11th Council, Third Lateran Council (A.D. 1179)
SUMMARY:
SITE: The Basilica of Saint John Lateran (Rome)
YEAR: A.D. 1179
POPE: Alexander III, 1159 - 1181
EMPEROR: Frederick Barbarossa, 1152 - 1190
Regulated Papal elections by requiring a two-thirds vote of cardinals;Condemned Waldensiansim and Albigensiansim, a form of Manicheanism (an ancient heresy that held matter is evil and thus denied the Incarnation). Albigensians opposed the authority of the Church and of the state, opposed the Sacrament of Matrimony and all external ritual, and practiced ritual suicide.
Third Lateran Council (1179) took place under Pope Alexander III, Frederick I being emperor. There were 300 Bishops present. It Condemned the Albigenses and Waldenses and issued numerous decrees for the reformation of morals.
ACTION: Called and ratified by Pope Alexander III, this council regulated the election of Popes (two-thirds majority vote by the College of Cardinals was required for the Pope to be elected, and the emperor was excluded from voting). It annulled the acts of three antiPopes: ANTIPOPE VICTOR IV (1159) and TWO SUCCESSORS. One of its chapters excommunicated the Albigensians, but dealing with them in greater detail was Lateran IV Council, under Pope Innocent III.
Introduction
By an agreement reached at Venice in 1177, the bitter conflict which had arisen
about
twenty years
earlier between Pope Alexander III (1159-1181) and Emperor Frederick I (1152-
1190) was
brought
to an end. For when Pope Hadrian IV had died in 1159, the cardinals elected two
popes
together,
namely Roland of Siena, who took the name of Alexander III, and Octavian of
Rome
who
though
he was nominated by fewer cardinals, nevertheless with the support of the
emperor
Frederick
usurped the name of Pope Victor IV. The emperor, wishing to remove everything
which stood
in
the way of his authority in Italy, declared war upon the Italian states and
especially
the Roman
church which after its struggle for ecclesiastical liberty for so many years,
was
enjoying great
authority. The emperor carried on the war for a long time. A serious schism had
arisen
out of this
conflict, and after Victor IV two antipopes were nominated in opposition to
Alexander
III, namely
Paschal III (1164-1168) and Callistus III (1168-1178). At last, when Alexander
had gained
the
victory, he promised the emperor at Venice that he would summon a general
council.
The particular object of this council was to put an end to the schism within
the
church
and the
quarrel between the emperor and the papacy. It was summoned by Pope Alexander
in
1178,
"so
that according to the custom of the ancient fathers, the good should be sought
and
confirmed by
many, and that with the cooperation of the grace of the holy Spirit, by the
efforts of
all, there should
be carried out what was required for the correction of abuses and the
establishment of
what was
pleasing to God". The council was held at Rome in March 1179. About three
hundred fathers
assembled from the provinces of Europe and some from the Latin east, and a
single legate
from the
Greek church. It began on 5 March, according to Archbishop William of Tyre, our
chief
authority.
The bishops first heard Rufinus, bishop of Assisi, who in a highly polished
address
praised the
Roman pontiff and the Roman church, "that church to which alone belongs the
decision and
power
to summon a general council, to lay down new canons and cancel the old; indeed,
though
the fathers
had summoned a solemn council many times in the past, yet the obligation and
reason to do
this
was never more expedient than at the present".
We do not have the same reasons for doubting the ecumenical nature of this
council as we
have for
Lateran I and II. For, the way in which the council was summoned and conducted
by the
pope, and
the number of fathers who gathered from the whole Latin world and devoted their
efforts
to
strengthening the unity of the church and condemning heretics, resemble rather
the
ancient councils
than Lateran I and II and exemplify the typical council of the Middle Ages
presided over
by the
Roman pontiff. For this reason it is not surprising that chronicles of the
period
frequently refer to
this council as Lateran I.
Although we do not possess the acts of the council, we have evidence from
chronicles and
annals
and especially from the canons which the fathers laid down in the final session
on 19
March.
Accordingly, to avoid future schisms it was first laid down that nobody was to
be
regarded as
Roman pontiff unless he had been elected by two thirds of the cardinals (canon
1) ; all
appointments
by antipopes were deemed invalid (canon 2), heretics called Cathars were
excommunicated
and
likewise were the bands of mercenaries, or rather criminals, which were causing
utter
destruction in
some parts of Europe; it was declared, and this seems an innovation, that arms
should be
taken up
against them (canon 27) ; it was also decided not to pass judgment about the
preaching of
the
Waldensians. All this seems to have been directed to strengthening the unity of
the
church. In
addition, Alexander III and the fathers, renewing the precedent of Lateran I
and
II, laid
down
several canons for the reform of the church and some concerning morals and
civil
affairs.
The canons of this council played a notable part in the future government of
the
church.
