c inordinatam consuctudineni, praetcr quae nunc definita sunt, fieri penniscrit, sequestretur anno uno, ct principes ille non mereatur pcrcipcrc mystcriorum, nec
VI S
ejicere,
sanctificationum communioneni.
15.
definivit,
18
Luc.
14
Vide
10:7.
II
Tim.
2:4.
CANONES CONCILIORUM
536
tat et conferat
id.
Magnis
hoc quibuscumque
voluerit,
fiat.
tale
osten-
quod factum
dere zelum, deponantur et
ejus episcopi
fuerit,
CONCILIUM COXSTANTINOPOLITANUM
P rr0
2S^donL
/
;
C nSistere CUm
fidelibus
ica
IV
dignos
fieri
537
mysteriorum
terti
'
H
:
quoniani sunt quidam mctropolitanorum, qui nc secundum
vocarioncm Aposrolici
praesulis occurranr, a nmiuli principihus se dcrincri,
sine rationc causantur, placuit
.
que sicut dicunt ad pacriarchalc penitus non posse concurrere caput. Sed sancta haec et
nec concilia quae a metropolitans fiunt, interdicens, multo magis
novit rationabiliora esse, ac utiliora metropolitanoruin conciliis, quae a patriarchali
sede congregantur, et idcirco haec fieri exigit; a metropolita quippe unius quidem
universalis synodus,
ilia
provinciae dispositio efficitur; a patriarcha vero saepe torius causa dioecescos dispensaAc per hoc communis utilitas providetur, propter quod et speciale lucrum propter
bonum postponi convenit, cum a majoribus super haec facta fucrit advocatio.
Quamvis apud quosdam merropolitanorum antiqua consuetudo ct canonica traditio per
tur.
generale
contemtum ipsorum postposita vidcanrur, non currentibus eis ad communcm profectum, quos leges ecclesiac severe condemnantes, omni excusatione remota, subjacerc
vocationibus proprii patriarchae, sive cum communitcr sive cum sigillarim facrac fuerint, exigunt. Illud autem tamquam perosum quiddam ab auribus nosrris rcpulimus,
quod a quibusdam impcritis dicirur, non posse synodum absque principal! praesentia
celebrari, cum nusquam sacri canones convenirc saeculares principes in conciliis sanxennt, sed solos antistitcs; undc nec interfuisse illos synodis, exceptis conciliis univcrsali^J>us, invenimus. Neque enim fas est, saeculares principes, spectatorcs fieri rerum, quae
sacerdotibus Dei nonnumquam eveniunt. Quisquis ergo mctropolitanorum proprium
patriarcham contcmserit, cr vocarioncm ejus, quae sivc ad unum solum, sivc ad plurcs,
omnes fit, absque validissima acgrotationc, vel paganorum incursu, non obedieet per toros duos menses post notitiam vocationis ad proprium venire patriarcham
minime festinavcrit, vel si quocumquc modo latitare, aut non cognosccre nuntium ab
illo missum tentaverit, segrcgetur; si vero intra unum annum candem contumaciam et
inobedientiam demonstraverir, deponatur omnibus modis er ab omni sacerdorali operatione decidat, arquc a dignitate ct honore, qui metropolitans convenit, propellatur. Is
autem, qui huic definitioni non obedierir, etiam et anathema sir.
sive ad
rit,
18. Placuit huic sanctae et magnae synodo, ut res vel privilegia, quae Dei ecclesiis ex
longa consuetudine pertinent, et sive a divinae recordationis imperatoribus, sive ab
aJiis Dei cultoribus in scriptis vel sine scriptis donata, et ab eis per annos triginta possessa sunt, nequaquam a potestate praesulis earum quaecumque persona saccularis per
CANONES CONCILIORUM
538
potestatem subtrahat, aut per argument* quaeliher, aufcrat; scd sinr omnia in porcstate
ac usu pracsulis quaccumquc intra triginta spatium annorum ah ccclcsiis posscssa fuissc
noscuntur. Quisquis ergo saccularium contra pracseiuem dcHnirioncm cgcrit, tanquain
sacrilegus judicetur, ct donee sc correxerit et ecclesiac propria privilcgia sen res rcstituerit et rcscrvaverir,
anathema
sit.
cum multa
parcitatc
uti,
portune ac sine ratione dispendere, vel consumere redditus ecclcsiasticos sacri canones
decernunt; qua putas impietate judicabitur dignus, qui aliis episcopis commissas ccclesias
gravare vel ambire et per hoc sacrilegii crimen incidere non formidat? Quisquis ergo
post hanc definitionem nostram tale quid facere tentaverit, poenam subeat a patriarcha,
qui per tempus fuerit, secundum congruentiam injustitiae ac avaritiae suae, ct deponatur
et sequestrerur, ut sacrilegus, et aliter, ut idololatra factus juxta
magnum
apostolum.
quibusdam locis quidam propria usi auctoritate, ac sine voluntate illorum, quibus hujusmodi disposttioncs cotnmissae sunt,
audacter et tyrannice pellunt eos, qui per cmphytcusim perceperint aliquid ex iis locis,
quae possederunt, occasione quasi ruptae fidei circa pensionis pactum. Non autcm licet
omnimodis hoc fieri, nisi prius accipiat protestationem per quosdam idoneos ct fidelcs
homines is, qui emphyteusim contraxit; quod nisi dederit usque ad tres annos destinatum tributum sensus, propellatur a locis a se detentis. Oportet enim post trium annorum
20.
didicit,
quod
in
census retentionem accedcre ad praepositos urbis, vel regionis illius, ct arguere in conspectu eorum eum, qui emphyteusim consccutus est, et exhiberc contcmrum ejus, et
tunc sententia et judicio praedictorum recipiat ecclesia propria in possessionem. Sed
nequaquam quispiam apud se, vel per se faciat praedictorum ablationcm locorum;
suspectivum quippe tale, quin et multi turpis Iucri et avaritiac consistit indicium. Si
quis ergo episcopus aut metropolita praetcr hanc definitionem nostram abstulcrit aliquem locum a quoquam, putans, quod ecclesiam propriam defendat, sequcstrctur a
proprio patriarcha per aliquod tempus, dans primo quod per potestatem suani abstuhf
vel subripuit. Si vero contentiosus quis perstitcrit, non obediens his, quae sanctae ac universali synodo visa sunt, deponatur omnimodis.
21.
dixit,
Qui vos recipit, me recipit, et qui vos spernit, me spernit, 15 ad omnes etiam, qui post
eos secundum ipsos facti sunt summi pontifices et pastorum principes in ecclesia
Catholica, dictum esse credentes, definimus, neminem prorsus mundi potentium quem18
Luc. 10:16.
CONCILIUM CONSTANTINOPOUTANUM
IV
^eorum,
539
SSSu^S
Ph tlUn vd
tinn
uonem
^ J
^^
'
lucrum,
quasdam contra
recipiat. Si
ema
Porro
sit.
Komanorum
Romac
pontificcs.
electione et decrcro
et statuit,
contcntio,
cum
nullam in talibus potestatem quemquam, potcstarivorum, vel cacterorum laicorum habere conveniat, scd potius silcre, ac attendere sibi usqucquo rcgulariter a collegio
ecclesiastico suscipiat finem clcctio futuri pontificis. Si vcro quis laicorum ad concertandum et cooperandum ab ccclesia invitatur, licet hujusniodi cum reverantia, si forte
voluerit, obtemperare se asciscentibus; taliter enim sibi dignum pasrorcm rcgulariter ad
ecclesiae suae salureni promovcat. Quisquis autcm saccularium principum et potcntum,
vel alterius dignitatis laicus ad versus communcm ac consonantcm, atquc canonicam
electionem ecclesiastici ordinis agerc tentaverit, anathema sir, donee obediar, ac consenquod ecclcsia de electione ac ordinarionc proprii pracsulis se vclle monstravcrit.
ts
Venit et hoc nunc ad aures nostras, quod quidarn episcoporuni a quibusdam rogati possessiones, quae ad alias ecclesias pertinent, irrationabiliter conferant, et per hoc,
quantum possunt, ad propriam voluntateni in aliorum potestatem cpiscoporum usurpent. Hoc autcm ct prophcticam illLs manifeste maledicrioncm acquiret, quae dixit: Vae
qui co7ijungitis domum ad domuvi, et agrwn ad agrum, ut proxmio auferatis aliquid; 16
et criminis cos sacrilcgii reos constituit. Hujus rci gratia placuit magnac huic et universali synodo, quod nullus fratrum et cocpiscof>oruni nostrorum, vel quisquam ralem
facere nequissimam locationem rogct, vcl ab aliquo ipse rogatus quamlibet alicnaet extranearuni conferat ecclcsiarum possessionem; ncc ctiam constituat prcsbyteros, aut qucmlibet alium clcricum in ccclcsiis, quae sibi subjectae 11011 sunt, praeter
sibi
nim
voluntatem episcopi, cui ecclcsia ilia commissa est. Sed nequc quisquam prcsbytcrorum
vel diaconoruni, qui sacris orficiis dediti sunt, ultra ac per se ecclesias ingrediens, sacrum
aliquid operetur, in quibus ab initio sortem minimc conscquutus est; illicitum cnim est
hoc et omnimodis a canonicis praeceptionibus alienum. Quisquis ergo post hanc definitionem nostram visus fuerit faciens aliquid horum, quae nunc interdicta sunt, sepaxetur aliquo indicto tempore, discisso videlicet, et dirupto modi's omnibus locatorio pacto,
quod cum scripto sive sine scripto, praeter canonem factum est. Similiter et presbyter
" Isai.
5:8.
CANONES CONCILIORUM
sit, donee ab aliena recedat ecclesia. Quod si et segregationem contemserit, modis omnibus deponatur et ab omni honorc sacrato dcjiciatur.
ille,
Divina scriptura dicente, Maledictus omnis homo, qui facit opus Domini negliquidam metropolitanorum in extremam negligentiam, ct desidiam dcJapsi, pracceptionibus suis subjectos ad sc adducunt episcopos, et committunt cis eccJcsiae propriac divina officia et litanias ct cuncta omnino sacra, quae ad sc pertinent ministcria,
ita ut per illos celebrent omnia, quae per scmct alacriter agere debucrint, ac per id cos,
qui cpiscopalcm dignitatem merucrunt, quodamniodo clericos sibi subjectos cxhibcant.
Vacant autcm iidem practer ecclcsiasticas leges saecularibus curis, atquc dispositioni24.
gevter,
26. Placuit et de hoc sanctae synodo, ut quicumque presbyter, aut diaconus a proprio
cpiscopo depositus fuerit propter aliquod crimen, vel si quamlibet injustitiam se pati
dixerit, ct non acquicverit judicio proprii epscopi, dicens eum suspectum se habere, ct
vel propter inimicitiam, quam erga se tenuerit, vel propter gratiam, quam aliis quibusdam praestare voluerit, iccirco in se fuisse tale quid operatum, potestateni habeat ad
metropolitam ipsius provinciae concurrerc, et earn, quam putat injustam, dcpositioncin
vcl aliain laesionem denunciarc; metropolita vcro ille libenter suscipiat hujusccniodi, ct
advocet episcopum, qui deposuit, vel alio modo clcricum laesit, et apud sc cum aliis
etiam cpiscopis negotii faciat examen, ad conrlrmandam scilicet sine omni suspicione,
vel destruendum per generalem synodum et multorum sententia clerici dcpositioneni.
Similiter etiam episcopos concurrere ad patriarchate caput decernimus, qui a metropolitis suis talia se pertulisse fatentur, ut apud patriarcham metropolitarum, qui sub ipso
CONCILIUM CONSTANTINOPOLITANUM
per hoc ratum et
acquieverit
27.
asticis
iis,
firmum pcnitus
sit,
quod ab
Secundum
54 1
autem non
cxistat.
formas per singulas provincias, ac regiones, et urbes in ecclesiilia, quae indicia ct signa sunt ordinis, qui
vidctur, rctincri dccerninuis, ita ut cpiscopi, quibus conccssum est
traditas
promotion ibus
onicuique inesse
IV
et consccrationibus,
tali
pallio induerit,
aut a
aut monasticarum vestium schema deposuerit, aut corrigatur,
123 Habiti
(OECU.MEN.
IX)
1.
Nullus
2.
in
ter; nullus in
nisi
presby-
alias
oriri.
rum
puniatur.
solum
6.
Ordinationcs quae a Burdino haeresiarcha, postquam a Romana ccclesia est damquacque a pseudoepiscopis per euni postea ordinatis factae sunt, irritas esse de-
natus,
cern im us.
decanus
7. Nullus omnino archidiaconus, aut archipresbyter, aut pracpositus, vcl
animarum curam vel praebendas ecclesiae sine judicio vcl consensu cpiscopi alicui
tribuat; imo, sicut Sanctis canonibus constitutum est, animarum cura ct rcrum ccclcsi-
asticarum dispensatio in episcopi judicio permaneat. St quis vero contra hoc faccrc, aut
potestatem quae ad episcopum pertinet, sibi vindicare praesumpserit, ab ecclesiae liniinibus arcearur. (C.11, CXVI, q.7.)
8. Ad haec sanctae Romanae ecclesiae possessiones quietas servare per Dei gratiam
cupientes, praecipimus et sub districtione anathematis interdicimus, ne aliqua militaris
54-
9-
suis episcopis
munionem
v
Nuilus
10.
si
cxcommunicatos, ab
aliis
com-
cpicopum
nisi
Quod
(Li-3,
Eis
11.
qui Hierosolyixiani proficiscunrur er ad chrisrianam
gcntem defendendam et
tyrannidem inridclium debelJandani efficacircr
auxilium pracbucrinr, suorum potatorum remissioncm concedinius, er domos, et
familias, atque omnia bona corum in beari
rem
fuit,
et
suscipimus.
tur, praesuiiipscrinr,
excommunicarionis ulrionc pkctantur. L.os aurcm qui pro I lierosolymitano vcl Hispanico irincrc cruccs sibi in \esribus posuissc noscuntur ct postea
cruccs iterate assuincrc et \ iam ab instanri Pascha usque ad sequens proximuni
Pascha perficcre, apostolica auctorirare praecipimus. Alioquin ex tunc cos ab ecclesiae
mtroitu sequestramus ct in omnibus tcrris eorum divina officia, praetcr infantium
baptisma et morientiuni poenitcntias, intcrdicimus.
dimisisse,
12. Illam vero pravam porticanorum consuetudinem, quae hactenus ibi fuit, ex fratrum nostrorum et totius curiae consilio, nccnon et voluntate atque consensu pracfecti,
ut porticanorum habiratorum sine haercdibus moricntium bona
contra morientium deliberationem minime pervadantur, ita tamcn ut in postcrum
porricani in Romanae ecclesiae et nostrae nostrorumque successorum obedientia et
fidelitate permaneant.
removendam censemus,
13. Si
Quod
admonea-
si
tertio
omnium
i.)
sortio separetur.
16. Si quis Romipetas et peregrinos apostolorum limina et alioruni sanctorum oratoria visitantes capere seu rebus quas ferunt spoliare, et novis mercatores teloncorum et
C.XXIV,
tentaverit,
donee
satisfecerit,
communione
careat
q.3.)
CANONES CONCILIORUM
544
quorum
C.XVI,q.i.)
1 8. In parochialibus ecclesiis presbyteri per episcopos constituantur, qui eis rcspondeant de animarum cura et de iis quae ad episcopum pertinent. Deciinas et ecclesias a
non suscipiant absque consensu et voluntate episcoporum, et si aliter praesuniptum
fuerit, canonicae ultioni subjaceant.
laicis
19. Servitium quod monasteria aut eorum ecclesiae a tempore Gregorii papae VII
usque ad hoc tempus episcopis fecere, et nos concedimus. Posscssioncs ccclcsiarum et
episcoporum tricennales abbates vel monachos habere omnimodis prohibemus.
20.
vcntcs, ecclesias
cum
bonis
suis, tarn
ferunt,
serit et
personis
quam
officii
dcbituni pcrsol-
C.XXIV,
aratores
q. 3 .)
quando
Anno
'*
Statu imus,
si
39 Habiti
II
(OECUMEN. X)
Ulicite usurpavit.
Si quis
Praecipimus etiam quod tarn episcopi quam clerici, in statu mentis, in habitu corDeo et hominibus placere studeant, et nec in superfluitate, scissura, aut colore
vestium, nec in tonsura, intuentium, quorum forma et exemplum esse debent, offendant
aspectum; scd potius quae eos deceat sanctitatem prae se ferant. Quod si, moniti ab
episcopis, emendari noluerint, ecclesiasticis careant beneficiis.
4.
poris,
5> Illud
autem quod
in sacro
conservari praecipimus.
hominum
Ut
videlicet
oeconomi et clericorum permaneant potestate. Cesset igitur de cetero ilia detestabilis et saeva rapacitas.
Si quis autem amodo hoc attentare praesumpserit, excommunicationi subjaceat. Qui
diripiantur, sed ad opus ecclesiae et successors sui in libera
simili sententiae
sub-
jiciantur.
6. Decernimus etiam ut ii, qui in ordine subdiaconatus et supra, uxores duxerint, aut
concubinas habucrint, officio atque ecclesiastico beneficio careant. Cum enim ipsi temDei, vasa Domini, sacrarium Spiritus Sancti debeant esse et dici, indignum est eos
cubilibus et immunditiis deservire. (C.2, d.XXVIII.)
plum
7-
Ad
haec praedecessorum nostrorum Gregorii VII, Urbani et Paschalis Romanovestigiis inhacrentes praecipimus, ut null us missas eorum audiat quos
rum pontificum
uxores vel concubinas habere cognoverit. Ut autem lex continentiae et Deo placens
munditia in ecclesiasticis personis et sacris ordinibus diiatetur, statuimus quaienus epis1
CANON ES CONCILIORUM
54<$
sibi
8.
si,
quod
absit,
nuberc attentaverint,
observari decernintus.
9. Prava autein consuetude prout accepimus, et dctcstabilis inolcvit. (jiioniani monachi et regulares canonici post susceptutn habitum et professionem factain, sprcta
beatorum ntagistroruni Benedicti ct Augustini regula, leges reniporalcs et niediciiiaiti
gratia lucri temporalis addiscunt. Avaritiae namque flanimis accensi. se patronos causarum faciunt et, cum psalmodiac ct hymnis vacare dchcant, gloriosae vocis confisi munintinc, allegationum suarum varictate, justum ct injustuni, fas ncfasquc lonfiuulunr.
Attcstantur vero inipcrialcs constitutioncs, absurdum, into ct opprobrium esse clericis, si
peritos se velint disccptationum esse forensium. Hujusmodi tcmcratorcs gra\ irer f'cricitdos apostolica auctoritate decernintus. Ipsi quoquc, neglecta animarum cura, ordinis sui
propositum nullatcnus attendentes, pro detcstanda pecunia sanitatem pollicentes, hucuratores se faciunt corporum. Cumque inipudicus oculus impudici cordis
manorum
nuntius, ilia, de quibus loqui erubescit honestas, non debet religio pertracrarc. Ut
ergo ordo monasticus et canonicus Deo placcns in sancto proposito inviolabiliter conservetur, ne hoc ulterius praesumatur apostolica auctoritate intcrdicimus. Kpiscopi
autem, abbates et priores, tantae enormitati consentientes et non corrigentes, propriis
sit
honor ib us
10.
in
usu pietatis concessas esse canonica demonstrat aucprohibemus. Sive enim ah cpiscopis, vel
regibus, vel quibuslibet personis eas acceperint, nisi ecciesiae reddidcrinr, sciant se
etiam ut
Iaici,
11.
clcrici,
monachi, peregrini,
et
et niercatorcs, et
quibus aratur,
cum
sint.
feria, et
quoniam funiculus
CONSILIUM LATl-.RAXENSE
SStl^'
T
alS ^
T
que
uus
dSLentus
inventus fuerit,
fuc
tCStab
V^^7v
Cm
,
.
Cf
'
547
consi,iuni cc
si
quis in
omni tepiditate
a * iliu P^bcant,
hoc Dei opcrc
tepi-
dignitatis incurrat.
robrHS dlVi
-i
WMdiaL, damna
"
,,U,ri,,,m sibi
P
damnum propruc
II
humanis
mquam,
'
'
'
!T
vJ!L
SO,enr
*
'
rnaTrTT
us. yuod
'
si
viaticum
15-
non negcrur,
Item placuit, ut
encum
vel
si
monachum
ci
posccnti pocnircnria ct
16.
.}
Indubitatum est, quoniam honores ecclesiastici sanguinis non sunt sed meriti, et
Dei non haercditario jure aliqucm, nequc secundum carncm, succcssorem ex-
Gcclesia
',<
j^
tat '
suorum
religiosas
pcrsonas cxposcit. Proprcrca aucrorirarc prohihemus apostolica, nc quis ecpraebendas, pracposiruras, capcllanias, aut aliqua ccclcsiastica officia hacrcditario
jure valeat vindicarc, aut expostularc
pracsumat. Quod si quis improbus aut ambitionis
"us attentare praesumpscrir, debita poena mulctabitur et postulatis carebit.
ciesias,
Sane conjunctiones consanguincorum oninino fieri prohihemus. Hujusmodi namqui fere, stimulante humani generis inimico, in usum versus est, sanctoinstituta et sacrosancta Dei detestatur ccclcsia. Leges etiam saeculi de tali
contubernio natos infames pronuntiant et ab hacreditate repellunt.
17.
<jue incestum,
rum patrum
nujus nostrae prohibitionis promulgationem malo studio, sive pro odio, sive pro vindicta, ignem apposuerit, vel apponi fecerit, aut appositoribus consilium vel auxilium
scienter tribuerit, excommunicetur. Et si mortuus fuerit incendiarius, christianorum
careat sepultura. Nec absolvatur, nisi prius damno cui intulit secundum facultatem
suam resarcito, juret se ulterius ignem non appositurum. Poenitentia autem ei detur, ut
servitio
CANONES CONCILIORUM
54 8
19. Si
per
annum ab
zo.
hoc
relaxaverit,
damnum
restituat, et
et episcopis
21.
Presbyterorum
filios
removendos decernimus,
nisi
aut
22.
Sane quia
inter cetera
unum
est,
ecclesiam, falsa
falsis
pocnitcn-
riam esse constat, cum spretis plurihus, de uno solo poenitcntia agitur; aut cum sic agitur
de uno, ut non disccdatur ab alio. Unde scriptum est: Qui totam Ic^cvi obscriavcrit,
ofjcndit autem in uno, factus est omnium reus; 2 scilicet quantum ad vitam acrcrnam.
Sicut cnim, si peccatis csset omnibus involutus, ita si in uno tantum mancar, aetcrnac
vitae januam non intrabit. Falsa ctiam fit poenitcntia, cum pocnitens ab officio vel curiali
vel ncgotiali non reccdit, quod sine peccato agi nulla ratione pracvalet; aut si odium in
corde gestetur, aut si orTenso cuilibet non satisfiat, aut si offendenti offensus non indulgeat, aut si arma quis contra justitiam gerat.
23. Eos autem, qui religiositatis speciem simulantes, Domini corporis et sanguinis
sacramentum, baptisma puerorum, sacerdotium, et ceteros ecclcsiasticos ordines, et
legitimarum damnant foedera nuptiarum, tanquam haereticos ab ecclesia Dei pcllimus
et damnamus et per potestates exteras coerceri praecipimus. Defensores quoque ipsorum
ejusdem damnationis vinculo innodamus.
24. Illud
quoque
adjicientes praecipimus, ut
pro chrismatis,
pracbendas, vel
laici
quamvis
religiosi sint,
alia ecclesiastica
ecclcsiasticis facultati-
bus potestatem.
licet
q.2.)
27. Simili
ecclesia in
2
modo
Jac. 2:10.
cum
CONCILIUM LATERANENSE
II
549
Obeuntibus sane episcopis, quoniam ultra tres menses vacare ecclesias prohibent
patrum sanctiones, sub anathemate interdicinius, ne canonici de sede episcopali ab
electione episcoporum excludant religiosos viros, scd eorum consilio honcsta et idonca
persona in episcopum eligatur. Quod si cxclusis eisdeni religiosis electio fuerit celebrata,
quod absque eorum assensu et convenicntia factum fuerit, irritum habcatur et vacuum.
(C.35, d.LXHI.)
28.
X,
De
sagitt.,
Ad
V,
15.)
aliis
schismaticis et hacreticis
1.
i i
79 Habiti
(OECUMEN.
III
XI)
summi
non
hominc supcrseininantc
esse,
suinpserit ordinare,
et reccptus. Si quis
nomen
illc
Romanus
autem de
tcrtia pars noluerit concordarc, aut sibi aliiini pracpontifex habcatur, qui a duabus partibus fucrir clectus,
tertiae partis
tam
episcopi usurpaverit;
ipse,
quam
tum
in ultimis,
communio denegetur;
duabus partibus
serit,
ita
et nisi resipuerint,
si
cum Dathan
et
Abiron, quos
a paucioribus aliquis,
quam
ad apostolatus officium, nisi major concordia intercespraedictae poenae subjaceat si humiliter noluerit abstinerc.
fuerit electus
nullatenus assumatur, et
haberi. (C.6,
X,
De
elect.,
I,
6.)
careant impetratis. Alienationes quoque, seu invasioncs, quae per eosdem schismaticos,
per laicos factae sint de rebus ecclesiasticis, omni careant firmitatc et ad ccclcsiam
sine ejus onere revertantur. Si quis autem contraire praesumpscrit, excommunicationi
se noverit subjacere. Illos autem qui sponte juramentum de tenendo schismatc pracstiterunt, a sacris ordinibus et dignitatibus decrevimus manere suspensos. (C. 1, X, De
sive
schismat.,
3.
Cum
V,
8.)
moruni
CONCILIUM LATERANENSE
Iff'
facStatem
IST
*^"cu^?l
dK^Z-
H
"""^.r^
<
disponent de
tkCflnatUS
'
CO
liberan, habeat
quae
Cr r
.
ab
<
,,,,e ' , * I s
3,11
illis
"*hidcon "
'
nar,
55 ,
S^STn S
P^onve
t^lZ
& "
habu
mi
'
III
qm
:,dm0
1,10 rC
'n
,,,Ud,
"
'
liri
Cumaurcm
assu.nptus fucrit,
,rur
et
;1
si^hidiaconus
nibus tempore
Wum
KT
Um aP St0lUS
SU S Pro P riis
nr^/r
^ aufcrret
praedicandi
pscudoapostolis, et
* "
IIiani us
decreverit cxhibendos,
ut
locum
illis quibus pracdicabat, non cxisteret onegrave nimis et emendatione fore dignum dignoscitur, quod quidam fratrum et
eP ISCo oruni nostrorum,
ita
P
graves in procurationibus suis subditis cxistunt, ut pro
^
Ujusmodi causa intcrdum ornamenta ccclesiastica subditi
compcllantur cxponcre, et
ongi temporis victum brevis
hora consuniat. Quocirca statuimus, quod archiepiscopi
rosus;
:5
-..<
Jjpnta
v.
quinque non execdant; episcopi viginti vel triginta ncquaquam excedant. Archidiaconi
qutnque aut scptcm; decani constituti sub ipsis, duobus equis exisrant contend. Nec
venatoriis et avibus proficiscantur, sed ita procedant, ut non quae sunt
sua, sed quae
Jesu Christi quacrcrc vidcanrur; nec sumj)tuosas cpulas quacrant, scd
cum gratiarum actionc recipiant, quod honcstc et competcnter fucrit illis ministrarum.
Prohibemus etiam, ne subditos suos talliis et exactionibus episcopi gravarc pracsumant.
!U5tinemus autem pro molt is neccssitatibus, quae aliquoties superveniunt, ut, si manifesta et rationabilis
causa cxtitcrit, cum caritate moderatum ab eis valeant auxilium
Postulare. Cum enim dicat apostolus: Non detent parentibus filii thesaurizare, sed
cum canibus
parentes filiis; - multum longe a patcrna pictatc vidctur, si pracpositi suis subditis
graves existant, quos in cunctis neccssitatibus pastoris more fovere debent. Archidiaconi vero sive decani nullas cxactiones vel tallias in presbyteros scu clcricos cxcrccre
(C.6,
X,
De
cens.,
111,39.)
5-
si aliquem sine certo titulo, de quo necessaria vitae percipiat, in diapresbyterum ordinaverit, tamdiu necessaria ei subministret, donee in aliqua
Episcopus,
conum
vel
ei ecclesia
in
Vide
II
Cor. 12:14.
qui ordi-
CANONES CONCILIORUM
552
natur, extiterit, qui de sua vel paterna haereditate subsidium vitae possit habere. (C.4,
X, De praebend., Ill, 5.)
