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Medieval Sourcebook:
Twelfth Ecumenical Council:
Lateran IV 1215
The Canons of the Fourth Lateran Council, 1215
CANON 1
Text:
We firmly believe and openly confess that there is

only one true God, eternal and immense, omnipotent, unchangeable,

incomprehensible, and ineffable, Father, Son, and Holy Ghost;

three Persons indeed but one essense, substance, or nature absolutely

simple; the Father (proceeding) from no one, but the Son from

the Father only, and the Holy Ghost equally from both, always

without beginning and end. The Father begetting, the Son begotten,

and the Holy Ghost proceeding; consubstantial and coequal, co-omnipotent

and coeternal, the one principle of the universe, Creator of all

things invisible and visible, spiritual and corporeal, who from

the beginning of time and by His omnipotent power made from nothing

creatures both spiritual and corporeal, angelic, namely, and mundane,

and then human, as it were, common, composed of spirit and body.

The devil and the other demons were indeed created by God good

by nature but they became bad through themselves; man, however,

sinned at the suggestion of the devil. This Holy Trinity in its

common essense undivided and in personal properties divided, through

Moses, the holy prophets, and other servants gave to the human

race at the most opportune intervals of time the doctrine of salvation.
And finally, Jesus Christ, the only begotten Son of God made flesh

by the entire Trinity, conceived with the co-operation of the

Holy Ghost of Mary ever Virgin, made true man, composed of a rational

soul and human flesh, one Person in two natures, pointed out more

clearly the way of life. Who according to His divinity is immortal

and impassable, according to His humanity was made passable and

mortal, suffered on the cross for the salvation of the human race,

and being dead descended into hell, rose from the dead, and ascended

into heaven. But He descended in soul, arose in flesh, and ascended

equally in both; He will come at the end of the world to judge

the living and the dead and will render to the reprobate and to

the elect according to their works. Who all shall rise with their

own bodies which they now have that they may receive according

to their merits, whether good or bad, the latter eternal punishment

with the devil, the former eternal glory with Christ.
There is one Universal Church of the faithful, outside of which

there is absolutely no salvation. In which there is the same priest

and sacrifice, Jesus Christ, whose body and blood are truly contained

in the sacrament of the altar under the forms of bread and wine;

the bread being changed
(transsubstantiatio)
by divine

power into the body, and the wine into the blood, so that to realize

the mystery of unity we may receive of Him what He has received

of us. And this sacrament no one can effect except the priest

who has been duly ordained in accordance with the keys of the

Church, which Jesus Christ Himself gave to the Apostles and their

successors.
But the sacrament of baptism, which by the invocation of each

Person of the Trinity, namely of the Father, Son, and Holy Ghost,

is effected in water, duly conferred on children and adults in

the form prescribed by the Church by anyone whatsoever, leads

to salvation. And should anyone after the reception of baptism

have fallen into sin, by true repentance he can always be restored.

Not only virgins and those practicing chastity, but also those

united in marriage, through the right faith and through works

pleasing to God, can merit eternal salvation.
CANON 2
Text:
We condemn, therefore, and reprobate the book or

tract which Abott Joachim published against Master Peter Lombard

concerning the unity or essense of the Trinity, calling him heretical

and insane because he said in his Sentences that the Father, Son,

and Holy Ghost are some supreme entity in which there is no begetting,

no begotten, and no proceeding. Whence he asserts that he (Peter

Lombard) attributed to God not so much a trinity as a quaternity,

namely, three Persons and that common essense as a fourth, clearly

protesting that there is no entity that is Father, Son, and Holy

Ghost, neither is it essense or substance or nature, though he

concedes that the Father, Son, and Holy Ghost are one essense,

one substance, and one nature. But he says that such a unity is

not a true and proper (propriam) unity, but rather a collective

one or one by way of similitude, as many men are called one people

and many faithful one Church, according to the words: "The

multitude of believers had but one heart and one soul" (Acts

4: 32); and, "He who is joined to the Lord, is one spirit"

(I Cor. 6: I7); similarly, "He that planteth and he that

watereth, are one" (I Cor- 3: 8); and, "So we being

many, are one body in Christ" (Rom. 12: 5). Again in the

Book of Kings (Ruth): "My people and thy people are one"

(Ruth I: i6). To strengthen this teaching he cites that most important

word which Christ spoke concerning the faithful in the Gospel:

will, Father, that they may be one, as we also are one, that they

may be made perfect in one" (John I7: 22 f.). For the faithful

of Christ, he says, are not one in the sense that they are some

one thing that is common to all, but in the sense that they constitute

one Church by reason of the unity of the Catholic faith and one

kingdom by reason of the union of indissoluble charity, as we

read in the canonical Epistle of St. John: "There are three

who give testimony in heaven, the Father, the Word, and the Holy

Ghost; nd these three are one" (I John 5: 7). And immediately

it is added: "And there are three who give testimony on earth,

the spirit, the water, and the blood; and these three are one"