They were
frequently included in the collections of decretals compiled in the late 12th
and early
13th century,
and afterwards all were inserted into Pope Gregory IX's Decretals. Walter
Holtzmann and
other
scholars considered that these decretal collections in fact arose from this
Lateran
council and its
canons. Certainly the canons, unlike those of Lateran I and II and many
preceding
councils, appear
to have been worked out by an excellent legal mind so that it is probable they
were
composed under
the authority of Alexander III himself, who was an expert lawyer. The canons,
except for
those
which refer to Lateran II or the council of Rheims in 1148 (see canons 2, 11,
20-22) or
to Gratian's
Decrees (see canons 1-4, 7, 11, 13-14, 17-18), are new and original.
The tradition of the canons has not yet been adequately examined and remains
very
uncertain. Many
manuscript codices survive for this council (in contrast to Lateran I and II).
However,
they do not
seem to give us the version of the canons which was confirmed by ecclesiastical
authority
and
which Archbishop William of Tyre, with the authority of the fathers, had
himself
drawn
up.
Frequently the canons are to be found in chronicles and decretal collections.
They are
included in
four contemporary English chronicles: those of Abbot Benedict of Peterborough,
Gervase of
Canterbury, William of Newburgh, and Roger of Hoveden. And in the following
collections
of
decretals: the collection called the Appendix of the Lateran council, the
collections of
Bamberg,
Berlin I, Canterbury I-II, Kassel, Cheltenham, Claudian, Cotton, Dertosa,
Douai,
Durham,
Eberbach, Erlangen, Florian, Klosterneuberg, Leipzig, Oriel II, Paris I,
Peterhouse,
Rochester,
Sangerman, and Tanner; and there are a considerable number of collections still
to be
examined.
The canons are also contained in the book called "Rommersdorfer Briefbuch", the
Cartulary
of
Rievaulx, and the codices Florence Ricc. 288 (Day-book), Innsbruck Univ. 90
(Gratian's
Decrees),
and (which seem to have been unnoticed hitherto) Vatican Regin. lat. 596, 12th
century
(fos. 6V-
8v), and 984, 12th century (fos. 2r-7v). We can say for certain that the canons
of the
council were
spread abroad through the whole Latin church, and were of great weight in its
concerns
and
transactions.
The first printed edition was made by Cr2 (2, 1551, 836-843). He edited, from a
manuscript now
lost or unknown, the whole collection known as the Appendix of the Lateran
council, which
is
divided into fifty parts; all 27 canons of Lateran III are in the first part.
This text
was copied by Su
(3, 1567, 626-633) and Bn (3, 1606, 1345-1350), though Su introduced some
errors. Bn who
was
the first to give the name "Appendix of the Lateran council" to the collection,
added
some variant
readings and rubrics which he had found in the chronicle of Roger of Hoveden.
The Roman
editors
(Rm 4, 1612, 27-33), using also the manuscript codex of Antonio Augustine of
Tarragona,
produced
a more accurate text and more variant readings. Later editions, all of which we
have
exarnined,
followed the Roman text, narnely:ER27 (1644) 439-463;LC10 (1671) 1507-1523;Hrd
6
(1714)
1673-1684; Cl 13 (1730) 416-432; Msi 22 (1778) 217-233. Boehmer, who published
his
edition in
1747, before Msi, is an exception. He took the canons from the Kassel
collection
of
decretals, where
the order and some readings are different. Finally Herold, in his unpublished
Bonn
dissertation of
1952, examined thoroughly the whole tradition and established the order of the
canons;
using 36
sources, he concluded there were 34 different traditions!
As things now stand, it is impossible to use all the known sources for our
edition. For,
these sources
reveal only a limited part of the whole tradition and, what is even more
important, we do
not yet
understand the relations between the individual traditions. Even Herold has not
examined
these
relations sufficiently. We have therefore preferred to publish the text of a
single
tradition,
namely that of the Appendix of the Lateran council, using Cr2 and Rm as the
best
text of
this
tradition and including the variant readings listed in Rrn. This "Appendix" is
a
good
text, as
even Herold's text (= H) shows. We have given Herold's variant readings in the
critical
apparatus,
and we have noted in footnotes the order in which he places the 23 canons that
he
includes.
CANONS
1. Although clear enough decrees have been handed down by our predecessors to
avoid
dissension
in the choice of a sovereign pontiff, nevertheless in spite of these, because
through
wicked and
reckless ambition the church has often suffered serious division, we too, in
order to
avoid this evil,
on the advice of our brethren and with the approval of the sacred council, have
decided
that some
addition must be made. Therefore we decree that if by chance, through some
enemy
sowing
tares,
there cannot be full agreement among the cardinals on a successor to the
papacy,
and
though two
thirds are in agreement a third party is unwilling to agree with them or
presumes to
appoint
someone else for itself, that person shall be held as Roman pontiff who has
been
chosen
and
received by the two thirds. But if anyone trusting to his nomination by the
third party
assumes the
name of bishop, since he cannot take the reality, both he and those who receive
him are
to incur
excommunication and be deprived of all sacred order, so that viaticum be denied
them,
except at the
hour of death, and unless they repent, let them receive the lot of Dathan and
Abiron, who
were
swallowed up alive by the earth. Further, if anyone is chosen to the apostolic
office by
less than two
thirds, unless in the meantime he receives a larger support, let him in no way
assume it,
and let him
be subject to the foresaid penalty if he is unwilling humbly to refrain.
