13th Council, First Council of Lyons (A.D. 1245)
SUMMARY:
SITE: Lyons, France
YEAR: 1245
POPE: Innocent IV, 1243 - 1254
EMPEROR: Frederick II, 1215 - 1250
Exommunicated and deposed Frederick II(Emperor) for heresy and crimes against the Church; planned the seventh crusade (led by Saint Louis, King of France)
First Council of Lyons (1245). Innocent IV presided the Patriarchs of Constantinople, Antioch, and Aquileia (Venice), 140 bishops, Baldwin II, Emperor of the East, and St. Louis, King of France, assisted. It excommunicated and deposed Emperor Frederick II and directed a new crusade, under the command of St. Louis, against the Saracens and Mongols.
ACTION: Called and ratified by Pope Innocent IV, this council excommunicated Emperor Frederick II, grandson of Frederick Barbarossa, for his contumacious attempt to make the Church merely a department of the state. Lyons I also directed a new crusade (the 6th) under the command of King St. Louis IX (1226 - 1270) of France against the Saracens and the Mongols.
HERETIC: EMPEROR FREDERICK II.
CONTENTS
Abbreviations
INTRODUCTION
Bull Deposing The Emperor Frederick II
CONSTITUTIONS
I
1. On rescripts
2. Those to whom cases should be entrusted
3. Curtailing legal expenses
4. On challenging elections etc.
5. Only unconditional votes valid
6. Jurisdiction of conservators
7. Legates and benefices
8. Judge delegates
9. On peremptory exceptions
10. The objection of robbery
11. No-show plaintiffs
12. On early possession for the sake of preservation
13. On the acceptability of negative assertions
14. The exception of major excommunication
15. On Judges Who Give Dishonest Judgment
16. On appeals
17. On the same
18. On employing assassins
19. On excommunication 1
20. On excommunication 2
21. On excommunication 3
22. On excommunication 4
II
1. Management of church debts
2. On help for the empire of Constantinople
3. Admonition to be made by prelates to the people in their charge
4. On the Tartars
5. On the crusade
INTRODUCTION
The dispute, distinctive of the Middle Ages, between the papacy and the empire
became
very
serious under Pope Innocent IV and Emperor Frederick II. Already in 1240 Pope
Gregory IX
had
tried to define the questions between the two powers by calling a general
council, but
Frederick II
by arms had prevented the council from meeting. When Innocent IV succeeded as
pope in
1243 he
gave his earnest attention to renewing this policy. He was able to make his way
in 1244
to Lyons,
which was outside the direct authority of the emperor, and there proclaimed a
council.
Some letters
of summons exist, dated 3 January 1245 and the days following, in which the
purpose of
the
council is stated thus: "That the church, through the salutary counsel of the
faithful
and their
fruitful help, may have the dignity of its proper position; that assistance may
speedily
be brought to
the unhappy crisis in the holy Land and the sufferings of the eastern empire;
that a
remedy may be
found against the Tartars and other enemies of the faith and persecutors of the
christian
people;
further, for the issue between the church and the emperor; for these reasons we
think
that the kings
of the earth, the prelates of the church and other princes of the world should
be
summoned". The
chief purposes for which the council was called -- and from the beginning it
was
called
"general" --
seem to have been political ones.
When the council opened on 26 June 1245, in a meeting which was probably only
preparatory,
there were present three patriarchs and about 150 bishops besides other
religious and
secular
persons, among whom was the Latin emperor of Constantinople. Emperor Frederick
II sent a
legation headed by Thaddaeus of Suessa. Many bishops and prelates were unable
to
attend
the
council because they had been prevented by the invasions of the Tartars in the
east or
the attacks of
the Saracens in the holy Land, or because Frederick II had intimidated them
(especially
the Sicilians
and Germans). Thus it was that the four chief parties of the council were the
French and
probably
the Spanish, English and Italian. In the three sessions which were held during
the
council (26 June,
5 and 17 July) the fathers, not without hesitation and dispute, had to treat
especially
of Frederick II.
There seems to have been a bitter conflict between Innocent IV on the one side
and
Thaddaeus of
Suessa on the other. The sources, especially the Brevis nota and Matthew Paris,
tell us
clearly about
the nature of the discussion and the determined attitude of the pope, who
induced the
council to
depose the emperor at the session on 17 July 1245, a matter that appeared
unprecedented
to the
fathers themselves. The council on this question shows us clearly the critical
position
reached by the
medieval theory and practice of ruling a christian state, which rested on a
double order
of authority.
In the same session of 17 July the council also approved some strictly legal
constitutions and others
on usury, the Tartars and the Latin east. But the council, unlike the previous
councils
of the Middle
Ages, did not approve canons concerning the reform of the church and the
condemnation of
heresy.
Enthusiasm for the Gregorian reform movement seems to have died down
completely.
The
council,
however, concerned itself with promoting and confirming the general canonical
legislation
for
religious life.
The transmission of the text of the constitutions is involved and still partly
obscure.
Only in recent
times has it been realised that the authentic and definitive drawing up of the
constitutions, and their
promulgation, took place after the council. This collection consists of 22
constitutions,
all of which
are of a legal nature, and was sent to the universities by Innocent IV on 25
August 1245
(Coll. I). A
second collection of 12 decrees was published by Innocent IV on 21 April 1246
(Coll. II).
A final
collection (Coll. I + II and 8 other decrees) was issued on 9 September 1253
(Coll. III),
and was
included (except for const. 2) in Liber Sextus in 1298. Coll. I, however, is
not
identical with the
constitutions of the council. For in it can be found neither the condemnation
of
Frederick II, which
seems to have been the chief matter of the council, nor the five constitutions
pertaining
to the
important questions introduced by Innocent IV at the opening of the council,
namely those
concerned with the Tartars, the Latin east and the crusades.
Stephen Kuttner has shown that the constitutions have been transmitted to us
through
three
versions: the conciliar version (= M), known principally from the chronicle of
Matthew of
Paris
(const. 1-19, and the const. on the crusade corresponding to R 17); the
intermediate
version ( = R),
known from the register of Innocent IV (const. 1-17, of which const. 1-12
correspond to M
1-10);
and the definitive version ( = Coll. I), containing two constitutions (18 and
22) which
are absent
from the other versions, but lacking the constitutions not directly concerned
with the
law (R 13-17).
Indeed, the origins of the constitutions must be placed before the council, as
is shown
by an earlier
version of constitutions M 13, 15 and 19, antedating the council. Evidently the
council
fathers were
discussing matters which had already been partly worked out, and it was
somewhat
later
that the
constitutions acquired their more accurate and definite legal form.
The constitutions taken from Matthew Paris were edited in Bn[1] III/2 (1606)
1482-1489.
Those
from the register of Innocent IV were edited in Rm IV (1612) 73-78. All later
editions
followed
Rm. However, I. H. Boehmer and Msi[1] 2 (1748) 1073-1098 (afterwards in Msi 23
(1779)
651-
674) printed Coll. III. in addition. Coll. I, as such, has never been edited;
but there
exists both an
indirect transmission (Coll. I + II, Coll. III, Liber Sextus) and a direct,
single-family
transmission
through eight manuscript codices: Arras, Bibl. Municipale 541; Bratislava,
formerly
Cathedral
Library, 13; Innsbruck, Universitaetsbibl., 70, fos. 335v-338v (= I); Kassel,
Landesbibl., Iur. fol. 32;
Munich, Bayerische Staatsbibl., Lat. 8201e, fos. 219v-220r, and Lat. 9654;
Trier,
Stadtbibl., 864;
Vienna, Nationalbibl., 2073, fos. 238v-242v (= W).
Our edition of the constitutions tries to give all the documents truly
belonging
to the
council. Coll. I
has been taken as the base, and variants from M and R are set out in the
critical
apparatus. The text
of Coll. I has been established from codices I and W, which we have seen in
microfilm.
With regard
to M, the edition of H.R. Luard has been used. With regard to R, we have
examined
directly the
register of Innocent IV. We think, moreover, that the last five constitutions
in
R (13-
17, 17 is also in
M and Annales de Burton) should also be included among the constitutions of the
council,
even
though they were not included in Coil. I. We have printed the text of these
five
constitutions from
the register of Innocent IV;as regards const. 17 we have also compared M and
Annales de
Burton (
= Bu).
We think that the bull of deposition of the emperor Frederick II must be
considered a
statute of the
council, and we place this in front of the constitutions. The transmission of
the text of
the bull is
involved, and the editions are very faulty. There are three copies of the bull:
Vatican
Archives, AA.