6. Rcprchensibilis valde consuetudo in quibusdam parcibus inolevit, ur fratres et
coepiscopi nostri, seu etiam archidiaconi, quos appellaturos in causis suis exisrimant,
nulla penitus admonicionc praemissa, suspensionis vel excommunication is in cos ferant
sententiam. Alii etiam dum superioris sentcntiam et disciplinam canonicam reformi-
si
Cum
omnia debeant ex caritate tractari, et quod gratis reimpendi; horribile nimis est, quod in quibusdam ecclesiis locum
venalitas perhibetur habere, ita ut pro episcopis vel abbatibus, seu quibuscumque
pcrsonis ccclcsiasticis ponendis in sede, seu introducendis presbyteris in ecclesiam,
necnon pro sepulturis et exequiis mortuorum, et benediction ibus nubentium, seu aliis
sacramcntis, aliquid exigatur, et ille qui indiget non possit ista percipere, nisi manuni
implere curaverit largitoris. Putant plures ex hoc sibi licere, quia legem mortis de
longa invaluisse consuctudine arbitrantur; non satis, quia cupiditate caecati sunt, attendentes, quod tanto graviora sunt crimina, quanto diutius animam infelicem tenuerint
alligatam. Ne igitur hoc de cetero fiat, et vel pro pcrsonis ecclesiasricis deducendis
ad scdem, vel sacerdotibus instituendis, aut mortuis scpelicndis, seu etiam nubentibus
benedicendis, seu etiam aliis sacramentis, aliquid exigatur, districtius inhibemus. Si
quis autem contra hoc venire praesumpserit, portionem cum Giczi se noverit habiturum; cujus factum turpis muneris exactione imitatur. Prohibemus insuper, ne novi
census ab episcopis vel abbatibus, aliisve praelatis imponantur ecclesiis, nec vctcris
augcantur, nec partem rcdituuin suis usibus appropriare praesumant; sed libcrrarcs,
quas sibi majorcs desiderant conscrvari, minoribus quoque suis bona voluntatc con7.
ceptum
in ecclesiae corpore
est,
gratis
scrvent. Si quis
autem
V,
De
3 et c.7,
X,
quod
X,
Dc
simonia,
8. Nulla ecclesiastica ministeria, seu etiam beneficia, vel ecclesiae, alicui tribuantur
seu promittantur antequam vacent; ne desiderare quis mortem proximi vidcatur, in
cujus locum et benefichim se crediderit successurum. Cum enim id etiam in ipsis
gentilium legibus inveniatur prohibitum, turpe nimis est divini plenum animadversione
judicii, si locum in Dei ecclesia futurae succcssionis cxpectatio habeat, quam etiam
S ^ml TJau
C
coJZnZ
mUnt
'
SC
'"^
p7^ 0 J r ;;,W
d
ad
Si
'
rCn
Sumh
rZcoL;
S "-
Wr AUt
MdZ Deum
nJ absque
T* iJlorum
n
contradictione
X
Si
cundum
"
beLm"nUn(
1
nuaV
P
au
553
-Icsiasticas, seu
>
SCX
)US '
'
innCS fortC
Deum cum
virorun! religioso-
L
uam hoc
Teml"Ct ^
p,SC
.
exc edentcs
d
pnvdcgia,
.
ibi
De
tum habearur.
hoc statuimus, ut
(C.3, X,
De
si
privilege V, 33.)
permittantur
in monasterio, non peculium
ecseu ad quascumque parochiales ponantur
CANONES CONCILIORUM
554
clesias; sed in
cum
Vae soli, quia si ceciderit non habet sublevantevi* Si quus .lutein cxactus, pro sua rcceptione aliquid dederit, ad sacros ordines non ascendar. Is autcni qui acccperir, officii
sui privatione mulcterur. Si vcro peculium habucrit, nisi ci ab abbatc pro injuncta
fuerit administratione permissum, a conimunionc removcatur altaris; er. qui in extremis cum peculio inventus fuerit, nec oblatio pro co fiat ncc inter fratrcs recipi.it
scpulturam. Quod ctiam de diversis religiosis praccipimus obscrvnri. Abbas criani qui
ista diligcnter non curavcrir, officii sui jacturam se novcrit incursurum. Prioratus
quoque
11. Clcrici in sacris ordinibus constituti, qui mulicrculas suas in domibus suis incontinentiae nota tenuerint, aut abjiciant eas et contincnter vivant, aut ab officio ct
Quicumque incontinentia ilia, quae contra naturam
est, propter quam venit ira Dei in filios diffidentiae, et quinquc civitatcs igne con-
sumpsit deprchensi fuerint labor are; si clerici fuerint, ejiciantur a clcro, vel ad poenitentiam agendam in monasteriis detrudantur; si laici, excommunicationi subdantur, et
a coetu fidclium fiant prorsus alieni. Monaster ia praeterea sanctimonialium si quisquam
clericus sine manifesta et necessaria causa frequentare pracsumpserit, per cpiscopuni
arceatur; et si non destiterit, a beneficio ecclesiastico reddatur immunis. (C.4, X, De
excess. praeU V, 31 et c.8, X, De vita et honest, cler., Ill, 1.)
subdiaconatu et supra, et in minoribus quoque ordinibus, si stipendiis
coram judice saeculari advocati in negoriis fieri non pracsumant, nisi propriam, vel ecclesiae suae causam fuerint prosecuri, aut pro miscrabilibus forte personis, quae proprias causas administrare non possunt. Scd nec
procurationes villarum, aut jurisdictions etiam saeculares sub aliquibus principibus, vel
saecularibus viris, ut justitiarii eorum fiant, clericorum quisquam assumere praesumat.
Si quis adversus hoc tentaverit, quoniam contra doctrinam aposroli est dicentis, Nemo
militans Deo, 'rmplicat se negotiis saecularibus* et saecularitcr agit; ab ecclesiastico fiat
ministerio alienus, pro eo quod officio clericali neglecto, ffuctibus sacculi, ut potenribus
saeculi placeat, se immergit. Districtius autem decrevimus puniendum, si religiosorum
quisquam aliquid praedictorum audeat attentare. (C. 1, X, De postul., I, 37 et c.4, X,
iz. Clerici in
ecclesiasticis sustententur,
Ne
cler. vel
13.
monach.,
Quia nonnulli
Ill, 50.)
modum
avaritiae
cum
non ponentes,
sacrorum canonum
ut
Eccles. 4: 10.
Vide
II
Tim.
2:4.
CONCILIUM LATERAXEXSE
"
'
am
III
555
JtuSnri
^T
Wicos
15.
Cum
in officiis caritatis,
illis
ecclestasrici
quidani
beneflcium
ab ecclesiis suis
a quibus nos
clerici,
cum
ecclesias acquisita, in alios usus praesumunt trans*#' tur c l u ' a ct ant 'tjuis canonibus constat inhibirum, nos etiam nihilominus
inhibemus. Indcmnitati itaque ecclesiarum providcre volentcs, sivc intcstati deccsserinr,
sive aliis conferrc
voluerint, penes ecclesias cadem bona praccipimus remanere. Prae
terea
quoniam quidani
pro ccrta pecuniae quantitatc cpiscopaJcm jurisdictioncm exercent, praesenti decreto statuimus, ut qui dc cctcro id praesumpscrit, officio suo privetur, et episcopus
conferendi hoc offlcium potestateni amittat. (C.y> X, De testament., Ill, 26 et c.i, X,
Ne prael. vie. suas, V, 4.)
*t
16. Cum in cunctis ecclesiis, quod pluribus et sanioribus fratribus visum fuerit, incunctanter debcat observari; grave nimis, et reprchensione est dignum, quod quarumecclesiarum pauci quaudoquc non tarn dc ratione, quam de propria voluntate
ordinationem mulroties impediunt, et ordinationem ecclcsiasticam proccdere non per-
dam
nostram constitutioncm impediat, si forte aliquis ad conscrvandarn ecclesiae suae consuetudinem, juramcnto sc dicar adstrictum. Non enim dicenda sunt juramenta, scd
potius perjuria, quae contra utilitatcm ecclcsiasticam et sanctorum patrum veniunt
instituta. Si quis autcm hujusniodi consuetudincs, quae nec ratione juvantur nec saens
congruunt institutis, jurarc j)racsumpserit, donee dignam cgcrit pocnitcntiam, a perceptione
sit
Dc
his,
HI. 11.)
17.
Quoniam
testate in
qua cos
ipsi
esse rcctoris,
CANONES CONCILIORUM
556
diffuderint,
ille
18. Quoniam ecclesia Dei, et in iis quae spectant ad subsidium corporis, et in iis
quae ad profectum veniunt animarum, indigentibus sicut pia mater providerc tenctur;
ne pauperibus, qui parentum opibus juvari non possunt, legendi et proficiendi opportunitas subtrahatur, per unamquanique ecclesiam cathedralem magisrro, qui cicricos
ejusdem ecclesiae, et scholares pauperes gratis doceat, compctens aliquod bencriciuin
quo docentis
assignctur,
aliis
in eis
flat alienus.
Dignum quidem
esse viderur, ut in
Dei fructum laboris sui non habeat, qui cupiditate animi dum vendit liccntiani
docendi, ecclesiarum profectum nititur impedire. (C.i, X, De magistris, V, 5.)
ecclesia
Non
19.
alii
HI, 49
et Eugenii praedecessorum nostrorum vesnundinas vel ferias, quas vulgo torneamenta vocant,
in quibus milites ex condicto venire solent, et ad ostentationem virium suarum et
audaciae temere congrediuntur, unde et mortes hominum et animarum pericuia saepe
20. Felicis
tigiis
inhaerentes, detestabiles
Thren.
1:1.
illas
CONCILIUM LATERANENSE
1^:
P^
F*cem,
III
557
fuerir,
quamvis
ei
. Tre gas
quorum
cujus
damnum
22.
Dc
treug. et pace,
clcrici, conversi,
I,
34.)
dum;
qui
Cum
honorem membris infirmioribus deferenquidam quae sua sunt, non quae Jesu Christi, quaerentes, Ieprosis,
habitare non possunt et ad ecclesiam cum aliis convenire, ecclesias et
ecclesiastici
cum
sanis
coemeteria non permittant habere, nec proprio juvari ministerio saccrdotis. Quod quia
procul a pietate Christiana esse dignoscitur, de benignitatc apostolica constituimus: ut
ubicumque tot simul sub communi vita fucrint congregati, qui ecclesiam cum coemcterio constituere, et proprio gaudere valeant presbytero, sine contradictione pcrmittantur habere. Caveant tamen, ut injuriosi veteribus ecclesiis de jure parochiali nequa-
quam existant. Quod namque eis pro pietate conceditur, ad aliorum injuriam nolumus
redundare. Statuimus etiam, ut de hortis et nutrimentis animalium suorum decimas
tribuere non cogantur. (C.2, X, De eccles. aedific, III, 48.)
occupavit saeva cupiditas, ut cum glorientur nomine
aut
et lignamina galearurn deferant, et pares eis,
etiam superiores in malitia fiant, dum ad impugnandos christianos, arma eis et necesSaraccnorum
saria subministrant. Sunt etiam qui pro sua cupiditate in galeis et piraticis
navibus regimen et curam gubernationis exerccnt. Tales igitur a communione ecclesiac
per
praecisos, et excommunicationi pro sua iniquitatc subjectos, et rerum suarum
saeculi principes catholicos et consules civitatum, privatione mulctari, et capicntium
maritimarum
servos, si capti fuerint, fore censemus. Praecipimus etiam, ut per ecclesias
24. Ita
quorumdam animos
ferrum
CANONES CONCIUORUM
558
tur,
damnanda
V,
De
V, 6
Judaeis,
et c.3,
X,
Dc
raptorib.,
17.)
25.
Quia
in
omnibus fere
praetermissis, quasi
licirc
locis
crimen usurarum
inolevir, ut inulri
ita
aliis
negotiis
communionem
Judaei sive Saraceni ncc sub alcndorum puerorunr obtentu, nec pro servirio, ncc
qualibct causa, Christiana niancipia in domibus suit penuittantur habere. I'xcom-
26.
alia
inunicentur autcin qui cum eis pracsumpscrinr habitare. Testimonium quoque eliristianorum adversus Judacos in omnibus causis, cum illi adversus christianos tcstibus suis
utantur, recipiendum esse censcmus; et anathemate deccrnimus feriendos, qiiicunique
Judacos christianis volucrint in hac parte praefcrre, cum eos subjacere christianis oporteat, et ab eis pro sola humanitatc foveri. Si qui practerca, Deo inspirante, ad ridcni sc
sub poena excommunicationis injungimus, ut portionem haercditatis ct bonoruni suex integro eis facianr. exhiberi. (C.5, X, De Judaeis, V, 6 et c.21, X, De testibus,
orum
II,
20.)
beams Leo, licet ecclesiastica disciplina sacerdotali contenta judicio crucntas non efficiat ultiones; catholicorum tamen principuni constitution ibus adjuvatur,
uc saepe quacrant homines salutarc remcdium, dum corporalc super se metuunt evc27. Sicut ait
cum
cis
cxcrccrc pracsuinat.
autem in hoc peccato decesserint, non sub nostrorum privilcgk)rum cuilibcr indultorum obtentu, ncc sub aliacumquc occasionc, aut oblatio fiat pro cis, aut inter
Si
christianos
rccipiant
sepulturam.
Dc
Brabancionibus,
ct
Aragonensibus,
Navarns.
Bascolis, Cotcrellis, ct Triaverdinis, qui tantani in christianos inuiianitatcm excrccnt, ut nec ecclcsiis nec Monastery's deferant, non viduis et pupillis, non senihus
et pucris, ncc cuilibct parcant aetati aut sexui, sed
paganoruni, omnia perdant
more
et vastent; similiter constituimus, ut qui cos conduxcrint, vcl tenuerint, vcl fovcrint
solcmnibus diebus
per regiones, in quibus talitcr debacchantur,
in
dominicis ct
aliis
per ccclesias publice denuncientur, et eadem onmino sentcntia et poena cum praedictis
haereticis habcantur adstricti, nec ad communionem recipiantur ccclesiae, nisi societatc
et
ilia pestifera et haeresi abjuratis. Rclaxatos autem sc noverint a debito fidclitatis
5
CONCILIUM LATERANENSE
III
559
fidelibus
seu alioruni
sicut
cos, qui
scpulcbrum
domtmcum
tarn in
sub ccclcsiac def'ensione rccipinius. ct ab univcrsis in<piictationibus,
vesrrum pracrebus, quam in pcrsonis, staruimus manere sccuros. Si vero quispiam
feriatur;
sumpscrit cos molesrarc, per episcopum loci c.vcommunicationis senrentia
et dc illatis
et tamdiu sententia servetur ab omnibus, donee et ablata reddantur,
former
tabbus
qui
damnis congruc iterum sarisfaciat. L'.piscopi vero, sive prcsbyteri,
aposrobcac
non restiterinr, officii sui privatioiic mulctcntur, donee miscncordiam
visitant,
X,
Dc
haeret.,
V,
7.)
Habiti
IV (OECUMEN.
XII)
Firmiter credimus, et simplicitcr confitemur, quod unus solus est verus Dcus,
aeternus, ct immensus, omnipotens, incommutabilis, incomprchensibilis et ineffabilis,
1.
Pater, et Filius, ct Spiritus Sane t us; tres quidem pcrsonae, scd una essentia, substantia,
seu natura simplex oninino. Pater a nullo, Filius autem a solo Patre, ac Spiritus Sanctiis
ab utroquc paritcr, absque initio semper et fine. Pater gencrans, Filius nascens, ct
Spiritus Sanctus proccdens; consubstantiales et coacqualcs, coomnipotentcs et coactcrni,
ununi univcrsorum principiuni, creator omnium invisibilium ct visibilium, spiritualium
et corporalium, qui sua omnipotenti virtute simul ab initio temporis utramque dc
nihilo condidit creaturam, spiritualem et corporalem, angelicam videlicet et mundanani,
communem
enim
et
daemones
alii,
Deo quidem
divinitatem
sit
nemo
secundum
claves ecclesia
quam
videlice
adultis,
CONCILIUM LATERANENSE
IV
56
aetemam
Damnamus
edidit contra
maniteste protestans,
nec
quod nulla est res, quae sit Pater ct Filius ct Spiritus Sanctus,
nec substantia, nec natura; quamvis conccdat, quod Pater ct Filius
Sanctus sunt una essentia, una substantia, unaquc natura. Vcruin unitateni
est essentia,
et Spiritus
>
Petro
et ineffabilis
quae veraciter
ac singulatim quaelibet earumdem. Et ideo in Deo trinitas est solummodo non quaquia quaelibet trium personarum est ilia res, videlicet, substantia, essentia,
quae sola est universorum principium, praeter quod aliud inveniri
non potest. Et ilia res non est generans, neque genita, nec procedens; sed est Pater
ternitas,
qui generat, Filius qui gignitur, et Spiritus Sanctus qui procedit; ut distinctiones sint
in personis, et unitas in natura. Licet igitur alius sit Pater, alius sit Filius, alius Spiritus
Sanctus, non tamen aliud; sed id quod est Pater, est Filius, et Spiritus Sanctus, idem
2
8
Act. 4:32.
Vide I Cor. 6:17.
*Ibid., 3:8.
8
Rom. 12:5.
Ruth 1:16.
7
CANONES CONCILIORUM
5 6z
transtulcrit
alioquin
sic
cam
dcdcrit
Filio,
quod non
ab utroquc procedens.
inquiens, ut ipsi sint
Cum
unum
desiissct
esse
substantia.
in nobis, sicut et
nos
suis
ad Patre:n
unum sumus:
:C)
orat:
Volo,
cunctorum
Domino, mater
fidelium, disponente
et
summa
non
est et magistra.
mcntcm
censenda sit quam
tarn haeretica
Reprobamus
sic
ctiain
pater mendacii
insana. (C.2, X,
Dc
trinit., I, i.)
ecclesiis, a
nisi
et inducantur, et,
potcstates,
ita
si
quibuscumque fungantur
pro defensione
fidei praestent
publice juramentum,
quod de
bona
fide
domini
sine ulla contradictione possideant, et in fidei puritate conservent: salvo jure
10
11
Joan. 17:22.
Matt. 5:48.
CONCILIUM LATMRA\K\SE
"nmos
n,,,,, " n
<
:''
Pt0rC
CrC:
cationrL?,
arfVlT
2!^ ,^
nec
*ra
'
quod
lea
****
"cr privilcgio s
rcrrac sancrac Mibsidium conccdirur. Credences
v cro.
faurorcs hacrericorum. cxcoinmunicarioni dc-
.I"!^
dcfcnscTcs.'
'
51
?.
'
'
n,Urn ad,nirrarur
-
faailtat
auoc
563
exterminiiim
mfZ!
us
IV
3d
h:,crci,miris
succcssioncin
accedar.
P=
JJ^ato danmenrur.
2
I
0,
nm
.
ejfe
^em
co
Ian"
CatUr VIm,Icra
nnt exconini u"icnrionis senrcntia usque ad satisfactioncm idoncam pcrcclclerici non cxhibcanr luijusmodi pcsrilcnribus ccclcsiasrica sacramcnta,
^
^"e
^
'
'
nec
r stlanac praesiunant scpulrurae
rradere, nec elccmosynas, aur oblationes
eon 11 acciDl!ant;
alioquin suo priventur officio, ad quod nunquam resriruantur absque
^"f"!
uito sedis apostolicac
speciali. Similiter quilibet regularcs, quibus hoc etiani in-
I
I
*
'
.
njgatur, uc eorum
privilcgia in ilia dioccesi non scrventur, in qua talcs excessus
praesumpserint perpcrrare. Quia vero nonnulli
sub specie pietatis, virtuteni ejus,
ait apostolus, abnegantes auctoritatem sibi vindicant praedicandi, cum
em apostolus dicat: Quo?nodo praedicabunt, nisi mittantur? onirics qui proliibiti,
non missi, praetcr auctoritatem ab apostolica scde, vel catholico episcopo loci
susccptam publice vel privarim
praedicarionis officium usurparc praesumpserint, excommunication is vinculo innodentur; et nisi quantocius rcsipuerint, alia competent!
Poena plectantur. Adjicinius insuper,
ut quilibet archicpiscopus, vel cj)iscopus, per
aut archidiaconum suum,
vel idoneas pcrsonas honcstas, bis aut saltern semcl in
*nno propriam parochiam, in
qua fama fuerit, hacreticos habitare, circunieat; er ibi
tres vel plures
boni tcstimonii viros, vel etiam, si expedire videbirur, totani viciniain,
jurare compellat; quod si
quis ibidem liaereticos sciverit, vel alios occulta conventicula
celebrantes, seu a communi conversationc fideliuni vita et morbus dissidentcs, eos
episcopo studcat indicare. Ipse aurem episcopus ad pracsentiam suam convocct accusatos; qui nisi sc ab
objecto rcatu purgaverint, vel si post purgationem cxhibiram
pristinam fuerint relapsi pcrfidiam, canonicc puniantur. Si qui vero ex cis juramenti
religionem obstinatione damnabili respuentcs, jurarc forte noluerint, ex hoc ipso
tamquam hacretici reputcntur. Volumus igitur et mandamus, et in virtute obedientiac
districte praecipimus, ut ad hacc efficaciter exequenda episcopi per diocceses suas
diligenter invigilent, si canonicam efTugcre voluerint ultioncm. Si quis enim episcopus
super expurgando dc sua dioecesi haercticae pravitatis fenncnto negligens fuerit vel
}nna quod
remissus;
locum
pravitatem. (C.13, X,
De
haeret.,
V,
7.)
CANONES CONCILIORUM
564
filii
pastor. Si quis
sacrosanctae
autem quid
Romanae
tale
De
bapt., Ill, 42
mento, licenter et ipsi suis sufFraganeis pallium largiantur, recipientes pro sc professionem canonicam, et pro Romana ecclesia sponsionem obedicntiae ab eisdem. Dominicae
vero crucis vexillum ante se faciant ubique deferri, nisi in urbc Romana, et ubicumque summus pontifex praesens extiterit, vel ejus legatus utens insigniis apostolicae
dignitatis.
eorum
cum
interpositis,
33.)
et
maxime quae
idoncas personas, providas videlicet et honestas, quae per torum annum simplicitcr
de piano absque ulla jurisdictionc solicite investigent quae correcrione, vel rcformaalios
tionc sint digna, et ea fideliter perferant ad mctropolitanum et sufFragancos et
in concilio subsequent^ ut super his et aliis, prout utilitati et honestati congruent,
publicantcs
pro v ida deliberation procedant; et quae statuerint, faciant observari,
et
Quisquis
V,
1.)
CONCILIUM LATERAXEXSE
IV
565
Jomr^r^
infra terminum
^ episcopo
competentem ab
pracfigcndum. Alioquin cx tunc cpiscopus Dcu.n habcns
prae ocuiis, omni contradicrionc
ccssantc, ipsos prout animarum cura cxcgerit per
censuram ecclesiasticam corrigere
non postponat. Sed ct alios corum execssus conacre
non omittat, prout animarum
causa rcquirir, debito tamcn online in omnibus obscrvato
v-eterum si canomci absque
manifesta ct rationabiJi causa, nuximc in contcmprmn
se
"d \\
A studiose ac fidclitcr
illud
quoniam super
De
his
I,
31.)
quod
PP
-iiviJIicus
ille
qui diffamatus crat apud dominium suum, quasi dissipasser bona ipsius,
Quid hoc audio de te? Redde rationem villicationis tuae; jam enim
non poteris villicare.^ Et in Genesi Dominus ait: Descendant, et videbo, utru?n
clamorem, qui venit ad me, opere compleverint.** Ex quibus auctoritatibus manifeste
comprobatur, quod non solum cum subditus, verum etiam cum praelatus excedit, si
per clamorem et famam ad aures superioris pervenerint, non quidem a male vol is et
maledicis, sed a providis ct honestis; nec seme! tantum, sed saepe, quod clamor innuit,
et diffamatio manifestat,
debet coram ecclesiac senioribus veritatem diligentius perscrutari; ut, si rei
poposcerit qualitas, canonica districtio culpam feriat delinquentis;
non tamquam sit actor ct judex sed quasi defcrcnte fama, vel denunciante clamore,
officii sui debitum exequatur.
Licet a u tern hoc sit obscrvandum in subditis, diligentius
tamen obscrvandum est in praclatis, qui quasi signum sunt positi ad sagittam, et quia
non possunt omnibus complacere, cum ex officio tencantur non solum arguere, sed
etiam increparc, quin etiam intcrdum suspendere, nonnunquam vero ligare; frequenter
odium multorum incurrunt et insidias patiuntur. Idco sancti patres provide statuerunt,
ut accusatio praelatorum non facile admittatur, nc concussis columnis corruat
aedificium; nisi diligens adhibeatur cautela, per quam non solum falsae sed etiam
malignae criminationi janua praecludatur. Verum ita voluerunt providere praclatis,
ne criminarentur injuste, ut tamen caverent nc delinquerent insolenter; contra moraudivit ab
ilJo:
bum utrumque
invenicntes
quae ad diminutioncm
congruam medicinam,
videlicet,
ut criminalis accusatio,
capitis, id est,
famatus, ita ut jam clamor ascendat, qui diutius sine scandalo dissimulari non possit,
vel sine periculo tolcrari absque dubitationis scrupulo, ad inquirendum et puniendum
non ex odii fomite, sed caritatis procedarur affectu; quatcnus si gravis
ejus execssus,
omnino, quod
est
12
Luc.
16:2.
18
Gen.
18:21.
CANONES CONCILIORUM
5 66
exponenda sunt
ei ilia capitula,
judicii,
illo
quoque forma
dicretur.
facilius tt
i.)
secundum
neos, qui
ccclesiastica
se noverit
mucrone percussum,
deponatur, adhibito,
pescendam. (C.14, X,
10.
si
et
si
nec
sic resipuerit
De
I,
31.)
pabulum
noscitur sibi esse necessarium, quia sicut corpus materiali, sic anima spiritucibo nutritur, eo quod non in solo pane vivit homo, sed in omni verbo quod proce-
maxime
ali
saepe contingat, quod cpiscopi propter occupationcs multioccasiones alias, ne dicamus defectum scientiae, quod in eis est rcprobandum omnino, nec de ccrero tolcrandum, per sc ipsos non sufficiunt ministrare populo verbum Dei, maximc per aniplas dioeceses et diffusas, gcnerali constitutionc sancimus, ut cpiscopi viros idoneos
ad sanctae pracdicationis oflicium salubriter exequendum assumant, potcntes in opcrc
dit
de ore Dei. 1 *
Unde cum
et sermonc, qui plebcs sibi commissas vice ipsorum, cum per sc idem ncquivcnnf,
visitantes, cas verbo aedificcnt et exemplo, quibus ipsi, cum indeguermt,
congrua neccssaria ministrent, ne pro ncccssariorum defectu compel lantur desisrerc
ab incepto. Unde praecipimus, tarn in cathedralibus quam in aliis conv cnrualilms
ecclesiis viros idoneos ordinari, quos episcopi possint coadjutorcs et coopcratorcs
habere, non solum in praedicationis officio, verum etiam in audiendis confessionibus
quis
et poenitcntiis injungendis, ac ceteris quae ad salutem pertinent animarum. Si
autem hoc neglexerit adimplere, districte subjaceat ultioni. (C.i5, X, De offic. jud.
solicitc
ordin.,
I,
31.)
"Matt.
4:4.
CONCILIUM LATERAXEXSE
^^^rJITZ
"
rdeS
niultis
nihilom in n
",T
'
srud,u '
IV
-fa
opportunitas proficiendi
^'T
'
<
'
quoniam
>nic,!iro
Cum
IMStrUar
l,xr;1
'
in
aC
"\Ct ,C ^" dl
ol,scrvarur
,,,C
CicaeTen u
ia
'
cStST
Parte
"
ecclcs^ s
"tnonsoW
Str<
m ,?
nt
in
)(,ssc
I
>*>""
><> ri
quae ad curam
_
magistrorum a capirulo
ipirulo
'
(r
<*-4
v
A,
1
"
CCC,CM;l
It
De
Sin
oecesa
non
SIJ:1C
magist., V, 5.)
quod
^ ulis
1
r^h"
abeiicium,
Cniantl
r mis
nac novitate quidquam difficulratis cmcrscrit, quod per praedicras personas nequcat
ad apostolicae sedis judicium absque scandalo referatur, ceteris irrefragabiliter
observatis, quae concordi fuerint deliberationc provisa. Porro dioecesani episcopi
monasteria sibi subjecta ita studeant rcformare, ut cum ad ea praedicti visiratores
expediri,
accesserint, plus in
dignum;
illis
attentissinic
CANONES CONCILIORUM
568
aggravcntur. Quia sic volumus supcriorum jura servari, ut inferiorum nolimus injurias
sustincre. Ad hoc districte praccipimus tarn dioccesanis episcopis, qunm personis quae
praccrunt capitulis cclebrandis, ut per censuram ccclcsiasticam, nppcll.uionc rcmota,
compescant advocatos, patronos, viced ominos, rcctorcs ct consulcs. magnates et
militcs, sen quoslihct alios, nc monastcria pracsumant offendcrc in personis ac rebus;
ac si fortisan offendcrint, cos ad satisfactioncm compcllcrc non omittant, ur libcrius
ct quietius oinnipotenti Deo valcant famulari. (C.7, X, Dc statu monach., Ill, 35.)
13.
Ne
in
ccclcsia
Dei confusioncm
inducat,
firm iter prohibcnius, ne quis de cetcro novam rcligioncm inveniat, scd quicumijuc
voluerit ail rcligioncm convcrti, unain dc approbatis assumat. Similircr qui voluerit
religiosam
domum
(juis
in divcrsis monasteriis
tie
religionibus
locum nionachi
rclig.
vivere
14. Ut clericorum mores ct actus in melius reformentur, continentcr et caste
studeant univcrsi, praesertim in sacris ordinibus constituti, ab omni libidinis vitio
praecaventcs, maximc illo, propter quod ira Dei venit de coelo in filios dirfidentiae,
quatcnus in conspectu Dei omnipotentis puro corde ac mundo corpore valeant
ministrare. Ne vcro facilitas veniae incentivum tribuat delinquendi, statuimus, ut
qui deprehensi fuerint incontincntiae vitio laborarc, prout magis aut minus pcccavcnnt,
puniantur secundum canonicas sanctiones, quas efficacius et districtius praecipimus
a
observari, ut quos divinus timor a malo non rcvocat, temporalis saltern poena
peccato cohibeat. Si quis igitur hac de causa suspensus, divina celebrare praesuinpsent,
non solum ecclesiasticis benefices spolictur, verum etiam pro hac duplici culpa
sustincre,
jugalcm,
si
(C.13, X,
15.
lapsi
De
vit. et
honest,
cum
uti.
Unde vinum
sibi
crapula et ebrietate
omnes
clerici
diligenter abstineant.
se vino;
ille
cxhaurit. Si quis
autem super
praesumant. (C.14, X,
De
vit. et
honest, cler.,
Ill, 1.)
joculatoribus et histrionibus
causa necessitatis in
ludis intersint.
Coronam
et
diy
et se in officiis
niinia
desuper indumenta,
necnon manic
CONCILIUM LATERAXEXSE
IV
569
2""
connexis. (C.15, X,
He
indc
vir. ct
1.)
quatcr in anno,
hacc eclcbranrur, interfugienrcs. inrendunt cxtcrius collocurionibus laicorum; dumque
auditum ad indebiros scrmoncs clFundunt,
aurcs intenras non porrigunt ad divina.
aec igitur ct similia sub poena
suspension is penitus inhibemus; districtc praccipientcs
et,
inrercssc
contemnunt;
ct
si
quando,
dum
sunt,
in virtutc obedicntiac,
ur
Dcus
eis
18. Sententiam sanguinis nullus clericus dictet aut proferat, sed nec
sanguinis
vindictam cxerceat, aut ubi cxcrcctur intersit. Si quis autcm hujusinodi occasione
person is ccclesiasricis aliquod pracsuinpserit inferre dispendium,
per censuram ecclcsiasticam compescatur. iNcc quisquaui clericus litteras scribat, aut
dieter pro vindicta sanguinis
destinendas. Unde in curiis principum haec solicitudo
non clericis sed Jaicis committatur. Nullus quoque clericus rottariis aut balistariis,
aut hujusmodi viris sanguinum praeponatur, nec illam chirurgiac partem subdiaconus,
diaconus vcl saccrdos exerccant, quae ad ustioncm vcl incisionem inducit. Nec quisquam
purgarioni aquae scrvenris vcl frigidae, scu fcrri candentis, rirum cujuslibet benedictionis aut consccracionis inipcndat, salvis nihilominus prohibirionibus de monomachiis sive ducllis antea promulgatis. (C.9, X, Nc clcr. vcl monach., Ill, 50.)