However, as a
result of this
decree, let no prejudice arise to the canons and other ecclesiastical
constitutions
according to which
the decision of the greater and senior {1 } part should prevail, because any
doubt that
can arise in
them can be settled by a higher authority; whereas in the Roman church there is
a special
constitution, since no recourse can be had to a superior.
2. Renewing the decision taken by our predecessor of happy memory, Innocent, we
decree
that the
ordinances made by the heresiarchs Octavian {2 } and Guido {3 }, and also by
John of
Struma {4
} who followed them, and by those ordained by them, are void; and furthermore
that if any
have
received ecclesiastical dignities or benefices through the foresaid
schismatics,
they are
to be
deprived of them. Moreover alienations or seizures of ecclesiastical property,
which have
been
made by these schismatics or by lay persons, are to lack all validity and are
to
return
to the church
without any burden to it. If anyone presumes to act against this, let him know
that he is
excommunicated. We decree that those who of their own accord have taken an oath
to remain
in
schism are suspended from sacred orders and dignities.
3. Since in holy orders and ecclesiastical ministries both maturity of age, a
serious
character and
knowledge of letters should be required, much more should these qualities be
required in
a bishop,
who is appointed for the care of others and ought to show in himself how others
should
live in the
house of the Lord. Therefore, lest what has been done with regard to certain
persons
through the
needs of the time should be taken as a precedent for the future, we declare by
the
present decree that
no one should be chosen bishop unless he has already reached the age of thirty,
been born
in
lawful wedlock and also is shown to be worthy by his life and learning. When he
has been
elected and his election has been confirmed, and he has the administration of
ecclesiastical property,
after the time has passed for the consecration of bishops as laid down by the
canons let
the person to
whom the benefices which he held belong, have the free disposition of them.
Further, with
regard to
the inferior ministries, for instance that of dean or archdeacon, and others
which have
the care of
souls annexed, let no one at all receive them, or even the rule of parish
churches,
unless he has
already reached his twenty-fifth year of age, and can be approved for his
learning and
character.
When he has been nominated, if the archdeacon is not ordained deacon, and the
deans (and
the rest
after due warning) are not ordained priests within the time fixed by the
canons,
let them
be removed
from that office and let it be conferred on another who is both able and
willing
to
fulfill it properly;
and let them not be allowed the evasion of recourse to an appeal, should they
wish by an
appeal to
protect themselves against a transgression of the constitution. We order that
this should
be observed
with regard to both past and future appointments, unless it is contrary to the
canons.
Certainly if
clerics appoint someone contrary to this rule, let them know that they are
deprived of
the power of
election and are suspended from ecclesiastical benefices for three years. For
it
is right
that at least
the strictness of ecclesiastical discipline should restrain those who are not
recalled
from evil by the
fear of God. But if any bishop has acted in anyone's interest contrary to this
decree, or
has
consented to such actions, let him lose the power of conferring the foresaid
offices, and
let these
appointments be made by the chapter, or by the metropolitan if the chapter
cannot agree.
4. Since the apostle decided that he ought to support himself and those
accompanying him
by his
own hands, so that he might remove the opportunity of preaching from false
apostles and
might not
be burdensome to those to whom he was preaching, it is recognized that it is a
very
serious matter
and calls for correction that some of our brethren and fellow bishops are so
burdensome
to their
subjects in the procurations demanded that sometimes, for this reason, subjects
are
forced to sell
church ornaments and a short hour consumes the food of many days. Therefore we
decree
that
archbishops on their visitations of their dioceses are not to bring with them
more than
forty or fifty
horses or other mounts, according to the differences of dioceses and
ecclesiastical
resources;
cardinals should not exceed twenty or twenty-five, bishops are never to exceed
twenty or
thirty,
archdeacons five or seven, and deans, as their delegates, should be satisfied
with two
horses. Nor
should they set out with hunting dogs and birds, but they should proceed in
such
a way
that they are
seen to be seeking not their own but the things of Jesus Christ. Let them not
seek rich
banquets but
let them receive with thanksgiving what is duly and suitably provided {5 }. We
also
forbid bishops
to burden their subjects with taxes and impositions. But we allow them, for the
many
needs which
sometimes come upon them, if the cause be clear and reasonable, to ask for
assistance
moderated by
charity. For since the apostle says children ought not to lay up for their
parents, but
parents for their
children, it seems to be far removed from paternal affection if superiors are
burdensome
to their
subjects, when like a shepherd they ought to cherish them in all their needs.
Archdeacons
or deans
should not presume to impose charges or taxes on priests or clerics. Indeed,
what has
been said
above by way of permission about the number of horses may be observed in those
places
where
there are greater resources or revenues, but in poorer places we wish measure
so
to be
observed that
the visit of greater personages should not be a burden to the humbler, lest by
such a
grant those
who were accustomed to use fewer horses should think that the widest powers
have
been
granted to
them.