Arm. I-XVIII, 171 (= V); Paris, Archives Nationales, L 245 no. 84 (= P); Lyons,
Archives
du
Rhone, Fonds du chap. primat., Arm. Cham. vol. XXVII no. 2 (= L). Of these only
V has
been
published. Other transcriptions of the bull are given in the register of
Innocent IV, in
some
chronicles (Matthew of Paris, Annals of Plasencia, Annals of Melrose), in
collections of
decretals,
and in some more recent publications (Bzovius). Our edition takes as its base
V,
P and L.
{The headings are added by the hypertext editor. Endnotes are given in
parenthesis {}.
They should
be noted for variant readings and numberings.}
Bull Deposing The Emperor Frederick II
Innocent {1}, bishop, servant of the servants of God, in the presence of the
holy
council, for an
everlasting record.
Raised, though unworthy, to the highest point of the apostolic dignity, by the
will of
the divine
majesty, we ought to exercise a watchful, diligent and wise care of all
Christians, to
examine with
close attention the merits of individuals and to weigh them in the balance of
prudent
deliberation, so
that we may raise by suitable favours those whom a rigorous and just
examination
shows to
be
worthy, and depress the guilty with due penalties, weighing always the merit
and
the
reward in a
fair scale, repaying to each the amount of penalty or favour according to the
nature of
his work.
Indeed since the terrible conflict of war has afflicted some countries of the
christian
world for a
long time, as we desired with our whole heart the peace and tranquillity of the
holy
church of God
and of all the christian people in general, we thought that we should send
special
ambassadors, men
of great authority, to {2} the secular prince who was the special cause of this
discord
and suffering.
He was the man whom our predecessor of happy memory, Pope Gregory {3}, had
bound
by
anathema because of his excesses. The ambassadors we sent, men eager for his
salvation,
were our
venerable brethren Peter of Albano {4}, at that time bishop of Rouen, William
of
Sabina
{5}, at that
time bishop of Modena, and our beloved son William {6}, cardinal-priest of the
basilica
of the
Twelve Apostles and at that time abbot of Saint Facundus. Through them we
proposed to
him,
because we and our brethren desired to have peace with him and with all people,
as far as
lay in our
power, that we were ready to grant peace and tranquillity to him and also to
the
rest of
the whole
world.
Because the restitution of the prelates, clerics and all others whom he kept in
captivity, and of all
both clerics and laymen whom he had taken in the galleys7, could especially
lead
the way
to peace,
we asked and begged him through our said ambassadors to set these prisoners
free. This
both he and
his envoys had promised before we had been called to the apostolic office.
Further we
informed him
that our ambassadors were ready on our behalf to hear and treat of peace, and
even of
satisfaction,
should the emperor be ready to make it with regard to all those things for
which
he had
incurred
excommunication; and besides to offer him that if the church had injured him in
anything
contrary
to justice-though it did not believe it had done so -- it was ready to put it
to
rights
and restore the
proper position. If he said that he had harmed the church in nothing unjustly,
or that we
had harmed
him contrary to justice, we were ready to call the kings, prelates and princes,
both
ecclesiastical and
lay, to some safe place where either by themselves or by official
representatives they
might come
together, and that the church was ready on the advice of the council to satisfy
him if in
anything it
had harmed him, and to recall the sentence of excommunication if it had been
brought
unjustly
against him, and with all clemency and mercy, in so far as it could be done
without
offence to God
and its own honour, to receive satisfaction from him for the injuries and
wrongs
done to
the church
itself and its members through him.
The church also wished to secure peace for his friends and supporters and the
enjoyment
of full
security, so that for this reason they should never incur any danger. But
though
in our
relations with
him, for the sake of peace, we have always taken care to rely on paternal
admonitions and
gentle
entreaty, yet he, following the hardness of Pharaoh and blocking his ears like
an asp,
with proud
obstinacy and obstinate pride has despised such prayers and admonitions.
Furthermore on
the
Maundy Thursday previous to that which has just passed, in our presence and
that
of our
brother
cardinals, and in the presence of our dear son in Christ, the illustrious
emperor of
Constantinople
{8}, and of a considerable gathering of prelates, before the senate and people
of Rome
and a very
large number of others, who on that day because of its solemnity had come to
the
apostolic see from
different parts of the world, he guaranteed on oath, through the noble count
Raymond of
Toulouse,
and Masters Peter de Vinea and Thaddaeus of Suessa, judges of his court, his
envoys and
proctors
who had in this matter a general commission, that he would keep our commands
and
those of
the
church. However afterwards he did not fulfil what he had sworn. Indeed it is
likely
enough that he
took the oath, as can be clearly gathered from his following actions, with the
express
intention of
mocking rather than obeying us and the church, since after more than a year he
could not
be
reconciled to the bosom of the church, nor did he trouble to make satisfaction
for the
losses and
injuries he had caused it, even though he was asked to do this. For this
reason,
as we
are unable
without giving offence to Christ to bear any longer his wickedness, we are
compelled,
urged on by
our conscience, justly to punish him.
To say nothing about his other crimes, he has committed four of the greatest
gravity,
which cannot
be hidden by evasion. For, he has often failed to keep his oath; he
deliberately
broke
the peace
previously established between the church and the empire; he committed a
sacrilege by
causing the
arrest of cardinals of the holy Roman church and of prelates and clerics of
other
churches, both
religious and secular, who were coming to the council which our predecessor had
decided
to
summon; he is also suspect of heresy, by proofs which are not light or doubtful
but clear
and
inescapable.
It is clear that he has often been guilty of perjury. For, once when he was
staying in
Sicily, before
he had been elected to the dignity of emperor, in the presence of Gregory of
happy
memory,
cardinal deacon of Saint Theodore {9} and legate of the apostolic see, he took
an oath of
loyalty to
our predecessor Pope Innocent10 of happy memory and his successors and the
Roman
church,
in
return for the grant of the kingdom of Sicily made to him by this same church.
Likewise,
as is said,
after he had been elected to that same dignity and had come to Rome, in the
presence of
Innocent
and his brother cardinals and before many others, he renewed that oath, making
his pledge
of
hommage in the pope's hands. Then, when he was in Germany he swore to the same
Innocent,
and
on his death to our predecessor Pope Honorius {11} of happy memory and his
successors and
the
Roman church itself, in the presence of the princes and nobles of the empire,
to
preserve
as far as
was in his power, the honours, rights and possessions of the Roman church, and
loyally to
protect
them, and without difficulty to see to the restoration of whatever came into
his
hands,
expressly
naming the said possessions in the oath: afterwards he confirmed this when he
had gained
the
imperial crown. But he has deliberately broken these three oaths, not without
the brand
of treachery
and the charge of treason. For against our predecessor Gregory and his brother
cardinals,
he has
dared to send threatening letters to these cardinals, and in many ways to
slander Gregory
before his
brother cardinals, as is clear from the letters which he then sent to them, and
almost
throughout the
whole world, as it is said, he has presumed to defame him.
He also personally caused the arrest of our venerable brother Otto {12}, bishop
of Porto,
at that
time cardinal deacon of Saint Nicholas in Carcere Tulliano, and James of happy
memory,
bishop of
Palestrina {13}, legates of the apostolic see, noble and important members of
the Roman
church. He
had them stripped of all their goods, and after more than once being led
shamefully
through
different places, committed to prison. Furthermore this privilege which our
lord
Jesus
Christ
handed to Peter and in him to his successors, namely, whatever you bind on
earth
shall be
bound
in heaven, and whatever you loose on earth shall be loosed in heaven, in which
assuredly
consists
the authority and power of the Roman church, he did his best to diminish or
take
away
from the
church itself, writing that he did not fear Pope Gregory's condemnations. For,
not only
by despising
the keys of the church he did not observe the sentence of excommunication
pronounced
against
him, but also by himself and his officials he prevented others from observing
that and
other
sentences of excommunication and interdict, which he altogether set at nought.
Also
without fear he
seized territories of the said Roman church, namely the Marches, the Duchy,
Benevento,
the walls
and towers of which he has caused to be demolished, and others with few
exceptions in
parts of
Tuscany and Lombardy and certain other places which he holds, and he still
keeps
hold of
them.
And as if it were not enough that he was clearly going against the aforesaid
oaths by
such
presumption, either by himself or through his officials he has forced the
inhabitants of
these
territories to break their oath, absolving them in fact, since he cannot do it
in law,
from the oaths of
loyalty by which they were bound to the Roman church, and making them
nonetheless
forswear the
said loyalty and take an oath of loyalty to himself.