(I John 5: 8), as it is found in some codices.
But we, with the approval of the holy and general council, believe

and confess with Peter (Lombard) that there is one supreme entity,

incomprehensible and ineffable, which is truly Father, Son, and

Holy Ghost, together (simul) three persons and each one of them

singly. And thus in God there is only trinity, not quaternity,

because each of the three persons is that entity, namely, substance,

essense, or divine nature, which alone is the principle of the

universe and besides which there is no other. And that entity

is not the one begetting or the one begotten or the one proceeding,

but it is the Father who begets, the Son who is begotten, and

the Holy Ghost proceeds, in order that there may be distinctions

in the Persons who unity in the nature. Though, therefore, the

Father is one (being), and the Son is another, and the Holy Ghost

is another, yet they are not different (non tamen aliud); but

that which is the Father that is the Son and the Holy Ghost, absolutely

the same, since according to the Orthodox and Catholic faith they

are believed to be consubstantial. For the Father begetting the

Son from eternity imparted to Him His own substance, as He Himself

testifies: "That which my father hath given me, is greater

than all" (John IO: 29). And it cannot- be said that He gave

to Him a part of His substance and retained a part for Himself,

since the substance of the Father is indivisible, that is, absolutely

simple. But neither can it be said that Father in begetting transferred

His substance to the Son, as if gave it to the Son without retaining

it for Himself, otherwise He would cease to be a substance. It

is evident, therefore, that the Son in being begotten received

without any diminution the substance of the Father and thus the

Father and Son as well as the Holy Ghost proceeding from both

are the same entity. When therefore the Truth prays to the Father

for the faithful, saying: "I will that they be one in us,

even as we are one" (John 7: 22), this term "one"

is understood first for the faithful, as implying a union of charity

in grace, then for the divine persons, as implying a unity of

identity in nature; as the Truth says in another place: "Be

you perfect, as your heavenly Father is perfect" (Matt. 5:

48); as if He would say more clearly: be perfect by the perfection

of grace as your heavenly Father is perfect by the perfection

of nature, namely, each in his own way, because between the Creator

and the creature there cannot be a likeness so great that the

unlikeness is not greater. If therefore anyone presume to defend

or approve the teaching of the aforesaid Joachim on this point,

let him be repressed by all as a heretic.
In this, however, we do not wish to derogate in anything from

the monastery of Flora, which Joachim himself founded, since therein

is both the regular life and salutary observance, but chiefly

because the same Joachim ordered that his writings be submitted

to us to be approved or corrected by the judgment of the Apostolic

See, dictating a letter which he subscribed with his own hand,

in which he firmly confesses that he holds that faith which the

Roman Church holds, which by the will of God is the mother and

mistress of all the faithful. We also reprobate and condemn the

perverse teaching of he impious Amaury (Almaricus, Amalricus)

de Bene, whose mind the father of lies has so darkened that his

teaching is to be regarded not so much heretical as insane.
CANON 3
Text.
We excommunicate and anathematize every heresy that

raises against the holy, orthodox and Catholic faith which we

have above explained; condemning all heretics under whatever names

they may be known, for while they have different faces they are

nevertheless bound to each other by their tails, since in all

of them vanity is a common element. Those condemned, being handed

over to the secular rulers of their bailiffs, let them be abandoned,

to be punished with due justice, clerics being first degraded

from their orders. As to the property of the condemned, if they

are laymen, let it be confiscated; if clerics, let it be applied

to the churches from which they received revenues. But those who

are only suspected, due consideration being given to the nature

of the suspicion and the character of the person, unless they

prove their innocence by a proper defense, let them be anathematized

and avoided by all 1-intil they have made suitable satisfaction;

but if they have been under excommunication for one year, then

let them be condemned as heretics. Secular authorities, whatever

office they may hold, shall be admonished and induced and if necessary

compelled by ecclesiastical censure, that as they wish to be esteemed

and numbered among the faithful, so for the defense of the faith

they ought publicly to take an oath that they will strive in good

faith and to the best of their ability to exterminate in the territories

subject to their jurisdiction all heretics pointed out by the

Church; so that whenever anyone shall have assumed authority,

whether spiritual or temporal, let him be bound to confirm this

decree by oath. But if a temporal ruler, after having been requested

and admonished by the Church, should neglect to cleanse his territory

of this heretical foulness, let him be excommunicated by the metropolitan

and the other bishops of the province. If he refuses to make satisfaction

within a year, let the matter be made known to the supreme pontiff,

that he may declare the ruler's vassals absolved from their allegiance

and may offer the territory to be ruled lay Catholics, who on

the extermination of the heretics may possess it without hindrance

and preserve it in the purity of faith; the right, however, of

the chief ruler is to be respected as long as he offers no obstacle

in this matter and permits freedom of action. The same law is

to be observed in regard to those who have no chief rulers (that

is, are independent). Catholics who have girded themselves with

the cross for the extermination of the heretics, shall enjoy the

indulgences and privileges granted to those who go in defense

of the Holy Land.
We decree that those who give credence to the teachings of the

heretics, as well as those who receive, defend, and patronize

them, are excommunicated; and we firmly declare that after any

one of them has been branded with excommunication, if he has deliberately

failed to make satisfaction within a year, let him incur
ipso

jure
the stigma of infamy and let him not be admitted to public

offices or deliberations, and let him not take part in the election

of others to such offices or use his right to give testimony in

a court of law. Let him also be intestable, that he may not have

the free exercise of making a will, and let him be deprived of

the right of inheritance. Let no one be urged to give an account

to him in any matter, but let him be urged to give an account

to others. If perchance he be a judge, let his decisions have

no force, nor let any cause be brought to his attention. If he

be an advocate, let his assistance by no means be sought. If a

notary, let the instruments drawn up by him be considered worthless,

for, the author being condemned, let them enjoy a similar fate.