5. If a bishop ordains someone as deacon or priest without a definite title
from
which he
may draw
the necessities of life, let the bishop provide him with what he needs until he
shall
assign him the
suitable wages of clerical service in some church, unless it happens that the
person
ordained is in
such a position that he can find the support of life from his own or family
inheritance.
6. A most reprehensible custom has become established in certain places whereby
our
brethren and
fellow bishops and even archdeacons have passed sentence of excommunication or
suspension,
without any previous admonition on those who they think will lodge an appeal.
Others too,
while
they fear the sentence and canonical discipline of a superior, lodge an appeal
without
any real
grounds and thus make use of a means ordained for the help of the innocent as a
defence
of their
own wrongdoing. Therefore to prevent prelates burdening their own subjects
without
reason, or
subjects at their will being able to escape the correction of prelates under
cover of an
appeal, we lay
down by this present decree that prelates should not pass sentence of
suspension
or
excommunication without a previous canonical warning, unless the fault is such
that by
its
nature it incurs the penalty of excommunication {6 } , and that subjects should
not
recklessly
have recourse to an appeal, contrary to ecclesiastical discipline, before the
introduction of
their case. But if anyone believes that because of his own need he should make
an appeal,
let a
proper limit be fixed for his making it, and if it happens that he fails to do
so within
this limit, let
the bishop freely use his own authority. If in any business someone makes an
appeal, but
fails to
appear when the defendant has arrived, let him make a proper repayment of the
defendant's
expenses, if he is in a position to do so; in this way, at least by fear, a
person may be
deterred from
lightly making an appeal to the injury of another. But we wish that in
religious
houses
especially
this should be observed, namely that monks or other religious, when they are to
be
corrected for any
fault, should not presume to appeal against the regular discipline of their
superior or
chapter, but
they should humbly and devoutly submit to what is usefully enjoined them for
their
salvation.
7. Since in the body of the church everything should be treated with a spirit
of
charity,
and what has
been freely received should be freely given, it is utterly disgraceful that in
certain
churches
trafficking is said to have a place, so that a charge is made for the
enthroning
of
bishops, abbots or
ecclesiastical persons, for the installation of priests in a church, for
burials
and
funerals, for the
blessing of weddings or for other sacraments, and that he who needs them cannot
gain them
unless
he first makes an offering to the person who bestows them. Some think that this
is
permitted in the
belief that long standing custom has given it the force of law. Such people,
blinded by
avarice, are
not aware that the longer an unhappy soul is bound by crimes the graver they
are.
Therefore, so that
this may not be done in the future, we severely forbid that anything be
demanded
for the
enthronement of ecclesiastical persons or the institution of priests, for
burying the
dead as
well as for blessing marriages or for any other sacrament. But if anyone
presumes to act
against
this, let him know that he will have his lot with Giezi {7 }, whose action he
imitates by
his demand
of a disgraceful present. Moreover we forbid bishops, abbots or other prelates
to impose
upon
churches new dues, increase the old or presume to appropriate to their own use
part of
the revenues,
but let them readily preserve for their subjects those liberties which
superiors
wish to
be preserved
for themselves. If anyone acts otherwise, his action is to be held invalid.
8. Let no ecclesiastical ministries or even benefices or churches be assigned
or
promised
to
anyone before they are vacant, so that nobody may seem to wish for the death of
his
neighbour to
whose position or benefice he believes himself to be the successor. For since
we
find
this forbidden
even in the laws of the pagans themselves, it is utterly disgraceful and calls
for the
punishment of
God's judgment if the hope of future succession should have any place in God's
church
when even
pagans have taken care to condemn it. But whenever ecclesiastical prebends or
any offices
happen
to become vacant in a church, or are even now vacant, let them no longer remain
unassigned and let
them be conferred within six months on persons who are able to administer them
worthily.
If the
bishop, when it concerns him, delays to make the appointment, let it be done by
the
chapter; but if
the election belongs to the chapter and it does not make the appointment within
the
prescribed time,
let the bishop proceed according to God's will, with the advice of religious
men; or if
by chance all
fail to do so, let the metropolitan dispose of these matters without opposition
from them
and in
accordance with God's will.
9. Since we ought both to plant holy religion and in every way to cherish it
when
planted, we shall
never fulfil this better than if we take care to nourish what is right and to
correct
what stands in the
way of the progress of truth by means of the authority entrusted to us {8 }.