Relinqui
videantur,
comcdit domus Dei, firmitcr inhibemus, ne hujusmodi supcllectilia in ecclesiis admittantur, nisi propter hosrilcs incursus, aut incendia repentina, seu alias necessitates
urgentcs, ad eas oporteat habere rcfugium. Sic tamcn ut necessitate ccssantc, res in
loca prisrina rcporrentur. Praecipimus quoquc ut oratoria, vasa, corporalia ct vestimcnta
pracdicta, munda ct nirida conscrventur. Nimis enim videcur absurdum, in sacris
sordes negligcre, quae dedecerent etiam in profanis. (C.2, X, De custod. eucharist.,
"I, 44.)
20. Statuimus, ut in cunctis ecclesiis chrisma et eucharistia sub fideli custodia,
clavibus adhibiris, conscrventur, ne possit ad ilia temeraria manus extendi, ad aliqua
Iiorribilia vel nefaria exercenda. Si vero is ad quern spectat custodia, ea incaute
reliquerit, rribus mensibus ab officio suspendatur. Et si per ejus incuriam aliquid
nefandum inde
HI, 44
>
De
custod. eucharist.,
CANONES CONCILIORUM
57
21.
Omnis
utriusquc scxus
postquam ad annos
fidclis,
sua solus peccata confiteatur fidclitcr, saltern semel in anno, proprio saccrdoti,
et
Undc boc
caecitatc
non
ut
more
quisquam ignnrantiae
velamen excusationis
pcriti
autcm
discretus et cautus,
sit
sauciati; diligenter
intelligat, quale
illi
modo
quovis
si
illud
ulla
requirat;
Cum
22.
infirmitas corporalis
contingat;
nonnunquam
Vade,
et
tie
dcterius aliquid
tibi
cum cos ad infirmos vocari contigcrit, ipsos ante omnia moncant et inducant,
quod medicos advocent animarum; ut postquam infirmis fucrit dc spirituali salute
provisum, ad corporalis mcdicinae remedium salubrius proccdatur, cum causa cessante
ccsset effectus. Hoc quidem inter alia buic causam dedit cdicto, quod quidam in
acgritudinis lecto jaccntes, cum cis a mcdicis suadctur, ut de animarum salute disponant,
in despcrationis articulum incidunt, unde facilius mortis pcriculum incurrunt. Si quis
autcm mcdicorum bujus nostrac constitutionis, postquam per praelatos locorum fuerit
ut
transgressor cxtitcrit,
publicata,
transgressionc
hujusmodi
tandiu ab
satisfeccrit
ingrcssu
ecclcsiae
compctcntcr. Cctcrum
arceatur,
cum anima
23.
bus
Nc
in
donee pro
sit
multo
mcdicorum
(C.13,
pro defectu pastoris gregem dominicum lupus rapax invadat, aut in facultatigrave dispendium patiatur; volcntes in hoc ctiam occurrere
pcriculis
mcnto
cessante,
si
clectio eclcbrata
non
careant ea vice, ac ipsa cligendi potestas ad cum, qui proximo praecsse dignoscitur,
dcvolvatur.
non
Is
cum
Dominum
viduatam ecclcsiam de persona idonea, ipsius quidem ecclesiac, vcl alterius, si digna
non repcriatur in ilia, canonice ordinare, si canonicam volucrit effugere ultionem.
(C.41, X,
15
De
elect., I, 6.)
Joan. 5:14.
CONCILIUM LATERANENSE
IV
571
commode
possunt
et
in
eligatur,
in
eligendi
porcstas
de collegio
mox
scriptis redacta
is
publicent
collatione adhibita
onirics,
committatur,
idoneis
viris
qui vice
omnium
ecclesiae
communiter
ab omnibus, quasi per inspirationem divinam absque vitio cclebrata. Qui vero
esset
contra pracdictas
clectionis negotio
in
procuratorem constituat,
sit
venire
ne quis
intcrdicimus,
penitus
Illud
uni
tres
aliquibus
viduatae provideant
nisi
assumantur
intcrcsse,
singillatim
non
si
si
voluerit,
statuentes,
quam
Dc
elect., I, 6.)
25.
de
Quisquis electioni
electioncm hujusmodi,
ab
quam
commodo
careat,
et
in-
Qui vero
officiis
privati.
libertatem, et electionis
fiat,
eligibilis
factae
se
(C.43, X,
Dc
elect.,
I,
6.)
ad regimen
quod ecclesiae Dei magis officiat, quam quod indigni assumantur praelati
animarum. Volcntcs igitur huic morbo necessariam adhibere medelam,
irrcfragabili
26.
Nihil est
marum assumptus,
electionis
ipse,
processum,
et
ad
qucm
personam
si
cum quisquam
clecti, ut
cum omnia
maxinic
potestate,
si
hominem
munus
ei
cum de
insufficientis
vcrum ctiam nc
suspendatur,
fuerit in
rite concurrerint,
illegitimac
ad regimen ani-
ciendus est
gentia,
fuerit
quousque
si
aliquo casu
aequum
poenam
fuerit,
illius
careat
Si convictus
quoque
tales
Ceterum qui ad
firmationcm
sentent, vel
Romanum
officii,
si
et
ejus se conspectui,
si
commode
potest
fieri,
personaliter reprae-
sui
plenitudinem asscquantur
ita
officii,
quod interim valdc remoti, videlicet ultra Italiam constituti, si electi fuerint in Concordia, dispensative propter necessitates et militates ecclesiarum, in spiritualibus et
temporalibus administrcnt; sic tamen ut de rebus ecclesiasticis
nil
penitus alienent.
572
Cum
zj.
movcndos
ars artium
sit
regimen animarum,
districtc
viros idoneos, super divinis ofliciis et ecclcsiasticis sacramentis, qualitcr ea rite valcant
quoniam
celebrarc;
potcrit
facile
Dc
X,
(C. 14,
Quidam
28.
Scd
niittunt.
si
I,
14.)
actat. et qualit.,
liccntiam cedendi
cum
cum
ambo
in
foveam
dilabuntur.
in
quorum neutrum
suasioni-
bus aliquorum quaerentium quae sunt sua, scu ctiam levitate qualibet, volumus impediri, ad ccdendum eos decernimus compcllendos. (C.12, X, De renunciat., I, 9.)
De
29.
multa providentia
fuit in
nuni instituta; alioquin et recipiens sic receptum amitteret et Iargiendi potestate conferens privaretur. Quia vero propter pracsumptiones ct cupidit.itcs quorumdam nullus
hactenus fructus aut rarus dc pracdicto statuto provenit; nos cvidentius et cxpressius
occurrcre cupientes, praescnti decrcto statuimus, ut quicumquc receperit aliquod beneficium habens
si
si
Is
sit
quoque,
ad quern prioris spectat donatio, illud post rcccptionem altcrius liberc conferat, cui
nicrito vidcrit conferendum; et si ultra tres menses conferre distulerit, non solum ad
alium secundum statutum Latcranensis concilii ejus collatio dcvolvatur, vcrum ctiam
tantum de suis cogatur proventibus in utilitatcm ecclesiac, cujus illud est beneficium,
quantum a tempore
Hoc
eadem ecclesia nullus
plures dignitatcs aut personatus habere praesumat ctiamsi curam non habeant animarum. Circa sublimes tamen et littcratas pcrsonas, quae majoribus sunt beneficiis
honorandae, cum ratio postulaverit, per sedem apostolicam poterit dispensari. (C.28,
assignare,
idem
X,
in
De
praebend.,
in
Ill, 5.)
Grave nimis
est et
post
primam
beneficiis per
ct
in
Deo
morbo mederi,
pracci})imus ut praetermissis
et ecclcsiis vclint et
secundam correctionem
in-
quod
codem
et
hoc
HI,
5.)
in
CONCILIUM I.ATERANENSE
31.
Ad abolcndam
prohibemus, nc canonicorum
firmitcr
plerisque
in
fllii
maxime
quibus
ecclcsiis, in
32.
pcssimam, quae
tales,
X,
16,
Dc
ut dictum
fil.
corruptclam,
fuerit contra
si
573
ecclcsiis,
praesumptum, deccrninms
I, 17.)
in
inolcvit
est,
presbyt.,
IV
earumdem
adeo cxiguam
tam quartac,
id est,
igitur os
fit
modicam habeat
pcritiain litterarum.
Cum
debcat dc
altari;
rius
cura rcquirit,
ecclesiac
nisi forte
ncxa; in
oporteat
cum
ut
se
ipsum
praebendae
is
illi
alte-
sit
in
sufficiens assignetur.
idoncum
est,
et
an-
cum
perpc-
congrucntcm
habeat dc ipsius ecclesiac proventibus portionem; alioquin ilia sc sciat hujus decrcti
auctoritatc privatum, libere alii conferenda, qui velit et possit quod praedictum est
autem penitus
adimplcrc. lllud
clesiac,
33.
quibuslibet
saria
alii
aliis,
absque manifesta
et neces-
dunt; et tunc
cvectionum
concilio definitam.
Hoc
ct
in
Lateranensi
sedis,
illc
ut
cum
propter
illos
unam. Porro visitationis officium cxercentes non quacrant quae sua sunt, sed quae Jesu
Christi, pracdicationi ct cxhortationi, correctioni et reformationi vacando, ut fructum
rcferant qui
non
pcrit.
dat, et ecclesiac,
quam
Qui autem contravenire praesumpserit, et quod acceperat redtaliter aggravavit, tantumdem rependat. (C.23, X, Dc cens.,
HI, 39.)
34.
Quia praclati plcrique, ut procurationem aut servitium aliquod impendant lealiis, plus cxtorquent a subditis quam solvant, et in eorum damnis lucra sec-
gato vel
tantes,
bemus.
Quod
si
quam
subsidium
in subjectis; id
dc cetcro
fieri
prohi-
pauperibus clargiri. Superior autem, cui super hoc fuerit querela deposita, si negligens
fuerit in cjusmodi exccutione statuti, canonicae subjaceat ultioni. (C.8, X, De immunit.
eccl., Ill,
49
CANONES CONCILIORUM
574
Ut
35.
illc
ante scntentiam ad supcriorcm judicem absque rationabili causa non provocet, sed
coram illo suam justitiam prosequitur, non obstante si dicat, quod ad superiorem ju-
codem
litteras
tali videlicet,
quae
condemnct. Alioquin
parti
ipse
ad inferiorem remittat, et
procedat
salvis constitutionibus
Cum
36.
De
si
si
comminando
alter litigantium
dc majoribus
causis
vel
ra-
in expensis altcri
cessante causa cesset effectus, statuimus ut sive judex ordinarius sive dele-
gatus, aliquid
si
foret probata,
minus eum
comminationc
non
dummodo non
obstante,
sit
ex
alia
De
X,
37.
litteras ejus
Cum
liti
debcat, quas juris obscrvantia intcrdicit; statuimus, nc quis ultra duas dietas extra suam
dioecesim per
litteras
qui se ad
alii
querelas, aut novas immittcre quacstioncs, flngunt causas, super quibus a sede apostolica
impetrant absque domini mandato, quas vel rco, nc propter cas laborum vel
expensarum dispendio molestetur, aut actori, ut per ipsas adversarium indebita vexationc fatiget, vcnales cxponunt. Cum autem litcs restringendae sint potius quam lax-
litteras
mandato
non
valcant, et ipse
spcciali
domini,
tamquam
si
litteras apostolicas
impctrarc praesumpserit,
38.
Quoniam contra
De
dc
illis
rescript.,
pcrsonis
I,
et littcrae
cxtiterit, a
3.)
non potest vcram ncgationem probarc, cum negantis factum per rerum naturam
sit
nulla
aut publicum,
si
quam
potest habere, personam, aut duos viros idoncos, qui fidelitcr universa
in-
strumentorum productiones, intcrlocutiones, appcllationcs, renunciationcs, conclusiones et cetera quae occurrunt, competenti ordinc conscribenda, designando loca, tempora et pcrsonas; et omnia sic conscripta partibus tribuantur; ita quod originalia penes
scriptores remancant; ut,
possit Veritas declarari.
si
Hoc
deferatur judicibus, quod per improvidos et iniquos innoccntum justitia non laedatur.
Judex autem qui constitutioncm istam neglexerit obscrvarc, si propter ejus negligentiam
CONCILIUM LATERANENSE
aliquid difficultatis cnicrserit,
Dc
(C.n, X,
probat.,
injuste,
cum
sancimus, ut
spoliator
si
dum
commodo
translata,
possessionis
accepcrit,
nisi
II, 19.)
39.
adversus posscssorcin
575
IV
multum
rem talem
intcrsit,
prae-
quoad pcriculum animac dctinere injuste ac invadere alienum, contra possessorem hujusmodi spoliato per restitutionis beneficium succurratur. (C.18, X, Dc restit.
scrtim
40.
cum
actori
ob constumaciam
causa rei servandae posscssio, propter rei potentiam sivc dolum, actor infra annum rem
custodiendani nancisci non potest, vel nactam aniittit; et sic cum secundum asscrtionem
Nc
contumax
igitur
mclioris,
quam
commodum
de
canonica acquitatc sancimus, ut in casu praemisso actor vcrus constituatur elapso anno
possessor. Ad haec gencraliter prohibemus, nc super rebus spiritualibus comproinittatur
in
laicum, quia
non deect
De
arbitris,
I,
43.)
Quoniani oninc quod non est ex fide paccatum est, synodali judicio definimus, ut
absque bona fide praescriptio, tarn canonica quam civilis; cum sit generaliter omni constitutioni atque consuetudini dcrogandum, quae absque mortali non
41.
nulla valeat
Unde
42.
X, Dc
praescript.,
non usurpent
jura sibi
ecclesiasticac libcrtatis
saecularis,
suam de cetero
jurisdictionem cxtendat
debemus, ne
clericis intcrdicimus,
approbatis; ut
II, 26.)
scriptis, et
in
clerici
nc quis praetextu
pracjudicium
justitiae
consuetudinibus hactenus
Deo
recta dis-
tributione reddantur.
Nimis de jure divino quidam laici usurpare conantur, cum viros ecclesiasticos
temporalc detincntes ab eis, ad praestandum sibi fidclitatis juramentum compellunt.
Quia vero secundum apostolum, Servus Domino stat ant cadit, sacri auctoritatc con43.
nihil
cilii
prohibemus, ne tales
juramentum. (C.30, X,
44.
Cum
potestas,
laicis,
De
quamvis
jurcjur.,
religiosis,
quibusdam cx
illis
hujusmodi
II, 24.)
disponendi de rebus
necessitas,
non formidant suis constitutionibus, vel potium confictionibus impugnarc, non solum
de feudorum alienatione, ac aliarum possessionum ecclesiasticarum, et usurpatione jurisdictionum, sed ctiam dc niortuariis,
illicitc
tantis
pracsumendo. Volcntes
necnon
et aliis
quae
et vindicationes
feudorum, seu
57<>
45. In
cum
vcrum ctiam de
sionem
ct aliis
et advocati, se in
posses-
et,
quod
horrendum est dicerc, in necem praelatorum prorumpere non formidam. Cum igitur
quod ad defensionis subsidium est inventum, ad depressionis dispendium non debeat
dctorqucri; proliibemus cxpressc, nc patroni, vel advocati, seu viccdoniini, super prae-
quam
ct, si
contra prae-
concilii
vicedomini, seu
alii
si
per
domibus
cum
46.
dispensatum. (C.
12,
X,
Dc
nisi
pocnis, V, 37.)
corum excommunicationi
T
erum si quando
absque
ulla coationc,
non suppetunt
cum
clcricis
ad relcvandas
facultates, subsidia
cum
communes,
ut
ubi laicorum
laici
quorumdam Romanum prius consulant pontificem, cujus interest communibus utilitatibus providcrc. Quoniam vcro nec sic quorumdam malitia contra Dei ecclesiam conquicvit, adjicimus ut constitutiones et scntcntiac
vcl dc
47.
in aliqucm excommunicationis
compctcnti commonitione praemissa, ct pracsentibus idoneis pcrsonis,
sentcntiam,
nisi
per quas,
si
per
mensem unum
sibi
Quod
si
quis
si
justa fuerit
CONCILIUM
I.ATF.RANF.NSE IV
577
requisitus humiliter,
gravatus
Verum
si
conquerente
interessc, vel
excuset; et
condignam
errorem, paratus
satisfactione
sit
inviolabiliter
observandam.
pro quo
error,
Si
is,
lata fuerit,
hac parte,
in
solvat,
48.
nc absque
nisi talis sit
Cum
X, De
sentent.
excomm., V,
si
39.)
commonitus, frustratoriae recusationis vel appellationis obmoncntis declinarc possit cxamen; statuimus quod si allegaverit, se judicem habere
suspectum,
si
forte
cum
Et
ipse
cum
adversario, vel
si
forte
communitcr convenire non possunt, eligant absque malitia, ipse unum et ille alium, qui
de suspicionis causa cognoscant; et si nequiverint in unam concordarc sententiam, advocent tertium, ut
quod duo ex
ipsis decreverint,
robur obtineat
firmitatis. Sciant
quo-
coram
At
ipsa
divini
ipsis infra
judicii
at-
recusatus, vel
vel ipsius confessione, aut alio modo legitime fuerit manifestatus, cum appellatioremedium non sit ad defensionem iniquitatis, sed in praesidium innocentiae institutum, non est provocationi hujusmodi deferendum. Excessu quoque dubio cxistente,
nc frivolac appellationis difTugio appellans judicis processum impediat, coram eodem
probabilem causam appellationis exponat, talem videlicet, quae si foret probata, deberet
legitima reputari. Et tunc si habuerit adversarium, infra terminum secundum locorum
distantiam ct tcniporis qualitatem et naturam negotii, ab eodem judice moderandum, appellationis causam prosequatur; quam si prosequi non curaverit, ex tunc ipse judex,
non obstante appcllationc, procedat. Nullo autem adversario comparente, cum ex suo
judex procedat officio, appellationis causa coram superiore probata, superior suae ju-
rei,
nis
CANONES CONCILIORUM
578
Sed
si
eum
quo ipsum
pracniissas
Dc
X,
49.
speciales. (C.61,
Sub intcrminatione
cum excommunicationis
non
forte solvendo
et, si
sentcntiam injustam
sic
fuerit,
animadversione
tantumdem
alia castigetur.
sic
in ulterioribus
gradibus jam non potest absque gravi dispendio luijusmodi j)rohibirio generaliter observari. Quatcrnarius cnim numerus bene congruit prohibiting conjugii corporalis, dc
quo
dicit apostolus,
quod
vir
Cum
1(5
conjugalis copulac
sit restricta,
stitutionibus super
hoc dudum
editis, vel
ab
aliis
vcl a nobis, ut
si
51.
aliis
IV,
animam
alligatam. (C.8, X,
De
consangu.
Cum
volumus
districtc obscrvari.
inhaerendo
vestigiis,
et
14.)
pracsumat.
cum matrimonia
inalia
per presbytcros publicc proponantur, comj^ctenti tcrmino praefinito, ut infra ilium, qui
voluerit et valucrit, legitimum impedimentum opponat. Et ipsi presbytcri nihilominus
investigent,
obsistat.
Cum
autem probabilis
apparucrit
tali
Vide
Cor. 7:4.
CONCILIUM LATERANENSE
tiae,
modo
ambo
si
impcdimentum
parentcs,
IV
579
omnc
intcrdictum in
postulavcrit.
per tricnnium ab
Scd
ct
iis,
in
si
culpac qualitas
gradu concesso,
Licet cx
52.
in
IV,
quadam
3.)
necessitate praeter
communem formam
ut
cum propter brcvem hominum vitam testes de visu deponerc non valerent usque ad
gradum scptimum compurando; quia tamen pluribus exemplis et ccrtis experimentis
didicimus, cx hoc nmlta pericula contra legitima conjugia provenissc, statuimus, ne
hoc recipiantur testes de cetero de auditu, cum jam quartum gradum prohibitio
nisi pcrsonac graves extiterint, quibus fides mcrito sit adhibenda, et ante
motam litem testificata didicerint ab antiquioribus quidem suis, non utique uno, cum
super
non execdat;
non sufliccret
illc, si
vivcrct, sed
fide dignis, et
satis
et suspectis, sed a
vidcrerur absurdum
illos admitti,
quorum rcpcllcrentur auctorcs. Nec tamen si unus a pluribus, vel infamis ab hominibus
bonac famac accepcrint, quod tcstentur, tamquam plures et idonci testes debent admitti;
cum etiam secundum ordincm solitum judiciorum non sufficiat unius testis assertio,
etiamsi pracsidiali dignitatc praefulgeat, et actus legitimi sint infamibus interdicti. Testes
autem hujusmodi proprio juramento firmantes, quod ad ferendum in causa ipsa testimonium, odio, vel timorc, vel amore, vel commodo non procedant, pcrsonas cxpressis
nominibus, vel demonstration^ sive circumlocutionc sufficient designent, et ab utroquc
latere clara computationc gradus singulos distinguant; et in suo nihilominus juramento
concludant, sc accepissc a suis majoribus
nisi
tales sufficiant,
hominum copulatos
statuta
separare. (C.47,
Dc
dimittcre,
decimas dc
quam
Sed nec
uno praedictorum
In aliquibus rcgionibus
53.
ritus
X,
quod deponunt,
jurati
more non
quaedam permixtae
mittant,
cum
integritate persolvant, et ad
id, si
X,
Dc
decimis,
Cum non
54.
apostoli:
Deus;
17
decimis
Iliac
quippe decimae
III, 30.)
Neque qui
quidam dcfr.uidarc
taliter
ecclesiis
Vide
Cor. 3:7.
Cum
autem
in
CANONES CONCILIORUM
580
quasi
quodam
animarum
dispendiis, et
Dominus decimas
censuum praecedat
solutio
decimarum;
vel saltern
ad quos census et tributa indecimata pervenerint, quoniam res cum onere suo transit,
ea per censuram ecclesiasticam decimare cogantur ecclesiis, quibus jure dcbentur. (C.33,
hi,
X,
De
decimis,
III, 30.)
55. Nuper abbates Cisterciensis ordinis in generali capitulo congregati ad commonitionem nostram provide statuerunt, ne de cetero fratres ipsius ordinis emant possessions, de quibus decimae debcntur ecclesiis, nisi forte pro nionasteriis noviter
fundandis. Et si tales possessiones eis fuerint pia fidelium dcvotione collatae, aut emptac
pro nionasteriis de novo fundandis, committant excolendas aliis, a quibus ecclesiis
decimae pcrsolvantur, ne occasione privilegiorum suorum ccclesiae ulterius praegraventur. Decernimus ergo, ut de alienis terris, ct amodo acquircndis, etiamsi eas
propriis manibus aut sumptibus dcinceps excoluerint, decimas pcrsolvant ecclesiis, qui-
bus ratione praediorom antea solvebantur, nisi cum ipsis ecclesiis aliter duxerint componcndum. Nos ergo statutum hujusmodi gratum et ratum habentes, hoc ipsum ad
alios regulares, qui gaudent similibus privilegiis, extendi volumus, et mandamus ut
ecclesiarum praclati proniores et cfficaciorcs existant ad exhibendum
factoribus
complementum, eorumque
justitiae
De
decimis,
privilcgia
eis
diligentius
suis niale-
pcrfectius
III, 30.)
de
ct
cum
vel domos
pactum ad-
Cum
eis solvant, et
apud cosdem
eligant sepul-
de avaritiae radice proccdat, pactum hujusmodi penitus reprobamus; statuentes, ut quidquid fuerit occasione hujusmodi pacti perceptum, ecclesiae
turam.
autem
id
57.
Ut
X,
De
pactis,
quae quibusdam
privilcgia,
nianeant inconvulsa,
quaedam
in
I,
35.)
rcligiosis pcrsonis
eis
Roniana concessit
ecclesia, per-
intellecta
pertrahant ad abusum, propter quern merito possint rcvocari; quia privilcgia mcretur
amittcre, qui pcrmissa sibi abutitur potestate. Sane
tolica indulsit, ut
iis,
qui
quibusdam rcgularibus
non negetur,
nisi
dos.
Hoc autem
corum
interdicti fuerint
de
illis
apud
ecclcsias suas
nominatim,
ipsi
sedes apos-
excommunicati vel
si
ec-
interdicti; suosque
non pcrmiscrint
sepeliri, nisi
ordini sunt oblati, mutato habitu saeculari, vel qui eis inter vivos sua bona
dederunt, rctcnto
CONCILIUM LATERANENSE
civitate, aut castro, vcl villa,
una tantum
ecclesia
IV
ejusdem ordinis
fratribus, ut
8i
dictum
scmel aperiatur in anno; quia licet pluraliter dictum sit, quod in eorum jucundo
adventu aperiantur ecclesiae, non tamen ad ecclesias ejusdem loci divisim, sed praedictorum locorum conjunctim, sano referendum est intellectu; ne si hoc modo singulas
est,
X,
58.
Quod
De
privileg.,
V,
33.
cum commune
officii
ad episcopos
et intcrdictis cxclusis,
possint
hoc
illis
ingesserint, tale
(C.25,
X,
De
privileg.,
V,
pertrahentes.
33.)
contra statutum
redundassc; et qui
subdatur. (C.4,
De
X,
illud
60. Acccdcntibus ad nos de diversis mundi partibus episcoporum querelis, intelleximus graves et grandes quorumdam abbarum excessus, qui suis finibus non contenti,
manus ad ea, quae sunt cpiscopalis dignitatis extendunt, dc causis matrimonialibus
cognoscendo, injungendo publicas poenitentias, concedendo etiam indulgentiarum litteras, et similia pracsuniendo, unde contingit interdum, quod vilcscat cpiscopalis auc-
Volentes
episcoporum
toritas
apud
saluti,
cxtendcre,
nuiltos.
si
igitur in
iis
et
dignitati ct
61.
V,
talia sc
praesumat
quisquam eorum
abbatum providere
tueri.
speciali
(C.12, X,
De
31.)
laicali;
nec
quatcnus in
ecclesiis,
pertinent, juxta
62.
Cum
sit
De
praebend^
reliquias
III, 5.)
exponunt venales,
et eas passim
decreto statuinms, ut antiquae reliquiae amodo extra capsam non ostendantur, nec
exponantur venales. Inventas autem de novo nemo publice venerari praesumat, nisi
senti
CANONES CONCILIORUM
82
Romani pontificis fucrint approbatae. Praclati vcro dc cctcro non perqui ad corum ccclcsias causa vcncrationis acccdunt, vanis figmentis, aut
prius auctoritate
nritrant illos,
falsis
sc alios
fieri
consuevit.
nullas in sua praedicationc proponunt, admitti, nisi apostolicas vel dioecesani cpiscopi
littcras vcras
lirtcris, nihil
Ea siquidem
talis est:
ait
apostolus,
in
bonum
sive
malum
fucrit; oportet
dente
Domino cum
dcbeamus
terris,
in caelis;
fiduciamque tcncntcs, quoniam qui parce scmhiat, parce et mctct; et qui scm'mat in
benedictionibus de benedictionibus et metet in vltain aeternam. Cum igitur ad sustentationcm fratrum et egenorum ad talc conflucntium hospitalc propriac non suppetant
facilitates, univcrsitatem vestram monemus, et cxbortamur in Domino, atquc in reniissionem vobis injungimus peccatorum; quatenus de bonis a Deo vobis collatis pias
elcemosynas et grata cis caritatis subsidia crogctis; ut per subventionem vestram ipsorum inopiae consulatur, ct vos per haec et per alia bona, quae Domino inspirante
feceritis,
aliis
Ad
praclati faccrc
non vcrcntur,
et claves ecclesiac
contcmnuntur,
ct poenitentialis satis-
cum
tempore quadraginta dies dc injunctis pocnitentiis indulta remisnon execdat. Hunc quoquc dierum numcrum indulgcntiarum littcras praecipimus
vcrsario dedicationis
sio
Dc
63. Sicut
in
tcniplo vendentibus,
fiunt
in
cum Romanus
modcramcn
X,
Dc
pontifex,
consueverit observare.
poenit. et remiss., V,
38.)
taxatum quantum
sit isti vel illi, quantumve alteri vcl alii pcrsolvcndum; ct ad cumulum
damnationis majoris, quidam turpitudincm et pravitatem hujusmodi nituntur defendere
per cnnsuctudincni longo tempore obscrvatam. Tantum igitur abolcrc volentes abusum,
3.)
CONCILIUM LATERANENSE
Quoniam simoniaca
64.
IV
583
cetcro
fiat,
quam
rccepta. sive,
pocnitentiam retrudenda.
his
arctioris regulac ad
commode
forte nequivcrint
recipiantur in
agendam pcrpetuam
rcceptae, ita
alibi
De
sit
locum
Quod
si
Hoc
oribus assignatis.
locis, et inferi-
decemimus observandum.
et alios regulares
Vcrum nc per simplicitatem vel ignorantiam sc valeant excusare, praecipimus ut dioecesani episcopi singulis annis hoc faciant per suas dioeceses publicari. (C.40, X, Dc simonia,
V,
3 .)
Audivimus dc quibusdam
65.
episcopis,
rectoribus,
donee
ipsis certa
ipsas
66.
convertenda. (C.4I, X,
Ad
cxequiis
domum
religionis in-
specie mali
De
simonia, V,
sit
Quod
fidelitcr
clericus
igitur
institui,
3.)
mortuorum,
extorqucnt;
ct bencdictionibus
ab-
si
quorum
Cum
secundum apostolum
nubentium,
et similibus,
clerici
pro
pecuniam cxigunt
et
forte cupiditati
et, si
fraudulcntcr opponunt.
sanctam ccclcsiam pia de\ otione fidelium introductam, ex fenncnto hacreticae pravitatisnituntur infringcrc sub practextu canonicae pietatis. Quapropter et pravas cxactiones
super his fieri
liherc
prohibcmus,
De
simonia,
67.