In all similar cases we command that the same be observed. If,

however, he be a cleric, let him be deposed from every office

and benefice, that the greater the fault the graver may be the

punishment inflicted.
If any refuse to avoid such after they have been ostracized by

the Church, let them be excommunicated till they have made suitable

satisfaction. Clerics shall not give the sacraments of the Church

to such pestilential people, nor shall they presume to give them

Christian burial, or to receive their alms or offerings; otherwise

they shall be deprived of their office, to which they may not

be restored without a special indult of the Apostolic See. Similarly,

all regulars, on whom also this punishment may be imposed, let

their privileges be nullified in that diocese in which they have

presumed to perpetrate such excesses.
But since some, under "the appearance of godliness, but denying

the power thereof," as the Apostle says (II Tim. 3: 5), arrogate

to themselves the authority to preach, as the same Apostle says:

"How shall they preach unless they be sent?" (Rom. 10:15),

all those prohibited or not sent, who, without the authority of

the Apostolic See or of the Catholic bishop of the locality, shall

presume to usurp the office of preaching either publicly or privately,

shall be excommunicated and unless they amend, and the sooner

the better, they shall be visited with a further suitable penalty.

We add, moreover, that every archbishop or bishop should himself

or through his archdeacon or some other suitable persons, twice

or at least once a year make the rounds of his diocese in which

report has it that heretics dwell, and there compel three or more

men of good character or, if it should be deemed advisable, the

entire neighborhood, to swear that if anyone know of the presence

there of heretics or others holding secret assemblies, or differing

from the common way of the faithful in faith and morals, they

will make them known to the bishop. The latter shall then call

together before him those accused, who, if they do not purge themselves

of the matter of which they are accused, or if after the rejection

of their error they lapse into their former wickedness, shall

be canonically punished. But if any of them by damnable obstinacy

should disapprove of the oath and should perchance be unwilling

to swear, from this very fact let them be regarded as heretics.
We wish, therefore, and in virtue of obedience strictly command,

that to carry out these instructions effectively the bishops exercise

throughout their dioceses a scrupulous vigilance if they wish

to escape canonical punishment. If from sufficient evidence it

is apparent that a bishop is negligent or remiss in cleansing

his diocese of the ferment of heretical wickedness, let him be

deposed from the episcopal office and let another, who will and

can confound heretical depravity, be substituted.
CANON 4
Summary. Those baptized by the Latins must not be rebaptized

by the Greeks.
Text.
Though we wish to favor and honor the Greeks who

in our days are returning to the obedience of the Apostolic See

by permitting them to retain their customs and rites in so far

as the interests of God allow us, in those things, however, that

are a danger to souls and derogatory to ecclesiastical propriety,

we neither wish nor ought to submit to them. After the Church

of the Greeks with some of her accomplices and supporters had

severed herself from the obedience of the Apostolic See, to such

an extent did the Greeks begin hating the Latins that among other

things which they impiously committed derogatory to the Latins

was this, that when Latin priests had celebrated upon their altars,

they would not offer the sacrifice upon those altars till the

altars had first been washed, as if by this they had been defiled.

Also, those baptized by the Latins the Greeks rashly presume to

rebaptize, and even till now, as we understand, there are some

who do not hesitate to do this. Desirous, therefore, of removing

such scandal from the Church of God, and advised by the holy council,

we strictly command that they do not presume to do such things

in the future, but conform themselves as obedient children to

the Holy Roman Church, their mother, that there may be "one

fold and one shepherd." If anyone shall presume to act contrary

to this, let him be excommunicated and deposed from every office

and ecclesiastical benefice.
CANON 5
Summary. The council approves the existing order of the patriarchal

sees and affirm, three of their privileges: their bishops may

confer the pallium and may have the cross borne before them, and

appeals may be taken to them.
Text.
Renewing the ancient privileges of the patriarchal

sees, we decree with the approval of the holy and ecumenical council,

that after the Roman Church, which by the will of God holds over

all others pre-eminence of ordinary power as the mother and mistress

of all the faithful, that of Constantinople shall hold first place,

that of Alexandria second, that of Antioch third, and that of

Jerusalem fourth, the dignity proper to each to be observed; so

that after their bishops have received from the Roman pontiff

the pallium, which is the distinguishing mark of the plenitude

of the pontifical office, and have taken the oath of fidelity

and obedience to him, they may also lawfully bestow the pallium

upon their suffragans, receiving from them the canonical profession

of faith for themselves, and for the Roman Church the pledge of

obedience. They may have the standard of the cross borne before

them everywhere, except in the city of Rome and wherever the supreme

pontiff or his legate wearing the insignia of Apostolic dignity

is present. In all provinces subject to their jurisdiction appeals

may be taken to them when necessary, saving the appeals directed

to the Apostolic See, which must be humbly respected.
CANON 6
SUMMARY Provincial synod, for the correction of abuses and

the enforcement of canonical enactments must be held annually.