It is absolutely clear that he is the violator of the peace. For, previously at
a time
when peace had
been restored between himself and the church, he took an oath before the
venerable John
of
Abbeville {14}, bishop of Sabina, and Master Thomas {15}, cardinal priest of
the
title of
Saint
Sabina, in the presence of many prelates, princes and barons, that he would
observe and
obey
exactly and without reserve all the commands of the church with regard to those
things
for which he
had incurred excommunication, after the reasons of that excommunication had
been
set out
in order
before him. Then, when remitting every sanction and penalty to the Teutonic
knights, the
inhabitants of the kingdom of Sicily and any others who had supported the
church
against
him, he
guaranteed on his soul through Thomas, count of Acerra, that he would never
wrong them or
cause
them to be wronged on the ground that they had supported the church. But he did
not keep
the peace
and violated these oaths without any sense of shame that he was guilty of
perjury. For
afterwards he
caused some of these very men, both nobles and others, to be captured; and
after
stripping them of
all their goods, he had their wives and children imprisoned; and contrary to
the
promise
he had
made to bishop John of Sabina and cardinal Thomas, he invaded the lands of the
church
without
hesitation, even though they promulgated in his presence that henceforth he
would incur
sentence of
excommunication if he broke his promise. And when these two ecclesiastics, by
their
apostolic
authority, ordered that neither by himself nor through others should he hinder
postulations, elections
or confirmations of churches and monasteries in the kingdom of Sicily from
being
held
freely in
future according to the statutes of the general council; that henceforth nobody
in the
same kingdom
should impose taxes or collections on ecclesiastical persons or their property;
that in
the same
kingdom no cleric or ecclesiastical person should in future be brought before a
lay judge
in a civil
or criminal case, except for a suit in civil law over feudal rights; and that
he
should
make adequate
compensation to the Templars, Hospitallers and other ecclesiastical persons for
the loss
and injury
inflicted upon them; he nevertheless refused to obey these commands.
It is clear that in the kingdom of Sicily eleven or more archiepiscopal and
many
episcopal sees,
abbacies and other churches are at present vacant, and through his agency, as
is
patent,
these have
long been deprived of prelates, to their own grave loss and the ruin of souls.
And though
perhaps in
some churches of the kingdom elections have been held by chapters, since
however
they
have
elected clerics who are Frederick's dependants, it can be concluded in all
probability
that they did
not have a free power of choice. Not only has he caused the possessions and
goods of
churches in
the kingdom to be seized at his pleasure, but also the crosses, thuribles,
chalices and
other sacred
treasures of theirs, and silk cloth, to be carried off, like one who sets at
nought
divine worship, and
although it is said that they have been restored in part to the churches, yet a
price was
first exacted
for them. Indeed clerics are made to suffer in many ways by collections and
taxes, and
not only are
they dragged before a lay court but also, as it is asserted, they are compelled
to submit
to duels and
are imprisoned, killed and tortured to the disturbance and insult of the
clerical order.
Satisfaction
has not been made to the said Templars, Hospitallers and ecclesiastical persons
for the
loss and
injury done to them.
It is also certain that he is guilty of sacrilege. For when the aforesaid
bishops of
Porto and
Palestrina, and many prelates of churches and clerics, both religious and
secular,
summoned to the
apostolic see to hold the council which Frederick himself had previously asked
for, were
coming by
sea, since the roads had been entirely blocked at his command, he stationed his
son Enzo
with a
large number of galleys and, by means of many others duly placed long
beforehand, he laid
an
ambush against them in the parts of Tuscany on the coast; and so that he might
vomit
forth in more
deadly fashion the poison which had long gathered within him, by an act of
sacrilegious
daring he
caused them to be captured; during their seizure some of the prelates and
others
were
drowned, a
number were killed, some were put to flight and pursued, and the rest were
stripped of
all their
possessions, ignominiously led from place to place to the kingdom of Sicily,
and
there
harshly
imprisoned. Some of them, overcome by the filth and beset by hunger, perished
miserably.
Furthermore, he has deservedly become suspect of heresy. For, after he had
incurred the
sentence of
excommunication pronounced against him by the aforesaid John, bishop of Sabina,
and
cardinal
Thomas, after the said pope Gregory had laid him under anathema, and after the
capture of
cardinals
of the Roman church, prelates, clerics and others coming at different times to
the
apostolic see; he
has despised and continues to despise the keys of the church, causing the
sacred
rites to
be
celebrated or rather, as far as in him lies, to be profaned, and he has
consistently
asserted, as said
above, that he does not fear the condemnations of the aforesaid pope Gregory.
Besides, he
is joined
in odious friendship with the Saracens; several times he has sent envoys and
gifts to
them, and
receives the like from them in return with expressions of honour and welcome;
he
embraces
their
rites; he openly keeps them with him in his daily services; and, following
their
customs,
he does not
blush to appoint as guards, for his wives descended from royal stock, eunuchs
whom it is
seriously
said he has had castrated. And what is more loathsome, when he was in the
territory
overseas, after
he had made an agreement, or rather had come to a wicked understanding with the
sultan,
he
allowed the name of Mahomet to be publicly proclaimed day and night in the
Lord's temple.
Recently, after the sultan of Babylon and his followers had brought serious
loss
and
untold injury to
the holy Land and its christian inhabitants, he caused the envoys of the sultan
to be
honourably
received and lavishly entertained throughout the kingdom of Sicily with, it is
said,
every mark of
honour being paid to the sultan. Using the deadly and hateful service of other
unbelievers against
the faithful, and securing a bond by friendship and marriage with those who,
wickedly
making light
of the apostolic see, have separated from the unity of the church, he brought
about by
assassins the
death of the famous duke Ludwig of Bavaria {16}, who was specially devoted to
the Roman
church, with disregard of the christian religion, and he gave his daughter in
marriage to
Vatatzes
{17}, that enemy of God and the church who, together with his counsellors and
supporters,
was
solemnly separated by excommunication from the communion of the faithful.
Rejecting the customs and actions of christian princes and heedless of
salvation
and
reputation, he
gives no attention to works of piety. Indeed to say nothing of his wicked acts
of
destruction, though
he has learnt to oppress, he does not care mercifully to relieve the oppressed,
and
instead of holding
out his hand in charity, as befits a prince, he sets about the destruction of
churches
and crushes
religious and other ecclesiastical persons by constant affliction. Nor is he
seen to have
built
churches, monasteries, hospitals or other pious places. Surely these are not
light but
convincing
proofs for suspecting him of heresy? The civil law declares that those are to
be
regarded
as heretics,
and ought to be subject to the sentences issued against them, who even on
slight
evidence
are found
to have strayed from the judgment and path of the Catholic religion. Besides
this the
kingdom of
Sicily, which is the special patrimony of blessed Peter and which Frederick
held
as a
fief from the
apostolic see, he has reduced to such a state of utter desolation and
servitude,
with
regard to both
clergy and laity, that these have practically nothing at all; and as nearly all
upright
people have been
driven out, he has forced those who remain to live in an almost servile
condition and to
wrong in
many ways and attack the Roman church, of which in the first place they are
subjects and
vassals.
He could also be rightly blamed because for more than nine years he has failed
to pay the
annual
pension of a thousand gold pieces, which he is bound to pay to the Roman church
for this
kingdom.
We therefore, after careful discussion with our brother cardinals and the
sacred
council
on his
wicked transgressions already mentioned and many more besides, since though
unworthy we
hold
on earth the place of Jesus Christ, and to us in the person of the blessed
apostle Peter
has been
said, whatever you bind on earth etc., denounce the said prince, who has made
himself so
unworthy
of the empire and kingdoms and every honour and dignity and who also, because
of
his
crimes, has
been cast out by God from kingdom and empire; we mark him out as bound by his
sins, an
outcast
and deprived by our Lord of every honour and dignity; and we deprive him of
them
by our
sentence. We absolve from their oath for ever all those who are bound to him by
an oath
of loyalty,
firmly forbidding by our apostolic authority anyone in the future to obey or
heed him as
emperor or
king, and decreeing that anyone who henceforth offers advice, help or favour to
him as to
an
emperor or king, automatically incurs excommunication. Let those whose task it
is to
choose an
emperor in the same empire, freely choose a successor to him. With regard to
the
aforesaid kingdom
of Sicily, we shall take care to provide, with the counsel of our brother
cardinals, as
we see to be
expedient.
Given at Lyons on 17 July in the third year of our pontificate.
CONSTITUTIONS
I
1.On rescripts
Since in many articles of law failure to define their scope is blameworthy,
after prudent
consideration we decree that by the general clause "certain others" which
frequently
occurs in papal
letters, no more than three or four persons are to be brought to court. The
petitioner
should state the
names in his first citation, lest by chance a place is left for fraud if the
names can be
freely altered
{18}.