V,
3.)
decrcto statuimus, ut
si
a Judaeis
cis
participium sui)trahatur,
Christiani
quoquc,
compellantur
at)
si
eorum conimcrciis
seil
18,
X,
De
usuris,
V,
19.)
aliis
CANONES CONCILIORUM
5 84
68. Tn
divcrsitas; sed in
Unde
cernantur.
quibusdam
sic
dis-
contingit interdum,
seu
Saraccnorum,
et
cum
lanientationis, ct
ex
ipsis,
ctiam per
Dominicac
passionis, in
memoriam
populis
aliis
non crubescunt
incedcre, ac christianis,
quoniam
il-
Redemp-
toris
prosilirc
69.
Cum
excrceat,
sit
illius
delevit, praecipimus,
15,
X,
De
V,
Judaeis,
6.)
grcssorum audaciam
in
statuit, nos propter transhoc capitulo innovamus; prohibcntes, ne Judaei officiis publicis
praeferantur,
orRcium
quoniam sub
eis talc
X,
Dc
Judaeis,
V,
officii
Hoc idem
sic susccpti;
et officium
extendimus ad paganos.
cum
(C.
16,
6.)
70. Quidam, sicut acccpimus, qui ad sacri undam baptismatis voluntarie accesscrunt,
vercrcm honiincm omnino non exuunt, ut novum pcrfectius induant; cum prioris ritus
conscrvet,
agnoscerc,
quam
post agnitam
rctroire. (C.4,
1P
Ecclus. 2:14.
19 Textus latinus constitutionis de expeditione pro terra sancta recuperanda,
apud
Mansi, XXII, 1058-67, et Hefele-Leclercq, V, 1390-95, habetur.
1.
1245 Habiti
(OECUMEN.
XIII)
duximus statuendum, ut
per illam
ultra
VI\
Dc
rescript.,
Praesenti decrcto
2.
si
inscritur,
citatorio
1, 3.)
duximus statuendum, ne
causae aliquibus conimittantur, nisi personis, quae vel dignitate sint praeditae, vel in
ecclcsiis
aliis collegiatis
magnis
alibi
quam
in
alia loca
de communi utrius-
nisi citatio
alterutram
3.
pro non adjectis habitis, ex puris consensibus celebretur electio; voce illorum, qui non
pure consenscrint, ea vice in alios recidente. (C.2, Vl, De elect., I, 6.)
4.
et violcntiis
suam
VI 0 Dc
,
off.
ambiguum non
mandatum non receperit
Juris esse
5.
hoc
sc
non
dicenda, vel
6.
gotii
VI 0 De
,
coram eo
coram
pro veritate
personaliter
Exccptionis pcrcniptoriae, seu defensionis cujuslibet principalis cognitionem necontincntis ante litem contestatam objectus, nisi de re judicata, vel transacta, seu
finita
excipiat litigator,
objector,
non
litis
exposita dclcganti.
7.
1,
nisi
(C.i,
VI
0
,
De
litis
si,
M-Iardouin, Conciliorum
hoc
coll.,
dicat
fuissent
licet
citari
factis legitime
XXIII, 619-28.
585
CANONES CONCILIORUM
86
nisi sufficicntcr
Dc
VI,
cavcrit
quod
dolo et contum.,
termino
in
fidcliter
i,
II, 6.)
8.
statutum
fclicis
vimus, ut
III, 2
si
si
si
eum
codem durante
si
simili
si
9.
contra
litteras
nisi
expensis legitimis
in
cum
obnoxium
dixerit,
impetrarc malucrit,
VI 0 De
,
rescript.,
I,
3.)
cum
contumaciam causa rci scrvandae, in ipsorum possessionem statuimus non admittendum, nc per hoc ad ca ingrcssus patcrc
valcat vitiosus; sed liceat in hoc casu contumacis abscntiam divina rcplcntc pracscntia,
ctiani lite non contestata, diligenter cxaminato negotio, ipsum fine debito tenninare.
\T\ Dc co
(C.un.,
non possunt
10.
De
confess.,
si
II, 7.)
nisi
per confes-
II, 9.)
Legitima suspicionis causa contra judiccm assignata, et arbitris a partibus secunjuris electis, qui dc ipsa cognoscant, saepe contingit, quod ipsis in idem
11.
dum formam
diutius vilipendunt.
Quarc causa
adliibcre
infra
alter
tune-
iz.
tionc, ct
tioncm
cum excommunicatis
ab eo
in locu-
quibus ligatur participans cxcomnumicationc minori, ante commonicanonicam, excommunicarc pracsumat; salvis constitutionibus contra illos
aliis,
Quod
si
ex locu-
tionc, ct
aliis.
profcrcntes
V,
in
(C.3, VI,
Dc
scntent. excomm.,
11.)
13.
Cura nos
jiastoralis
solicirat ct hortatur,
Cum
igitur
et,
ne
usurarum vorago
CONCILIUM LUGDUNENSE
multas ecclcsias
pcnc
587
admodum
et
desi-
modicum
novi
quam bona
ruinas;
sivc alios
infra
gerentes,
cetcrique
decani,
abbates,
pontifices,
cxcusare, ac in pracdecessores
legitimam
et
communem
administrationem
intimato prius
adierint,
se,
fidclem intcrsit praescntibusquc capitulo vel conventu propter hoc specialiter evocatis,
et
immobilia,
cbartae,
libri,
faciant, in
clesiastica, ct
quo mobilia
nec-
vel
cem, supcriorcm
ut est
si
vel
exprcssum supcrius,
et abbates, ac
in
cxempta
alii
unum vicinum
dictumquc invcntarium tarn substituti praelati, quam sui collegii, necnon et superioris
suffraganci, scu vicini cpiscopi, ad hoc vocatorum, muniatur sigillis, in archivis ecclesiae
cum
tam idem institutus, quam praelatus ad hoc vocatus penes se habeat simile sigillatum.
Invenra quoquc custodiantur fidcliter, et dc ipsis administratio digna geratur; et com-
perta dcbita
mobilia
non
sufficiant
cum
eorumdem pro-
nec pro
obligent,
cum
superiorum, archiepiscopi,
in
et consensu, debita
non
cum
usuraria,
si
praedictorum, col-
potest
convcrsum inferantur;
et
ad
id
cum
stitutio inviolabilitcr
fieri,
litteris
nunquam
debitorum
in utilitatem ec-
aliis
et abbates exempti
clesiae sit
pro
fidcliter custodiri
ordinandum duximus
ct irrcfragabiliter statuendum,
quod omnes
abbates, et priores,
necnon ct decani, vcl pracpositi cathcdralium seu aliarum ecclesiarum, semel saltern in
anno in ipsorum collegiis districtam suae administrationis faciant rationem, et coram
superiorc visirantc conscripta et consignata hujusmodi ratio fidcliter recitetur. Archiepiscopi vero, ct cpiscopi, .statum administrationis
suis, et
perti-
CANON ES CONCILIORUM
5 88
annorum sequcntiuni
cx qua superior administrantis diligentiam vel negligcntiam comprehendat; quain siquidcm ncgligentiam, solum Deum habens prae oculis, hominis amorc, odio, vel timore
14.
considerations aciem specialiter dirigit; hanc ardenti desiderio concupiscit, crga earn
jugi cogitatione versatur.
et multiplicis subventionis
Et
licet apostolica
rcmcdio ferventer
bus laboribus, et oncrosis sumptibus, anxiisque sudoribus, et deflenda sanguinis effusione ccrtaverint; nec tanti auxilii dcxtcra impcrium ipsum totalitcr de inimicorum jugo
potuerit, impedicntibus peccatis, eripcre, propter
mcmbri causa
si
jacturam;
fidelium destitueretur
Ad
cjusdem
opcm
principaliter proveniret,
omnium proventuum,
tarn
communi
dignitatum
et
fiat et utilis
ecclcsiasti-
ipsis
sivc
aliqui
quibuscumquc consuctudinibus
ipsis ccclesiis vcl
vcl
statutis ecclesiarum,
Et
Non
obstantibus
quacumque
firmi-
hoc scienter fraudem commiscrint, scntentiam cxcommunicationis incurrant. Nos vero de obventionibus ecclcsiac Romanae, deducta
prius ex eis decima succursui tcrrac depufanda praedictae, decimam pracdicti pro subventione imperii plcnarie tribuemus. Porro cum idem juvatur impcrium, auxilium
praestatur potissime ipsi terrae, ac ad recupcrationcm ejus praecipue insistitur, dum ad
si
forte super
CONCILIUM LUGDUNENSE
589
ipsius
Petri et
Pauli
gaudere,
15.
terra,
quam
Dei Filius aspersione sui sanguinis consecravit, univcrsitas filiorum ecclesiae non solum
expensas
eo mocsti
partibus
rcdcmptione
ut de ipsius
terrae,
communis
effudisse; sicut
in sedis apostolicae
desiderii,
ex
fidcles
Deo
voto potissimum,
menrum, digne providimus, ut ad procuranduni Dei favorem vos nostris littcris cxcitemus. Rogamus itaque universitatem vestram et obsecramus in Domino Jesu Christo,
niandantes
praedicationibus,
in vestris
inducatis,
concessa super
quae pro
pro
Crucifixi
hoc legata fuerint, diligenter in scriptis redigi, faciatis. Hoc autem pietatis opus,
quo sola causa Dei quacritur et salus fidelium procuratur, sic vestra sinceritas
ad
in
proniptis
gloriae
praemium
Judicis caelestis
expectetis.
Christianac religionis cultum longius latiusque per orbem diffundi super omnia
16.
si
quando
hac
obviant desidcrio, afTectu contrario et efTectu, quod ipsum cultum delerc penitus
de terrae supcrficic
impia christianum
aliasque christia-
norum regiones ingrcssa, sic in eas dcpopulatrix insaevit, ut gladio ejus nec
parcentc nec sexui, sed in omnes indifTerenter crudelitatc horribili debacchante,
dito ipsas
in
ilia sibi,
aetati
inau-
eodem
suam
Ne
dum
Deo
pensandum,
quod nequeat ad
et
procurandum studio
ipsos ulterius
unde
monemus, rogamus
in terrain
et
nostram gens
sublatos sibi
honamur,
quantum-
concilio universi-
illos
vel muris, sen aliis aedificiis, aut artificiis, prout expedire videritis, taliter prae-
munire curctis,
quod ejusdem
Nos enim
quas ob
esse,
id feceritis
contribuemus mag-
CANON ES CONCTLTORUM
59
nifice, ac
cum
dclibus, per
quorum
similes destinamus.
mortem tandem
ct
nisi
tualibus praemuniti, ac
Domino
spiri-
ad justitiam, rcctumquc
judicium excrcendum; nos tanto periculo volcntes occurrcrc animarum, ct tarn ncfarias
pracsumptioncs ecclcsiasticac animadversionis mucronc ferirc, ut metus poenac meta
hujusmodi praesumptionis
praesertim
existat.
non absque
christianae
suam, sacri approbationc concilii statuimus, ut quicumquc princcps, vcl praclatus, seu
quacvis alia ecclcsiastica saccularisve persona qucmpiam christianorum per praedictos
quamquam mors
tionis a dignitate,
et ilia libcrc aliis
honorc, ordinc,
per
officio, ct
illos,
sit
etiam
cum
suis bonis
eum
1.
Sratuimus, ut
formam
tarn
si
4.)
qui opponit,
homicidio, V,
SECUNDA a
SERIES
in
VI 0 Dc
quam
hoc ad nos
appellari contigerit,
omnes quorum
interest, et quos
causa contingit, per se vel procurators idoneos ad causam sufficienter instructos, ad
sedem apostolicam a die objectionis iter arripiant intra mensem. Sed si pars aliqua non
is
adventum
personam,
Cf. p. 316
f.
in
formam
volumus
ct
Hoc
autcm
in digni-
mandamus. Adjicimus
etiam, ut
in
probationc dcfcccrit
ejus,
quod ob-
si
in-
CONCILIUM LUGDUNENSE
591
tempus sc propria temcriratc ingesserit, tunc illis ipso jure pcrpctuo sit privatus,
super hoc de miscricordia spem aut fiduciam habiturus, nisi manifestissimis conargument is quod ipsum a calumniae vitio causa probabilis et manifesta excusat.
fra illud
nullani
stitcrit
VI 0 De
(C.i,
elect.,
6.)
I,
Frequcns ct assidua nos querela circumstrepit, quod spoliationis exceptio nonin judiciis calumniose proposita, causas ecclesiasticas impedit et perturbat;
2.
nunquam
dum
ct
exception
cnini
laborcs
aliis
principalis.
pracparemus, flnem
litibus cupicntes
imponi, et
ponat.
praelubita,
condcninctur;
spoliatum inrclligi
alias
volunms
judici aequuin
si
hoc
in
casu,
cum
visum
fuerit,
stantia vel
sano crcdcntluni
loqui canoncs,
secundum hoc
et
inimicis
autem
si
possit exui
tionc
tutionem
tionis
non
peticrit, ct
spoliatio agenti
Dc
super
Ad
VI0
3.
consideration
Pia
ceptio, in
ex
quacumquc
statuit
mater
ecclesia,
ex-
hoc niagis sentcntia ecclesiastica timeatur, communionis periculum evitetur, conreprimatur, et cxcomnninicati, dum a communibus actibus exclu-
tumaciac vitiurn
duntur,
inclincntur;
tendit
sed
ad noxam.
tiam opponitur,
hominum
Dum
enim
et
affectum facilius
reconciliationis
est
ad remedium,
et partes
fatigari
laboribus et
morbus istc (pjasi communis irrepsit, dignum duximus communem adhibcre medelam. Si quis igitur excommunicationem opponit, speciem illius et
condemnans. Si vero postmodum instantia durante judicii et proeadem excommunicatione, vel alia excipiatur itcrum, et
iis,
quae pracccsscrunt,
in
obti-
haec
evidens et
CANONES CONCILIORUM
59*
Cum
4.
De
except.,
rcum non
II, 12.)
demnat, testante prophcta, non damnabit eum, ami judicabitur Mi* caveant judices
ccclcsiastici, ct prudentcr attendant ut in causarum processibus nihil vindicet odium,
vcl favor usurpct, timor exulct, praemium aut cxpectatio pracmii justitiam non evertat,
sed stateram gestent in manibus, lances appendant aequo libraminc, ut in omnibus, quae
h;ibeant
in judicio
quicquam
litis
quam
parti
lacscrit
si
annum
nihilominus conse
divinis,
Dignum
1,
VI,
cnim, ut qui
est
De
in tot praesumpserit
scntent. et re judic,
II, 14.)
Cordi nobis est lites minuere et a laboribus relcvarc subjectos. Sancimus igitur,
quis im judicio vel extra super interlocutoria vel gravaminc ad nos duxerit appellandum, causam appellationis in scriptis assignare deproperct, petat apostolos, quos ei
praecipimus cxhiberi, in quibus appellationis causam cxprimat et cur appcllatio non
5.
ut
sit
si
admissa vcl
appcllatori
si
secundum locorum
prosccutionis indulto,
sit
si
cum mandato ad agendum, ct cum rationibus et munimentis ad causam spectantibus, acccdant ad sedem apostolicam sic parati, ut, si nobis
visum fuerit expedire, finito appellationis articulo, vcl dc partium voluntate omisso,
proccdatur in ncgotio principali, quantum dc jure poterit ct debebit; his quae in appellationibus a definitivis sententiis interpositis antiquitas statuit, non mutatis. Quod si
appellator, quae praemissa sunt, non observet, reputabitur non appellans, et ad prions
judicis redibit
cxamcn
causa,
quantum
in
cum tamquam
in
in
contumaccm
6.
Jusrum
1,
VI,
Dc
quam
tarn in expensis
est ccjiiidcm ut in
appell.,
eum
in
jura
II, 15.)
Volcntcs libertatem, quam nonnullis apostolica sedes privilegio exemptionis inintcgram conscrvari, ut contra illam alii non insurgant, ct ipsi ejus limites
dulsit, sic
libertatc,
irrefragabili defininms,
ut quantunicunu]uc
sic
exempti
de qua
contra ipsos agitur, rite possint coram locorum ordinariis conveniri, et illi, quoad hoc,
suam in ipsos jurisdictioncm, possunt, prout jus exigit, cxcrccre. Numquid ergo carent
omnino in his commodo libcrtatis? non utique, quia nec coram ordinariis ipsis, dum-
modo
sit in
loco exempto
commissum delictum,
si alibi
litigiosa,
CONCILIUM LUGDUNENSE
possum aliquatcnus super
conveniri
oecesani,
si
593
istis,
di-
conveniantur,
cxigit, illic
reniittendi cos illuc, vcl ipsis. ut illic respondeant, injungendi habcant aliquam potesta-
aliis,
in
illos,
quibus ut nonnisi
uno ccrto judicc tcneantur dc sc conquerentibus respondere, apostolico privilegio est conccssum. In eos autem, quibus nc interdici, suspendi vel excommunicari a
sub
religiosi
quamplures, in
quorum privileges continetur, ne quisquam episcopus sive archiepiscopus monasterioruni suoruni monachos pro ulla causa, ullove loco interdicere, suspendere vel excommunicare praesumat, iidem ordinarii jurisdictionem suam, quantum ad ista, ubicumque
cxerccrc non possint. Nisi forsan
fuerint, penitus
illi
ipsi
monachi ad monastcriorum
suorum prioratus ordinariis cisdem subjectos, ut vel gerant eorum regimen, vel in eis
tamquam proprii locorum ipsorum monachi resideant, fuerint destinati; tunc enim,
etsi
liberc possint
cum non
sit
rationc
V,
tarn illorum,
quam ipsorum
inconveniens aliquem
sic
priora-
utrobique locum
licite uti
possunt. (C.
i,
VI 0 Dc
privilege
7.)
Cum
7.
medicinalis
dum tamen
is,
in
sit
ferenda ostendat sc
excommunicat, cxconmiunicationem
neatur
eradicans,
in scriptis proferat, et
Exemplum vero hujusmodi scripturae temensem post diem sententiae si fuerit requisitus;
quam excommunicatio
proferatur.
non
lata fuerit,
ut in ea
propter
disciplinans,
quern
mensem unum ab
se
communicationum sententias
quam
grave
Et haec eadem
sit
cx-
in sus-
judices univcrsi
eos sic
summum
Dc
scntcnt.
excomm., V,
Solet a nonnullis in
8.
lat
ad cautclam,
sine
si
contigerit
suspensos divina oflicia exequi sicut prius, irregularitatem non effugient juxta
dum
dubium
in se
is
revocari, an
cum
aliquis
contradictionis obstaculo
lutioncm hujusmodi,
11.)
munus
ei
se post appellationem
sit
in
ceteris,
excepto probationis
illius
in sententia fuisse
articulo, evitandus?
In
prima igitur dubitatione sic statuimus obsen andum, ut pctenti absolutio non negetur,
r
quamvis
in
si
CANONES CONCILIORUM
594
cmcnda
vel
vero
in
postulationibus, et electionibus et
officiis,
admittatur. (C.2,
Vr I, Dc
sentent. exconim.,
aliis
V, n.)
Quia pcriculosuni est cpiscopis ct eorum superioribus propter cxecutionem ponquod frequenter incunibit, ut in aliquo casu intcrdicti vel suspensions
incurrant scntentiani ipso facto; nos delibcratione provida duxinms statuenduni ut
9.
tificalis officii,
cpiscopi, ct
dati
alii
Dc
sentent.
de cpiscopis
excomm., V,
11.)
et
5
Tcxtus latinus constitutionis dc cxpeditionc pro terra sancta recupcranda, apud
Hardouin, VII, 392-95, et Hcfelc-Leclercq, V, 1657-61, inveniri potest.
Fidcli ac
et Filio,
principiis, sed
spirationibus, scd
docuit,
1274 Habiti
(OECUMEN. XIV)
II
tanquam cx uno
Hoc
principio,
non duabus
Romana,
nwttr onmiuin fidelium et magistra; boc habet orthodoxoruni patrum atque doctorum
Larinorum paritcr et Graecorum incommutabilis et vera sententia. Sed quia nonnulli
propter irrefragabilis praemissac ignorantiam veritatis in errores varios sunt prolapsi;
nos hujusniodi erroribus viani praecludere cupientes, sacro approbante concilio, damnanius ct
cx Patrc et Filio
Patrc ct Filio
Dc summa
aeternaliter Spiritum
tanquam cx duobus
principiis, et
Sanctum
Spiritus Sanctus ex
(C.i,
VI 0
trinit., I, 1.)
Ubi pcriculiim majus intcnditur, ibi procul dubio est plenius consulendum. Quam
autcm sit onusta dispcndiis, quot ct quantis sit plena pcriciilis ecclesiac Ro-
2.
gravibus
ratio, ut
minoribus nostra solcrtcr vacat intentio, ea quae periculosiora sunt, nequaquam absque
remedio reformationis accommodac rclinquamus. Ideoquc omnia, quae pro vitanda
discord ia in elcctione
a felicis
firmitate
Romani
III
illis
contingat
eumdem
pontificcm
in civitate, in
tantummodo
singuli singulis
tantummodo
in
sua
omnino immota
salubriter instituta,
residebat,
statui-
diem claudere
laicis,
habitabat, contend
Illis
ejusdem elcctionis arbitrio rcscrvato. In eodeni autcm palatio unum conclave, nullo
intermedio parictc, scu alio vclaminc, onines habitent in communi. Quod, scrvato libero
ad sccrctam
cxire; nulli
nec
ipsi
inibi
camcram
aditu.
pracsentium, j>ro
scripturam.
aliquo
ita
tantum quae ad
sit,
elcctionis
instantis
omnium
feccrit, scripruram
nuntium mittere,
iHardouin, Conciliorum
coll. y
eis;
negotium pertinent,
cum
cardinalium
cum
incurrat.
XXIV, 81-102.
595
CANONES COXCILIORUM
596
quam
cisdem
Verum
si,
quod
postquam, ut
ipsos
praedicitur,
conclave praedictum iidem cardinales intraverint, non fucrir psi ccclesiac dc pastore
provisum, per spatiuni quinque dicrum immediate sequemium, singulis diebus, tarn
i
quam
in
prandio,
decursis, ex tunc
sint contenti.
ct
undecumquc; sed ea omnia, ipsa vacatione durante, sub cjvis, cujus fidei et
camera eadem est commissa, custodia maneant, per cum disposition futuri
pontificis reservanda. Qui autem aliquid recepcrint, tcneantur ex tunc a pcrccptionc
(juorumlibct redituum ad ipsos spectantium abstinerc, donee dc receptis talitcr plenariam satisfactionem impendant. Eidem quoque cardinales nccclcrandac provisioni sic
vaccnt attcntius, quod sc nequaquam de alio negotio intromittant; nisi forsan neccssitas
adco urgens incidcret, quod eos oporterct de terra ipsius ecclcsiac defendenda, vel
cntibus
diligentiac
ejus parte aliqua providere; vel nisi aliquod tarn grandc, tarn evidens periculum im-
minerct,
quod omnibus
ct
singulis
occurrendum. Sane si aliquis dc praedictis cardinalibus conclave praedictum, ut supra exprimitur, non intraverit; aut intrans, absque manifesta causa infirmitatis
cxierit, ipso minime requisito, nec in ejusdem electionis negotio ultcrius adinittendo,
per alios ad eligendum substituendum pontiflcem libcre procedatur. Si vcro infirniitate
supcrvenicnte, idem conclave aliquem cx iis cxirc contingat, ipsa etiam infirniitate
illi
ccleriter
non
post sanitatcm sibi redditam, seu antea rcdirc volucrit, vel etiam
si
ad
alios
absentes, quos
si alii
cum
aliis
scrvaturi.
cum
Porro
si
quam dc
extra civitatem
tur cardinales in civitate, in cujus territorio seu districtu idem pontifcx obiit, convenire,
Romanam
contra ecclcsiam
Quo
casu in
alia
viciniori
in
tium,
copali,
vel
qualibct cisdem
alia
parum
est jura
conderc,
nisi sit
quoad expectationcm
sit,
absen-
cum
qui
eadem
branda
persistat.
subjaceat, nec
cardinalibus
apcrta rebellionc
intcrdicto
illius,
in
sibi tradita,
quam
Super his autem talitcr obscrvandis, statim audito summi j)ontificis obitu, coram clero
et populo civitatis ipsius, ad hoc specialitcr convocandis, praestcnt corporaliter juramentum. Quod si forte in pracmissis vel circa ea fraudem commiserint, aut ipsa diligentcr non observavcrint; cujuscumque sint praecminentiac, conditionis, aut status,
omni cessante privilegio, eo ipso excommunicationis sint vinculo innodati, et perpetuo
sint infames,
nec unquam
eis
vel
aliis
ecclesias ipsas
officiuni
Romana
CONCIUVM LUGDUXENSE
arbitrio sine
597
II
sit
dum
viscera
ut pensantcs attcntius
quid
cis
imminet,
cum
omni privatac
affectionis
necnon condicti
necessitate,
et
non quae
omni conatu
non
in eligendo
judicium, nisi
eoruni culpa,
nisi
abolenda.
observanda quomodolibct
vereatur fidci
non
sit astrictus,
servatae, sed
interventionc fidendum,
quam de
ilia
cum
quam jurisjurandi
de solicita quantumcumquc
transgressiones hujusmodi,
fidelibus
non
est tarn
primum de nicniorati
non indignae
Quia vero
observationes, acccptas.
firmitatis
Deo magis
lex
omnino
pro eo exequiis cclcbratis, singulis dicbus, donee de ipsius ecclesiae provisionc indubitatus rumor pcrtulcrit vcritatem, humiles preces fundantur ad Dominum, apud eum
devotis orationibus insistatur, ut ipse qui
mitate sequatur.
Et nc
concordiam
in
celer,
concors
ipsorum unani-
et
hortcntur; et
est
ipsis
eadem
auctoritate,
felici
exitu
tanti
negotii
frequantanda,
sed
VI 0 De
,
3.
elect., 1, 6.)
Ut
est possibile,
ecclesiae, vel
personatuum,
si
quando
opponunt, proponendo
alicjiia
aut personas cligcntiuni, vel clecti, sive illius, cui provisio erat facienda vel facta, et
omnia
coram personis
et singula exprimant,
quae
in
super
objicere,
litteris
formam intendunt
sic
appellationis interpositae,
CANONES CONCILIORUM
598
vcl
non
fuerint in hujusmodi
vcl
littcris
nisi
aliquid
postea forsan cnicrscrit, vcl super antiquis supcrvencrit probandi facultas, aut aliqua
Avaritiac caeciras, et
4.
de
non
ipsis,
licet, sc,
Cum
num
oc-
exquisitis
electi,
sibi a
indulgendum, nos
latius
itaque
non
sit
sibi
tanquam
malitiis homi-
quam
electus
est,
priusquam
cele-
de novo quaesito colore, in spiritualibus vcl remporalibus, per sc vcl per alium,
pro parte vcl in totum, gcrcre vcl rccipcrc, aut illis se immiscere praesumat. Onines
illos, (jui sccus fecerint, jure, si quod eis per clectionem quacsitum fucrit, decernentes
alif)
Quam
sit ccclcsiis
Dc
elect., I, 6.)
quam
soleat
animabus, non solum jura testantur, sed etiam magistra rcrum efficax exj)crientia manifestat. Cupientes itaque competcntibus rcmediis vacationum diuturniratibus obviarc,
ipsam,
si
quam
quando
citius
commode
si
quod
forsan ea
ci
si
mensem
a tem-
sit
oris sui liccntia, cx prohibitione, seu quavis provisionc scdis apostolicae consentirc
possit.
Quo
cum
suj)eriorc,
non
quam
Cctcrum
pediment
cessantc, infra
\T\ De
elect.,
I,
6.)
ex votis corum
communis
elcctio subscquatur,
ncquaquam
licet
CONCILIUM LUGDUXEXSE
II
599
7.
postquam
subsecuta, vel
fuerit
celebratae consen-
aliis
sum, ilium super clcctionc ipsa, nisi ex causis postea emergentibus, impugnare, vel
ei
morum
vitii,
vel defectus,
quae
8. Si
duplo
ad
nisi
De
elect.,
Dc hujusmodi
6.)
I,
cxtenuationem
ipsorum,
ab
eis,
aliquid
9.
Quamvis constitutio
causas clectionuni
Alexandri papae
fclicis recordationis
IV
praedecessoris nostri
exortas,
non im-
devolvi afferat
audaciani, et
tutionc gencrali
vel in aliis
frivola,
duximus providendum,
temcrariam appellantium
ut
si
extra
et
reputari,
in
in judicio vel
casibus, liccat
tate,
antequam praefarac
rccedcrc,
quorum
intcrcesscrit,
cauris ipsis
crat
rium competenteni, in
spectui repraescntent.
10.
ad aliquam dignitatem,
tingat; in
De
actis et
elect.,
quae objiciuntur
evidentem
I,
cessante, an
hoc pravitas
in
si
dictis partibus
monumentis
tcrminum peremptocon-
suis apostolico se
6.)
promovendo
dum, ut promovendus suj)er defectu ipso ante omnia subjiciatur cxamini, cujus eventus
cxaminandis aliis aut dabit initium aut negabit. Ceterum si praemissi cxanunis exitus,
hujusmodi oppositioncs docuerit vcritate
causae, in
in
qua
probationc
11.
ralia
destitui,
objeccrunt. excludimus,
omnium, quae
opponentes omnino
alias
Dc
elect.,
alias injuste
quod
rogati,
beneficiis, sive
6.)
penitus
si
I,
aliquibus ccclcsiis, monastcriis aut aliis piis locis spectat electio, pro eo
aut alias inducti,
prosccutione
VI0 De
,
elect,
CANONES CONCILIORUM
6oo
12.
sive
huslihet
aliis piis
locis
cctcras
fieri
tentiac subjaccrc. lllos vcro clcricos qui sc, ut debcnt, talia facicntibus
sen-
non opponunt,
sine
ab ipsarum ccclcsiaruni, cctcrorumque locorum fundationc, vel cx antiqua consuctudine, jura sibi hujusmodi vindicant, ab illorum abusu sic prudenter abstineant
et
VIo,
De
elect., I, 6.)