Now
we have
learnt
from the strongly worded complaints of our brethren and fellow bishops that the
Templars
and
Hospitallers, and other professed religious, exceeding the privileges granted
them by the
apostolic
see have often disregarded episcopal authority, causing scandal to the people
of
God and
grave
danger to souls. We are told that they receive churches from the hands of lay
persons;
that they
admit those under excommunication and interdict to the sacraments of the church
and to
burial; that
in their churches they appoint and remove priests without the knowledge of the
bishop;
that when
the brothers go to seek alms, and it is granted that the churches should be
open
on their
arrival once
a year and the divine services should be celebrated in them, several of them
from one or
more
houses often go to a place under interdict and abuse the privileges granted {9
}
to them
by holding
divine service, and then presume to bury the dead in the said churches. On the
occasion
also of the
brotherhoods which they establish in many places, they weaken the bishops'
authority, for
contrary
to their decision and under cover of some privileges they seek to defend all
who
wish to
approach
and join their brotherhood. In these matters, because the faults arise not so
much with
the
knowledge or advice of the superiors as from the indiscretion of some of the
subjects, we
have
decreed that abuses should be removed and doubtful points settled. We
absolutely
forbid
that these
orders and all other religious should receive churches and tithes from the
hands
of lay
persons, and
we even order them to put away what they have recently received contrary to
this
decree.
We
declare that those who are excommunicated, or interdicted by name, must be
avoided by
them and
all others according to the sentence of the bishop. In churches which do not
belong to
them by full
right, let them present to the bishops the priests to be instituted, so that
while they
are answerable to
the bishops for the care of the people, they may give to their own members a
proper
account of
temporal matters. Let them not presume to remove those priests who have been
appointed
without
first consulting the bishops. If the Templars or Hospitallers come to a church
which is
under an
interdict, let them be allowed to hold the services of the church only once a
year and
let them not
bury there the bodies of the dead. With regard to the brotherhoods we declare
as
follows:
if any do
not give themselves entirely to the said brothers but decide to keep their
possessions,
they are in no
way on this account exempt from the sentence of the bishops, but the bishops
may
exercise
their
power over them as over other parishioners whenever they are to be corrected
for
their
faults. What
has been said about the said brothers, we declare shall be observed with regard
to other
religious
who presume to claim for themselves the rights of bishops and dare to violate
their
canonical
decisions and the tenor of our privileges. If they do not observe this decree,
let the
churches in
which they dare so to act be placed under an interdict, and let what they do be
considered void.
10. Monks are not to be received in a monastery for money nor are they allowed
money of
their
own. They are not to be stationed individually in towns or cities or parish
churches, but
they are to
remain in larger communities or with some of their brethren, nor are they to
await alone
among
people of the world the attack of their spiritual foes, since Solomon says, Woe
to him
who is alone
when he falls and has not another to lift him up. If anyone when demanded gives
something
for his
reception, let him not proceed to sacred orders and let the one who has
received
him be
punished by
loss of his office. If he has money in his possession, unless it has been
granted him by
the abbot for
a specific purpose, let him be removed from the communion of the altar, and any
one who
is found
at his death with money in his possession {10 } is not to receive burial among
his
brethren and mass
is not to be offered for him. We order that this is also to be observed with
regard to
other religious.
Let the abbot who does not exercise care in such matters know that he will
incur
the loss
of his
office. Neither priories nor obediences are to be handed over to anyone for a
sum of
money;
otherwise both giver and receiver are to be deprived of ministry in the church.
Priors,
when they
have been appointed to conventual churches, are not to be changed except for a
clear and
reasonable
cause, for instance if they are wastrels or live immoral lives or have
committed
an
offence for which
they clearly should be removed, or if on account of the demands of higher
office
they
should be
transferred on the advice of their brethren.
11. Clerics in holy orders, who in open concubinage keep their mistresses in
their
houses,
should either cast them out and live continently or be deprived of
ecclesiastical office
and benefice.
Let all who are found guilty of that unnatural vice for which the wrath of God
came down
upon
the sons of disobedience and destroyed the five cities with fire, if they are
clerics be
expelled from
the clergy or confined in monasteries to do penance; if they are laymen they
are
to incur
excommunication and be completely separated from the society of the faithful.
If
any
cleric without
clear and necessary cause presumes to frequent convents of nuns, let the bishop
keep him
away; and
if he does not stop, let him be ineligible for an ecclesiastical benefice.
12. Clerics in the subdiaconate and above and also those in minor orders, if
they are
supported
by ecclesiastical revenues, should not presume to become advocates in legal
matters
before a
secular judge, unless they happen to be defending their own case or that of
their church,
or acting on
behalf of the helpless who cannot conduct their own cases. Let clerics not
presume to
take upon
themselves the management of towns or even secular jurisdiction under princes
or
seculars
so as to
become their ministers of justice. If anyone dares to act contrary to this
decree, and so
contrary to
the teaching of the Apostle who says, No soldier of God gets entangled in
secular
affairs, and acts
as a man of this world, let him be deprived of ecclesiastical ministry, on the
grounds
that neglecting
his duty as a cleric he plunges into the waves of this world to please its
princes. We
decree in the
strictest terms that any religious who presumes to attempt any of the above-
mentioned
things should
be punished.
13. Because some, setting no limit to their avarice, strive to obtain several
ecclesiastical dignities
and several parish churches contrary to the decrees of the holy canons, so that
though
they are
scarcely able to fulfil one office sufficiently they claim the revenues of very
many, we
strictly
forbid this for the future. Therefore when it is necessary to entrust a church
or
ecclesiastical
ministry to anyone, the person sought for this office should be of such a kind
that he is
able to
reside in the place and exercise his care for it himself. If the contrary is
done both he
who receives
it is to be deprived of it, because he has received it contrary to the sacred
canons, and
he who gave
it is to lose his power of bestowing it.