2. {19} Those to whom cases should be entrusted
By {20} the present decree we ordain that the apostolic see or its legates
should not
entrust cases to
any persons except those who possess a dignity or belong to cathedrals or other
collegiate churches
of high standing; and such cases are to be conducted only in cities or large
and
well-
known places
where are to be found many men learned in the law. Judges who, contrary to this
statute,
cite either
one or both parties to other places may be disobeyed without penalty, unless
the
citation
takes place
with the consent of both parties.
3. {21} Curtailing legal expenses
As we wish, to the best of our power, to curtail the expenses of lawsuits by
shortening
the legal
process, extending the decree of Innocent III of happy memory on this matter,
we
decree
that if
anyone wishes to bring several personal claims against another, he must be
careful to
gain letters on
all these claims to the same judges and not to different ones. If anyone acts
contrary to
this, his
letters and the processes initiated by them are to lack all validity; besides
if
he has
caused
inconvenience to the defendant by them, he is to be condemned to pay the legal
expenses.
Also if
the defendant during the course of the same trial declares that he has a charge
against
the plaintiff,
he ought, through benefit either of reconvention or of convention, if he
prefers
to
obtain letters
against him, to have his case tried before the same judges, unless he can
reject
them as
being
suspect. If he acts contrary to this, he should suffer the same penalty.
4. {22} On challenging elections etc.
We decree that if anyone attacks an election, postulation or provision already
made,
bringing some
objection to the form or the person, and should happen to appeal to us in this
matter,
both the
objector and the defendant, and in general all those who are concerned and whom
the case
affects,
either by themselves or by their procurators instructed for the case, should
make their
way to the
apostolic see within a month of the lodging of the objection. But if one party
{23} does
not come
after twenty days, and the other party has arrived and is waiting, the case
about the
election may
proceed according to law, notwithstanding the absence of anyone. We wish and
command that
this
is to be observed in dignities parsonages and canonries. We {24} also add that
anyone who
does not
fully prove the objection he has brought regarding the form, shall be condemned
to pay
the
expenses which the other party claims to have incurred on this account. But
anyone who
fails to
prove his objection against the person, should know that he is suspended from
ecclesiastical
benefices for three years, and if within that time he continues to act with
similar
reckless conduct,
that by the law itself he is deprived of these benefices for ever, and he is to
have no
hope or
confidence of mercy in this matter, unless it is established by the clearest
proof that a
probable and
sufficient cause excuses him from a malicious accusation.
5. {25} Only unconditional votes valid
In {26} elections, postulations and ballots, from which the right of election
arises, we
completely
disapprove of conditional, alternative and indefinite votes, and we decree that
the said
votes are to
be held invalid, and that the election is to be determined by unconditional
votes; for
the power of
decision of those who do not express a clear opinion is transferred to the
others {27}.
6. {28} Jurisdiction of conservators
We decree that conservators, whom we frequently appoint, may defend from
manifest injury
and
violence those whom we entrust to their protection, but that their power does
not extend
to other
matters which require a judicial investigation.
7. {29} Legates and benefices
We are required by our office to watch for remedies for our subjects, because
while we
relieve their
burdens and remove their stumbling blocks, so we rest in their ease and enjoy
their
peace. Therefore
we enact by the present decree that legates of the Roman church, however much
they hold
the full
power of legates whether they have been sent by us or claim the dignity of that
office on
behalf of
their own churches, have no power from the office of legate of conferring
benefices,
unless we have
judged that this is specially to be granted to a particular one. We do not,
however, wish
this
restriction to hold with our brother cardinals while acting as legates, because
just as
they rejoice in a
prerogative of honour, so we wish them to exercise a wider authority.
8. {30} Judge delegates
The law seems to be clear that a judge delegate, unless he has received a
special
concession for the
purpose from the apostolic see, cannot order either of the parties to appear in
person
before him,
unless it be a criminal case or, in order to obtain a statement of the truth or
an oath
regarding
calumny, the necessity of the law demands that the parties appear before him.
9. {31} On peremptory exceptions
The objection of a peremptory exception or of any major defence concerning the
trial of a
case,
raised before the contestation of the suit, shall not prevent or hold up the
contestation, unless the
objector makes an exception concerning a matter already judged or concluded or
brought to
a
solution, even though the objector says that the rescript would not have been
granted if
the grantor
had been aware of the things which are adverse to the plaintiff.
10. {32} The objection of robbery
We are well aware of the frequent and persistent complaint that the exception
of
robbery,
sometimes maliciously introduced in trials, hinders and confuses ecclesiastical
cases.
For while the
exception is admitted, sometimes appeals are introduced. Thus the hearing of
the
chief
case is
interrupted and often comes to nothing. Thus we who are ever ready to take
labours upon
ourselves
so that we may win peace for others, wishing to limit lawsuits and to remove
material for
malicious
accusations, decree that in civil suits a judge is not to hold up the
proceedings of the
major issue on
account of an objection of robbery brought by anyone except the plaintiff. But
if the
defendant
declares in civil suits that he has been robbed by the plaintiff, or in
criminal
cases by
anyone at all,
then he must prove his assertion within fifteen days after the day on which the
claim is
put forward;
otherwise he is to be condemned to pay the expenses which the plaintiff has
incurred on
this
account, after a judicial estimate has been made, or let him be punished
otherwise if the
judge
thinks right. By the word "robbed" we wish to be understood in this case a
criminal
accusation
whereby someone declares that he has been stripped by violence of all his
substance or a
greater
part of it. This we think is the only honest interpretation of the canons, for
we ought
not to meet our
opponents either naked or without arms. For the one stripped has the advantage
that he
cannot be
stripped again. Among the schoolmen the matter is debated, whether one who has
been
robbed by a
third party can bring an exception against his accuser, or whether a time
should
be
granted him by
the judge within which he should ask for restitution, lest perchance he should
wish to
continue in
this state in order to evade every accuser, and this we think is fully
according
to
justice. If he does
not seek restitution within the time granted, or does not bring his case to a
conclusion
even though
he could do so, then he can be accused regardless of the exception of robbery.
In
addition to this we
decree that robbery of private goods cannot in any way be brought up against
one
for
ecclesiastics
or vice versa.
11. {33} No-show plaintiffs
A plaintiff who does not take the trouble to come on the date for which he has
caused his
appeal to
be cited, should be condemned on his arrival to pay the expenses incurred by
the
defendant on
account of this, and he is not to be admitted to another citation unless he
gives a
sufficient surety
that he will appear on the date.
12. {34} On early possession for the sake of preservation
We decree that a person who, in order to obtain a dignity, parsonage or
ecclesiastical
benefice,
brings a suit against the possessor, may not be admitted to possession of it
for
the sake
of its
preservation, on the grounds of the other's contumacy; this is to prevent his
entering
upon it from
appearing irregular. But in this case the divine presence may make up for the
absence of
the
contumacious one, so that though the suit is not opposed, the matter may be
brought to
the proper
conclusion after a careful examination.
13. {35} On the acceptability of negative assertions
We decree that negative assertions, which can only be proved by the admission
of
the
opponent,
may be accepted by the judges if they see this to be expedient in the interests
of
equity.
14. {36} The exception of major excommunication
After due consideration our holy mother the church decrees that the exception
of
a major
excommunication should hold up the suit and delay the agents, in whatever part
of the
proceedings
it is produced. Thus ecclesiastical censure will be the more feared, the danger
of
communion
avoided, the vice of contumacy checked, and those excommunicated, while they
are
excluded
from
the acts of the community, may the more easily be brought, through a sense of
shame, to
the grace
of humility and reconciliation. But with the growth of human evil what was
provided as a
remedy
has turned to harm. For while in ecclesiastical cases this exception is
frequently
brought up through
malice, it happens that business is delayed and the parties worn out by toil
and
expense.
Therefore,
since this has crept in like a general plague, we think it right to apply a
general
remedy. Thus if
anyone brings up the objection of excommunication, he should set out the kind
of
excommunication
and the name of the person who imposed the penalty. He must know that he is
bringing the
matter
into public notice, and he must prove it with the clearest evidence within
eight
days,
not counting
the day on which he brings it forward. If he does not prove it, the judge
should
not fail
to proceed in
the case, condemning the accused to repay the sum which the plaintiff shows he
has
incurred, after
an estimate has been made. If however later, while the hearing continues and
the
proof is
progressing, an exception is made either with regard to the same
excommunication
or
another and is
proved, the plaintiff is to be excluded from the proceedings until he has
deserved to
gain the grace
of absolution, and all that has gone before shall nevertheless be regarded as
valid;
provided that this
exception is not put forward more than twice, unless a new excommunication has
arisen or
a clear
and ready proof has come to light concerning the old. If such an exception is
brought
forward after
the case has been decided though it will prevent the execution it will not
weaken the
verdict, with
the qualification that, if the plaintiff has been publicly excommunicated, and
the judge
knows this at
any time, then even if the accused shall not make an exception on this score,
the judge
should not
delay in removing the plaintiff from his office.