Licet canon a
13.
inter cetera
editus,
felicis
statucrit,
annum
III
praedecessore nostro
nisi
moribus commendandus existat, quoque talis ad regimen assumtus hujusmodi, si monitus, non fuerit pracfixo a
canonibus tempore in prcsbyterum ordinatus, a regiminis cjusdem amoveatur officio
et alii conferatur; quia tamen in observatione canonis mcmorati sc multi exhibent nevigesimuniquintuni
gligcntes, nos pcriculosani illorum negligcntiam volcntes juris executione suppleri, praescnti decrcto statuimus, ut nullus
nisi sit
ecclesiis,
gererc curam possit, in parochiali ecclesia, cujus rector cxtitcrit, residere personaliter
teneatur; ct infra
annum
a sibi
se faciat ad
saccrdotium promoveri. Quod si infra idem tempus promotus non fuerit, ecclesia sibi
commissa, nulla etiam praeniissa nionitione, sit pracsentis constitutionis auctoritate
privatus.
VI 0 De
,
elect., I, 6.)
14.
Nemo
et saccrdotio
tali
ctiam
nisi
unam,
in aetate legitima
ct cvidenti necessitate
ut pracmittitur,
factam declaramus ultra semestris temporis spatium non durare. Statuentes quicquid secus de commendis ecclesiarum parochialium actum fuerit, esse irritum ipso
rite
15.
Eos qui
De
elect., I, 6.)
quocumque
ordinandorum
licentia, scien-
ter,
alio
statuunt contra taliter ordinatos in suo roborc duraturis. Clcricis quoque parochiae
taliter
(C.2, VI,
De
tempor. ordinat.,
I,
9.)
CONCILIUM LUGDUNENSE H
dubium
Altcrcationis antiquae
16.
clericali
declaramus
Ipsis
deferre
17.
non obstante.
60
bigamis,
I,
12.)
modo
muniminc
authentic!
ei
quam
cxpresserint,
buscumquc proventibus
percepcrunt, restitucnt.
illius
non
pro-
litteris
hoc practcrmisso
si
illas,
cessa-
qua cessatum
ecclesiae, in
cessationis
fuerit,
tempore
Ilia
ei,
damnis et injuriis satisfaccrc tenebuntur. Si autem causa eadem canonica fuerit judicata,
dederat, ad omne intcresse dictis canonicis et ecclesiae,
is, qui occasionem cessationi
cui
in divini
est
cultus
detestabilcm
tus
eos,
quod
et
condemnetur. Ceterum
ali-
districtius
fieri
supponunt, peni-
prohibemus. Statuentes, ut in
puniat,
I,
arbitrio
2,
VI0 De
,
sic graviter
off. ordinarii,
16.)
18.
ecclesiae,
ecclesias,
cum
quibus animarum
cura
qualitate
arbitrio exhibere.
infra
Quod
si
facti
forte justo
exhiberi;
ecclesiae beneficia, personatus, scu dignitates, quae sine dispensationc aliqua eo ipso
illicite
idoneis conferantur.
ncquaquam
hibens
Ceterum
in beneficiis
si
eorumdem
tamen ordinarius, qualitcr nec animarum cura in eisdem ecclesiis, personatibus, seu
dignitatibus negligatur, nec beneficia ipsa debitis obsequiis defraudentur. Si vero de
dispensation is cxhibitac suflkientia dubitetur, super hoc erit ad sedem apostolicam
modum
aliis
beneficiis
praesumant,
Qua etiam
quod
is
ostensa,
quam
ita
eis
demum
si
sufficiens ostendatur.
cum
obtentis, vel
si
ea,
quae
Aliter
ac spontc rcsignet.
CAXOXES CONGIUORUM
602
causarum
eamdem
nccnon
in
sanctionc
legali
provisa,
desuctudinc abolita
ct
tamcn
aliqua
adjectione,
tactis
nos sanctionem
videantur;
cum
quod
in
alibi,
omnibus
cxerccntes, pracstent,
causis ccclcsiasticis et
aliis in
virtutc sua,
tarn
juramento
quam
advocati,
in
in
singulis causis
in
foro, in
qua nondum
tale praestiterant
simile
formam
jurarc
Quod
Hujus-
quo idem
iterarc.
juramcntuni, acccdunt,
simili adstringantur.
procuratores
sibi
noverint
si
nomine,
salarii
vcl etiam
sub palmarii colore praesumat. Qui autem ultra reccj)erint, nequaquam dominium
eoruni, quae pracdictam quantiratcm execdunt, acquirant; scd ad restitutioncm in-
quod nihil horum, ad quae restituenda eos tencri praefraudem pracsentis constitutionis rcmitti possit cisdem. r.t insuper advocati
procurations
in judicio licentiam
dencgatum.
20.
cationem
ipsius,
omnino
viribus vacuamus.
Nc autem
sine vindicta
violcntiac crcscat audacia, eos, qui absolutioncm, sivc rcvocationem hujusmodi, vi vel
mctu
cxtorserint,
Dc
quae
iis
21.
vi
Statutum
I,
fclicis
20.)
tatibus et bencficiis in
Romanum
curia
Romana
pontificem conferendis,
IV
corumdem
demum
ea conferre valeant tantumniodo per scipsos, vcl, ipsis agentibus in remotis, per suos
CONCILIUM LUGDUNENSE
vicarios
genomics
Dc
(C.3, Vl,
22.
Hoc
in
eorum
pracbend.,
canonice
comniissum.
sit
Ill, 4.)
sibi
603
II
id
laicis
ponere, absque capituli sni consensu et scdis apostolicae licentia speciali, non con-
cedendo bona ipsn vcl jura in cmphyteusim. seu alias alienando, in forma
jure pcrniissis; scd constituendo, vcl rccognbsccndo, seu profitendo ab illis
superioribus sc tenerc, sen ab ipsis
vulgaritcr dicitur
Avohcr,
etiam juranicnti,
pocnac
secutum
tribuant,
hujusmodi
fuerit, dcccrninius
praedictam aliquid
priesumptum,
esse
Et nihiloniinus
id supcriori
in-
denunciarc neglcxcrint,
esse
bonorum
cgcrint, ipso
tamquam
quibusdam partibus
liibitionem
in
quid ex cis
et casibus a
ca
alias
personas
ccclcsiasticas,
ecclesias et
bona
personas casdem ad
initis,
vcl
hujusmodi
illi
etiam,
eis
talia
Ex
contractibus
quos in futurum iniri continget, seu occasionc illorum, laici, ultra id quod
contractuum ipsorum. vel adhibita in illis lege permittitur, aliquid non
ex natura
usurpent.
destitcrint,
cgerint, nisi
talitcr usurparunt,
cationis
siastico
23.
VI0 De
,
si
opus
fuerit, cccle-
Ill, 9.)
postmodum nuiltiplicationcni cxtorsit, verum etiam aliquorum praesumptuosa temeritas diversonim ordinum, praccipue mendicantium, quorum nondum approbationis
meruerc principiuni, effrenatam quasi multitudinem adinvenit, repetita constitutione
districtius inhibcnius, nc aliquis de cetero novum ordihem aut religionem inveniat, vel
habitum novae rcligionis assumat. Cunctas affatim religiones, et ordines mendicantes
dictum concilium adinventos. qui nullam confirmationem sedis apostolicae me-
post
ruerunt,
pcrpetuac prohibitioni subjicimus, et quatenus processerant, revocamus. Conper sedem eamdem post tamen idem consilium institutos, quibus ad
firmatos auteni
congruam sustenrationcm reditus, aut possessiones habere professio sive regula, vel
constitutiones quaclibct intcrdicunt, sed per quacstum publicum tribuerc victum solet
inccrta niemlicitas,
dem ordinum
fessional!
rcmancrc,
si
infrascripto: ut professoribus
eorum-
quod nullum deinceps ad eorum proaut aliquem locum acquirant, nec domos,
velint,
domum
quae habent, alicnare valeant, sine sedis ejusdem licentia speciali, Nos enim ea
dispositioni sedis apostolicae rcscrvamus in terrae sanctae subsidium, vel pauperum,
seu loca,
CANONES CONCILIORUM
604
domorum
ceterorumque bonorum alienatio valeat; et nihilominus contrarium facientcs scntcntiam excommunicationis incurrant. Pcrsonis quoquc ipsorum ordinum omnino interdicimus quoad extraneos pracdicationis et audiendae
confcssionis officium, aut etiani scpulturam. Sane ad praedicatorum et minorum ordines,
locorum
vcl
quos cvidcns cx
scnteni
conventum,
cialiter
24.
non obtenta.
(C.un.,
VI 0 De
relig.
domibus,
non simus
III,
spe-
17.)
Innocentii papae
tionis
IV
pracdecessoris nostri
in
familiis
multorum fcrtur tenieritas praetcrire, volcntes inviolabiliter obscrcam decrevimus pocnac adjectione juvandam; statuentes, ut univcrsi et singuli,
intcrdicta, (juam
vari,
qui ob procurationem sibi ratione visitationis debitam, exigere pecuniam, vcl etiam a
volcnte recipcrc, aut alias constitutionem ipsam, recipiendo muncra, sive visitationis
non impenso, procurationem in victualibus, aut aliquid aliud procurations ocduplum ejus, quod reccperint, ecclesiae a qua id
reccptum fuerit, infra mensem reddcre teneantur; alioquin cx tunc patriarchae, archiepiscopi, episcopi, duplum ipsum ultra praedictum tempus rcstituere difTercntes, in-
officio
gressum
sibi
noverint
sc suspensos,
ecclcsiac
valitura. (C.2,
25.
sit
VI 0 De
,
cultus
cum
in
pace factus
Deo
non solum instruat, scd reficiat. Convcnicntes ibidem, nomen illud quod
est super omnc nomen, a quo aliud sub caelo non est datum hominibus, in quo salvos
fieri credentes oporteat, nomen videlicet Jesu Christi, qui salvum fecit populum suum
a peccatis coram, cxhibitione revcrentiac specialis attollant, et quod generaliter scribitur, ut in nomine Jesu omne genuflectatur, singuli singularity in sc ipsis implentes,
praecipuc dum aguntur missarum sacra mystcria, gloriosum illud nomen, quandocum(juc recolitur, flectant genua cordis sui, quod vcl capitis inclinatione testentur. At-
sidcrantcs
tendantur
in locis
quaclibct. Sint
postrcmo quaecumque
ipsis
alia
CONCILIUM LUGDUNENSE
postulanda, ibi
in
carumquc cocmcteriis
ccclcsiis
605
II
causa per laicos, criminalis maxime, agitetur. Sint loca eadem a laicorum cogni-
inibi
tionibus aliens.
inter-
hujus canonis auctoritate compescant; ad haec alios etiam in ecclesiis ipsis magis
assiduos, ct ad pracmissa idoncos deputando. Et nihilominus processus judicium saecu-
dicta
cisdem
locis,
firmitatis.
niam formidarc,
verint abstinere.
(C.2,
ordinariorum, ct
26.
VI 0 Dc
,
immunitate,
III,
cupientes,
constitutionem Latcranensis
hac general
li-
singularis
alios
nunquam
Nemo
illis
ad foenus
cxercendum doinos locet, vel sub alio titulo quocumque concedat. Qui vero contrarium fecerint, si pcrsonae fuerint ecclcsiasticae, patriarchae, archiepiscopi, episcopi,
suspensions; niinorcs vcro pcrsonae singulares, excommunicationis; collegium autem,
seu alia universitas, intcrdicti
se noverint incursuros.
Quam
si
per
mensem aninio sustinuerint indurato, terrae ipsorum, quamdiu in eis iidem usurarii
commorantur, ex tunc ecclcsiastico subjaceant interdicto. Ceterum si laici fuerint, per
suos ordinarios
siasticam
27.
tate,
Quaniquam
quibus
fuerit,
sepultura
eis
si
praesto sint
hujusniodi,
illis
illis,
ipsis
aut aliis qui eis possint acquircre, vel cis absentibus loci ordinario, aut ejus vices
gerenti, sive
ipsa
censuram eccle-
vel indistincte in
ecclcsiastica
ipsi,
cessante, per
eorum nomine,
de restitutione
manifesta, illam
facienda
semper
modo
cautionem
sit
cautum. Ceterum
si
ipsius ordinarii
ita
quod
mandato idoneo
receptarum usurarum
sit
quantitas
pients
teneatur.
sanctionis
Omnes autem
formam ad
ranensi concilio
de usuris
intersit,
in Late-
6o6
idoneam cautionem. Testamcnta quoquc manifestorum usufacta non valeant, sed sint irrita ipso jure. (C.2, VI, Dc usuris, V, 5.)
pracstcnt, ut pracmittitur,
rariorum
aliter
28. Etsi
alio praegravatur,
et acquitati natural
earum prohibitio
contrariae,
civili sint
in
aniplius timeatur,
pracdictas, scu
promulgatam
omnem
ad tollcndam
aliter
ambiguitatis scrupulum
declarantes,
decern imus,
tenere;
demum
ita
monitioncm esse canonicam in hoc casu, si aliis rite scrvatis, cos, qui monentur, exprimat nominatim. Statuimus quoque, ut inter monitiones, quas, ut canonice promulgetur
excommunicationis scntcntia, statuunt jura praemitti, judiccs sivc monitionibus tribus
utantur, sive una pro omnibus, observent aliquorum dicrum competcntia intervalla,
nisi facti neccssitas ea suascrit aliter
Dc
scntcnt.
excomm., V, u.)
intcrdicti sententias in civitates, castra, vel quaclibet alia loca, sivc terras aliquas, generalitcr
V,
10,
VI,
Dc
sentcnt. excomm.,
11.)
31. Quicumque pro eo, quod in reges, principes, barones, nobiles, ballivos, vel quoscumque ministros corum, aut quoscumquc alios, excommunicationis, suspensions, seu
quorum
tulcrunt, sive
talker excommunicatis
vcrint, vel
si
ad
suis, vel
communicare
Eadem quoquc
proccssum,
ipsis
nisi
impensa,
bona
in ex-
pracmissorum, ad quae
committenda licentiam dari prohibuimus, alias committcrc suo motu. Qui autem in
cadem sententia pcrmanserint duorum mensium spatio, ex tunc ab ea non possint, nisi
licentia data uti, vel aliquid
excomm., V,
(C. 11,
VI 0 De
,
sentent.
11.) 2
libcranda,
CANONES
Ann is
Fidei
1.
13
catholicae
cum
1- 12 Habiti
nemo
apostolo
teste
potest
aliud
Dei Filium in his omnibus, in quibus Deus Pater exsistit, una cum Patrc aeternaliter
subsistentcm, partes nostrae naturae simul unitas (ex quibus ipse in sc verus Deus exsistens ficrct
vcrus homo),
humanum
animam
intellecti-
vam scu rationalcm, ipsum corpus vere per se et essentialiter informantem, assumpsissc
ex tempore in virginali thalnmo, ad unitatem suae hypostasis et personae. Er quod in
hac assumpta natura ipsum Dei vcrbum pro omnium operanda salute non solum affigi
cruci ct in ea niori voluit, sed etiam, emisso
jam
suum,
ac
Eva
ut,
sibi in
conjugium
secundum apostohim
respondcret.
Haec
quam prophcta
nis videlicet
est
est,
forma
inquam,
Adam,
et ordi-
nem, in evangclio suo dixit: "Ad Jesum autem quum venisscnt, ut viderunt eum jam
mortuum, non fregcrunt ejus crura, sed unus militum lancea latus ejus aperuit, et continuo cxivit sanguis ct aqua.
monium
ejus, ct
illc
Et qui
vidit,
quia vera
scit,
dicit,
vcrum
testimonium perhibuit,
et
ut et vos credatis."
Nos
est testi-
igitur,
ad tarn
vcrtentes, sacro
sit
bantc concilio,
rcprobamus,
fidei
non
sit
ab omnibus
perfectum
se et essentialiter,
baptizatos
fideliter
omncs
tanquam haereticus
in Christo
rcmcdium ad salutcm.
quantum ad effectum
Veruni, quia,
sit
censendus.
quam
in
aqua
parvulis
in
nomine
communiter
CANONES CONCILIORUM
6o8
rcntibus,
omnibus
pariter
baptizatis),
Dudum
nedum
quin
immo
stravit,
decretali,
mini-
instante et
esse
talis:
etsi
omnino subductis),
dit,
clcricalis inclu-
animorum
nisi in pacis
praedicatorum
et
minorum ordinum
mundi provincias
fratres ex altera
constitutos ex una
eorum confessionibus
audiendis, pocnitentiis
in-
molcstc ferentes
incommoda
pendiis,
quamque
Nos autem,
pii patris
more
laudibili
in divinae majestatis
quam
sit
plena periculis,
quam
onusta
dis-
dicta,
mode submovere,
nullis
suscitandani,
insidet
cordi nostro, fincm salubrcm et celerem per apostolicae solertiae studium consequatur,
cum
honorem Dei et
quietum statum panium praedictarum, ac salutis animarum fidelium incrcmentum, de ipsorum fratrum consilio auctoritate apostolica statuimus et ordinamus ut dictorum ordinum fratres in ecclesiis et locis eorum, ac in
plateis communibus liberc valeant clcro et populo pracdicarc ac j)roponcrc vcrbum Dei,
hora ilia duntaxat excepta, in qua locorum praclati praedicarc volucrint, vcl coram se
facere solcmnitcr pracdicare, in qua praedicare cessabunt, praetcrquam si aliud de praclatorum ipsorum voluntatc processerit ac liccntia speciali. In studiis autem generalibus,
ubi sermones ad clerum ex more fieri solent dicbus illis, quibus praedicari solemniter
diligenti
exaltationem catholicae
fidei,
mortuorum,
CONCILIUM VIENNENSE
dem
eis
609
Hbere praedicare,
qua solet ad clcrum in praedictis locis Dei verbum proponi, episcopus vel praelatus
superior
clerum ad
clerum ipsum duccret congregandum. In ecclesiis autem parochialibus fratres illi nullatcnus audeant vel dcbeant praedicare, vel proponere verbum Dei, nisi fratres praedicti a
et assensu,
nisi
et
de ipsorum beneplacito
eosdeni fratres praedicari mandaret. Statuimus etiam et ordinamus auctoritate praedicta, ut in singulis civitatibus et dioecesibus, in
praesentiam praelatorum
eorumdem locorum
hu-
vicarii
fratres, qui
ad hoc
quos
electi fuerint,
eorum
sibi
Deum
impendere dc
liccntia,
gratia et beneplacito
eorumdem. As deinde
ordinum praedictorum
praefati
sonas sufficientes, idoneas, vita probatas, discretas, modestas atque peritas ad tarn salubre
eorum
eorumdem hujusmodi
sic
ab
ipsis electas
personac
volentium
et dioeceses, in
quibus fuerint
cendum, esse debet, prout universitas cleri et populi ac multitudo vel paucitas exigit
eorumdem. Et si iidem praelati petitam licentiam confessionum hujusmodi audiendarum
concesserint, illam praefati magistri, ministri et
quemquam
commissum
alii
cum
sibi officium
exsequantur.
Quod
si
forte
jam
similiter
praelati
confiteri
salutares,
Per hujusmodi autem concessionem nequaquam intendimus perad id taliter deputatis, potestatem in hoc impendere ampliorem
quam
in
mcmoratis.
petcre,
Vcrum
habent
ne parochiales
et necessariis
bencficiis
defraudentur,
quum
com-
quam quibuscumque
et
quomodocumque
CANONES CONCILIORUM
6io
etiam quarta sive canonica portio dari sive cxigi non consucvit vel non debet de
quomodocumquc
jure,
in infirmitate
vel aliis
ctiam
in
et
dantium
vel
donantium
corum intendimus
dolo vel fraudc quicquam
virandis
in
si
(quod
absit)
per fratres
id
examine requiratur ab
(ut in
eos
districta
j)raelati
illis
amplius impenderc
Nos etenim
coerccri.
cis.
ipsos
quod
sint adstricti,
nequc ad
id a
cuicumquc ordinum praedictorum concessa, nec non consuctudines, conin quantum sunt praemissis vel alicui praemissorum con-
et irrita
firmitatis.
Ceterum
uni-
rectorcs
pracdictos,
cis districtc
praesentium
praecipiendo manda-
mus, quatcnus, pro divina et apostolicac sedis revcrcntia, pracdictos ordines et professorcs eorum habentes afTectu benevolo commendatos, fratribus ipsis non se difficiles,
graves, duros aut asperos, sed potius favorabiles, propitios ac benignos piaque munifi-
aliis
et
3.
(C.2, in Clem.,
Ut
Dc
praete-
in
eodem
conversari
schismatum productive ambitio reprimetur; sacro concilio approbantc statuimus, mendicantes quoslibct qui ad non mendicantium ordines etiam auctoritate apostolica transibunt in posterum, quivc hactenus
transiverunt, quamvis nunc prioratus administrationes vel oflicia, aut curam animarum
vel regimen quodcumquc obtineant inibi, voccm aut locum in capitulo non habere,
etiam si hoc sibi ab aliis libcre concedatur, ad prioratus quoquc administrationes aut
quietius studeant,
quaecumque
quo
in antea
in ipsis
discordiarum
non assumi
officia,
et
vel
CONCILIUM VIENNENSE
locum aliorum tenentes, quodque animarum curam
pro
6ll
aliis
jure,
et
Ad
se possint,
nec
stitutioneni extendi.
(C.
i,
in Clem.,
De
regularibus,
4.
III, 9.)
in rcgularis
quod
majestatcni.
Hoc
igitur, sacro
monialium nmnastcria per ordinarios. cxenipta videlicet, quae ita sedi apostolicae quod
nulli alii subjecta noscuntur, apostolica, non exempta vero ordinaria auctoritatc, ac
cxenipta alia per alios, quibus subsunt, annis singulis debeant
visitari. Visitatores
voluptuosam
alias vitani
autem
(quarum
variorum fodera-
sericis,
ipsae
non utantur,
impendendum
insolentiis
in
monaste-
riis
est,
annum
alioquin a jure
suo
in
benedictionis suscipiant,
illos,
locorum ordinarios,
si
suae ecclesiac,
visitando facicnt, incjuisitione fore contentos. Si qui vero visitatores ipsos in praemissis
nisi
excommunicationis scntcntiam se noverint incursuros, privilegiis, statutis et consuetudinibus quibuslibet in contrarium minime valituris. (C.2, in Clem., De statu rnonach^
III,
10.)
5.
nulli
Quum
proinittant
narum
tur affectio
aliquac,
summa
exstitcrit,
quod earum
CANONES CONCILIORUM
6l2
quodam vclaminc
quam
sanctitatis faciant et
his
quam
ex
aliis,
de
ipsarum opinione sinistra frequenter auditis, eas merito suspectas habcntes, statum
earumdcm, sacro approbantc concilio, perpctuo duximus prohibcnduin et a Dei ecclcsia
pcnitus abolcndum, cisdem et aliis mulieribus quibuscuniquc sub poena excommuni-
quam
cationis,
prcssc,
in
nc statum hujusmodi,
dudum
forte ab ipsis
ex-
sectentur
ulterius, vcl ipsum aliquatcnus dc novo assumant. Praedictis vcro rcligiosis, per quos
eacdem mulicres in hujusmodi Beguinagii statu foveri ct ad ipsuni suscipicndum induci
dicuntur, sub simili cxcommunicationis poena, quam eo ipso, quod secus egerint, se
(ut
praemittitur)
si
hoc cisdem
III,
6.
liceat,
prout Dominus
Domino
ipsis inspirabit.
(C.
in suis
conversantes hospi-
in Clem.,
De
relig.
domibus,
n.)
Ad
hominum
dis-
in
Primo videlicet, quod homo in vita pracsenti tantum et talcm pergradum potest acquircrc, quod reddctur penitus impeccabilis, et amplius in
gratia proficcre non valcbit. Nam, ut dicunt, si quis semper posset proficcre, posset
aliquis Christo perfectior inveniri. Secundo, quod jejunarc non oportet hominem,
ncc orare, postquam gradum perfectionis hujusmodi fuerit assccutus, quia tunc sensualitas est ita perfecte spiritui et rationi subjecta, quod homo potest libcre corpori
conccdcre quidquid placet. Tcrtio, quod illi, qui sunt in pracdicto gradu perfectionis ct spiritu libcrtatis, non sunt humanac subjecti obedicntiae, nec ad aliqua praecepta
designatos crrorcs.
fectionis
Domini,
ibi libertas.
Quarto, quod
secundum omnem gradum perfectionis in pracsenti assequi, sicut earn in vita obtincbit beata. Quinto, quod quaclibet intellectuals
n a turn in se ipsa naturaliter est beata, quodque anima non indigct lumine gloriae, ipsam
clcvantc ad Deum videndum, et eo beate fruendum. Sexto, quod sc actibus cxcrccrc
homo
potest
virtutum
est
ita
hominis imperfecti,
mulicris osculum
carnalis,
finalem beatitudinem
quum ad hoc
cens. Octavo,
et pcrfecta
quod
anima
quod
peccatum, actus autem
est,
suae
contcmplationis tantum
descenderent,
quod
circa
si
a puritate et
ministerium seu
cogitarent.
ct comniit-
CONCILIUM VIENNENSE
mus; nos, sacro approbante concilio, sectam ipsam cum
et
6i 3
praemissis erroribus
damnamus
vcl
niendos. Porro,
in
pravitatis,
quibus Beguardi ct Bcguinae hujusmodi commorantur, suuni officium circa eos diligen-
ter
articulis
abjuratis
et satisfactionem cxhibucrint
De
haeret.,
V,
compe-
3.)
dcperdi,
collabi ec
domos
et aedificia
et,
non
attento
quod
loca ipsa
quae ad ccrtum
usum
quidem
(salva
vel
le-
gitime, vcl privilcgio sedis apostolicae pertinet, loca ipsa studeant in praedictis omni-
quoad
privileges
alia
dinc
secus
de rectore
locis
hujusmodi providendum.
Sed eoruni gubcrnatio viris providis, idoneis et boni testimonii committatur, qui
velint et
reditus in
praedicta convcrtcrc
vini judici
eramus.
tetur,
eorum ac
Ill 1
praesumptio
fideliter dispensare, et
verisimilis
in
et
ad instar tutorum et
deputandts ab
si
exsistat, in
quos
curatomm juramentum
Quod
non
sciant,
eorum proventus
cis,
secus a
ipsam carcrc
aliis,
praestare, ac de
locorum ipsorum
quoquam
firmitatis.
ordinum aut religiosorum ctiam aliorum extendi minime volumus, quorum tamen hospitalium rectoribus in sanctac obedientiae virtute mandamus, ut in illis secundum suorum
ordinum instituta ct antiquas obsenantias providcre pauperibus, et hospitalitatem debitam in illis tenerc procurcnt, ad quod per superiores eorum arcta districtione cogan-
CANONES CONCILIORUM
614
tur, statutis aut
nostrac intention is
ab antiquo
exsistit,
lv.ibentia, ct
ministrantcs, scu
si
quod,
si
qua
De
Clem.,
Ut
8.
rclig.
pracmissis. Cetcrum
in
domibus,
illis
(C.2, in
praesen-
u.)
III,
talis
praescntato dc
nisi
undc
assignata,
jura
cxpedit, obscrvctur.
quamcumque personam
nisi
intra
inliibentes,
nc prae-
Quam
assignata.
si
forsan iidem
cum
assignationis
omnia, quae ccclcsiarum ipsarum pcrpctuis prcsbytcris aut vicariis incumberent, si dicta
cis assignatio facta csset, religiosi ct alii supra dicti plcnc subire, ac prcsbyteros seu
in
faci-
9.
(C.
i,
in
Clem.,
Dc
jure patron.,
Ill,
dum spem
impunitatis pcrmittit,
multam
aliis
12.)
quae,
ditis,
volumus suffragan.
aliis
corum aliquod
negligentia,
dum
in sub-
offcrre
Deo
quam
laici,
eis intcressc
vigiliis,
dum
in ecclesiis
deberent orationi insistcre, non verentur in ipsis earumquc cocmeteriis choreas facere
dissolutas et interdum canere cantilenas, ac multas insolentias perpctrare, ex quibus
ccclesiarum et coemeteriorum violationes, inhonesta, variaque dclicta quandoque se-
CONCILIUM VIENNENSE
615
quuntur, et ecclesiasticum plerumquc pemirbatur officium in divinae majestatis offensam et adstantium scandalum populorum. In multis insuper ecclesiis cum vasis, vestimentis ct ceteris ornamcntis ad divinum cultum necessariis, indecentibus utiquc, pensatis
cxcmplum;
veniant in
Nc
locorum ordinarii,
si
hoc
fieri
prohibentes, sancimus ut
sint,
alias circa
illi,
hoc
privilegiati, superiores
ipsorum, onini ncgligcnria vel incuria penitus rclegata, circa reformanda praemissa et
(dummodo ad cos
facientes,
evitarc volue-
ecclesiasticam
in his et aliis,
er
morum
rcforma-
obscrvari. (C.
i,
Clem.,
De
celcbr. miss.,
irrefragabiliter
III, 14.)
Dignum
10.
in
quam
alii
communioncm
divinis officiis
licitc
cRii
coaptare, ut
illud,
11.
et
se possint ipsis in
De
celebr. miss.,
Ill, 14.)
rantcs in
valeamus,
viam
hoc
quod profecto
Deo
diligentia vigilamus.
Non
illius,
redirc,
cujus vicem in
mundum
si
auribus
terris, licet
ad evangeli-
Ut
ficaciani obtincri;
generibus,
ubicuinquc
Romanam
curiam residere
contigerit, nec
non
in Parisiensi et
viri
alios
ipsis in
latinum
fideliter transferentes,
illos
instructione
Quibus equidem
Parisiensi
in
in
CANONES CONCILIORUM
6i6
De
magistris,
V,
i.)
in
quorum dominio
morantur
dicti Sarraceni
opprobrium, quod
ditis aufcrri
praemium assequantur, de
tcrris suis
omnino
quomodolibet
sustincri.
cxcmplo pcrterriti,
rac, V, 2.)
praesumptione
Multorum querela
per sedem
sic
ceteris
dentes
veri ca-
quam
ipsius sacrilegi
13.
tanquam
tarn ipsis
aeternac beatitudinis
res,
et fiunt praedicta,
ipsi,
eamdem
ipsis,
ut,
De
quod
in
exsis-
alii,
eorum
Jud. et Sar-
quod nonnulli
eorum
quod
in
Hi
inquisito-
augmentum
dum
sub
fidei
pietatis
omni
sic,
quod
commodi
magis ad poenam quam ad custodiam videatur, vcl tormcntis cxponcre illos, aut ad
scntcntiam procedcre contra cos, cpiscopus sine inquisitore, aut inquisitor sine cpiscopo
dioecesano aut ejus orhciali, vel episcopali sede vacante capituli super hoc delegato, si
sui ad invicem copiam habere valeant, intra octo dierum spatium, postquam se inviceni
requisierint,
non
valebit, et,
si
secus
praesumptum
fuerit,
nullum
sit et
CONCILIUM VIENNENSE
episcopus vcl ejus capituli sede vacante delegatus
Verum si
tor cum altcro corumdem propter praemissa nequeat
episcopo vcl ejus delegato, seu sede vacante
super
illis
committcre vices
suas, vel
possit
tus,
617
cum
inquisitori, et inquisitor
illi
suum
sensum.