To ensure this, reliable persons are to be appointed who will

investigate such thin as need correction.
Text.
In accordance with the ancient provisions of the

holy Fathers, the metropolitans must not neglect to hold with

their suffragans the annual provincial synods. In these they should

be actuated with a genuine fear of God in correcting abuses and

reforming morals, especially the morals of the clergy, familiarizing

themselves anew with the canonical rules, particularly those that

are enacted in this general council, that they may enforce their

observance by imposing due punishment on transgressors. That this

may be done more effectively, let them appoint in each and every

diocese prudent and upright persons, who throughout the entire

year shall informally and without any jurisdiction diligently

investigate such things as need correction or reform and faithfully

present them to the metropolitan, suffragans, and others in the

following synod, so that they may give prudent consideration to

these and other matters as circumstances demand; and in reference

to those things that they decree, let them enforce observance,

publishing the decisions in the episcopal synods to be held annually

in each diocese. Whoever shall neglect to comply with this salutary

statute, let him be suspended from his office and benefits till

it shall please his superior to restore him.
CANON 7
Summary No custom or appeal shall hinder prelates from correcting

abuses and reforming the morals of their subjects. If the chapter

neglects to correct the excesses of the canons, it shall devolve

upon the bishop to do so. Prelates shall not use this statute

as means of pecuniary gain.
Text.
By an irrefragable decree we ordain that prelates

make a prudent and earnest effort to correct the excesses and

reform the morals of their subjects, especially of the clergy,

lest their blood be demanded at their hands. But that they may

perform unhindered the duty of correction and reform, we decree

that no custom or apeal shall stand in the way of their efforts,

unless they shall have exceeded the form to be observed in such

cases. The abuses, however, of the canons of the cathedral church,

the correction of which has by custom belonged to the chapter,

shall, in those churches in which such a custom has hitherto prevailed,

by the advice or command of the bishop be corrected within a reasonable

time specified by the bishop. Otherwise the bishop, having in

mind the interests of God, opposition notwithstanding, shall not

delay to correct them means of ecclesiastical censure according

as the
cura animarum
demands. Nor shall he neglect to correct

the excesses also of the other clerics (those assisting the canons)

according as the
cura animarum
requires, due order, however,

being observed in all things. If the canons without a manifest

and reasonable cause, chiefly through contempt for the bishop,

discontinue divine services, the bishop may, if he wishes, celebrate

in the cathedral church, and on his complaint the metropolitan,

as delegated by us in this matter, shall so punish them with ecclesiastical

censure that for fear of a repetition of the punishment they will

not presume to do such things in the future. Let the prelates

of the churches, therefore, be diligently on their guard that

they do not convert this salutary decree into a means of personal

profit or other objectionable conduct, but let them enforce it

earnestly and faithfully if they wish to escape canonical punishment,

for in this matter the Apostolic See, on the authority of the

Lord, will be most vigilant.
CANON 8
SUMMARY: Reports of serious irregularities by prelates and

inferior clerics must be investigated bv the superior. The accused

must be given occasion to defend himself and, ii-found 'guilty,

must be punished accordingly.
Text:.
How and when a prelate ought to proceed in the inquiry

and punishment of the excesses of subjects (that is, of clerics),

is clearly deduced from the authority of the New and Old Testaments,

from which the canonical decrees were afterward drawn, as we have

long since clearly pointed out and now with the approval of the

holy council confirm. For we read in the Gospel that the steward

who was accused to his master of wasting his goods, heard him

say: "How is it that I hear this of thee? Give an account

of thy stewardship, for now thou canst be steward no longer"

(Luke i6: 2). And in Genesis the Lord said: "I will go down

and see whether they have done according to the cry that is come

to me" (Gen. i8: 2i). From these authorities it is clearly

proved that not only when a subject (that is, a cleric of a lower

rank) but also when a prelate is guilty of excesses and these

should come to the ears of the superior through complaint and

report, not indeed from spiteful and slanderous persons, but from

those who are prudent and upright persons, and not only once but

often, he must in the presence of the seniors of the church carefully

inquire into the truth of such reports, so that if they prove

to be true, the guilty party may be duly punished without the

superior being both accuser and judge in the matter. But, while

this is to be observed in regard to subjects, the observance must

be stricter in reference to prelates, who are, as it were, a ,target

for the arrow. Because they cannot please all, since by their

very office they are bound not only to rebuke but also at times

to loose and bind, they frequently incur the hatred of many and

are subject to insidious attacks. The holy fathers, therefore,

wisely decreed that accusations against prelates must be accepted

with great reserve lest, the pillars being shattered, the edifice

itself fall unless proper precaution be exercised by which recourse

not only to false but also malicious incrimination is precluded.