14. Because the ambition of some has now gone to such lengths that they are
said
to hold
not two or
three but six or more churches, and since they cannot devote the proper care to
two, we
order,
through our brethren and most dear fellow bishops, that this be corrected, and
with
regard to this
pluralism, so contrary to the canons, and which gives rise to loose conduct and
instability, and
causes definite danger to the souls of those who are able to serve the churches
worthily,
it is our
wish to relieve their want by ecclesiastical benefices. Further, since some of
the laity
have become
so bold that disregarding the authority of bishops they appoint clerics to
churches and
even remove
them when they wish, and distribute the property and other goods of the church
for the
most part
according to their own wishes, and even dare to burden the churches themselves
and their
people
with taxes and impositions, we decree that those who from now on are guilty of
such
conduct are to
be punished by anathema. Priests or clerics who receive the charge of a church
from the
hands of
lay persons {11 }, without the authority of their own bishop, are to be
deprived
of
communion, and
if they persist, they are to be deposed from the ecclesiastical ministry and
order. We
firmly decree
that because some of the laity force ecclesiastics and even bishops to come
before their
courts, those
who presume to do so in the future are to be separated from the communion of
the
faithful. Further
we forbid lay persons, who hold tithes to the danger of their souls, to
transfer
them in
any way {12 }
to other lay persons. If anyone receives them and does not hand them over to
the
church,
let him be
deprived of christian burial.
15. Although in duties of charity we are especially under obligation to those
from whom
we know
we have received a gift, on the contrary certain clerics, after receiving many
goods from
their
churches, have presumed to transfer these goods to other uses. We forbid this,
knowing
that it is
also forbidden by ancient canons. Therefore, as we wish to prevent damage to
the
churches, we
order that such goods should remain under the control of the churches, whether
the
clerics die
intestate or wish to bestow them upon others. Besides, since in certain places
certain
persons called
deans are appointed for a fee and exercise episcopal jurisdiction for a sum of
money, by
the present
decree we declare that those who in future presume to do this should be
deprived
of their
office and
the bishop shall lose the power of conferring this office.
16. Since in every church what is approved by the greater and senior {13 } part
of the
brethren
should unhesitatingly be observed, it is a very serious and blameworthy matter
that in
certain
churches a few persons, sometimes not so much for a good reason as for their
own
will,
frequently
prevent an election and do not allow the ecclesiastical appointment to go
forward.
Therefore we
declare by the present decree that unless some reasonable objection is shown by
the
smaller and
junior party, apart from an appeal, whatever is determined by the greater and
senior {14
}
part of the chapter should always prevail and should be put into effect. Nor
let
it stand
in the way
of our decree if someone perchance says that he is under oath to preserve the
custom of
his church.
For this is not to be called an oath but rather perjury, which is opposed to
the
advantage of the
church and the decrees of the holy fathers. If anyone presumes to maintain
under
oath
such customs,
which are neither supported by reason nor in accord with the sacred decrees,
let
him be
denied the
reception of the body of the Lord until he performs fit penance.
17. Since in certain places the founders of churches or their heirs abuse the
power in
which the
church has supported them until now, and though there ought to be one superior
in the
church of
God they nevertheless contrive to choose several without regard to
subordination, and
though there
ought to be one rector in each church they nevertheless put forward several in
order to
protect their
own interests; for these reasons we declare by the present decree that if the
founders
support several
candidates, that one should be in charge of the church who is supported by
greater merits
and is
chosen and approved by the consent of the greater number. If this cannot be
done
without
scandal,
let the bishop arrange in the manner that he sees best according to the will of
God. He
should also
do this if the question of the right of patronage arises among several persons,
and it
has not been
settled to whom it belongs within three {15 } months.
18. Since the church of God is bound to provide like a mother for those in
want,
with
regard to both
the things which concern the support of the body and those which lead to the
progress of
the soul,
therefore, in order that the opportunity of learning to read and progress in
study is not
withdrawn
from poor children who cannot be helped by the support of their parents, in
every
cathedral
church a master is to be assigned some proper benefice so that he may teach the
clerics
of that
church and the poor scholars. Thus the needs of the teacher are to be supplied
and the
way to
knowledge opened for learners. In other churches and monasteries too, if
anything in
times past has
been assigned in them for this purpose, it should be restored. Let no one
demand
any
money for a
licence to teach, or under cover of some custom seek anything from teachers, or
forbid
anyone to
teach who is suitable and has sought a licence. Whoever presumes to act against
this
decree is to be
deprived of ecclesiastical benefice. Indeed, it seems only right that in the
church of
God a person
should not have the fruit of his labour if through self-seeking he strives to
prevent the
progress of
the churches by selling the licence to teach.