15. {37} On Judges Who Give Dishonest Judgment
Since before the judgment seat of the eternal king a person will not be held
guilty when
a judge
unjustly condemns him, according to the words of the prophet, the Lord will not
condemn
him
when he is judged, ecclesiastical judges must take care and be on the watch
that
in the
process of
justice dislike has no power, favour does not take an undue place, fear is
banished, and
reward or
hope of reward does not overturn justice. Let them bear the scales in their
hands and
weigh with an
equal balance, so that in all that is done in the court, especially in forming
and giving
the verdict,
they may have God only before their eyes following the example of him who when
entering
the
tabernacle referred the complaints of the people to the Lord to judge according
to his
command. If
any ecclesiastical judge, whether ordinary or delegated, careless of his
reputation and
seeking his
own honour, acts against his conscience and justice in any way to the injury of
one party
in his
judgment, whether from favour or from base motives, let him know that he is
suspended
from the
exercise of his office for a year and he is to be condemned to pay to the
injured party
the damages
incurred; further, let him know that if during the period of his suspension he
sacrilegiously takes
part in the sacred rites of the church, he is caught in the noose of
irregularity
according to the
canonical sanctions, from which he can be freed only by the apostolic see,
saving the
other
constitutions which assign and inflict punishment on judges who give dishonest
judgment.
For it is
right that he who dares to offend in so many ways should suffer a multiple
penalty.
16. {38} On appeals
It is our earnest wish to lessen lawsuits and to relieve subjects of their
troubles.
Therefore we decree
that if anyone thinks that he should appeal to us in a court of law or outside
it because
of an
interlocutory decree or a grievance, let him at once put in writing the reason
for his
appeal, seeking
a writ which we order to be granted him. In this writ the judge is to declare
the reason
for the
appeal, and why the appeal has not been granted or whether it was granted out
of
respect
for a
superior. After this let time be granted to the appellant, according to
distance
and the
nature of the
persons and the business, to follow up his appeal. If the appellee wishes it
and
the
principals
petition for it, let them approach the apostolic see, either by themselves or
through
agents who have
been instructed and given a commission to act, bringing with them the reasons
and
documents
relating to the case. Let them come so prepared that if it seems good to us,
when the
matter of the
appeal has been dealt with or committed to the parties for agreement, the
principal case
may
proceed, insofar as it can and should by law; without however any change in
what
tradition has
ordained about appeals from definitive sentences. If the appellant does not
observe the
above
provisions, he is not to be reckoned an appellant and he must return to the
examination
of the
former judge, and is to be condemned to pay the legitimate expenses. If the
appellee
disregards this
statute, he shall be proceeded against as contumacious, as regards both the
costs and the
case, in so
far as this is allowed by the law. Indeed it is right that the laws should
raise
their
hands against
someone who mocks the law, judge and litigant.
17. {39} On the same
When reasonable grounds for suspicion have been noted against a judge, and
arbitrators
have been
chosen by the parties according to the form of law to investigate it, it often
happens
that when the
two arbitrators fail to agree and do not summon a third one, with whom both or
one of
them can
proceed to settle the matter as they are obliged, the judge brings a sentence
of
excommunication
against them, which they through dislike or favour for long disregard. Thus the
case
itself,
interrupted more than it should be, does not proceed to a settlement of the
principal
business. As it
is our wish therefore to apply a necessary remedy for a disease of this nature,
we decree
that a
fitting time-limit should be fixed by the judge for the two arbitrators, so
that
within
it they may
either agree or by consent summon a third one, with whom both or one of them
may
put an
end to
the suspicion. Otherwise the judge thenceforth shall proceed in the principal
business.
18. {40} On employing assassins
The son of God, Jesus Christ, for the redemption of the human race descended
from the
height of
heaven to the lowest part of the world and underwent a temporal death. But when
after his
resurrection he was about to ascend to his Father, that he might not leave the
flock
redeemed by his
glorious blood without a shepherd, he entrusted its care to the blessed apostle
Peter, so
that by the
firmness of his own faith he might strengthen others in the christian religion
and kindle
their minds
with the ardour of devotion to the works of their salvation. Hence we who by
the
will of
our Lord,
though without merit of our own, have been made successors of this apostle and
hold on
earth,
though unworthy, the place of our Redeemer, should always be careful and
vigilant in the
guarding
of that flock and be forced to direct our thoughts continuously to the
salvation
of souls
by removing
what is harmful and doing what is profitable. Thus casting off the sleep of
negligence
and with the
eyes of our heart ever vigilant, we may be able to win souls to God with the
cooperation
of his
grace. Since therefore there are people who with a terrible inhumanity and
loathsome
cruelty thirst
for the death of others and cause them to be killed by assassins, and thus
bring
about
not only the
death of the body but also of the soul, unless the abundant divine grace
prevents it, we
wish to meet
such danger to souls, so that the victims may be defended beforehand by
spiritual arms
and all
power may be bestowed by God for justice and the exercise of right judgment,
and
to
strike those
wicked and reckless people with the sword of ecclesiastical punishment, so that
the fear
of
punishment may set a limit to their audacity. We do so especially since some
persons of
high
standing, fearing to be killed in such a way, are forced to beg for their own
safety from
the master
of these assassins, and thus so to speak to redeem their life in a way that is
an insult
to christian
dignity. Therefore, with the approval of the sacred council, we decree that if
any
prince, prelate or
any ecclesiastical or secular person shall cause the death of any Christian by
such
assassins, or even
command it -- even though death does not follow from this-or receives, defends
or hides
such
persons, he automatically incurs the sentence of excommunication and of
deposition from
dignity,
honour, order, office and benefice, and these are to be conferred on others by
those who
have the
right to do so. Let such a one with all his worldly goods be cast out for ever
by all
christian people
as an enemy of religion, and after it has been established by reasonable
evidence that so
loathsome a
crime has been committed, no other sentence of excommunication, deposition or
rejection
shall in
any way be needed.
19. {41} On excommunication 1
Since the aim of excommunication is healing and not death, correction and not
destruction, as long
as the one against whom it is pronounced does not treat it with contempt, let
an
ecclesiastical judge
proceed with caution, so that in pronouncing It he may be seen as one who acts
with a
correcting
and healing hand. Whoever pronounces an excommunication, therefore, should do
this in
writing
and should write down expressly the reason why the excommunication was
pronounced. He is
bound to hand over a copy of this written document to the one excommunicated
within a
month
after the date of sentence, if requested to do so. As to this request, we wish
a
public
document to be
drawn up or testimonial letters to be furnished, sealed with an official seal.
If any
judge rashly
violates this constitution, let him know that he is suspended for one month
from
entering
a church
or attending divine services. The superior to whom the one excommunicated has
recourse,
should
readily remove the excommunication and condemn the judge who pronounced it to
repay the
expenses and all losses, or punish him in other ways with a fitting penalty, so
that
judges may learn
by the lesson of punishment how serious it is to hurl the bolt of
excommunication without
due
consideration. We wish the same to be observed in sentences of suspension and
interdict.
Let
prelates of churches and all judges take care that they do not incur the
foresaid penalty
of
suspension. But if it happens that they take part m divine offices as before,
they will
not escape
irregularity according to the canonical sanctions, in a matter where
dispensation cannot
be granted
except by the sovereign pontiff.
20. {42} On excommunication 2
The question is sometimes asked whether, when a person who asks to be absolved
by a
superior by
way of precaution, asserting that the sentence of excommunication pronounced
against him
is void,
the act of absolution should be performed for him without objection; and
whether
one who
declares
before such absolution that he will prove in a court of law that he was
excommunicated
after a
legitimate appeal, or that an intolerable mistake was clearly expressed in the
sentence,
should be
avoided in all things except in what concerns the proof. To the first question
we decree
that the
following is to be observed: absolution is not to be refused to the petitioner,
even
though the
pronouncer of the sentence or the adversary opposes it, unless he says that the
petitioner was
excommunicated for a manifest offence, in which case a limit of eight days is
to
be
granted to the
one saying this. If he proves his objection, the sentence is not to be set
aside
unless
there is
sufficient guarantee of amendment or an adequate assurance that the petitioner
will
appear in court
if the offence with which he is charged is still doubtful. To the second
question, we
decree that he
who is allowed to submit a proof, as long as the matter of proof is in dispute,
is to be
avoided in all
matters in the court in which he is engaged as an agent, but outside the court
he may
take part in
offices, postulations, elections and other lawful acts.