Sane quia circa custodiam carcerum haerticalium, qui muri in quibusdam partibus
nuncupaiitur, multas fraudes dudum intelleximus perpetratas, nos, volentes
vulgaritcr
super
talis
copo et inquisitori praedictis volumus fore communem, duos custodes habcat principles, diseretos, industrios et fidelcs, unum, quern volet episcopus et providebit eidem,
alium,
todum sub
clavi
alius
sc
alium
bonum
cjusdem carceris sive muri erunt duae claves diversae, quarum unam unus, aliam
praedictorum custodum, et earn cum officio ministrandi, quae incarceratis
tenebit
fuerint
Porro coram episcopo vcl capitulo, sede vacante, et inquisitore praedictis vel substitutis ab cis custodes supra dicti, antequam suum officium exsequantur, jurabunt ad
sancta
se tacta,
quod
in custodia
immuratorum
et aliorum,
omnem
diligentiam
sollicitudincm,
quam
unus in secrcto loquetur, quin hoc audiat alter custos. Et quod provisionem,
carcerati recipiunt
aliis
cx ordinatione communi,
quod a parentibus
et illud,
quam
in-
et amicis vel
personis fidelibus offerctur eisdem (nisi episcopi et inquisitoris vel suorum com-
nec
in his
personis ministri
saepc contingit
ipsis fideliter et
non
Notarii
coram
quoquc
inquisitionis
coram episcopo
fiet
de
aliis
exsequendum.
est grave,
ad exterminationem
pravitatis praedictae
non agere
quod ipsius contagiosa enormitas agendum requirit, grave est quoque et damnatione
dignissimum malitiosc insontibus eamdem imponere pravitatem; episcopo et inquisitori
ac
praedictis
aliis,
obedientiae et
ct
virtute sanctae
ut sic discrete
malitiosc aut
sitionis
si
sui alicui
alias
imponendas eisdem, episcopus aut superior suspensionis ab officio per triennium, alii
vero excommunicationis sententias eo ipso incurrant. A qua quidem excommunicationis
sententia,
quam
in
nullo in
qui
enmdem
Romanum
CANONES CONCILIORUM
6i8
Alia sane, quae circa pracmissum inquisitionis officium a nostris sunt praedecessoribus
instituta,
in sua
i,
Clem.,
in
Dc
hacret.,
V,
concilii roborata
3.)
14. Nolcntes splendorem solitum ncgotii fidei per actus indiscretos et improbos
quorumvis inquisitoruni hacreticae pravitatis quasi tcnebrosi funii caligine obfuscari,
hoc sacro concilio approbantc statuimus, nullis ex tunc nisi qui quadragesimum aetatis
annum attigcrint, officium inquisitionis praedictac committi inquisitoribus, et tarn
ipsorum quam cpiscoporum scu capitulorum sedc vacantc super hoc deputatis commissariis quibuscumquc districtius injungentes, nc practcxtu officii inquisitionis quibusvis modis illicitis ab aliquibus pecuniam extorqueant, ncc scienter attentcnt ecclesiarum
bona ob clcricorum delictum praedicti occasione officii fisco ctiam ecclesiae applicarc.
Quodsi secus in his vel eorum altcro fecerint, cxconimunicationis sententiae eos subjaccrc decernimus ipso facto, a qua non possint absolvi, praetcr(juam in mortis articulo,
donee illis, a quibus cxtorscrint, plcne satisfeccrint dc pecunia sic extorta, nullis privilegiis, pactis aut remissionibus super hoc valituris. Notarii vcro et officiates dicti
officii, nec non fratres et socii inquisitoruni et comniissariorum ipsorum, qui dictos
inquisitores aut commissarios secrete novcrint talia commisissc,
si
indignationem Dei
studeant
in secreto.
Quod
si
talitcr ea sciverint, ut ea
probarc
praelatis inquisitorum et
in
nedum concedunt, sed ad solvcndas eas debitores scienter comipsorum contincntiam statutorum gravia imponendo plerumquc usuras
rcpententibus onera, aliisquc utendo super his diversis coloribus ct fraudibus exquisitis,
Nos
modi dc cctero
quum
alii
potestates,
quod solvantur
usurae, vel
quod
solutac,
eamdem
ctiam
scntcntiam
statuta
modo
(si
incursuri,
nisi
sive consuetudines,
praesunipserint obscrvarc.
et dolose,
usuris
pcllendos.
Sane,
si
eum
CONCILIUM VIENNENSE
619
quos
tie
De
V,
usuris,
non omittant.
16.
ad ea forsan dcclinanti, ut
crucem ante
faciat in
officia
(C.un., in Clem.,
5.)
in pontificalibus celebret et
obstante,
dendum.
Siniili
concedimus episcopo
niotlo
seric
duximus conce-
officia,
in locis ipsis
cxemptis vel
lumquc exemptioni vel privileges aliud pracjudicium gencretur, nec ipsis archiepiscopo
vel episcopo jus aliud quomodolibet acquiratur. (C.2, in Clem., De privileg., V, 7.)
17.
Si quis
suadentc diabolo
hoc
in
sacrilegii
tificem injuriose vel tenicrc pcrcusserit. aut ceperit seu banniverit, vel haec mandaverit
fieri,
his
in
aut facta ab
illis
eumdem;
in
constitutionis
auctoritatc,
illis
casibus de praedictis,
consuetudinc,
quam reputamus
sununum
pontificem, practcrquam
feudis
clesia,
filii,
camdem
ec-
in civitate et dioecesi, in
in-
obtinendn. Terra quoquc ipsius (cum tamen ultra unam dioecesim non contineat),
usque ad condignain satisf actionem ejusdem, nec non locus et loca, in quibus captus
episcopus detincbitur,
jaccant interdicto.
qimmdiu
Quod
si
duac
dicto.
aliae,
Et quia eo major
dignam satisfactioncm
sint
pracstiterit, per
omnes
si
sua
sit,
quo sua
illius loci, in
quo commissuni
quousque
est facinus,
pulsatis
campanis
quum absolvcndus
et
auxiliantc
missa vel
subjaceat
rectores
et candelis accensis,
Domino
parebit,
eorum aliquod
existcntes, similiter
excommunicationis
sententiac, a qua
in-
CANONES CONCILIORUM
620
ferimus graviores. Licet enim (quod dicere pudet) haec, proh dolor! frequenter occurrant, multisque grassantibus opus esset exemplo, ct ex dignitate offensi poenam
metiri deccant offendcntis; episcopi enim dicuntur sanctissimi, Christi lcgati
cxistunt,
columnac comprobantur
ec-
quarc gravem oporteret esse poenam culpac violantis dignitatem tantac praeeminentiae adaequandam; volumus tamen ad pracsens in poenarum cxaggcratione
tcmpcrare rigorcm, ad poenas alias processuri, si protcrvitatem delinquentium hoc
clesiae,
exposcere videamus.
Sane, si quis in aliquo casuum praedictorum fuerit ab excommunicationis
in
cito
nisi,
postquam
justitia
sententia
quam
mandatum
eamdem excommunicationis
sententiam
suadebit; in
satis
plenc
provisum; ne
praemissis
18. Multorum ad nos gravis querela deduxit quod nonnulli, obtinentes temporale
dominium, viros saepe ecclesiasticos capere, captosque, donee sua rcsignent bencficia,
aut ne citati ad apostolicam sedem ab hominc vcl a jure venire ad ipsam valeant, ausu
detinere sacrilego non verentur, citatos cosdem in exitu eorum districtum ut plurimum
capicntes. Considerantes igitur quantum ex his tarn nostro et apostolicae sedis honori,
quam pcrsonarum ecclesiasticarum quieto et prospcro statui non sine damnanda exempli pernicic derogetur, sacro approbante concilio, statuimus ut practer sententiam
canonis,
quam
curantes
ipsi,
suarum,
si
illis
poenam
Quod
incursuris
si
eamdem,
se obtentu
poenam
jectos
V,
2,
non
diflcrant, ex-
in Clem.,
Dc
poenis,
8.)
19.
temporales, terris
eorum
nunc
in
et domini
locorum suorum
ncdum
alia divina
hos,
execssibus, per
et
sine
modo
in
aliis
quemquam de
Ne
populi
excmplum; pracsumptores
pracfatos, qui
praedicto ad officia
eadem audienda
aliquos, excommunicationis
CONCILIUM VIENNENSE
621
praescrtim vcl intcrdicti ligatos sententia, evocarc, seu qui, ne excommunicati publice
aut intcrdicti
de
ecclcsiis,
dum
in
ipsis ecclcsiis,
nominatim
ipsis
non excommunicatos
nioniti,
Ad
20.
lati,
licet
ab
et eis
privilegia dicti
et licet
et, si
in locis
ligiosis invitis
ipsi
tamen
locis, in
quibus procurationes
non habent de consuetudine vel de jure. Pro equitaturis quoque ferrandis, licet ferris
non egeant, et coci eorum sui officii ratione pecuniam exigunt et extorquent, nec compositiones,
ters
et,
procurators
dum procurationes
et nisi
ita
ipsis in
eorum monas-
saepe franguntur, ct
ornamenta
non
suffulti,
interdum
in
pecunia numcrata,
visitationis
sedis aliaque
ut se ac
aliis religiosis
religiosos ad
cipiendis et
oncribus
insolitis
illis
aliis
monas-
imponendis.
Nos
igitur,
autem
episcopis
sibi
si
quae fuerint
ad hoc aptae, alioquin intra septa ipsa, non tamen intra portam, quam regularem appellant, carniuni pro congruentia temporis, si voluerit privilegio non obstante quocumque), cibaria ministrentur.
Nec
inconveniens reputamus,
si
(C.2, in Clem.,
De
si
censibus,
Dei
III, 13.) 2
et in
703-15,
14 14- 1 8 Habiti
1.
Romani
felicis
XVI)
pontificcs, aut
pro Ronianis
pontificibus se
gerentes, et in suis diversis obedientiis reputati, pro sua volnnratc, aut per importunita-
tempore
dicti
Gregorii nullatenus
exemptiones ecclesiarum cathcdralium, nionastcriorum, capitulorum. conventuum, prioratuum, bencficiorum, locoruni, pcrsonarum quarumcumquc, ctiam si cx
praedictis aliquod monasterium fuerit exemptum, et postea subjecting monaster io divcrsi habitus vcl coloris, a tempore obitus dicti Gregorii undecimi, per quoscumque
pro Romanis pontificibus sc gerentes (etiamsi per nos forsan approbatae fucrint c\
certa scicntia, vcl innovatac parte non vocata), dc novo factas, quae tamen ante cxcniptionem hujusmodi nulla exemptions gaudebant, scd simpliciter subjiciebantur ordinariae jurisdictioni, nullumque ante illud tcmpus habucrunt initium; execntis ctiam
exemptionibus, quae uni toti ordini ct quae ccclcsiis, monasteriis, capitulis, conventibus,
bencficiis sivc locis, a praedicto tempore sub modo cxemptionis aut conditione fundatis,
aut contemplations novae fundationis, seu univcrsitatibus studiorum gencralium, aut
collegiis scbolarum, aut per modum conrirmationis, augmcnti aut additionis factac
viarc, nnuics
quorum
intcrcrat, aucto-
monastcria, ct
alia loca
praedicta
in
Ceteris autem exemptionibus ante obitum dicti Gregorii habitis vel conccssis, nullum
Ins\ipcr
quorum
cctero
interest.
tempore obitus Gregorii undecimi factas seu conad querelas eorum, quorum interest (nisi fucrint
impetrantes beneficia sic unita), si non cx rationabilibus causis et veris factac fucrint,
licet Apostolicac Scdis auctoritas intcrvencrit, rcvocabimus justitia mediants.
2.
Uniones
ccssas,
cum
et incorporationes a
non
possit,
3. Fructus et proventus ecclesiarum, nionastcriorum, bencficiorum, vacationis tempore obvenientes, juris et consuetudinis vcl privilcgii dispositioni relinquimus, illosquc
nobis vel Apostolicac camerae prohibemus applicari.
morbus
CONCILIUM CONSTANTIENSE
suorum ordinum
cxsecutionc
firmationcs,
ct
sint
dignita-
quorumcumque
deinceps
factac,
illas
jus
moti, confirmari, aut provisi faciant fructus suos; sed ad illorum rcstitutioneni,
ipso facto
tanquam
iniquc ablata
sententian
si
pracfulgcant dignitate.
Quoniam
5.
Nos
gercntibus conccssas
quibuscumque
ters, prioratus
ordo debitus
quibus ccrtus
(juae
secundum formam
sunt,
infra
et alia
tenninum
ceteris
6.
quaecumquc
beneficia,
sivc
suscipiant, praeter
Cum
illas
cx eo, factae
et qui in
postcrum obtinebunt,
alia
se
ad ccclcsias, monas-
ct beneficiis
appro-
a die
igitur, sacro
bantc concilio,
illis,
nullatenus
et utilitatc,
districtius observari.
nisi
ex
magna
et
mode habcri
ipsius
potcrit.
Nec
regni vel provinciac, ct ipsis non consentientibus, vel eorum majori parte, et
7.
in
vestibus
laicis
forma
quod
inolevit,
maximc
comam
spreta
in
fomiis
quam
ceteras
in coloribus,
ct
quae
nimium collapsa sunt tarn in s;iecularibus quam in regularibus, sacro approbante concilio innovamus et praecipimus diligentius observari. Ilium specialiter abusum, eodem
approbante concilio, decernimus penitus abolendum, quod in quibusdam partibus nonnulli clerici et pcrsonac ccclesiasticae saecularcs et regulares, etiam (quod magis exsecramur) praelati ecclesiarum, manicas ad cubitum pendentes,
ac
aliis
et longas
cum
in latcribus
cum magna
fodraturis ultra
talibus in ecclesiis
cum
superpel-
clesias ipsas, in
quibus bencficiati
existunt,
non vcrentur
contrarium autem
ecclesiasticis
Hanc
reprobamus, ac usum
facientes, ut transgressores
canonum puniantur;
CANONES CONCILIORUM
624
specialiter statuentes, ut
quicumque
officiis
in
praesumpscrit intcresse, pro qualibet vice a participatione provcntuum ccclcsiasticorum per mensem noverit se suspensum, fructusque illi
fabricae
illius
ecclesiae applicentur.
CANONES CONCILII
pontificals vel alterius praeeminentiae exsistat, qui post hujus constitutionis notitiam,
quam habere pracsumatur, per duos menses post publicationem ejusdem in ecclesiis
cathedralibus, quam ipsi dioecesani omnino facere teneantur, postquam eadem constitutio
fructuum
quos suus superior in fabricam vel aliam evidentem ecclesiarum utilitatem, ex quibus
hi fructus
primum talcm
esse innotuerit,
mox
teiminum concubinam dimittat. Quam si non dimiserit, vel dimissam aut aliam publice
resumpscrit, jubct haec sancta synodus ut ipsum suis omnibus beneficiis omnino privet.
Et nihilominus hi publici concubinarii, usquequo cum eis per suos superiores, post
ipsarum concuhinaruni dimissionem, manifestamque vitae emendationeni, fuerit dis-
pensatum, ad susceptionem
officioruni sint inhabiles.
pun ire ncglcxerint, eoruni superiores tarn in ipsos de neglectu, quam in illos pro
omnibus digna punitione animadvertant. In conciliis etiam pro-
concubinatu, niodis
vincialibus et
synodalibus adversus
tales
procedatur. Et
si
quorum
hi,
destitutio ad
Eadem
cum
quibuscumque
poena
processu inquisitionis
diligentia ct inquisitio in
summum
ipsi
summo
pontifici deferantur.
quoad suos scrvetur, pocnis aliis contra praedictos et alios non publicos concubinarios
statutis in suo robore pcrmansuris. Publici autem intelligendi sunt non solum hi quorum
concubinatus per scntcntiam aut confessioncm in jure factam, seu per rei evidentiam,
quae nulla possit tcrgivcrsationc celari, notorius est; sed qui mulicreni dc incontinentia
suspectam ct infaniatani tenet, et per suum supcrioreni adnionitus ipsam cum effectu
non dimittit. Quia vcro in quibusdam regionibus nonnulli jurisdictionem ecclesiasticam
habentcs, pecuniar ios quaestus a concubinariis percipere
in tali
sub pacto, conipositionc, aut spe alicujus quaestus, talia quovis modo tolcrent aut dissimulent; alioquin ultra praemissam negligentiae poenam, duplum ejus quod propterea
accepcrint, rcstitucrc
ad pios usus omnino teneantur et compellantur. Ipsas autem conomnibus curent a suis subditis etiam per
procreatos filios
si
opus
iHardouin, Conciliorum
coll.y
VIII, 1193-99.
615
concubinatu
C A NONES CONC1LIORUM
6z6
synodus, ut ctiam
in
et
diligentcr. In-
viris,
cum
omnes
ct
sit,
quam
solutos, ut similiter
uxorem
habet, et ad alienam
mulicrem accedit; qui vero solutus est, si continere unlit, juxta Apostoli consilium,
uxorem ducat. Pro hujus autem divini obscrvationc pracccpti, hi, ad quos pertinet,
quam
2.
Ad
statuit
vitandum scandala
ctiam quod
nemo
canonicis remcdiis
aliis
aliis
laborcnt.
et nitilta pericula,
dcinccps a
omni studio
communionc
quibuscumque
cujuscumque
ita
nisi sentcntia,
modo
munionc
in vel
illius
juris sufFragio
excusari.
3.
cis
Nam
si
nulla
com-
quod
incidissc,
ex-
in aliquo relevare,
quomodolibet suffragan.
Quoniam
quod
nulla civitas,
oppidum, castrum,
villa, aut
quacumquc
denunciata, scu in
locorum, auctoritatc
judicis
vim
Ut
litcs citius
intcrdici
nequaquam
possint auctoritatc
requisiti
talis
ejecerint, aut
vel satisfacicnte,
tcrminentur, super
mox
codem gravamine,
aut super
cadem
Quod
infra
etiam
etiam
intcrlocutoria
sccundo appellarc. Ouodque ante diffinitivam frivole vel injustc appcllans, ultra condemnationem cxpensarum, damnorum,
ct intcressc, in quindceim florcnis auri de camera parti appellatac per appellationis
judiccm condemnctur.
5.
diffinitivac
In
nomine
Romana quam
liccat
pro seu
in
quod
tarn in curia
praescntationum provisione, collatione, dispositione, clcctionc postulatione, praesentationc, ctiam a laicis facienda, institutione, installationc, ct investitura, de ecclesiis etiam
cathcdralibus et metropolitans, monasteriis, dignitatibus, bencficiis, officiisque ecclcsiasticis
nihil penitus ante vcl post exigatur ratione littcrarum bullae sigilli,
annatarum com-
CONCILIUM BASILEENSE
munium,
minutonim
ct
scrvitiorum.
cumquc
627
privilegii vel
aut alia quavis causa vel occasionc, directe vel indirectc; solum scriptoribus,
statuti,
si
inrlictam,
et in ipsis
ligationes
quoquc, proniissiones
hujus salubcrrimi
decreti
Et
(quod
si
sequi ct
sanctiones
general
etiani
irrita
censcantur.
modo
futunim
possidebit,
non
teneatur. Lis
quoquam
et juxta concilium
Viennensc
citationis,
lite
legitimi
praelaturam,
dit,
Romanus
absit)
scandalizct,
6.
fieri
si
illud intimare
ad exsecutionem
omnium
observationem,
proccssum fucrit. Ordinarii autem diligenter inquirant, nc quis sine titulo beneficium
possideat. Quod si talcm quandocumquc repererint, declarent jus ill non competere,
i
vel
(si sibi
huic
videatur)
nisi sit intrusus, seu violentus, aut alias indignus, vel alteri
idoneo provideant.
7. Si
quis principcm saeculi rogaturus, habitu honesto, gestu decenti, prolatione non
praecipiti,
quanto diligentius in sacro loco omnipotentem oraturus Deum, haec oninino facere
curare debet? Statuit igitur sancta synodus, ut in cunctis cathedralibus ac collegiatis
ecclesiis,
horas
boris debitis. sign is congrua pulsatione praemissis, laudes divinac per singulas
festinanter, sed sedatim ac tractim, et
non cursim ac
cum
in
cum tunica talari ac superpelliciis mundis ultra medias tibias longis, vel cappis, juxta
temporum ac regionum diversitatcm, ecclesias ingrediantur, non caputia, sed almucias
vel birreta tencntes in capitc. Qui cum in choro fucrint, gravitatem servent, quam et
locus et officium cxigunt; non insimul aut cum aliis confabulantes seu colloquentcs, aut
litteras
ac clausa labia
in
hymnis
Psalmis,
Filio et Spiritui
Jesus, in
inclinent.
ct canticis
Deo
alacritcr modulentur.
Nemo
Cum
Cum
nominatur gloriosum
illud
nomen
omnes caput
it)
privatim officium;
alios
cum
tenerc non debent; sed omnes, praescrtim qui majore funguntur honore,
psallcntes pcrturbat.
Super
cutionem ac chori discijilinam spectantibus, decanus vel cui onus incumbit, diligenter
invigilet, hinc indc, nc quid inordinate fiat, circumspiciens. Horum autem transgressores, illius
horae
in
proud
transgres-
CANONES CONCILIORUM
628
Qui
8.
in matutinis ante
ilia
si
finem
in
exsistant.
Idem
in
aliquis
onus habens notandi pcrsonas singulas statuto tempore non convenientes, juramento
adstrictus agcre fideliter, et nulli parcere. Jubct etiam haec sancta synodus, quod in
illis ccclesiis in quibus singulis horis certae distributiones statutae non sunt, omnino
(si opus sit) deputentur, ut juxta mensuram laboris plus
minusvc quisquc capiat emolumenti; tollens prorsus abusum ilium, quo in una dumtaxat
hora pracsens totius diei distributiones usurpat; et ilium quo praepositi, vel decani,
aut alii officiales, ex hoc solum quod officiates sunt, licet actualiter pro utilitate ec-
non
clesiae
9.
Quoscumque etiam
beneficiatos, seu
alibi
in
sacris constitutos,
non
si
orationes suas
cum ad horas
Deo acceptas
sive
soli,
associati,
dic-
diurnum
Quicumque
non solum
semel correctus non
visus fuerit,
si
pertinacia exegerit)
etiam ne divina
illius
cum
aliis
colloquendo, vagari
destiterit,
per
mensem
poenae subjaceat,
officia
foris circa
tumultuosi
ita
tandem
ut
quorumcumque per
(si
Ut
11.
cuncta in
domo Dei
quemque ex
canonicis, vel
aliis bencficiatis, in
tum
sit
scribatur.
in
sibi agendum
qua quid per unum-
unius
diei amittat.
12.
Abusum aliquarum
bolum
ecclesianim, in quibus
est
sym-
praefatio
seu oratio Dominica omittitur, vel in ecclesiis cantilcnae saecularcs voce admiscentur,
seu jMissa etiam privata sine ministro aut per secrctas orationes
quod
a circumstantibus audiri
non
ita
submissa voce
dicitur,
13.
Abusum
re jurando firmata
sit,
ecclesi-
ju-
CONCILIUM BASILEENSE
fecerint,
diu divina
14.
non resumpserint,
ipsi ecclesiae
629
alii
non
celebrentur,
nisi
15.
Turpem
cum
in
quibusdam frequentatum
ecclesiis,
quo
more
certis
episco-
porum bencdicunt; alii ut reges ac duces induti, quod festum fatuorum vel innocentum
seu puerorum, in quibusdam regionibus nuncupatur; alii larvales, et theatrales jocos,
alii choreas ct tripudia marium ac mulierum facientes homines ad spectacula et cachinnationes movent-,
alii
omnium proventuum
poena suspensions
tant;
ecclesiasticorum trium
Omnes
decernit.
nisi forte
spatio,
ne
haec decretis,
mensium
negligant.
circa
quam
irritas esse
non concordant
Cum
15 12-17
XVIII)
Habiti
viii,
19
Dec,
15 13.
mcntis Papae
verum
et
immortalis, et pro
corporum quibus
cum Dominus
ivumam suam
ait:
Quod
Ammam
hoc vimido, in
et aeterna supplicia pro merito vitac judicandis rcpromittit; alias incarnatio, et alia
Christi mystcria nobis minime profuisscnt, nec resurrectio exspectanda foret, ac sancti
et justi miscrabiliorcs essent, juxta Apostolum, cunctis hominibus." Cuniquc verum
vero minime contradicat, omnem asscrtioncm vcritati illuminatac fidci contrariam,
omnino falsam esse definimus; et ut alitcr dogmatizarc non liccat. districtius inhibemus;
omncsquc hujusmodi crroris assertionibus inhacrcntcs, veluti daninatissimas hacreses
scminantcs, per omnia ut detcstabiles et abominabilcs hacrcticos et infideles, catholicani
fidem labefactantes, vitandos et puniendos fore deccrnimus. Insuper omnibus et singulis
philosophis in univcrsitatibus studiorum gcncralium, et alibi publico legentibus, districts praecipiendo mandamus, ut cum philosophorum principia aut conclusiones, in
in
quibus a recta fide deviarc noscuntur, auditoribus suis lcgcrint seu cxplanavcrint, quale
hoc
est
alia
hujusmodi,
et
fecit,
elucidationcm; ad tollendam
omnem
Matt. 10:28.
Joan. 12:25.
Vide
quae
sine
in vcritatis
et
Cor. 15:19.
630
CONCILIUM LATERANENSE V
stirurus, saccularis vcl regularis, aut alias ad
illos
vel alibi
63
quinquennium post
grammatical^ ac dialecticam, sine aliquo studio theologiae aut juris pontificii, incumbat. Vcruni dicto cxacto quinquennio, si illis studiis insudare voluerit, liberum sit ei,
ranien siniul aut seorsum, aut theologiae aut sacris canonibus operam navaverit,
dum
Domini
unde
inveniant,
infectas
philosophiae ct poesis radices purgare et sanare valeant. Et hos canoncs per ordinarios
Ex
1.
universitatis
eorumdem studiorum
Cum
piae
promovendis
in
morum
map
Dei_ec-
cunijmmeriti assumunturjiraelati ad regimen ecclesiarum: propproniotionibus praeratorum, quarum a^Tlomanis pontificibus magna ratio
clesiac^officiatj.quam
in
terea
habcri debet,
Deo
monasteriis
commendam
mcritorum,
quorum clectiones
mus observari. Et
scientia praeditis,
non ad
alicujus
modo provideatur,
tolica
morum, litterarumque
alitcr
visum
ct postulationes per
si
cum
competenti
fuerit faciendum.
de minoribus
litteratura, et in sede
Idemque
sedem Apostolicam
aerate triginta
in
electis
Apos-
et postulatis,
annorum
hujusmodi contigent"jtt6vi3en, non dispensetur cum eisdem, ut ecclesiis citra vigejimum septimum aetatis annum, monasteriis vero citra vigesimum secundum praeesse
valeant"
2.
ut cardinalis, cui electionis, postulationis aut provisionis ecclesiae seu monasterii relatio
fuerit,
hujusmodi
tionis,
est, referat
commissionem exa-
si
ea die, qua
sibi
mesticis familiaribus
ordinis
sibi
notam
aliis
do-
suis
quamprimum
electionis,
sui
administra-
examinet, ct
si
rela-
una cum dictis testium, die faciendae relationis secum ad consistorium deferre
debeat; nequc ullo modo referat, si praesens in curia promovendus majorem cardinalium partem antca non adiverit; ut quae a referentc collega sint cardinales audituri,
oculata fide, quantum ad personam promovendi attinet, cognoscerc possint. Promotus
vero eosdem cardinales qui praesentes in curia fucrint, ex antiquo more consuetudineque
laudabili quamprimum visitare teneatur. Quern quidem morem laudabilemque consuetudinem innovamus, ac inviolabiliter obsenari mandamus.
tionis,
CANONES CONCILIORUM
632
3.
tueri illaesam, et
ne improboram impugna-
tionibus, aut accusantium calumniis passim pateat, muniri par est; statuimus, ut nullus
episcopiis aut^abbas, quovis instante ac requirente, nisi sibi copia et facultas (egltunae
auditis,
causa plenarie probata fuerit, dignitate privari valeat; neve aliquis praclatus
invitus,
si
formam
ac decretum
concilii Constantiensis.
4.
quorum
aedificia partim
rerum experientia
(ut magistra
quam
in
sae-
commendatariorum
qui
illis
cum
ilia
nisi
pro con-
tium, pro
tcmporum
qualitatc aliter
illis
sint.
Ea vero
ita
provideatur,
fuerint, cum per eorum cessum vel decessum, quibus crant commendata,
commendae hujusmodi cessaverint, cardinalibus dumtaxat ac personis qualificatis et
bene mentis commendari possint; ita tamen, quod eorum rnonasteriorum commendatarii, quibus antea de cctcro commendata fuerint, cujusvis dignitatis, honoris et prae-
mendata
si
mensam
habucrint separatam, ac seorsum a mensa conventuali, quartam suae inensac partem pro
instauratione fabricae, scu pro ornamentis, vestibus ac paramentis emendis sarciendisque, aut
pauperum
vero mensa fuerit communis, tertiam omnium fructuum dicti monasterii sibi
commendati partem pro supradictis oneribus supportandis, et sustentatione mona-
sitas; si
chorum, omnibus
aliis
momcnti. Et quoniam
ded
sitati
ecclesiis
aliter
si
cum
litterae,
quae super
quam
fructibus pensiones
Ac
minimc reserventur,
nisi
carumdem
ecclesiarum
alia,
quae
5.
et
quorum fructus, reditus et "proventus duccntorum ducatorum auri de camera, secundum communcm acstimationem, valorem
annuum non constituunt vel attingunt; nec non hospitalia, lcprosariae, xenodochia,
cujuscumque valoris, quae ad pauperum usum et alimdniam instituta sunt, sarvecae Romanae ecclesiae cardinalibus non commendentur, aut alio quovis titulo conferantur,
nisi per obitum familiarium suofum vacaverint, quae illis commendari possint, ut ilia
"
ad illarum pcrsonarum sibi gratarum et idonearum commodum infra sex menses dimittere teneantur; quibus etiam, quoad beneficia, ad quae habercnt regressum, pracjudicare
non intendimus.