They wished so to protect prelates that on the one hand they might

not be unjustly accused, and on the other hand that they might

be on their guard, lest they should become haughtily delinquent;

finding a suitable remedy for each disease in the provision that

a criminal accusation which calls for a
diminutio capitis

that is, degradation, is by no means to be accepted,
nisi legitima

praecedat inscriptio
. But when anyone shall have been accused

on account of his excesses, so that the reports and whisperings

arising therefrom cannot any longer be ignored without scandal

or tolerated without danger, then steps, inspired not by hatred

but by charity, must be taken without scruple toward an inquiry

and punishment of his excesses. If it is a question of a grave

offense, though not one that calls for a
degradatio ab ordine

the accused must be deprived absolutely of all administrative

authority, which is in accordance with the teaching of the Gospel,

namely, that the steward who cannot render a proper account of

his office as steward be deprived of his stewardship. He about

whom inquiry is to be made must be present, unless he absents

himself through stubbornness; and the matter to be investigated

must be made known to him, that he may have opportunity to defend

himself. Not only the testimony of the witnesses but also their

names must be made known to him, that he may be aware who testified

against him and what was their testimony; and finally, legitimate

exceptions and replications must be admitted, lest by the suppression

of names and by the exclusion of exceptions the boldness of the

defamer and the false witness be encouraged. The diligence of

the prelate in correcting the excesses of his subjects ought to

be in proportion to the blameworthiness of allowing the offense

to go unpunished. Against such offenders, to say nothing of those

who are guilty of notorious crimes, there can be a threefold course

of procedure, namely, by accusation, by denunciation, and by inquiry,

in all of which, however, proper precaution must be exercised

lest perchance by undue haste grave detriment should result. The

accusation must be preceded by the
legitima inscriptio,
denunciation by the
caritativa admonitio,
and the inquiry

by the
clamosa insinuatio
diffamatio
); such moderation

to be always used that the
forma sententiae
be governed

by the
forma judicii
. The foregoing, however, does not

apply to regular clerics, who, when a reason exists, can be removed

from their charges more easily and expeditiously.
CANON 9
SUMMARY: In cities and dioceses where there are people of different

languages, the bishop must provide suitable priests to minister

to them. If necessity requires, let him appoint a vicar who shall

be responsible to him. There may not, however, be two bishops

in -the same diocese.
Text:
Since in many places within the same city and diocese

there are people of different languages having one faith but various

rites and customs, we strictly command that the bishops of these

cities and dioceses provide suitable men who will, according to

the different rites and languages, celebrate the divine offices

for them, administer the sacraments of the Church and instruct

them by word and example. But we absolutely forbid that one and

the same city or diocese have more than one bishop, one body,

as it were, with several heads, which is a monstrosity. But if

by reason of the aforesaid conditions an urgent necessity should

arise, let the bishop of the locality after due deliberation appoint

a prelate acceptable to those races, who shall act as vicar in

the aforesaid matters and be subject to him all things. If anyone

shall act otherwise, let him consider himself excommunicated;

and if even then he will not amend, let him be deposed from every

ecclesiastical ministry, and if need be, let the secular arm be

employed, that such insolence may be curbed.
CANON 10
SUMMARY: Bishops who are unable to preach the word of God to

the people are to provide suitable men to do it for them. They

must see to it that the needs of the clergy so appointed are supplied,

otherwise their work will prove a failure.
Text:
Among other things that pertain to the salvation

of the Christian people, the food of the word of God is above

all necessary, because as the body is nourished by material food,

so is the soul nourished by spiritual food, since "not in

bread alone doth man live but in every word that proceedeth from

the mouth of God" (Matt. 4: 4). It often happens that bishops,

on account of their manifold duties or bodily infirmities, or

because of hostile invasions or other reasons, to say nothing

of lack of learning, which must be absolutely condemned in them

and is not to be tolerated in the future, are themselves unable

to minister the word of God to the people, especially in large

and widespread dioceses. Wherefore we decree that bishops provide

suitable men, powerful in work and word, to exercise with fruitful

result the office of preaching; who in place of the bishops, since

these cannot do it, diligently visiting the people committed to

them, may instruct them by word and example. And when they are

in need, let them be supplied with the necessities, lest for want

of these they may be compelled to abandon their work at the very

beginning. Wherefore we command that in cathedral churches as

well as in conventual churches suitable men be appointed whom

the bishops may use as coadjutors and assistants, not only in

the office of preaching but also in hearing confessions, imposing

penances, and in other matters that pertain to the salvation of

souls. If anyone neglect to comply with this, he shall be subject

to severe punishment.
CANON 11
SUMMARY
In every cathedral church and other churches also that

have sufficient means, a master is to be appointed to instruct
gratis
the clerics and poor students. The metropolitan

church ought to have a theologian who shall teach the clergy whatever

pertains to the
cura animarum
(i.e. care of souls).
Text.
Since there are some who, on account of the lack

of necessary means, are unable to acquire an education or to meet

opportunities for perfecting themselves, the Third Lateran Council

in a salutary decree provided that in every cathedral church a

suitable benefice be assigned to a master who shall instruct
gratis
the clerics of that church and other poor students, by means

of which benefice the material needs of the master might be relieved

and to the students a way opened to knowledge. But, since in many

churches this is not observed, we, confirming the aforesaid decree,

add that, not only in every cathedral church but also in other

churches where means are sufficient, a competent master be appointed

by the prelate with his chapter, or elected by the greater and

more discerning part of the chapter, who shall instruct
gratis
and to the best of his ability the clerics of those and other

churches in the art of grammar and in other branches of knowledge.

In addition to a master, let the metropolitan church have also

a theologian, who shall instruct the priests and others in the

Sacred Scriptures and in those things especially that pertain

to the cura animarum. To each master let there be assigned by

the chapter the revenue of one benefice, and to the theologian

let as much be given by the metropolitan; not that they thereby

become canons, but they shall enjoy the revenue only so long as

they hold the office of instructor. If the metropolitan church

cannot support two masters, then it shall provide for the theologian

in the aforesaid manner, but for the one teaching grammar, let

it see to it that a sufficiency is provided by another church

of its city or diocese.
CANON 12
SUMMARY: Provincial chapters of regulars are to be held every

three years. All not canonically impeded must-attend. The chapters

to be under the guidance of two Cistercians, and careful attention

is to be given to the reform of the order and to regular observance.