21. {43} On excommunication 3
We decree {44} that no judge should presume to pronounce, before a canonical
warning, a
sentence
of major excommunication upon persons who associate, in speech or other ways by
which an
associate incurs a minor excommunication, with persons already excommunicated
by
the
judge;
saving those decrees which have legitimately been promulgated against those who
presume
to
associate with one condemned for grievous crime. But it the excommunicated
person becomes
hardened in speech or other ways by which an associate incurs a minor
excommunication,
the judge
can, after canonical warning, condemn such associates with a similar censure.
Otherwise
excommunication pronounced against these associates is not to have any binding
power, and
those
who pronounce it may fear the penalty of the law.
22. {45} On excommunication 4
Since there is danger that bishops and their superiors in the execution of
their
pontifical office,
which is often their duty, may incur in some case an automatic sentence of
interdict or
suspension,
we have thought it right, after careful consideration, to decree that bishops
and other
higher prelates
in no way incur, because of any decree, sentence or order, the aforesaid
sentence by
reason of the
law itself, unless there is express mention in them of bishops and superiors.
In
the
constitution Solet
a nonnullis, previously promulgated by us, it is laid down that when someone
offers in
court to
prove that a sentence of excommunication was passed against him after a
legitimate
appeal, he is
not to be avoided during the period of proof in matters which lie outside the
court, such
as elections,
postulations and offices. To this we add that this constitution should not be
extended to
the
sentences of bishops and archbishops, but what was previously observed in such
actions
should be
observed in the future for these too.
II
1. {46} Management of church debts
Our pastoral care incites and urges us to look to the interest of those
churches
which
have fallen into
debt, and to provide by a salutary constitution that this should not happen for
the
future. The abyss
of usury has almost destroyed many churches, and some prelates are found to be
very
careless and
remiss in the payment of debts, especially those contracted by their
predecessors, too
ready to
contract heavier debts and mortgage the property of the church, slothful in
guarding what
has been
acquired, and preferring to win praise for themselves by making some small
innovation
than to
guard their possessions, recover what has been thrown away, restore what is
lost
and
repair damage.
For this reason, so that they may not be able for the future to excuse
themselves for an
inefficient
administration and to throw the blame on their predecessors and others, we lay
down the
following
rules, with the approval of the present council. Bishops, abbots, deans and
others who
exercise a
lawful and common administration, within one month after they have assumed
office, having
first
informed their immediate superior, so that he may be present either in person
or
through
some
suitable and faithful ecclesiastical person, in the presence of the chapter or
convent
especially
summoned for this purpose, must see that an inventory is made of the goods that
belong to
the
administration they have taken up. In this the movable and immovable goods,
books,
charters, legal
instruments, privileges, ornaments or fittings of the church, and all things
which belong
to the
equipment of the estate, whether urban or rural, as well as debts and credits,
are to be
carefully
written down. Thus, what was the condition of the church or the administration
when they
took it
up, how they governed it during their incumbency, and what was its state when
they laid
it down by
death or withdrawal, may be clearly known to the superior, if necessary, and
those who
are
appointed for the service of the church. Archbishops who have no superior
except
the
Roman
pontiff, are to see to it that for this purpose they summon one of their
suffragans,
either in person or
through another, as is expressed above, and abbots and other lesser exempt
prelates, a
neighbouring
bishop, who is to claim no right for himself in the exempt church. The said
inventory is
to be
furnished with the seals of the new incumbent and his chapter, and of the
archbishop's
suffragan or
the neighbouring bishop called for the purpose. It is to be preserved in the
archives of
the church
with due safeguards. Moreover a transcript of this inventory is to be given to
both the
new
incumbent and the prelate summoned for the above purpose, and is to be
similarly
sealed.
Existing
goods are to be carefully guarded, their administration carried out in a worthy
manner,
and the debts
which have been found are to be speedily paid, if possible, from the movable
possessions
of the
church. If these movable goods are not sufficient for a speedy payment, all
revenues are
to be
directed to the payment of debts that are usurious or burdensome; only
necessary
expenses
are to
be deducted from these revenues, after a reasonable estimate has been made by
the prelate
and his
chapter. But if the debts are not burdensome or usurious, a third part of these
revenues
is to be set
aside for this obligation, or a greater part with the agreement of those whom
we
have
said must be
summoned to take the inventory.
Further we strictly forbid, with the authority of the same council, those
mentioned above
to
mortgage to others their persons or the churches entrusted to them, or to
contract debts
on behalf of
themselves or the churches which may be a source of trouble. If evident
necessity and the
reasonable advantage of their churches should persuade them, then prelates with
the
advice and
consent of their superiors, and archbishops and exempt abbots with the advice
and consent
of those
already mentioned and of their chapter, may contract debts which, if possible,
are not
usurious and
which are never in fairs or public markets. The names of the debtors and
creditors and
the reason
why the debt was contracted are to be included in the written contract, even if
it is
turned to the
advantage of the church, and for this purpose we wish that in no way
ecclesiastical
persons or
churches should be given as security. Indeed the privileges of churches, which
we command
should
be faithfully guarded in a safe place, are never to be given as securities, nor
are other
things, except
for necessary and useful debts contracted with the full legal forms mentioned
above.
That this salutary constitution should be kept unbroken, and the advantage
which
we hope
from it
may be clearly seen, we consider that we must lay down by an inviolable decree
that all
abbots and
priors as well as deans and those in charge of cathedrals or other churches, at
least
once a year in
their chapters, should render a strict account of their administration, and a
written and
sealed
account should be faithfully read out in the presence of the visiting superior.
Likewise
archbishops
and bishops are to take care each year to make known to their chapters with due
fidelity
the state of
administration of the goods belonging to their households, and bishops to their
metropolitans, and
metropolitans to the legates of the apostolic see, or to others to whom the
visitation of
their
churches has been assigned by the same see. Written accounts are always to be
kept in the
treasury
of the church for a record, so that in the accounts a careful comparison can be
made
between future
years and the present and past; and the superior may learn from this the care
or
negligence of the
administration. Let the superior requite any negligence, keeping God only
before
his eyes
and
putting aside love, hate and fear of humans, with such a degree and kind of
correction
that he may
not on this account receive from God or his superior or the apostolic see
condign
punishment. We
order that this constitution is to be observed not only by future prelates but
also by
those already
promoted.
2. {47} On help for the empire of Constantinople
Though we are engaged in difficult matters and distracted by manifold
anxieties,
yet
among those
things which demand our constant attention is the liberation of the empire of
Constantinople. This
we desire with our whole heart, this is ever the object of our thoughts. Yet
though the
apostolic see
has eagerly sought a remedy on its behalf by earnest endeavour and many forms
of
assistance,
though for long Catholics have striven by grievous toils, by burdensome
expense,
by care,
sweat,
tears and bloodshed, yet the hand that extended such aid could not wholly,
hindered by
sin, snatch
the empire from the yoke of the enemy. Thus not without cause we are troubled
with grief.
But
because the body of the church would be shamefully deformed by the lack of a
loved
member,
namely the aforesaid empire, and be sadly weakened and suffer loss; and because
it could
rightly be
assigned to our sloth and that of the church, if it were deprived of the
support
of the
faithful, and left
to be freely oppressed by its enemies; we firmly propose to come to the help of
the
empire with
swift and effective aid. Thus at the same time as the church eagerly rises to
its
assistance and
stretches out the hand of defence, the empire can be saved from the dominion of
its foes,
and be
brought back by the Lord's guidance to the unity of that same body, and may
feel
after
the crushing
hammer of its enemies the consoling hand of the church its mother, and after
the
blindness of error
regain its sight by the possession of the Catholic faith. It is the more
fitting
that
prelates of churches
and other ecclesiastics should be watchful and diligent for its liberation, and
bestow
their help and
assistance, the more they are bound to work for the increase of the faith and
of
ecclesiastical liberty,
which could chiefly come about from the liberation of the empire; and
especially
because
while the
empire is helped, assistance is consequently rendered to the holy Land.
