The Third Lateran Council (1179)
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Abstract
The Third Lateran Council
took place under Pope Alexander III, Frederick I being emperor. There were 302 bishops
present. It condemned the Albigenses and Waldenses and issued numerous decrees for the
reformation of morals.
Introduction
The reign of Alexander III was one of the
most laborious pontificates of the Middle Ages. Then, as in 1139, the object was to repair
the evils caused by the schism of an antipope. Shortly after returning to Rome (12 March,
1178) and receiving from its inhabitants their oath of fidelity and certain indispensable
guarantees, Alexander had the satisfaction of receiving the submission of the antipope
Callistus III (John de Struma). The latter, besieged at Viterbo by Christian of Mainz,
eventually yielded and, at Tusculum, made his submission to Pope Alexander (29 August,
1178), who received him with kindness and appointed him Governor of Beneventum. Some of
his obstinate partisans sought to substitute a new antipope, and chose one Lando Sitino,
under the name of Innocent III. For lack of support he soon gave up the struggle and was
relegated to the monastery of La Cava. In September, 1178, the pope in agreement with an
article of the Peace of Venice, convoked an ecumenical council at the Lateran for Lent of
the following year and, with that object, sent legates to different countries. This was
the eleventh of the ecumenical councils. It met in March, 1179. The pope presided, seated
upon an elevated throne, surrounded by the cardinals, and by the prefects, senators, and
consuls of Rome. The gathering numbered three hundred and two bishops, among them several
Latin prelates of Eastern sees. There were in all nearly one thousand members. Nectarius,
abbot of the Cabules, represented the Greeks. The East was represented by Archbishops
William of Tyre and Heraclius of Caesarea, Prior Peter of the Holy Sepulchre, and the
Bishop of Bethlehem. Spain sent nineteen bishops; Ireland, six; Scotland, only
one-England, seven; France, fifty nine; Germany, seventeen- Denmark and Hungary, one each.
The bishops of Ireland had at their head St. Laurence, Archbishop of Dublin. The pope
consecrated, in the presence of the council, two English bishops, and two Scottish, one of
whom had come to Rome with only one horse the other on foot. There was also present an
Icelandic bishop who had no other revenue than the milk of three cows, and when one of
these went dry his diocese furnished him with another.
2 Besides exterminating the remains of the
schism the council undertook the condemnation of the Waldensian heresy and the restoration of ecclesiastical discipline, which had been much relaxed. Three
sessions were held, on 5, 14, and 19 March, in which twenty-seven canons were
promulgated, the most important of which may be summarized as follows:
Canon 1: To prevent
schisms in future, only the cardinals should have the right to elect the pope, and
two-thirds of their votes should be required for the validity of such election.
If any candidate, after securing only one-third of the votes, should arrogate to himself
the papal dignity, both he and his partisans should be excluded from the ecclesiastical
order and excommunicated.
Canon 2: Annulment of the
ordinations performed by the heresiarchs Octavian and Guy of Crema, as well as those by
John de Struma. Those who have received ecclesiastical dignities or benefices from these
persons are deprived of the same; those who have freely sworn to adhere to the schism are
declared suspended.
Canon 3: It is forbidden to
promote anyone to the episcopate before the age of thirty. Deaneries, archdeaconries,
parochial charges, and other benefices involving the care of souls shall not be conferred
upon anyone less than twenty-five years of age.
Canon 4: regulates the
retinue of members of the higher clergy, whose canonical visits were frequently ruinous to
the rural priests. Thenceforward the train of an archbishop is not to include more than
forty or fifty horses; that of a bishop, not more than twenty or thirty; that of an
archdeacon, five or seven at the most- the dean is to have two.
Canon 5: forbids the
ordination of clerics not provided with an ecclesiastical title, i. e. means of proper
support. If a bishop ordains a priest or a deacon without assigning him a certain
title on which he can subsist, the bishop shall provide such cleric with means of liveli
hood until he can assure him an ecclesiastical revenue that is, if the cleric
cannot subsist on his patrimony alone.
Canon 6: regulates the
formalities of ecclesiastical sentences.
Canon 7: forbids
the exaction of a sum of money for the burial of the dead, the marriage benediction, and,
in general, for the administration of the sacraments.
Canon 8: The patrons of
benefices shall nominate to such benefices within six months after the occurrence of a
vacancy.
Canon 9: recalls the
military orders of the Templars and the Hospitallers to the observation of canonical
regulations, from which the churches dependent on them are in no wise exempt.
Canon 11: forbids clerics
to receive women in their houses, or to frequent, without necessity, the monasteries of
nuns.
Canon 14: forbids laymen to
transfer to other laymen the tithes which they possess, under pain of being debarred from
the communion of the faithful and deprived of Christian burial.
Canon 18: provides for the
establishment in every cathedral church of a school for poor clerics.
Canon 19: Excommunication
aimed at those who levy contributions on churches and churchmen without the consent of the
bishop and clergy.
Canon 20: forbids
tournaments.
Canon 21: relates to the
"Truce of God".
Canon 23: relates to the
organization of asylums for lepers.
Canon 24: consists of a
prohibition against furnishing the Saracens with material for the construction of their
galleys.
Canon 27: enjoins on
princes the repression of heresy.
From the Catholic Encyclopedia,
copyright © 1913 by the Encyclopedia Press
END OF INTRODUCTION
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
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
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