Visitation of monasteries and nunneries. Ordinaries must strive

to ref'orm monasteries and ward off molestation of them by lay

officials.
Text:
In every ecclesiastical province there shall be held

every three years, saving the right of the diocesan ordinaries,

a general chapter of abbots and of priors having no abbots, who

have not been accustomed to celebrate such chapters. This shall

be held in a monastery best adapted to this purpose and shall

be attended by all who are not canonically impeded, with this

restriction, however, that no one bring with him more than six

horses and eight persons. In inaugurating this new arrangement,

let two neighboring abbots of the Cistercian order be invited

to give them counsel and opportune assistance, since among them

the celebration of such chapters is of long standing. These two

Cistercians shall without hindrance choose from those present

two whom they consider the most competent, and these four shall

preside over the entire chapter, so that no one of these four

may assume the authority of leadership; should it become expedient,

they may be changed by prudent deliberation. Such a chapter shall

be celebrated for several consecutive days according the custom

of the Cistercian order. During its deliberations careful attention

is to be given to the reform of the order and to regular observance,

and what has been enacted with the approval of the four shall

be observed inviolably by all, excuses, contradictions, and appeals

to the contrary notwithstanding. In each of these chapters the

place for the holding of the following one is to be determined.

All those in attendance, even if f or want of room many must occupy

other houses, must live the
vita communis
and bear proportionately

all common expenses. In the same chapter religious and prudent

persons should be appointed who, in our name, shall visit every

abbey in the province, not only of monks but also of nuns, according

to a form prescribed for them, correcting and reforming those

things that need correction and reform; so that, if they should

know that the rector of a locality ought to be removed from office,

let them make it known to his bishop, that he may procure his

removal; but if he should neglect to do it, then the appointed

visitors shall refer the matter to the attention of the Apostolic

See. We wish and command that canons regular observe this according

to their order. But if in this new arrangement a difficulty should

arise which cannot be disposed of by the aforesaid persons, let

it be referred without scandal to the judgment of the Apostolic

See; in the meantime let the other things that have been accomplished

by amicable deliberation be in. violably observed. Moreover, the

diocesan ordinaries must strive so to reform the monasteries subject

to them, that when the aforesaid visitors come to them they will

find in them more that is worthy of commendation than of correction,

taking special care lest the monasteries be oppressed by them

with undue burdens. For, while we wish that the rights of the

superiors be respected, we do not on that account wish that injury

be sustained by inferiors. We strictly command diocesan bishops

and persons attending the chapters, that with ecclesiastical censure-every

appeal being denied-they restrain advocates, patrons, vicegerents,

rulers, consuls, nobles, and soldiers, and all others, from molesting

the monasteries either in persons or properties and if perchance

these persons should so molest, let the aforesaid bishops and

chapter members not neglect to compel these latter to make satisfaction,

that the monasteries may serve Almighty
God more freely and peacefully.
CANON 13
SUMMARY: The founding of new religious orders is forbidden.

New monasteries must accept a rule already approved. A monk may

not reside in different monasteries nor may one abbot preside

over several monasteries.
Text.
Lest too great a diversity of religious orders lead

to grave confusion in the Church of God, we strictly forbid anyone

in the future to found a new order, but whoever should wish to

enter an order, let him choose one already approved. Similarly,

he who would wish to found a new monastery, must accept a rule

already proved. We forbid also anyone to presume to be a monk

in different monasteries (that is, belong to different monasteries),

or that one abbot preside over several monasteries.
CANON 14
Summary: Clerics, especially those in sacred orders, shall

live chastely and virtuously. Anyone suspended for incontinency

who presumes to celebrate the divine mysteries shall be forever

deposed.
Text:
That the morals and general conduct of clerics may

be better let all strive to live chastely and virtuously, particularly

those in sacred orders, guarding against every vice of desire,

especially that on account of which the anger of God came from

heaven upon the children of unbelief, so that in the sight of

Almighty God they may perform their duties with a pure heart and

chaste body. But lest the facility to obtain pardon be an incentive

to do wrong, we decree that whoever shall be found to indulge

in the vice of incontinence, shall, in proportion to the gravity

of his sin, be punished in accordance with the canonical statutes,

which we command to be strictly and rigorously observed, so that

he whom divine fear does not restrain from evil, may at least

be withheld from sin by a temporal penalty. If therefore anyone

suspended for this reason shall presume to celebrate the divine

mysteries, let him not only be deprived of his ecclesiastical

benefices but for this twofold offense let him be forever deposed.

Prelates who dare support such in their iniquities, especially

in view of money or other temporal advantages, shall be subject

to a like punishment. But if those. who according to the practice

of their country have not renounced the conjugal bond, fall by

the vice of impurity, they are to be punished more severely, since

they can use matrimony lawfully.
CANON 15
SUMMARY
Clerics, who after being warned do not abstain from

drunkenness, shall be suspended from their office and benefice.
Text.
All clerics shall carefully abstain from drunkenness.