19. It is recognized as a very serious matter, as regards the sin of those who
do it no
less than the
loss of those who suffer it, that in several parts of the world the governors
and
officials of cities, and
others too who are seen to have power, often impose on churches so many burdens
and
oppress
them with such heavy and frequent impositions, that under them the priesthood
seems to be
in a
worse condition than it was under Pharaoh, who had no knowledge of the divine
law. He
indeed,
though he reduced all others to slavery, left his priests and their possessions
in their
ancient
freedom, and provided them with support from public funds. But these others
impose
burdens of
nearly every kind upon the churches and afflict them with so many exactions
that
the
lamentation of
Jeremiah seems to apply to them, The prince of provinces has become a
tributary.
For
whenever
they think that entrenchments or expeditions or anything else should be made,
they wish
that almost
everything should be seized from the goods assigned to the use of churches,
clerics and
Christ's
poor. They even so reduce the jurisdiction and authority of bishops and other
prelates
that these
seem to retain no power over their own subjects. But though we must in this
matter grieve
for the
churches, we must grieve none the less for those who seem to have utterly cast
aside the
fear of God
and respect for the ecclesiastical order. Therefore we strictly forbid them
under pain of
anathema to
attempt such acts in future, unless the bishop and clergy see the need or
advantage to be
so great
that they believe that where the means of the laity are insufficient, aid
should
be given
voluntarily
by the churches to relieve common needs. But if in future officials or others
presume to
continue
such practices and after warning refuse to stop, let both them and their
supporters know
that they
are excommunicated, and let them not be restored to the communion of the
faithful unless
they
make due satisfaction.
20. Following the footsteps of our predecessors of happy memory, popes Innocent
and
Eugenius,
we forbid those abominable jousts and fairs, which are commonly called
tournaments, in
which
knights come together by agreement and rashly engage in showing off their
physical
prowess and
daring, and which often result in human deaths and danger to souls. If any of
them dies
on these
occasions, although forgiveness {16 } is not to be denied him when he requests
it, he is
to be
deprived of a church burial.
21. We decree that truces are to be inviolably observed by all from after
sunset
on
Wednesday until
sunrise on Monday, and from Advent until the octave of the Epiphany, and from
Septuagesima until
the octave of Easter. If anyone tries to break the truce, and he does not
comply
after
the third
warning, let his bishop pronounce sentence of excommunication and communicate
his
decision in
writing to the neighbouring bishops. Moreover, let no bishop receive into
communion the
excommunicated person, but rather let him confirm the sentence received in
writing. If
anyone
presumes to infringe this, he will do so at the risk of his position. Since a
threefold
cord is not
quickly broken, we enjoin bishops, having regard only for God and the salvation
of the
people, and
laying aside all timidity, to furnish each other with mutual counsel and help
towards
firmly
maintaining peace, and not to omit this duty by reason of any affection or
aversion. For
if anyone is
found to be lukewarm in the work of God, let him incur the loss of his dignity.
22. We renew our decree that priests, monks, clerics, lay brothers, merchants
and
peasants, in their
coming and going and their work on the land, and the animals which carry seeds
to the
field, should
enjoy proper security, and that nobody should impose on anyone new demands for
tolls,
without the
approval of kings and princes, or renew those already imposed or in any way
increase the
old. If
anyone presumes to act against this decree and does not stop after warning, let
him be
deprived of
christian society until he makes satisfaction.
23. Although the Apostles says that we should pay greater honour to our weaker
members,
certain
ecclesiastics, seeking what is their own and not the things of Jesus Christ, do
not allow
lepers, who
cannot dwell with the healthy or come to church with others, to have their own
churches
and
cemeteries or to be helped by the ministry of their own priests. Since it is
recognized
that this is far
from christian piety, we decree, in accordance with apostolic charity, that
wherever so
many are
gathered together under a common way of life that they are able to establish a
church for
themselves with a cemetery and rejoice in their own priest, they should be
allowed to
have them
without contradiction. Let them take care, however, not to harm in any way the
parochial
rights of
established churches. For we do not wish that what is granted them on the score
of piety
should
result in harm to others. We also declare that they should not be compelled to
pay tithes
for their
gardens or the pasture of animals.
24. Cruel avarice has so seized the hearts of some that though they glory in
the
name of
Christians
they provide the Saracens with arms and wood for helmets, and become their
equals or even
their
superiors in wickedness and supply them with arms and necessaries to attack
Christians.
There are
even some who for gain act as captains or pilots in galleys or Saracen pirate
vessels.
Therefore we
declare that such persons should be cut off from the communion of the church
and
be
excommunicated for their wickedness, that Catholic princes and civil
magistrates
should
confiscate
their possessions, and that if they are captured they should become the slaves
of their
captors. We
order that throughout the churches of maritime cities frequent and solemn
excommunication
should
be pronounced against them. Let those also be under excommunication who dare to
rob
Romans or
other Christians who sail for trade or other honourable purposes. Let those
also
who in
the vilest
avarice presume to rob shipwrecked Christians, whom by the rule of faith they
are bound
to help,
know that they are excommunicated unless they return the stolen property.