CONCILIUM LATERANENSE V
633
6.
a suo capitc,
membra
rationabili causa,
7.
quod
est
nequaquam
juris
fiant.
formam
et militiarum
nisi
tantum ex
quacumque
illis
omnia
hujusmodi
provideatur personis
nisi
dimiserint,
pocnas extravagantis,
retincntes
"Exsecrabilis," recolendae
quorumcumque
vationes
De
cardinalibus.
Et cum sanctae Romanae ecclesiae cardinales ceteros omnes in ipsa ecclesia post
summum pontificcm honore ac dignitate praecedant, conveniens ac debitum est, ut vitae
munditia ac virtutum splendore cunctis praefulgeant. Quapropter non modo hortamur
eos ac moncmus, vcrum etiam statuimus et ordinamus, ut de cetero quilibet cardinalium
pro tempore exsistens, juxta doctrinam Apostoli, ita sobrie, caste ac pie vivat, ut non
solum a malo, sed ab omni etiam specie mali abstinens, coram hominibus luceat, Deum-
que
in
1.
Sint
omnes
vigiles,
ac divinis
officiis,
Missarumque celebrationibus
intenti;
habeant-
que capellas suas in loco honesto, prout facere consueverunt. Sitque eorum domus,
familia, mensa, supcllexque, non fastu aut pompa, neque superfluis rebus, neque aliquo
tenti,
insignes viros
negotia
2.
commendata
suscipiant.
passimque pastoralis
habent, vel in
posterum sunt
officii
contemptum
insigniti, in vilia
descendant
eorum
status
con-
decentiam tractent.
3.
Cumque Romano
pontifici
communi omnium
sonarum acccptatores vel advocatos eos fieri valde inconveniens est. Propterea statuimus, ne partialitatcm suscipiant aliquam, neque principum aut communitatum, vel
quorumcumque aliorum contra quemquam, nisi quantum justitia et aequitas postulat,
eorumque dignitas
CANONES CONCILIORUM
634
omni passione
sejuncti, sedan d is et
pauperum
4.
officii
promoveant
debitum adjuvent.
si
si
vicarium idoncum scmel saltern singulis annis visitent; clcricos et populos ecclesiarum
titulo suo subjectarum cum diligentia inquirant; vigilentquc circa cultum divinum et
bona dictarum ecclesiarum; moresque in primis et vitam clcricorum et parochianorum
solcrter cxplorent, eosque
moneant
5.
omnes
et singulos
affectu.
unum commode
ibi
tion, tantum
illi
sustentandum; vel
Et cum minime
6.
si
quantum
cardinalis vcl in
ad presbytcrum
quantum
illis
tramur, ut cetcri
sit satis
damnum
ita
sit,
itaquc, ut ecclesiarum
quorum
sed
Volumus ctiam
7.
si
cathedrales,
fuerint, absque
debite inscrviri
fuerit,
cum
siis
digna et competcnti mercede apponentes; reliquis autem sibi commendatis eccleaut monasteriis de justo clcricorum vel capcllanorum, scu religiosorum aut mona-
chorum, Deo
numcro
providentes; aedificia
in-
impensis alendorum,
proborum
perum nobilium, honestarunique personarum
numcrum
vitiis
et
et pau-
modum
turpem
sibi
et
alicnis
CONCILIUM LATERANENSE V
635
ct levitas honestis vestimcntis indutos; attenteque provideat, ne quis in familia sua quoquo niodo hencficiiitus, et in sacris ordinibus constitutus, vestes portet vcrsicolores, nec
parum
colorum, quae
in presbyteratus or-
naliuni capellani
Quare
conveniat.
clericis a jure
in cathedralibus, et canonici
10.
presbyteratus or dine
in
ita
vivant, ut
11.
mores
non
non
quam
cquos
mulas, aut
cum
cjusniodi rebus cx
quis
12. Si
discedant, sed
dummodo
fuerint clcrici,
discrepent.
ficiati,
si
neque
nutriant,
panno tantum
le-
excommunicationem
pcrccptionc fructuum ex
rexerit, a
non
se cor-
Quod
per alios sex menses in hujusmodi pertinacia obstinatus permanserit, legitima similiter nionitione praecedente, beneficiis omnibus, quaecumque habet, privatus sit et esse
si
censeatur;
caque
Quae omnia
13.
omnibus
Romani
pontificis
pro tempore
vel in sacris
ordinibus constitutis, ac etiam curialibus, locum habere volumus; hoc uno tantum ex-
quod
cepto,
possint,
14.
dicti nostri et
pro deccntia
Romani
spectat
operum optimorum
15.
scire,
ac nobis et
vigilanti
Et
tatibus
hujusmodi
vel infestari
pro tempore
pontifici
exsistenti
cum
variaquc
Romano
ecclesiastica
non
sit,
provinciis ac civi-
oriri;
statuimus et ordinamus,
locum
ibi residere
in
Romana
CANONES CONCILIORUM
636
alia loca,
provisionibus ac salariis habeant. Qui praemissa omnia et singula non scrvaverit, emolu-
nicntis
legationis careat.
ct instituta fucrunt, ut
ipsi
(u
Et cum
Romani
pontificis as-
Apostolicac ncgotiis; proptcrca statuimus, ut omnes cardiaales in Roil lana curia rcsidcant, ct qui sunt abscntes, si in Italia, intra sex menses, si extra Italiam,
sistcntia, et scdis
infra
annum
beneficiorum et
omnium
officiorum
suorum emolumenta
quam
diu abfucrunt, omnino caretamcn illis, quos ratione officii ab Apostolica scde injuncti, vel de Romani
mandato aut licentia, vel justo mctu, aut quavis alia lcgitima causa impediente,
ant, exceptis
pontificis
dinalibus concessis, et in bulla nostro sub data coronationis nostrac contends et cxprcssis, in
17.
quingentorum florenorum
tia, justis allegatis
expendendum
fiant; infra
celebrentur.
ct
Dcum
et conscientiam
suam
libere et
impune quodcumque
quaecumque
alicujus
excommunicationem
vcl pracfato pontifice
si
Romano
culo.
sanctorum
fidci, sacri
doccre possint,
illis
ea,
hynmi
quam
quae ad
re-
ct Psalmi, ac
in rebus
ad
re-
quantum
officia
endos impcllant, nihilque contra bonos mores, aut quod ad impictatem inducat,
lcgere possint.
eis
CONCILIUM LATERANENSE V
Ad
2.
637
maximum
in
divini nominis
munus publicum
si
victus,
vero
si
autem
sit
pro prima
vice,
plura,
quod
qua blasphemus
ita
pro secunda
dcliquerit;
exsistat,
Apostolorum de Urbe
si
omnibus quae-
inhabilis redda-
Quod
beneficiis
si
et
tertio
eo ipso privatus
eo privctur;
tur,
si
si ita
clcricus vcl saccrdos fuerit, eo ipso quod de delicto hujusmodi fuerit con-
annTnuilctctur: ct hoc
pro secunda
applicandis; et
si
nobilis fuerit,
vice, quinquaginta
aliis,
Tabncae
2j
turTQuod si ultra duas vices publice blasphemans deprehensus fuerit, mitra infami per
integram diem ante fores ecclesiae principalis mitratus stare cogatur. Si vero pluries in
hoc ipsum peccatum lapsus fuerit, ad perpetuos carccres, vel ad jriremes damnetur, ad
judicis deputati arbitrium. In foro autem coriscierimFnemo blasphemiae reus, absque
gravissima poenitcntia, sevcri confessoris arbitrio injuncta, possit absolvi. Qui vero
reliijuos
aliquanto puniri
volumusrStatuimus
in cis fuerit,
vejrojn
decern
beant.
tur, si
illis
minus
,
tum
habituri,
quasi cidem
justis
quoque poenis
fuerint,
Qui
subjiciantur.
annorum indulgcntiam consequantur, et tertbm partem mulctae pecuniariae haQuicumquc vero blasphemantem audierint, cum verbis acriter objurgare teneancitra periculum suum id fieri posse continget; eumdemque deferre, vel notificare
apud judicem ccclesiasticum seu saecularem intra triduum debeant. Quod si plures dictum blasphemantem simul audiverint, singuli eum accusare teneantur; nisi forte omnes
convencrint, ut unus pro cunctis
obedicntiac
hortamus
et
tali
monemus
in
fungatur
officio.
Domino,
Quos omnes
Deo ram
in virtute sanctae
boni ac
et exactissime exsequi
pii operis
mercedem
Quam quidem
nomcn
indulgcntiam
man-
curaverint.
aliis
j. Ut clcrici pracscrtim caste continenterquc juxta canonum praecepta vivant, statuimus ut contra facientcs acriter secundum canones puniantur. Si quis vero tarn laicus
quam clcricus, dc criminc, propter quod venit ira Dei in filios diffidentiac, convictus
fuerit, poenis per sacros canones aut jus civile respective impositis puniatur. Concubinarij autem, sive laici sive clerici fuerint, eorumdem canonum poenis mulctentur;
nequc superiorum tolerantia, seu prava consuetudo, quae potius corruptela dicenda est,
a multitudinc j>ecamtium, aliave quaeTirjeTexcusatio eis aliquo m odo suffra %etur, sed
juxta juris
CANONES CONCILIORUM
638
4.
Ad bonum
onmium Romanac
cc-
mandamus.
5. Et ut ncfariae simoniac Iabcs ac pestis non solum a Romana curia, sed ex omni
ctiam Christiana ditionc in pcrpetuum cpciiinir, constitutiones per anteccssores~nostros
ctiam in conciliis contra hujusmodi simoniacos cditas innovamus, casque inviolabiliter
scrvari praccipimus, ac poenas in cis contentas pro cxprcssis ct inscrtis haberi, et delin-
quents ctiam
6.
cura,
si
impedimenta
ccssantc, bencficiorum
modi bencficiorum
tcmpus
vel
tamquam
cum
non
faciat
dixerit, legitfmo
in simili negligcntia
cum propter oflicium dctur bencficium. Intelligatur autem officium omittcrc, quoad hoc, ut beneficio privari possit, qui per quindecim dies illud bis
saltern non dixerit, Deo tamcn ultra praemissa dc dicta omissionc redditurus rationem.
Quae poena in habentibus plura beneficia reitcrabilis totics sit, quoties contra facere
convinccntur.
7.
quc
ct
metropolitanarum, monasteriowm-
quorumcumquc bencficiorum
aliorum
administrate ad
110s et
Romanum
qui cjusmodi ecclesias, monasteria et beneficia jure et canonice obtinent, solum pertineant; saecularesquc principes, omni etiam divino jure id prohibente, dictis ecclesiis,
monastcriis ac bencficiis intromittere se nullatenus debeant: statuimus et ordinamus, ut
fructus, redditus ct proventus ecclesiarum, monasteriorum ac bencficiorum, per saeculares ullos principes, etiamsi Imperator, reges, reginaevc, scu rcspublicae vel potentates fuerint, aut per
eorum
officiales,
Romani pontificis tempore excleemosynarum, scu quovis alio colore aut fuco, impediri
non debeant, quominus dc illis, ut antea, liberc ac sine impedimento disponere valeant.
Et si sequestrati fuerint, occupative aut detenti, integre libercquc ac sine exceptione
vel mora, praclatis ad'quos dc jure legitimcque spectant, restituantur; de quibus si dis-
sipati
nusquam
volumus per
fieri
reperiri possint,
eorum
ecclesiastici,
talium
si
quam
Romana
nunc
(mac a nobis
ct
Ipsi vero
feudorum ct privilegiorum,
pro tempore obtinuerint, et aliis con-
privationis
ct
non
exsistentes, impositis,
alias
quarum
CONCILIUM LATERANENSE V
sanctae
Romanae
639
cis aliter
judicandi declarandi-
8-
cum
Et
a jure,
personas attribute
Bonifacii
quinti,
tiones
sit,
quae
nostri,
incipit: "Felicis," et
Clementis
quae incipit: "Si quis suadente," nec non quascumque alias Apostolicas sancin favorem libcrtatis ecclesiasticae, et contra ejus violatores quomodolibet editas,
etjwenis etiani contra talia praesumentes, in bulla quae legitur in Coena Domini, contends, in
sub
cum
quoquo
modo
quibuscumquc pcrsonis
et aliis
quicumque
alia
hujusmodi onera,
clericis, praelatis
quoque
in
excommunicationis
poenam
Romani pontificis expressa licentia ultro consentientes, excommunidepositions poenam ipso facto incurrant; statuimus et ordinamus, ut de
absque
praemissis
cationis et
cetero talia
poenas,
latae sententiae
9.
vocationeni
statuimus,
daemonum,
decernimus
fuerintT" arbitrio
et
sacrorum canonum
sint;
atque in nionasteriuni
si
vero non
destiterint,
deppjiantur,
benefi-
poenis
et aliis
10.
juris,
tam
civilis
quam
canonici, subjaceant.
nationis fuerint,
fidclium coctu pcnitus eliminentur, et a quocumque loco, et praesertim a Romana curia expellantur, ac dcbita animady^ersione puniantur; statuimus, ut contra eos
diligenti inquisitione ubique et in dicta curia maximerprocedatur per judices per nos
Christi
deputandos; et ejus criminis reos et legitime convictos, debitis poenis puniri, relapsos
vero,
11.
Et
cum
quam
alios,
convenit,
ram
illis
in
Romana
ligari, eosepic
curia
quam
officiates
nostros
ad earum observationem
inviolabiliter teneri
volumus atque
decernimus. 6
Ex
.
cum olim
sessio x,
filios
quamdam non
4 Maii,
15 15.
populorum scandalo
et
murmura-
CANONES CONCILIORUM
640
tioncm,
quiquc
in
mutuis
eis
pauperum
releva-
inopiac, nc
fidclibus sunt instituti, atquc a Sanctis viris divini verbi praeconibus, ct laudati ct persuasi, ac a nonnullis
non
usurarum crimine
ipsls
vcl
non utraquc
parte
n^isttrc^
di-
sortem pro
pauperibus, quibus
injustitiave, scu
ab aliqua
libra, de-
nmtuum
certi specie
:F.a
'
enim pnmria
cmando
non
gcrminat, nullo labore, nullo sumptu, nuITove'periculo lucrum fetusquc conquiri stuHe-
tur.
dam
aliis
clanmntibus "pro tanto bono, tamque reipublicae pernecessario, niodo ratione mutui
nihil pctatur,
videlicet ministrorum
andro sexto
a Sanctis
et Julio
quoque ac Deo
partis, justitiac
cum
quinimmo meritorium
rium
esse,
mutuum
et
minime
usura-
ob causum
cum
montes cum Apostolicae sedis approbatione erigi posse; multo tamen pcrfectius,
multoque sanctius fore, si omnino tales montes gratuiti constitucrentur; hoc est, si
illos crigentes, aliquos census assignarent, quibus si non omni, saltern vel media ex parte
hujusmodi Montium ministrorum solvantur impensae, ut ad leviorem aeris solvendi
similes
CONCILIUM LATERANENSE V
64I
portionem medio hoc paupcres gravari contingat; ad quos, cum hujusmodi census
assignation^ pro impensarum supportatione erigendos, Christi fideles majoribus indulgcntiis invirandos esse decernimus. Omnes autem religiosos, et ecclcsiasticas ac saecularcs pcrsonas, qui contra praesentis declarationis et sanctionis formam de cetero
poennm,
tentiac
Ex
.
privilcgio
excommunicationis
nuper ad nostrum
quocumquc non
latac sen.
quod canonic]
patriarcha-
dinariorum correctiones
ipsis
infamiani
non parvam
pariunt, et
clerici
alii
aliis
inferunt
eorum forum
et ordinationes subtcrfuglunt, ac
sive judicium
per exemptionem,
nisi
qua gaudent, credcrent sc defendi, nullatenus fuissent commissuri. Hinc itaque accidit,
ut propter eorum audaeiam, qui praetextu privilegii exemptionis impunitatem excessuum obtincre confidentes, nonnulla multoties committant enormia, per quae plurimum
diffamatur ecclcsia, et scandala gravia generantur; potissime autem cum
ad quos
horum
talia
per eos,
ad quos spectat,
illi,
ilia
punirc negligunt:
delicta
cxemptorum
tendant, et diligentcr
exemptos ipsos
ant,
officii sibi
esti
modi compctit,
alii
locorum
pcrsonalitcr,
milhis in partibus
si
illi,
quibus
vigilanter in-
quamprimum
et
eis
Mam
circa
si
alii
circa
eorum exem-
hoc negligentes
cxemptorum ipsorum
quorum
si
sua in prae-
missis intcressc putaverint, per edictum publicum cathedralium seu aliarum ecclesia-
rum locorum, in quibus cxemptorum judices hujusmodi residere, seu nullis eorumdem
cxemptorum judicibus exsistentibus, ipsos exemptos deliquisse contigerit, valvis affigen-
dum moncant,
infra
inoniti in
hoc negligentes
arbitrio
moderandum. Et
si
ipsi
ut in co, in
sc
cxaminarc
possiiit; ac
dummodo
delictum
alias rite
probatum
fuerit,
vel dici posse prohibemus, sed per eos habitum, clausuni, et eorum
sedis Apostolicac
processu
factis,
ad quarum solutionem
nullum
sigillo
allegari
munitum, ad
eosdem
inquisitos et ac-
citius destinare
procurent,
CANONES CONCILIORUM
642
apud eamdem sedcm per Romanum pontificem vel alium, cui duxerit committendum,
diligenter cxaminandum; et ira culpabiles repertos, quoad condemnationem vel propter
propter quae ad torturam pro veritate exquirenda procedi valeat,
ad ipsos dioecesanos, scu ordinarios per cos auctoritatc nostra in causa inquisitionis seu
accusationis ultcrius legitime procedendum, et causam ipsam, prout justum fuerit, terminandam remittendum.
sufficientia indicia,
2.
fclicis
quorum
initiis
tum
deferentes, et
quam
alii
in civilibus,
criminalibus ab
in
ct
gestantes, atque
officia sua
in criminalibus
auri de
alii
quam
dem diocccsanorum
summam
Dignum quoque
3.
et
Romanae
ec-
ill i
subjecta, in
tutioncm
in concilio
facultas, illam
incipit:
familiaritatis
per consti-
innovamus, ac exemptionibus et privilegiis quibuscumque non obstantimandamus. Per pracmissa quoque eisdem dioecesanis
est,
nullatenus prae-
judicium generetur.
5.
citatis
et ordinamus,
quod singulae
quam
civiles et mixtae, ac
dummodo
forum
bencficia Tpsa
gcneraliter rescrvata
et
tionem, valorem
annuum non
coram
excedant, in
pnma
instantia extra
Romanam
curiam, et
in partibus
ordinariis
CONCILIUM LATERANENSE V
non
alia
643
possit; nisi niter collitigantium adversarii sui potentiam merito perhorrescens, seu
probata,
pcllationum
alircr
quam
auderet
litigare.
prima
Eo enim
instantia,
committi et cognosci
ct terminari
non
non suspectum, ab
quisiti,
7. F.r
ipsis
si
partibus vel
earum
altera re-
quam
ecclesias, et
illis
eorum
jurisdictionibus,
et nobilibus
eorumdem, qui
in beneficiis ecclesiasticis
quo
momenti.
jurium graduati
in altcro
litteris, et
absque
ali-
non solum clericis, sed etiam laicis conferre, sacerdotes ct clcricos dclinquentes ad eorum libitum punire; decimas omnium rerum, ad
quarum solutionem de jure tenentur ac cathedralium et alia, quae legis dioecesanae
saltern colorato titulo bencficia
et jurisdictions sunt, et
fiant,
eorum
mandare, ac
ipsa et fructus
quoscumque, ne a
cedendum, ac bencficia
eis
con-
inferri,
non modo
pcrsonas
bona
ecclesiasticas, ac
ecclesiastica
non
ilia
offendcrc praesumunt;
et
prospero
statui,
non
laicis
sine
damnanda
quam
pernicie
in-
dccimaruni solutionc,
et singulas constitutiones,
quae super
quam
venerabiles
dctincntcs, ct
in
libito voluntatis
dum, aut
alias
disponendum,
et feuda ac
vendendum temerc
bona
ecclesiastica in
emphytcusi conceden-
ea, nedum juri contraria, sed etiam ecclesiasquamplurimum et adversa; ut^de officio nobis credito
reges, principes, duces, marchiones, comites, barones et quoscumque alios alterius cu-
juscumquc
mandantes, ut
ipsi
hortamur
in
Domino, eisdem
inviolabilitcr ol)scrvari,
quacumque consuetudine
contraria
non
obstante,
Ac
si
divinam
collationes de
CANONES CONCILIORUM
644
reddantur inhabiles ad
obtinenda, donee
cum
utentes,
illis
cis
super hoc
districtc
injungimus, ut
in
cis
Et
9.
cum
pontificiac dignitatis
fuerit,
ne
ut
tcmporalibus sine quibus spiritualia diu esse non possunt, privatis, ac clero et populo
Christiano carentibus, de aliquibus personis praesertim religiosis providcretur; consti-
non
quacumque
constitutione
obstante. 7
Ex
licet littcrarum peritia per librorum lectionem possit facilitcr obtineri; ac ars
imprimendi libros temporibus potissimum nostris divino favente numine inventa seu
aucta" cTperpojiSaljjlunni^inortaJ|bus aTJ^lejiLXOiiirnodai cuinjiarva mpensa, copi a
Ijh rorum m axima hajjeaturTquibus ingenia ad littcrarum studia pertonimodc exerceri,
c vin crucfm in oinru IThguaruni gencre, praesertim autem catholici, quibus sanctam
RcmiananjTecclcsiam amjna^re afTectamus, facile^ evadcre p()ssunt; qui etiam infideles
sciant ct valeant~"5arris iftlttTiifls'instruere, fideliumque collegio per doctrinam Christianae fidci salubritcr aggregarc. Quia tamen multorum querela nostrum et sedis Apos.
toHcac
piilgavit ailditum7~nTod'
mundi partibus
tinuni translatos,
quam
alios,
Arabicae
et
Chaldaeac linguarum
in
fi
in
La-
de, ac
quorum
fide,
lcctura
acdificantur, sed in
maxTmos
potius tarn in
(]uam in vita et moribus prolabuntur errores; undc varia sacpe scandala, prout
rerum magistra docuit, exorta fucrunt, et majora in dies exoriri formidanne id, quod ad Dei gloriam, et fidci augmentum, ac bonarum artium
propagationem salubritcr est inventum, in contrarium convcrtatur, ac Christi fidclium
saluti dctrimentum pariat; super librorum impressionc curam nostram habendam fore
e\}>crientia
tur.
Nos
itaque,
duximus, ne dc cctero
cum
intcrmisceantur. \ olcntes igitur de opportuno super his rcmcdio ])rovidcre, hoc sacro
approbante concilio, ut negotium impressionis librorum hujusmodi eo prospcretur
felicius,
qnliaanius
aliam
7
(njo^l
quamcumque
urbe nostra,
quam
njullus
aliis
librjini
st^mnus^et
ali
quem
sfiu_
quibusvis civitatibus et
CONCILIUM LATERANENSE V
diocccsibus inprimcre scu imprint
nostrum
ct sacri palatii
vcl '.ilium
ab
Magistrum;
habcntem pcritiam
eodcm cpiscopo ad
facere praesumat,
inaliis
645
nisi prius
vero civitatibus
inUrbc
et dioecesibus
per vicarium
per episcopum
dcputandum, ac inquisitionem
id
quibus librorum
in
ccsis,
hujusmodi
inipressio
fieret,
dcmum
ac
sistat;
ingravcscentc contumacia
juris
taliter
alii
exemplo
ejus
siniilia
Ex
1.
Dec,
sessio xi, 19
et ordijiamus,
15 16.
uMiullus
tarn clericus
cujuscumque etiam Men dican tium ofdinis regularis, aut quivis alius
ad jjuciu-fncultas praedicandi, tarn de jure quam dc consuetudinc vel privilegio aut
alias pcrtinet, ad lmjusniodi officium exercendum admittatur, nisijprius per superiorem
saecularis, (juani
suum
(in
qua
ad
illud
dc bujusiupdi examine
et hie,
approbatorisquc cplscopis
et aliis
locorum
2.
quocumque
sustinent,
quique
in
futurum sustinebunt, ut
et in
posterum
doctorum
semper
illis
insistant,
quae ab
intcllcctis,
christi
omnibus
cctcrisquc cujuscumque
fatis,
nc dc^cctcro
in
pracdiccre, nec
scrmonibus
ilia
status,
quaeque futura ex
littcris sacjjs
constanter
inanesmic divinationcs asscverando, aut alio quocumque modo tractanda assumant; sed
ex divinac vocis praeccpto cvangclium omni creaturae, cum vitiorum detcstationc et
\
et declarent; et
pacem
rumquc
coram vulgo
et laicis
eis
mutuam
et praelatorum, ac aliorum
ac dilectionem
foventes,
superiorum, eo-
non modo
incaute,
CANONES CONCILIORUM
646
Denique constitutionem
3.
"Religiosi,"
quam
felicis
quae
incipit:
Domino
lucrifacientes, talentum,
quod ab
eis
eum
illo
aliter
impediri minime
Et quoniam res magni momenti est, eo quod non de facili credendum sit omni spiritui,
sed sint probandi spiritus, teste Apostolo, an ex Deo proveniant; volumus, ut lege ordinaria talcs assertae inspirationes, antequam publicentur, aut populo praediccntur, ex
nunc Apostolicae scdis cxamini rescrvatae intclligantur. Quod si sine morac periculo
id fieri
non
valerct, aut
hujusmodi negotio
viris,
ille
cum
adhibit is
secum
eis diligenter
5.
S^qui autem contra praemissorum aliquod committerc quidquam ausi fuerint, ultra
tales a jure statutas, excommunicationis etiam scntcntiam, a qua nonnisi
poenas contra
a
Romano
Pontifice,
praeterquam
in
in-
currere volumus.
Ex
Bulla
"Dum
Dec,
15 16.
augmentum, pacemque
posse cognoscimus,
unicuique quantum
quod
ita
demum
si
fieri potest,
alii
legitime spectantes,
quoad
ea,
curam
si
religiosi
fuerint, juxta Tpsius ordinis regularia instituta intra septa regularis loci; saecularcs vero
tamquam
suae jurisdictioni
subjectos punire.
2.
non
Ac _tani
praelati
quam
ligati
volentes,
celcbrare possint; ipsique fratres tales celebrare volentes libenter recipere debeant;
3.
dummodo eorum
remota, accedere;
9
CONCILIUM LATERANENSE V
nec non supcriores eorumdem fratrum,
4.
dummodo
vicariis,
antur. Possjntquc
eos
si
ad praelatos
illi
647
fratres,
sibi
ultra"
eorum
litteratura et
ctiam indebite
quae
incipit:
"Omnes
5. L-.iicos
tamen
homine
latis,
nullatenus ab-
solvcrc possint.
6.
saccrdotcm ilia sibi dare denegasse, dare negueant, nisjjlenegatio sine legitima causa
facta, vicinorum tcstimonio probata, aut requisitlo coram notario publico facta docere-
tur.
obsequio
insistentibus,
7.
tempore
cialc rcfutata, ac
eosdem
inter
viridi obscrvantia, et
cum
Volentes quoquc
9.
fuerint.
Parochias autem
8.
ct locoruin
pro
sit
in
sepeliri in habitu
in
cligerc possint.
10.
Quodque
sufficicntia examinari, et
dummodo
eorum
ecclesiis seu
quisito, et
domibus, seu
vicario, super
aliis
eorum
locis,
ab
11.
Nec ab
dictionem petcre, seu in ecclesiis per eos pro tempore aedificandis, primum lapidem per
alicnum cpiscopum poni facere possint, nisi ubi ordinarius bis aut ter cum debitis reverentia et instantia requisites, sine legitima causa id recusaverit.
12.
13.
Et ut debitus honor
et
ipsi fratres,
quani
alii
clerici
saeculares, etiam super hoc Apostolicae sedis privilegio muniti, die sabbati majoris
C A NONES CONCILIORUM
64 8
14.
latas et
domorum suarum
in ecclesiis
Et
15.
quorum
ut
oppidorum
re-
publicarc ac scrvare.
illos,
ad solvendum decimas, sivc aliam bonorum seu fructuum quotam in locis, in quibus
decimae ipsac aut similia solvi consuevcrunt, etiam sub oncre conscientiarum suarum
monere ct
super hoc
illas
requisiti, id
et
pcrsuaderc teneantur.
16.
coram
eis
debeant; et
per eosdem fratres, quibus dati fuerint, ultra duas diaetas a loco suae solitae
alias eis
fragantibus.
17.
in-
Procurators quoque ct negotiorum gestores ac opcrarii eorumdem fratrum serviexcommunicationis promulgatis illaqueati sint, et esse censeansi illis causam dederint, aut dantibus consilium, auxilium vel favorcm praestiterint.
18.
insistcntes, scntentiis
tiis
tur,
19.
chordcllati, ct
alii
tertii ordinis,
in propriis
Qomibus
habitantes, sepul-
turam, ubi volucrint, eligcrc valeant; sed die Paschatis tantum cucharistiam,~nec non
sacramento dum-
taxat excepto, a proprio sacerdote xecipcre, ct_ad oncra, (piac laicis incumbunt, perfe-
renda teneantur, ac
20.
in
Et ne censura
suorum ordinum
causam dederint interdicto, vel causam
ipsam nutriant seu foveant,"aut dantibus auxilium, consilium vel favorcm quoquo modo
tempore
si
praestiterint.
21. Collegialiter autem vivntes, seu cum claustralibus habitantes, ac mulieres virginalcm seu cacllbcm, aut castam vidualem (expresso voto ct sub dicto habitu) vitam
ducentes, privilegiis, quibus fratres ordinis, cujus tertiac rcgulae habitum gestant, gau-
dere debeant.
22.