Indeed, so that the help to the empire may be speedy and useful, we decree,
with
the
general
approval of the council, that half of all incomes of dignities parsonages and
ecclesiastical prebends,
and of other benefices of ecclesiastics who do not personally reside in them
for
at least
six months,
whether they hold one or more, shall be assigned in full for three years to the
help of
the said
empire, having been collected by those designated by the apostolic see. Those
are exempt
who are
employed in our service or in that of our brother cardinals and of their
prelates, those
who are on
pilgrimages or in schools, or engaged in the business of their own churches at
their
direction, and
those who have or will take up the badge of the cross for the aid of the holy
Land or who
will set
out in person to the help of the said empire; but if any of these, apart from
the
crusaders and those
setting out, receive from ecclesiastical revenues more than a hundred silver
marks, they
should pay
a third part of the remainder in each of the three years. This is to be
observed
notwithstanding any
customs or statutes of churches to the contrary, or any indulgences granted by
the
apostolic see to
these churches or persons, confirmed by oath or any other means. And if by
chance in this
matter
any shall knowingly be guilty of any deceit, they shall incur the sentence of
excommunication.
We ourselves, from the revenues of the church of Rome, after first deducting a
tenth from
them to
be assigned to the aid of the holy Land, will assign a tenth part in full for
the support
of the said
empire. Further, when help is given to the empire, assistance is given in a
very
particular way and
directed to the recovery of the holy Land, while we are striving for the
liberation of
the empire
itself. Thus trusting in the mercy of almighty God and the authority of his
blessed
apostles Peter
and Paul, from the power of binding and loosing which he conferred upon us
though
unworthy, we
grant pardon of their sins to all those who come to the help of the said
empire,
and we
desire they
may enjoy that privilege and immunity which is granted to those who come to the
help of
the holy
Land.
3. {48} Admonition to be made by prelates to the people in their charge
In the belief that it is for ever our native country, from times long past all
the
children of the church
have not only poured out countless sums of money but have also freely shed
their
blood to
recover
the holy Land, which the Son of God has consecrated with the shedding of his
own
blood.
This we
learn, sad at heart, from what has happened across the sea where the
unbelievers
fight
against the
faithful. Since it is the special prayer of the apostolic see that the desire
of
all for
the redemption of
the holy Land may, if God so wills, be speedily accomplished, we have made due
provision,
in
order to win God's favour, to arouse you to this task by our letter. Therefore
we
earnestly beg all of
you, commanding you in our lord Jesus Christ, that by your pious admonitions
you
should
persuade
the faithful committed to your care, in your sermons or when you Impose a
penance upon
them,
granting a special indulgence, as you see it to be expedient, that in their
wills, in
return for the
remission of their sins, they should leave something for the help of the holy
Land or the
eastern
empire. You are carefully to provide that what they give for this support by
way
of
money, through
reverence of our crucified Lord, is faithfully preserved in definite places
under your
seal, and that
what is bequeathed for this purpose in other forms is accurately recorded in
writing. May
your own
devotion carry out this work of piety, in which the only aim is God's cause and
the
salvation of the
faithful, so readily that with full assurance you may look at least for the
reward of
glory from the
hand of the divine judge.
4. {49} On the Tartars
Since we desire above all things that the christian religion should be spread
still
further and more
widely throughout the world, we are pierced with the deepest sorrow when any
people by
aim and
action go against our wishes, and strive with all their might to blot out
utterly this
religion from the
face of the world. Indeed the wicked race of the Tartars, seeking to subdue, or
rather
utterly destroy
the christian people, having gathered for a long time past the strength of all
their
tribes, have
entered Poland, Russia, Hungary and other christian countries. So savage has
been their
devastation
that their sword spared neither sex nor age, but raged with fearful brutality
upon all
alike. It caused
unparalleled havoc and destruction in these countries in its unbroken advance;
for their
sword, not
knowing how to rest in the sheath, made other kingdoms subject to it by a
ceaseless
persecution. As
time went on, it could attack stronger christian armies and exercise its
savagery more
fully upon
them. Thus when, God forbid, the world is bereaved of the faithful, faith may
turn aside
from the
world to lament its followers destroyed by the barbarity of this people.
Therefore, so
that the
horrible purpose of this people may not prevail but be thwarted, and by the
power of God
be
brought to the opposite result, all the faithful must carefully consider and
ensure by
their earnest
endeavour that the Tartar advance may be hindered and prevented from
penetrating
any
further by
the power of their mailed arm. Therefore, on the advice of the holy council, we
advise,
beg, urge
and earnestly command all of you, as far as you can, carefully to observe the
route and
approaches
by which this people can enter our land, and by ditches, walls or other
defences
and
fortifications,
as you think fitting, to keep them at bay, so that their approach to you may
not
easily
be open. Word
of their arrival should previously be brought to the apostolic see. Thus we may
direct
the assistance
of the faithful to you, and thus you may be safe against the attempts and raids
of this
people. For to
the necessary and useful expenses which you should make for that purpose, we
shall
contribute
handsomely, and we shall see that contributions are made in proportion by all
christian
countries,
for in this way we may meet common dangers. Nevertheless, in addition to this,
we shall
send
similar letters to all Christians through whose territories this people could
make its
approach.
5 [On the crusade{50}]{51}
Deeply sorrowful at the grievous dangers of the holy Land, but especially at
those which
have
recently happened to the faithful settled there, we seek with all our heart to
free it
from the hands of
the wicked. Thus with the approval of the sacred council, in order that the
crusaders may
prepare
themselves, we lay it down that at an opportune time, to be made known to all
the
faithful by
preachers and our special envoys, all who are ready to cross the sea should
gather at
suitable places
for this purpose, so that they may proceed from there with the blessing of God
and the
apostolic see
to the assistance of the holy Land. Priests and other clerics who will be in
the
christian army, both
those under authority and prelates, shall diligently devote themselves to
prayer
and
exhortation,
teaching the crusaders by word and example to have the fear and love of God
always before
their
eyes, so that they say or do nothing that might offend the majesty of the
eternal king.
If they ever
fall into sin, let them quickly rise up again through true penitence. Let them
he humble
in heart and
in body, keeping to moderation both in food and in dress, avoiding altogether
dissensions
and
rivalries, and putting aside entirely any bitterness or envy, so that thus
armed
with
spiritual and
material weapons they may the more fearlessly fight against the enemies of the
faith,
relying not on
their own power but rather trusting in the strength of God. Let nobles and the
powerful
in the army,
and all who abound in riches, be led by the holy words of prelates so that,
with
their
eyes fixed on
the crucified one for whom they have taken up the badge of the cross, they may
refrain
from useless
and unnecessary expenditure, especially in feasting and banquets, and let they
give a
share of their
wealth to the support of those persons through whom the work of God may
prosper;
and on
this
account, according to the dispensation of the prelates themselves, they may be
granted
remission of
their sins. We grant to the aforesaid clerics that they may receive the fruits
of their
benefices in full
for three years, as if they were resident in the churches, and if necessary
they
may
leave them in
pledge for the same time.
To prevent this holy proposal being impeded or delayed, we strictly order all
prelates of
churches,
each in his own locality, diligently to warn and induce those who have
abandoned
the
cross to
resume it, and them and others who have taken up the cross, and those who may
still do
so, to carry
out their vows to the Lord. And if necessary they shall compel them to do this
without
any
backsliding, by sentences of excommunication against their persons and of
interdict on
their lands,
excepting only those persons who find themselves faced with an impediment of
such a kind
that
their vow deservedly ought to be commuted or deferred in accordance with the
directives
of the
apostolic see. In order that nothing connected with this business of Jesus
Christ be
omitted, we will
and order patriarchs, archbishops, bishops, abbots and others who have the care
of souls
to preach
the cross zealously to those entrusted to them. Let them beseech kings, dukes,
princes,
margraves,
counts, barons and other magnates, as well as the communes of cities, vills and
towns --
in the name
of the Father, Son and holy Spirit, the one, only, true and eternal God -- that
those who
do not go in
person to the aid of the holy Land should contribute, according to their means
an
appropriate
number of fighting men together with their necessary expenses for three years,
for the
remission of
their sins, in accordance with what has already been explained in general
letters and
will be
explained below for still greater assurance. We wish to share in this remission
not only
those who
contribute ships of their own but also those who are zealous enough to build
them for
this purpose.
To those who refuse, if there happen to be any who are so ungrateful to our
lord
God, we
firmly
declare in the name of the apostle that they should know that they will have to
answer to
us for this
on the last day of final judgment before the fearful judge. Let them consider
beforehand,
however,
with what knowledge and with what security it was that they were able to
confess
before
the only-
begotten Son of God, Jesus Christ, to whom the Father gave all things into his
hands, if
in this
business, which is as it were peculiarly his, they refuse to serve him who was
crucified
for sinners,
by whose beneficence they are sustained and indeed by whose blood they have
been
redeemed.