25. Nearly everywhere the crime of usury has become so firmly rooted that many,
omitting
other
business, practise usury as if it were permitted, and in no way observe how it
is
forbidden in both
the Old and New Testament. We therefore declare that notorious usurers should
not be
admitted to
communion of the altar or receive christian burial if they die in this sin.
Whoever
receives them or
gives them christian burial should be compelled to give back what he has
received, and
let him
remain suspended from the performance of his office until he has made
satisfaction
according to the
judgment of his own bishop.
26. Jews and Saracens are not to be allowed to have christian servants in their
houses,
either under
pretence of nourishing their children or for service or any other reason. Let
those be
excommunicated who presume to live with them. We declare that the evidence of
Christians
is to be
accepted against Jews in every case, since Jews employ their own witnesses
against
Christians, and
that those who prefer Jews to Christians in this matter are to lie under
anathema, since
Jews ought
to be subject to Christians and to be supported by them on grounds of humanity
alone. If
any by the
inspiration of God are converted to the christian faith, they are in no way to
be
excluded from their
possessions, since the condition of converts ought to be better than before
their
conversion. If this is
not done, we enjoin on the princes and rulers of these places, under penalty of
excommunication,
the duty to restore fully to these converts the share of their inheritance and
goods.
27. As St. Leo says, though the discipline of the church should be satisfied
with the
judgment of the
priest and should not cause the shedding of blood, yet it is helped by the laws
of
Catholic princes so
that people often seek a salutary remedy when they fear that a corporal
punishment will
overtake
them. For this reason, since in Gascony and the regions of Albi and Toulouse
and
in other
places the
loathsome heresy of those whom some call the Cathars, others the Patarenes,
others the
Publicani, and others by different names, has grown so strong that they no
longer
practise their
wickedness in secret, as others do, but proclaim their error publicly and draw
the simple
and weak
to join them, we declare that they and their defenders and those who receive
them are
under
anathema, and we forbid under pain of anathema that anyone should keep or
support them in
their
houses or lands or should trade with them. If anyone dies in this sin, then
neither under
cover of our
privileges granted to anyone, nor for any other reason, is mass to be offered
for them or
are they to
receive burial among Christians. With regard to the Brabanters, Aragonese,
Navarrese,
Basques,
Coterelli and Triaverdini {17 }, who practise such cruelty upon Christians that
they
respect
neither churches nor monasteries, and spare neither widows, orphans, old or
young nor any
age or
sex, but like pagans destroy and lay everything waste, we likewise decree that
those who
hire, keep
or support them, in the districts where they rage around, should be denounced
publicly on
Sundays
and other solemn days in the churches, that they should be subject in every way
to the
same
sentence and penalty as the above-mentioned heretics and that they should not
be
received
into the
communion of the church, unless they abjure their pernicious society and
heresy.
As long
as such
people persist in their wickedness, let all who are bound to them by any pact
know that
they are free
from all obligations of loyalty, homage or any obedience. On these {18 } and on
all the
faithful we
enjoin, for the remission of sins, that they oppose this scourge with all their
might and
by arms
protect the christian people against them. Their goods are to be confiscated
and
princes
free to
subject them to slavery. Those who in true sorrow for their sins die in such a
conflict
should not
doubt that they will receive forgiveness for their sins and the fruit of an
eternal
reward. We too
trusting in the mercy of God and the authority of the blessed apostles Peter
and
Paul,
grant to
faithful Christians who take up arms against them, and who on the advice of
bishops or
other
prelates seek to drive them out, a remission for two years of penance imposed
on
them,
or, if their
service shall be longer, we entrust it to the discretion of the bishops, to
whom
this
task has been
committed, to grant greater indulgence, according to their judgment, in
proportion to the
degree of
their toil. We command that those who refuse to obey the exhortation of the
bishops in
this matter
should not be allowed to receive the body and blood of the Lord. Meanwhile we
receive
under the
protection of the church, as we do those who visit the Lord's sepulchre, those
who fired
by their
faith have taken upon themselves the task of driving out these heretics, and we
decree
that they
should remain undisturbed from all disquiet both in their property and persons.
If any of
you
presumes to molest them, he shall incur the sentence of excommunication from
the
bishop
of the
place, and let the sentence be observed by all until what has been taken away
has been
restored and
suitable satisfaction has been made for the loss inflicted. Bishops and priests
who do
not resist such
wrongs are to be punished by loss of their office until they gain the pardon of
the
apostolic see.
FOOTNOTES
Herold's text = H
1 sounder in Cr, LC-Msi, H
2 antipope Victor IV (1159-1164)
3 antipope Paschal III (1164-1168)
4 antipope Callistus III (1168-1178)
5 Let them not... provided omitted in Cr Su.
6 suspension or excommunication variant reading in Rm, H
7 see 4 Kg, 20-27
8 by God added in H
9 by us added in H
10 and has not repented in a fitting manner added in H
11 whether under cover of patronage or in any other way added in H
12 without the consent of their bishop added in H
13 sounder in H
14 sounder variant reading in Rm
15 four variant reading in Rm, two in H
16 penance H
17 omitted in H
18 princes H