Omnia
quorumcumque
649
quoquc
contra pracniissa, seu aliquod praemissorum eisdem ordinibus concessis, etiam in Mari
niagno contends; quibus, ctiamsi ad illorum dcrogationem, de eis, eorunique totis tenori-
bus
exquisita
forma servanda
esset,
alia expressio
irritum et inane,
si
10
quoquam
quavis
INDEX
Abbess: Blessing of, 388, 454; no fees f<
reception of nuns, 153, 288
Abbots: Accusers of, 489
Alienation of monastic property, 149
Agde
Female servants,
25
Monasteries, 154
Monks subject to bishops, 93
Provincial synods, 118
(continued)
Feminae extraneae,
221
Agnes of Rome,
115
St.,
152
Alanus de
No
No
445 note
Insulis,
Frederick
and
298
convokes
tions, 220;
cil,
Lateran Coun-
III
ders, 386
Alexander
Alexander
(pope), 443
of Alexandria)
(bishop
Arius, 10
and
f.
8, 31
Acocmctac, 93
Acolyte, 56 note
Acropolitcs, Gcorgius, 325
Ad cvitanda scandala, 474 note
Admonhio canonica, 220, 277,
canon
306,
six of I
359,
Alexandria,
421
Advwnhio
II,
Nicaea,
School
Synod
Adoptionism (heresy), 8
Adrian I (pope), 128, 162:
f.;
Rank
of,
69
of, 10
Allemand (Cardinal
caritativa, 250
31
of,
d')
and Council or
Basle, 467 ff
II Council oi
Nicaca, 141 ff.
Adrian II (pope), 157 ff.
(pope) suspends law of conAdrian
Alms, Abuses
Altars:
245;
no
fee
clave, 335
on
Greek presumptions,
Church
prototypes, 88;
Oppressions by, 254; Salary of, 348;
service to clients, 347; in the West,
Advocates
roll,
87;
(ecclesiastical):
duties and
gins, 115
cia), 13
89
Aelia Capitolina. See Jerusalem
Actius (Arian bishop without see), 63
AnacletusII (antipope),
Agapctac, 23
Agatho, St. (pope) and Monothelitism,
Anastasius
3K
null, 213
(bishop of
Antioch,
Mono-
thelite), 136
ff.
83
Civil tribunals, 99
65
abduction of
INDEX
65 2
virgins,
Aries,
114
School
of, 8,
69
f.,
of:
{ca. 452):
clerics
gemmae
and secular
pursuits,
106
Communication with
excownmmicati,
Arnold of Brescia
198
Episcopal consecration, 28
Jurisdiction of metropolitans, 27
Letters of peace, 102
Synods
(314):
91;
Theodore (bishop
Ascidas,
of Caesarea in
Cappadocia, Origcnist),
129, 131
f.
Apollinarians (heretics), 64
Apollinaris the Younger (bishop of Laodicea, heretic), 64
Apostates, Reconciliation of, 36 note
Apostolici regmiinis, 487
Asylum, Right
Athanasius,
19,
59
52; at
32, 64,
66
of, 205 f
(bishop of Alexandria),
baptism of Paulianists,
Council of Nicaea, 13; homoSt.
65:
f.,
ousios,
5 f
Athenagoras, 35 note
Atticus
To Rome,
Asia (exarchate),
(bishop of Constantinople),
75
Attila (king of
Augustine,
St.
Huns),
24,
Augustinians,
Eucharist, 259
317
Second, 475
reprisals, 358
marum
Arianism
(heresy), 8
fT.,
15?.,
55
fT.,
69:
15,
59
II
Bandinclli
(emperor), 299
(Roland), term "transubstan-
tiation," 239
Baptism: Greek presumptions, 244
fant, 374; Validity of, 238
Baptism, Paulianist, 51
Bardas (Caesar), 157
Bari, Council of (1098), 325
Barsumas
of
monk), 92
at
In-
(Monophysite
Council of Chalce-
don, 80
2,
Caesarea in Cappado-
10, 25, 35
note, 43
Basileiad, 97
before
f.;
Nisibis
f.:
cia),
f.
Baldwin
f.,
54
INDEX
653
(continued)
Inquiry before ordination, 38
Penitential stations, 40 note
Benefices (continued)
Posture in prayer, 57
Ravishers of women, 125
Benevento, Invasion
Simony, 198
299
Bernard,
Basil, St.
Union
of, 184
195
(emperor), 157
Council of, 456-72
Annates and papal taxes, 465
Articles of Prague, 461
Attendance, 458
Convocation, 457
Ecumenicity, 472
Factions, 466
crees, 371
Basil
Basle,
at,
Berenger,
Greeks
f., 489
Alienation of Church property, 149 f.,
464
169, 174
Hussites, 460
ff.
Annual
Members
excommunicated, 468
of,
Object
report, 308
of, 457
Presidency, 457
Procedure, 461
Basques (heretics), 234
Bassianus (bishop of Ephesus), 97
Bararzcs (emperor), 300
Beghards (heretics), Errors of, 389
Complaints
122, 2 16 f
Decorum
Deportment
352;
Disqualifications, 37
264
for, 268
Female
servants, 152
Judge
orders,
79> 4'7>
454
acquired through default of de-
in first instance,
Marriage
May
of,
ordain
Mulieres subintroductae, 21
Provisional collation
No
415
f.
251
04
Molestation of, 502
Never two
f.
of, 44,
200
own
Migration
98
Jurisdiction restricted, 64
344
laics, 211
418
fendant, 305
Rules for
sees,
222, 268
Obtained from
of, 199 f
Dispensers of viaticum, 42
Dispossessing tenants, 172
ff.
382
Competent persons
in, 182
Beguines, 388
Benedict XI (pope), mendicant orders,
Not
Novatianist, 34
147,
152,
INDEX
654
Bishops (continued)
Oppression of monasteries by, 93, 405,
Physical violence against, 2041., 402
f.,
498
Poor-relief, 97
Preaching, 251
T,
f.
let-
Psalter, 145
term,
Canons
men
for
priest-
hood, 268
Supervision of monasteries, 92
Surrender of churches, 350
To be chosen from widowed church,
264
Translation of, 489
Usurpation of authority, 174
Visitation of monasteries, 387, 501
Blasphemers, 361 f.
Blasphemy, 495
No
monastery), 93
Bonavcnture, St., O.F.M.: Death of, 326;
at II Council of Lyons, 324
Boniface VIII (pope) Condemnation of,
sought, 365 f., 369 note; mendicant
orders, 352; Super cathedram, 379ft.
Bonifacius dc Amanatis, plenary indul(Irish
gences, 437
ff.
regular:
abuse
of
secular tribunals, 99
(398) , appeals, 176
(401), provincial synods, 118
Cassian, John, posture in prayer, 58
Castration. See Self-mutilation
Catalani, grave sin clerics, 21
Catechumens, 44
Cathari. See Novatians
Bridgittines,
Order
(bishop
of, 155
of Olmiitz), mendicant
No
Peremptory exception
in, 304
Several actions against same person, 304
Cclestine
70
ff.;
32, 65
f.
I,
St.
on
refusal of viaticum, 43
IV (pope), 298
Celestius (heretic), 75
Celibacy, 107, 193 and note
Cclestine
exemptions
500 f.
Chapter, 479
Courts of princes, 427
Debts, 478
Jurisprudence and medicine, 201
Marriage of, 200 f
Bruno
at
503
Bobbio
Thomas de
177
Blessing,
Cajetan,
Callistus
INDEX
Cemeteries: as asylums, 206; Consecration
of, 507; Profanation of, 355, 394
Cesarini (Cardinal Giuliano) and Council of Basle, 457-67
Cessatio a divinis, 247, 345
Chalccdon, Council
of,
Chapters
(cathedral):
Reform
of, 247;
elections,
in
227;
55
No
Oppression
Payment of
debts, 307
491
In possession of
Received from
Surrender
re-
laics,
223
of, 306 ff
Storage
in,
258
of, 350
Truce of God,
When
202
laics,
Repair
94 f
Chorcpiscopi, 86 note, 151: authority
f.
clerics,
of, 148
192
Gregory X, 352
Clement IV (pope), 215, 335
Clement V (pope), 365-71;
convokes
,6 3
.
362
f.;
Fictitious, 498;
Robbers
of, 233
to,
227,
and
note
Church
Church
Church
Church
Church
Church
orders, 379
ff.;
suppression of
369
Clement of Alexandria,
Clergy
note
decent subsistence,
(parochial),
269
of Armenia, 65
of Cyprus, 74, 100
506 ff.
Conduct and
of Ethiopia, 65
of Georgia, 65
Clerici
personnel, 55
property: Administrator
beneficiati,
of, 491
of, 149,
duties
ff.
ff.
180
Alienation of,
169,
149,
174,
180,
193,
Appropriation
Improvement
Inventory
of,
226
Seizure of,
of,
by
Blasphemy, 495
Capture and detention
Causing disorders, 121
306
laics, 171
Branches
of Church
property,
f.
of, 307
Safeguarding
Alienation
169
of, 307
Recovery
Accusers
Under
Temp-
lars,
of,
when
Churches from
laics,
Commendatory
letters, 103,
226
105
194,
INDEX
65 6
Clerics
(continued)
Decorum
493
Gaming, 257
Guilty of grave sin, 20 f
Hunting, 218, 256
Incontinency, 192, 200, 224, 255, 473,
496
Influencing choice of burial place, 440
Marriage of, 192, 200
Migration of, 44, 94, 1 18, 149, 174
Minor, permitted to marry, 422
Muliercs subintroductae, 21, 180
graduated
of,
in,
495
f.
f.
Ecumenicity
Method
Object
of, 452
of electing new pope, 448
of,
Reform
443
decree, 448
No
Constans
Novatianist, 34
Oppressive taxes on, 230
Constantia (empress), 59
Constantine (pope), 128
Constantinc the Great (emperor),
498
Plots against bishops, 117
Pluralism, 101, 151, 225, 268, 346, 416,
491
Preaching, 505
Usury, 47
Clermont, Synods of:
(1095), truce of
(
1
1
30)
God,
188
tournaments, 204
Communion
in extremis, 36 note, 42 f.
Conciliary theory, 445 note
Conclave, Law of, 331 ff.
Concordat of Vienna (1448), 471
Concordat of Worms (1121), 177, 180
Concuhinarii, 192, 200, 224, 255, 473, 496
Confession, Annual, 259 f.
not
303;
law, 502
in cither
conciliary
137
II
f.
59:
Baptism
cil
of Nicaea,
of, 60;
19, 55,
ousios, 16, 59
124;
16,
246
Greek
patriarch, 67
In hands of Arians, 60
"Home
Synod," 100 f.
Latin patriarch, 67
Primacy of honor, 65
Priority of, 125, 172, 246
Usurpation of jurisdiction, 66
of, 168
(553):
Object
of, 61;
convocation
and
attendance,
Rec133;
132;
EX
Constantinople, Councils of (continued)
Convocation of, 138; Pope Honorius
39 f.
(869-70): Convocation of, 158; earlier
1,
canons confirmed,
159; Recognition
141
ff.
Form
of deaconess, 109; functions of deaconess, 113; What are the, 110 note
227, 283,
Functions
of, 113
Cornerstone, Laying
of, 107
Nature of order,
113
Ordination
f.,
of, 53
Paulianist, 52
to chastity,
In the West,
Deacons, 55
107
f.
nof.
mf.
f.
Migration
of,
Must be
16
Nicenc-Constantinopolitan,
confirmed by Chalcedon, 82
Crusaders: exemption from taxation,
314; under protection of Church,
62:
No
fee for
appointment
of, 227
Procurations, 218
294,
294,
3H
Crusades, 186, 292 fT., 313 fT., 360 ff.
Cyprian, St. (bishop of Carthage), 29, 134
Bishops and secular pursuits, 90 f.
Inquiry before ordination, 38
Lapsi and sacred orders, 39
Qualifications, 217
Degradation, 249 ,
Delegation in judicial matters, 414
Demetrius (bishop of Alexandria),
Denifle, Heinrich,
CP.,
Death of, 78
Deposed, 73
Dignities for
78
f.
50, 123
worthy
202, 206
Diminutio
Diocese,
capitis f 249
No
two bishops
in
same,
34, 251
93;
Imprisoned, 74
Reconciliation with John of Antioch,
46
18,
391
Diaconus episcopi,
107
Mulieres subintroductae, 24
Ordains readers, 106
Refusal of viaticum, 42
Cyril, St. (bishop of Alexandria) , 60-74
Anathcmatisnis, 71
At Council of Ephesus, 71
exiled,
82;
presides
at
Robber
f.,
503
IV Lateran Council,
Dominic,
lite),
21, 180
49
Mixed marriages,
nof.
f.
Surgery, 258
of, 507
of,
108
f.,
f.
Imperial legislation,
Presumptions
476
55
Vowed
Text
Development of order,
Marriage
of, 159
Creed,
657
Deaconesses (continued)
135
ff.
St.: at
391;
Lyons,
schools
of
Council of
3511*.
131
II
237;
of,
no
Domnus
12
INDEX
65 8
Eudoxians (heretics), 63
Eudoxius (bishop of Constantinople, heretic), 63
Eugene
Eugene
I,
(pope), 138
(pope), nuns and canonesses,
St.
III
212
Eugene IV (pope)
Eckhart, Master John, O.P., 391
Ecthesis,
36
fF.
94
Elections, Episcopal, 26, 29 f., 146, 264
Appeals in matters of, 336
Clerical
37
f.,
in,
27 note,
196
Methods
of, 265
Procedure
Eunomians (heretics), 63
Eunomius (bishop of Cyzicus) 63
,
Nicaea, 13
Eusebius (bishop of Dorylaeum), 78 ff., 82
Eusebius (bishop of Nicomedia), 10, 16,
19,
65: exiled, 60
exile
party, 15
Eustathius (bishop of Antioch),
Uncanonical, 185
from
excommunication, 29
Clerical celibacy, 107
Clerics and secular pursuits, 91
Consecrated virgins, 114
Fcminae extraneae, 24
Ordination of jornicarii, 21; of strangers,
Refusal of viaticum, 42
Simony, 88
Usury, 48
Ephesus, Council of, 69-74: convocation
and attendance, 71; Emperor annuls
acts of, 73; Nestorius condemned, 72;
papal legates, 73; presidency, 72;
pseudo-council of John of Antioch, 73
Ephesus (Asia), Sec of, 32, 65^
Epaon, Synod of (517): civil tribunals,
99; deaconesses, 111
Basle,
Council of Nicaea,
in,
Synod of
and Council of
Flight, 464
45:
abbreviated, 417
Secular interference in, 173 f.
Seeking one's own election, 266
Elvira,
457
Dissolves council, 459
Election of, 457
ff.,
89
Eutychius
(bishop
presides at
II
of
Constantinople):
Council of Constanti-
Abuse
185,
198
of, 220
INDEX
Exemptions: Abuse of, 500 f.; granted pro
tempore, 501; Revocation of, 453
Exemptions, Monastic: 191; First instance
of, 93
Exivi de paradiso, 407
Exorcist, 55 f.
659
Greek reunion: Eugene IV, 468 ff.; Gregory X, 325 f.; Leo XIII, 245
Gregory I, St. (pope), 62, 89, 133: def ensores, 88
f.;
monastic
11,
Francis of Assisi,
St.,
cil,
f.,
335:
f.;
385
and Council of
(pope):
Constance, 443
reconvokes coun-
Gregory the
Armenia),
13,
65
abusing
among,
their
228; Jus
Maximus
the Cynic, 67
Gregory of Nyssa,
61
St., 54,
Rule
of, explained,
II
Council of
Spirituals, 374
ff.;
usus
Frederick
Frederick
Gregory XII
ff.,
406 ff.
Franciscans: Beguines, 391;
Lyons, 351?.;
II
f.
Churches:
(king), 484
ff.
regale, 341
Francis
f.
469 ff.
Fines, Appropriation of, 248
Finke, Dr. Ileinrich, 327, 330
Flavian, St. (bishop of Constantinople),
197
convokes
of
Gregory
of
simony, 179
Gregory DC (pope),
237 ff.
(antipope), 471
Felix
Fclicissimus (heretic), 29
Ferrara, Council of, 467 ff
210;
restitution
191;
131
Founders
taxes,
tithes, 191;
presbytera, 112
fF.
II
III
Guido of Crema
(antipope), 216
Henry
Henry
Henry
Henry
III
(emperor), 184
(emperor),
177, 182
(bishop of Winchester)
of
Langenstein
and
447
conciliary
theory, 445
George (bishop of
f.
Constantinople,
Mono-
thclitc), 139
325
ex-
traneae, 25
note
ff.
Order
ff.;
De-
Hermiana
(Africa), 131
of, 155
of, 32, 65
Gilbertines,
substantiation," 239
tribunals,
3.
INDEX
66o
Holy Ghost, Procession
Holy Land, Aid for, 236,
360
of, 330
292
310, 313
ff.,
ff.,
ff.
of, 355
note
"Home
Synod," 100 f.
Ho?noousios, 5 f 59 f
1
36
(emperor),
bunals, 98
ecclesiastical
tri-
f.
bomoousios,
and note
Hospitallers of
societies, 223;
Gregory X, 352
Humbert de Romanis,
O.P., 327
143,
359
Abuse
of, 475
Burial during, 284
Directions for imposing, 322
Privilege under, 284 f.
13
f., 165
to be honored,
No
130
Images:
14
f.
Inquisition,
.,
Honorius
Honorius
160;
those
condemned forbidden
to paint holy
images, 164; Writings against, 148
Imposition of hands: hegumanos, 150;
Investitures,
No
Novatianists, 35
f.
Rome, 470
Jacques de Vitry, 212: indulgences, 436
jugate 422
Jansen, Bernhard,
353 note
Innocent
I,
St.
(pope):
on baptism of
205;
convokes
II
Lateran
Innocent
III
(pope)
Council, 236
sade, 292
f.;
Asella, 115
and secular
Clerics
f.
Deacons,
ff.;
Innocent IV
emperor, 300
Collection of decrees, 3 16 f
Convokes I Council of Lyons, 299
377
Agapetae, 23
Council,
convokes IV Lateran
S.J.,
pursuits, 91
51
Memorizing the
psalter, 145
Migration of bishops, 45
On
neophyte bishops, 20
Posture in prayer, 58
Jerusalem (patriarchal
jurisdiction
of,
cedence, 33;
Rank
246;
see):
Appellate
honorary pre-
INDEX
Jews: cancellation of interest, 294, 315
Christian slaves, 148, 233
661
convokes
Council, 480; Death of, 482
Juranientum calumniae, 304
(pope):
Julius II
of, 341
Testimony of
Justin Martyr,
106
Christians, 233
Usurious practices of, 290
Flora,
of
Joachim
239, 241
Justinian
II
Council of Constantinople,
132
Deaconesses, 110
Ecclesiastical tribunals, 99 f
women, 124
Three Chapters, 29 ff
Ravishers of
clave, 335
decrees,
St., 18,
(emperor), 48,
Convokes
37
Lateran
Lapsi: in
13,
19,
54, 69,
simoniacal bishops, 88
John of Constantinople, O.F.M., 325
John of Falkenbcrg, O.P., tyrannicide, 451
John of Janduno, Defensor pacts, 445 note
John of Palomar, 458
John Parvus, tyrannicide, 451
army of
36 note
(1123), 177
II
(1139), 195
f.
HI (1179), 214
IV
(1215): annual confession, 259; decrees covering crusade, 292 ff.; exposition of the faith, 237
demned, 242
ff.;
ff.;
ff.;
heresies con-
Joachim of Flora,
(15x2-17)
abolition
of
Pragmatic
Sanction, 485; attendance, 481; Convocation of, 480; Ecumenicity of, 487;
Object
of, 481;
Procedure
of, 482
114
Judaizcrs, Expulsion of, 498
Judge (ecclesiastical) incurs irregularity,
under suspicion,
of,
320
Judicial process,
Record
of, 272
introduction, 102
107;
Lateran Councils:
239
cantors,
V
463
103;
123: ac-
letters,
episcopal consecration, 28
f.
180, 211,
226, 275
Presumptions
of, 226
Usury, 48
Lector. See Reader
171
INDEX
662
Leo
I,
Macedonius
(bishop
of Constantinople,
heretic), 64
428
100
Magistrates, Restrictions on
civil,
276
140
Macon, Synod of
ft.
245
(bishop of Antioch, heretic),
Leontius
446
MajisionariuSy 89
Marcellians (heretics) , 64
Marccllus (bishop of Ancyra, heretic),
*3> 64
Marcian
self-mutilation, 19
f.;
Provi-
Marcus (bishop of
Calabria), 12
note
Martin I,
Clandestine, 280
207, 281
Mystical, 45
(pope): at Constantinople,
Canon
138;
Lyons, Councils
of:
(1245), 297-301: convocation and attendance, 299; crusade, 313 fF.; Latin
rubrics, 478
308 ff .;
Object of, 209; second series of deinvasion,
crees, 316 ff.; Tatar
311
Empire
of
Constantinople,
II (1274), 324-30:
vocation
of,
33
ff.;
Macarius
(bishop
of
Antioch,
Mono-
thelite), 139
ated, 417
Maximilian
Maximus
(emperor), 480
67
Meletian Schism (Egypt),
8,
27,
17,
46
Mcletius (bishop of Antioch), 61
Meletius (bishop of Lycopolis), 17,
31,
27, 31,
46
Melfi,
Synod of
209
Memnon
(bishop of Ephesus) , 7 1
ff
INDEX
Mendicants passing to non -mendicant orders, 386
663
Monks
(continued)
Cura anhnarum,
f.
189
of,
Holy
189
oils,
'75
14, 192,
200
Migration
No
f.
of, 155
Ordination of
Secular interference
189
by
Possession
clerics,
26,
29
f.
prescription, 191
Monoplwsitism
Minor orders,
55
f.
Miracus (king), 65
Monarchians (heretics), 64
Monasteries (double) Birthplace of, 154;
Description of, 153 f.; in the West,
:
154
Montes
(heresy),
pietatis,
498
78
1291.,
ff.,
ff.
ff.
Murder by
f.
Female servants,
61
f.
tic)
129
condemned,
70, 72; at
Council of
(325), 8-18:
vocation of,
sios, 15 f.;
191
attendance, 12
11;
f.;
Con-
Meletian Schism,
17; presi-
11
II
note
(787),
141
ff.:
convocation and
153
As bishops
Nicholas
Nicene
penitential code, 39 ff
I,
St.
257
Causing disorders,
Chrism, 189
life,
223
Consecration of
121
f.
altars, 189
at-
Common
f.
received, 92, 94
ff.,
may not be
Nestorianism (heresy), 69
152
Slaves
175;
Nicholas
II
Nicholas
Nicholas (bishop of
Myra
in Lycia), 13
INDEX
66 4
become
Norbcrt,
St.,
monks
(511),
129
f.
191
(533), deaconesses, in
(538) appeals, 176; bishops restricted to
priests, 189
195
own
how
to be recon-
second
own
diocese
119
Otto
(emperor), 184
marriages, 35
Nunia,
St. (apostle
of Georgia), 65
Decorum
153
Pachomius,
154
Palencia,
in attire, 387
Feigned, 211
St.,
Synod of
sion, 262
No
No
13
No
condemned, 372
ff.
Orders, Holy,
No
476
Orders, Mendicant, 351
f.,
379
ff.:
exhorta-
tion to laics to pay tithes, 439; Oppression of, 383 note; Privileges of, 383 f.;
Privileges
of,
curtailed,
506
f.;
and
ff.
No
Parishes,
rural:
Development
questions of jurisdiction,
of,
116;
183;
town
f.
Olivi
Parafrenarii, 493
Paregorius (priest), 25
Paris, Synod of (1314), reprisals, 358
No
f.
Holy,
Oils,
Residence, 342
Several in one church, 228
Patarini (heretics), 234
Patriarchs: Appellate jurisdiction of, 175,
246
Synods, 170
Patrons, Lay, of churches: abusing their
rights, 228; appropriation of revenues.
269; Presumptions of, 226; Restrictions on, 275 f.
Paul (bishop of Neocaesarea in Syria), 13,
19
Paul
II
(bishop of Constantinople,
Mono-
Paul
IV
INDEX
665
troductae, 24
(heretics)
Poorhouses: Neglect
Paul of
Paulianists
Doctrine
of,
52;
deaconesses, 52
Reconciliation
ff.;
of,
of Heraclea in Egypt),
Prayer, Posture
(Egypt), 29 f.
(bishop of Alexandria),
(bishop of Alexandria),
in,
57
petency
8, 31
380
of
Female
Prescription,
when
Priesthood:
Incompetent
valid, 274
persons
for,
testimony of
Priests:
laity, 37
Assistant, 251
VIII,
Churches and
tithes
from
laics,
200,
224,
190
Covsacrificantes, 49
Incontinency,
496
Marriage
192,
255,
473
21, 180
Qualifications, 217
158
Neglect
monasteries
of, 300
Pilgrim-houses:
Com-
prophecies, 506
f.;
Premonstratensians,
f.;
of, 505;
Examination
65, 67
365
writings
Libelous
*3
II
ff.;
Potamon (bishop
Peter, St.
331
Porter, 55, 89
Porticmi, 186 f.
Pentapolis
391; subject to
against, 172
Pelagius
Peter
Pope: Deposition
214^
s ,f.
of,
bishops, 97
Sons
of, 208
Surgery, 258
Primacy of Rome,
264;
Priories,
II
391; Provi-
126,
29, 66,
173, 246:
Priors
No
Conventual:
Canonical age
ters, 253;
annual report,
Removal
of, 224
308;
chap-
and note
Pilgrims,
clerics, 249
Procuratio canonical exorbitant, 218, 271;
Pisa,
Pncumatomachi
(heretics), 63
402
ff., 498
Procedure, Canonical, against delinquent
f .,
papal
Ephesus, 73
legate
at
Council
of
INDEX
666
178,
120, 200
localities, 321
Rcordinations, 46 note
358
(papal):
Rescripts
Use
of,
Revenues
and secular,
257i 421
by
Resignations, 267
Restitution, 273
thelite),
(continued)
Psalter,
Pursuits, Clerics
Religious
(ecclesiastical)
Plenary admin-
206
ff.
of Toulouse), 299
Ravenna (exarchate),
193
women,
124
Ravishcrs of
Readers, 55 f.:
Children
(449)
78
ff.
f.
Rome, Synods
of,
105;
com-
Romuald,
St.,
255
Rottarii, 258
Reghmni
form, 428
Rudolph of Tlapsburg (emperor), 364
Reims, Synods
( 1
ff.
of:
Sabcllians. See
Religious: Appointment
of, to
impover-
Exhortation to
Hunting, 426
Immunity
laics to
pay
tithes,
439
f.
Monarchians
mercial
intercourse
with,
295,
420
Synod
gins, 115
Sardica,
Synod
of
(ca.
343):
canonical
440
restricted, 285
288
315;
Saragossa,
Loans
re-
migra-
1.
INDEX
Secundus (bishop of Ptolemais, heretic),
Episcopal: to be filled within time
prescribed, 212, 264; Worthy persons
for, 266 f.
Sees,
f.
Semi-Arianism (heresy), 63
Sergius I, St. (pope), 128
Scrgius (bishop of Constantinople, Monothelite), 135
fT.
Sergius
lite), 1 36 f
Severinus (pope),
Seville,
condemns
Ecthesis, 137
Synod of
457
etc., 197
Elections, confirmations,
altars,
475
198 note;
ff.,
Nicaea,
Council of
64:
Appellate
note
11
147,
170
ff.,
Tarragona, Synod of
failure to
(516):
222
148; monastic
state, 92,
94
Solomon (bishop of Claneus, heretic), 139
Sophronius (bishop of Jerusalem), 136
Sorcery, 498
Soul, Rational: distinct in each person,
487; form of body, 373, 377 f.; Immortality of, 487; Unity of, 167
Spiridion (bishop of Cyprus), 13
Spirituals, Franciscan, 374 ff.
Subordinationism (heresy), 8
Vienne,
of
365
ff.;
Gregory X,
223;
posture
37:
prayer,
in
surgery,
57;
readers, 105
Thebaid (Egypt), 29 f.
Theobald (bishop of Canterbury), 196
Theodore I (pope), 137
Theodore (bishop of Frejus), 43
Theodore (bishop of Mopsuestia), 69, 117:
Theodosius
for
Tertullian,
convokes
61;
Three
(emperor): Baptism
of, 61;
29
ff
Council of Constantinople,
deaconesses,
in Arabia,
f.
117:
Chapters,
21,
Council
f.
258
(antipope), 216
Stations, Penitential, 39
f.;
fraternal societies,
Cantor
and Jews,
288,453,475
In papal elections, 482
Rife among chorcpiscopi, 87
Synod of Elvira, 88
subintroductae,
117
Lando
form of punishment,
Slaves: Christian,
Iconoclasm, 141
etc., 453,
Installations, 221
Sitino,
272
f.
Singer. See
Supemae
abuses,
fT.,
Summons, Oppressive,
(619), 124
Si quis suadente diabolo, 205
stance, 443
667
of
annuls acts of
Ephesus,
Council of Ephesus,
73;
1 ;
convokes
misinformed,
INDEX
668
Thomas
Aquinas,
St.,
325
64,
66
Valens (emperor), 60
Valentinian I (emperor), 88
Valcntinian 111 (emperor),
61 f
Tithes:
282; received
from
laics, 190,
how
lost,
169
14 f
f.
257, 455
(461), 96
episcopcij presbytera, etc.,
112;
feminae extraneae, 25
congruent, 269
ff.
Constitatum
I,
Constitution
II,
Trent,
Council
bishops-elect,
of:
commendatory
122;
stewards,
124; testimonial letters, 119; title of
ordination, 95; venial sins, 260 f.
letters, 105;
Tribunals, 98 ff.
Tribur, Synod of (895) abuses of lay patrons, 229; bishops restricted to own
:
diocese, 119
Trier,
Synod of
deaconesses,
202
f.,
History
of, 128;
mis-
exemptions,
132
133
of, 134
ff.
Vincent Ferrer,
St.,
O.P., 447
f.;
St.
Ambrose
on, 22
f.
Tyrannicide, 451
Urban
133
note
231
Typus, 137
Death
as sisters,
sion, 263
localities,
43
Vicar, Parochial: for people of different
ecclesiastical
tribunals, 98
sion to
223
273
Tonsure,
vir-
gins, 114
Widows, Order
of, 54
note
Women,
INDEX
Worms, Synod of
669
failure to at-
tend synods, 18
Worship, Uniformity in, 57
Wiirzburg, Synod of (1287), conserva-
tors, 303
(868),
449
377