We therefore decree, with the general approval of the council, that all
clerics,
both
those under
authority and prelates, shall give a twentieth of the revenues of their
churches
for a
full three years
to the aid of the holy Land, by means of the persons appointed by the apostolic
see for
this purpose;
the only exceptions being certain religious who are rightly to be exempted from
this
taxation and
likewise those persons who have taken or will take the cross and so will go in
person. We
and our
brothers, cardinals of the holy Roman church, shall pay a full tenth. Let all
know,
moreover, that
they are obliged to observe this faithfully under pain of excommunication, so
that those
who
knowingly deceive in this matter shall incur the sentence of excommunication.
Because it
is right
that those who persevere in the service of the heavenly ruler should in all
justice enjoy
special
privilege, the crusaders shall therefore be exempt from taxes or levies and
other
burdens. We take
their persons and goods under the protection of St Peter and ourself once they
have taken
up the
cross. We ordain that they are to be protected by archbishops, bishops and all
prelates
of the church
of God, and that protectors of their own are to be specially appointed for this
purpose,
so that their
goods are to remain intact and undisturbed until they are known for certain to
be dead or
to have
returned. If anyone dares to act contrary to this, let him be curbed by
ecclesiastical
censure.
If any of those setting out are bound by oath to pay interest, we ordain that
their
creditors shall be
compelled by the same punishment to release them from their oath and to desist
from
exacting the
interest; if any of the creditors does force them to pay the interest, we
command that he
be forced by
similar punishment to restore it. We order that Jews be compelled by the
secular
power to
remit
interest, and that until they do so all intercourse shall be denied them by all
Christ's
faithful under
pain of excommunication. Secular princes shall provide a suitable deferral for
those who
cannot
now pay their debts to Jews, so that after they have undertaken the journey,
and
until
there is certain
knowledge of their death or of their return, they shall not incur the
inconvenience of
paying interest.
The Jews shall be compelled to add to the capital, after they have deducted
their
necessary
expenses, the revenues which they are meanwhile receiving from property held by
them on
security.
For, such a benefit seems to entail not much loss, inasmuch as it postpones the
repayment
but does
not cancel the debt. Prelates of churches who are negligent in showing justice
to
crusaders and their
families should know that they will be severely punished. Furthermore, since
corsairs and
pirates
greatly impede help for the holy Land, by capturing and plundering those who
are
travelling to and
from it, we bind with the bond of excommunication them and their principal
helpers and
supporters.
We forbid anyone, under threat of anathema, knowingly to communicate with them
by
contracting
to buy or to sell; and we order rulers of cities and their territories to
restrain and
curb such persons
from this iniquity. Otherwise, since to be unwilling to disquiet evildoers is
none other
than to
encourage them, and since he who fails to oppose a manifest crime is not
without
a touch
of secret
complicity, it is our wish and command that prelates of churches exercise
ecclesiastical
severity
against their persons and lands. We excommunicate and anathematise, moreover,
those false
and
impious Christians who, in opposition to Christ and the christian people,
convey
{52}
arms and iron
and timber for galleys; and we decree that those who sell them galleys or
ships,
and
those who act
as pilots in pirate Saracen ships, or give them any help or advice by way of
machines or
anything
else, to the detriment of the holy Land, are to be punished with deprivation of
their
possessions and
are to become the slaves of those who capture them. We order this sentence to
be
renewed
publicly
on Sundays and feast-days in all maritime towns; and the bosom of the church is
not to be
opened to
such persons unless they send in aid of the holy Land all that they received
from this
damnable
commerce and the same amount of their own, so that they are punished in
proportion to
their sins. If
perchance they do not pay, they are to be punished in other ways in order that
through
their
punishment others may be deterred from venturing upon similar rash actions. In
addition,
we
prohibit and on pain of anathema forbid all Christians, for four years, to send
or take
their ships
across to the lands of the Saracens who dwell in the east, so that by this a
greater
supply of shipping
may be made ready for those wanting to cross over to help the holy Land, and so
that the
aforesaid
Saracens may be deprived of the not inconsiderable help which they have been
accustomed
to
receiving from this.
Although tournaments have been forbidden in a general way on pain of a fixed
penalty at
various
councils, we strictly forbid them to be held for three years, under pain of
excommunication, because
the business of the crusade is much hindered by them at this present time.
Because it is
of the
utmost necessity for the carrying out of this business that rulers and
christian
peoples
keep peace
with each other, we therefore ordain, on the advice of this holy and general
synod, that
peace be
generally kept in the whole christian world for four years, so that those in
conflict
shall be brought
by the prelates of churches to conclude a definitive peace or to observe
inviolably a
firm truce.
Those who refuse to comply shall be most strictly compelled to do so by an
excommunication
against their persons and an interdict on their lands, unless the malice of the
wrongdoers is so great
that they ought not to enjoy peace. If it happens that they make light of the
church's
censure, they
may deservedly fear that the secular power will be invoked by ecclesiastical
authority
against them,
as disturbers of the business of him who was crucified.
We therefore, trusting in the mercy of almighty God and in the authority of the
blessed
apostles
Peter and Paul, do grant, by the power of binding and loosing that God has
conferred upon
us,
albeit unworthy, unto all those who undertake this work in person and at their
own
expense, full
pardon for their sins about which they are heartily contrite and have spoken in
confession, and we
promise them an increase of eternal life at the recompensing of the just. To
those who do
not go
there in person but send suitable men at their own expense, according to their
means and
status, and
likewise to those who go in person but at others' expense, we grant full pardon
for their
sins. We
grant to share in this remission, according to the amount of their help and the
intensity
of their
devotion, all who shall contribute suitably from their goods to the aid of the
said Land
or who give
useful advice and help regarding the above. Finally, this holy and general
synod
imparts
the benefit
of its prayers and blessings to all who piously set out on this enterprise in
order that
it may
contribute worthily to their salvation.
ENDNOTES
1 Pope Innocent IV
2 F(rederick) added in P
3 Pope Gregory IX (1227-1241)
4 Peter of Colmeiu, cardinal 1244-1253
5 William of Savoy, cardinal 1244-1251
6 William of Talliante, cardinal 1244-1250
7 On 3 May 1241
8 Baldwin II, Latin emperor in the east (d. 1261)
9 Gregory of Crescentio, cardinal 1205-1226
10 Pope Innocent III (1198-1216)
11 Honorius III (1216-1227)
12 Otto of Montferrat, cardinal 1227-1251
13 James of Pecoraria, cardinal 1231-1244
14 John Halgrin, cardinal 1227-1238
15 Thomas de Episcopo, cardinal 1216-1243
16 Ludwig I, duke of Bavaria (1183-1231)
17 John III Vatatzes, Greek emperor in the east (1222-1254)
18 The petitioner ... altered omitted in M.
19 const. 4 in M, 2 in R
20 In the conduct of cases uncertainty is insidious, and the renown of persons
and
places is
very advantageous. Therefore by added in M.
21 const. 6 in M, 8 in R
22 const. 11 in M, omitted in R
23 the party which appealed W
24 const. 12 in M, omitted in R
25 const. 9 in M, 3 in R
26 Since legitimate acts are not tied to particular days and conditions by a
legal
sanction,
and among legitimate acts the election of bishops is important, since by it the
electors
and
the one elected are bound together by the ties of a spiritual marriage added in
M.
27 for ... others omitted in M.
28 const. 10/11 in M, 4 in R
29 const. 13 in M, omitted in R
30 const. 7 in M, 5 in R.
31 const. 3 in M, 6 in R
32 const. 14 in M, omitted in R
33 const. 5 in M, 7 in R.
34 const. 2 in M, 9 in R.
35 const. 8 in M, 10 in R.
36 const. 15 in M, omitted in R
37 const. 16 in M, omitted in R
38 const. 17 in M, omitted in R
39 const. 11 in R, omitted in M
40 const. 22 in W, omitted in M R
41 const. 18 in M W, omitted in R
42 const 19 in M W, omitted in R
43 const. 1 in M, 12 in R, 20 in W
44 Judges damnably abuse an ecclesiastical censure when they use it rashly to
try to
expel
innocent persons from the bosom of mother church on account of someone else's
fault;
thereby the persons illegally named are not harmed, and the censure is said to
fall on
the
issuer on account of his misuse of the keys. Wishing to prevent such rashness
we
ordain
by
this decree added in M.
45 const 21 in W, omitted in M R
46 const. 13 in R, omitted in others
47 const. 14 in R, omitted in others
48 const. 15 in R, omitted in others
49 const. 16 in R, omitted in others
50 omitted in R
51 const 17 in R, omitted in others
52 to the Saracens added in M Bu.