Wherefore, let them accommodate the wine to themselves, and themselves

to the wine. Nor shall anyone be encouraged to drink, for drunkenness

banishes reason and incites to lust. We decree, therefore, that

that abuse be absolutely abolished by which in some localities

the drinkers bind themselves
suo modo
to an equal portion

of drink and he in their judgment is the hero of the day who out

drinks the others. Should anyone be culpable in this matter, unless

he heeds the warning of the superior and makes suitable satisfaction,

let him be suspended from his benefice or office.
We forbid hunting and fowling to all clerics; wherefore, let them

not presume to keep dogs and birds for these purposes.
CANON 16
SUMMARY
Clerics are not to engage in secular pursuits, attend

unbecoming exhibitions, visit taverns, or play games of chance.

Their clothing must be in keeping with their dignity.
Text.
Clerics shall not hold secular offices or engage

in secular and, above all, dishonest pursuits. They shall not

attend the performances of mimics and buffoons, or theatrical

representations. They shall not visit taverns except in case of

necessity, namely, when on a journey. They are forbidden to play

games of chance or be present at them. They must have a becoming

crown and tonsure and apply themselves diligently to the study

of the divine offices and other useful subjects. Their garments

must be worn clasped at the top and neither too short nor too

long. They are not to use red or green garments or curiously sewed

together gloves, or beak-shaped shoes or gilded bridles, saddles,

pectoral ornaments (for horses), spurs, or anything else indicative

of superfluity. At the divine office in the church they are not

to wear cappas with long sleeves, and priests and dignitaries

may not wear them elsewhere except in case of danger when circumstances

should require a change of outer garments. Buckles may under no

condition be worn, nor sashes having ornaments of gold or silver,

nor rings, unless it be in keeping with the dignity of their office.

All bishops must use in public and in the church outer garments

made of linen, except those who are monks, in which case they

must wear the habit of their order; in public they must not appear

with open mantles, but these must be clasped either on the back

of the neck or on the bosom.
CANON 17
SUMMARY. Prelates and clerics are commanded in virtue of obedience

to celebrate diligently and devoutly the diurnal and nocturnal

offices.
Text:
It is a matter for regret that there are some minor

clerics and even prelates who spend half of the night in banqueting

and in unlawful gossip, not to mention other abuses, and in giving

the remainder to sleep. They are scarcely awakened by the diurnal

concerts of the birds. Then they hasten through matins in a hurried

and careless manner. There are others who say mass scarcely four

times a year and, what is worse, do not even attend mass, and

when they are present they are engaged outside in conversation

with lay people to escape the silence of the choir; so that, while

they readily lend their ears to unbecoming talk, they regard with

utter indifference things that are divine. These and all similar

things, therefore, ,we absolutely forbid under penalty of suspension,

and strictly command in virtue of obedience that they celebrate

diligently and devoutly the diurnal and nocturnal offices so far

as God gives them strength.
CANON 18
SUMMARY Clerics may neither pronounce nor execute a sentence

of death. Nor may they act as judges in extreme criminal cases,

or take pa in matters connected with judicial tests and ordeals.
Text.
No cleric may pronounce a sentence of death, or execute

such a sentence, or be present at its execution. If anyone in

consequence of this prohibition
(hujusmodi occasions statuti)
should presume to inflict damage on churches or injury on

ecclesiastical persons, let him be restrained by ecclesiastical

censure. Nor may any cleric write or dictate letters destined

for the execution of such a sentence. Wherefore, in the chanceries

of the princes let this matter be committed to laymen and not

to clerics. Neither may a cleric act as judge in the case of the

Rotarrii, archers, or other men of this kind devoted to the shedding

of blood. No subdeacon, deacon, or priest shall practice that

part of surgery involving burning and cutting. Neither shall anyone

in judicial tests or ordeals by hot or cold water or hot iron

bestow any blessing; the earlier prohibitions in regard to dueling

remain in force.
CANON 19
SUMMARY: Household goods must not be stored in churches unless

there be an urgent necessity. Churches, church vessels, and the

like must be kept clean.
Text:
We do not wish to leave uncorrected the practice

of certain clerics who convert the churches into storehouses for

their own household goods and also for those of others,"'

so that the churches have the appearance of the houses of lay

people rather than of the house of God, not considering that the

Lord does not permit the carrying of a vessel through the temple.

There are also others who not only neglect to keep the churches

clean but also leave the vessels, vestments, palls, and corporals

so unclean that sometimes they are a source of aversion. Wherefore,

since the zeal of the house of God hath eaten us up (John 2: I

7), we strictly forbid that household goods be placed in the churches,

unless by reason of hostile invasion, sudden fire, or other urgent

reasons it should become necessary to store them there. When,

however, the necessity no longer exists, let them be returned

to their proper place. We command also that the aforesaid churches,

vessels, corporals, and vestments be kept clean and bright. For

it is absurd to tolerate in sacred things a filthiness that is

unbecoming even in profane things.
CANON 20
SUMMARY: In all churches the Eucharist and the chrism must

be kept under lock and .key. Those who neglect to do this, are

to be suspended.
Text:
We decree that in all churches the chrism and the

Eucharist be kept in properly protected places provided with locks

and keys, that they may not be reached by rash and indiscreet

persons and used for impious and blasphemous purposes. But if

he to whom such guardianship pertains should leave them unprotected,

let him be suspended from office for a period of three months.

And if through his negligence an execrable deed should result,

let him be punished more severely.
CANON 21
SUMMARY
Everyone who has attained the age of reason is bound

to confess his sins at least once a year to his own parish pastor

with his permission to another, and to receive the Eucharist at

least at Easter. A priest who reveals a sin confided to him in

confession is to be deposed and relegated to a monastery for the

remainder of his life.
Text.
All the faithful of both sexes shall after they have

reached the age of discretion faithfully confess all their sins

at least once a year to their own (parish) priest and perform

to the best of their ability the penance imposed, receiving reverently

at least at Easter the sacrament of the Eucharist, unless perchance

at the advice of their own priest they may for a good reason abstain

for a time from its reception; otherwise they shall be cut off

from the Church (excommunicated) during life and deprived of Christian

burial in death. Wherefore, let this salutary decree be published

frequently in the churches, that no one may find in the plea of

ignorance a shadow of excuse. But if anyone for a good reason

should wish to confess his sins to another priest, let him first

seek and obtain permission from his own (parish) priest, since

otherwise he (the other priest) cannot loose or bind him.
Let the priest be discreet and cautious that he may pour wine

and oil into the wounds of the one injured after the manner of

a skilful physician, carefully inquiring into the circumstances

of the sinner and the sin, from the nature of which he may understand

what kind of advice to give and what remedy to apply, making use

of different experiments to heal the sick one. But let him exercise

the greatest precaution that he does not in any degree by word,

sign, or any other manner make known the sinner, but should he

need more prudent counsel, let him seek it cautiously without

any mention of the person. He who dares to reveal a sin confided

to him in the tribunal of penance, we decree that he be not only

deposed from the sacerdotal office but also relegated to a monastery

of strict observance to do penance for the remainder of his life.
CANON 22
SUMMARY. Physicians of the body called to the bedside of the

sick shall before all advise them to call for the physician of

souls, so that, spiritual health being restored, bodily health

will follow.
Text:
Since bodily infirmity is sometimes caused by sin,

the Lord saying to the sick man whom he had healed: "Go and

sin no more, lest some worse thing happen to thee" (John

5: I4), we declare in the present decree and strictly command

that when physicians of the body are called to the bedside of

the sick, before all else they admonish them to call for the physician

of souls, so that after spiritual health has been restored to

them, the application of bodily medicine may be of greater benefit,

for the cause being removed the effect will pass away. We publish

this decree for the reason that some, when they are sick and are

advised by the physician in the course of the sickness to attend

to the salvation of their soul, give up all hope and yield more

easily to the danger of death. If any .physician shall transgress

this decree after it has been published by bishops, let him be

cut off (
arceatur
) from the Church till he has made suitable

satisfaction for his transgression. And since the soul id far

more precious than the body, we forbid under penalty of anathema

that a physician advise a patient to have recourse to sinful means

for the recovery of bodily health.
CANON 23
SUMMARY If those to whom it Pertains neglect to elect a bishop

for a cathedral within three months, then this duty devolves upon

the next immediate superior. If he neglects to do so within three

months, he shall be punished.
Text.
That the ravenous wolf may not invade the Lord's

flock that is without a pastor, that a widowed church may not

suffer grave loss in its properties, that danger to soul may be

averted, and that provision may be made for the security of the

churches, we decree that a cathedral or regular church must not

be without a bishop for more than three months. If within this

time an election has not been held by those to whom it pertains,

though there was no impediment, the electors lose their right

of voting, and the right to appoint devolves upon the next immediate

superior. Let the one upon whom this right to appoint devolves,

having God before his eyes, not delay more than three months to

provide canonically and with the advice of the chapter and other

prudent men the widowed church with a suitable pastor, if he wishes

to escape canonical punishment. This pastor is to be chosen from

the widowed church itself, or from another in case a suitable

one is not found therein.
CANON 24
SUMMARY. Three forms or methods of election are recognized:

the normal one by ballot, by compromise, and by quasi-inspiration.

No one may vote by proxy.
Text.
Since, on account of the different forms of elections

which some endeavor to employ, many impediments arise and great

danger threatens the widowed churches, we decree that when an

election is to take place and all are present who ought, wish,

and are able tobe present, let three trustworthy members of the

assembly be chosen who shall with care collect secretly and one

by one the votes of all; and when these have been written down,

he is to be considered elected who has obtained all or the majority

of the votes of the chapter, absolutely no appeal being allowed.

Or the authority of making the choice may be entrusted to some

confidential persons, who in the place of all may provide a pastor

for the widowed church. An election in any other form is not valid,

unless perchance there is absolute unanimity among the electors,

as if by divine inspiration. Whoever shall attempt to hold an

election contrary to the aforesaid forms, shall for this time

be deprived of his vote. We absolutely forbid that anyone appoint

a representative in the matter of an election (that is, vote by

proxy), unless he be canonically impeded and cannot come, in which

case, if need be, let him declare himself to that effect on oath,

and then he may choose one of his colleagues at the assembly to

represent him. We also disapprove of clandestine elections, and

decree that as soon as an election has it must be solemnly made

public.
CANON 25
Summary. He who consents to the election of himself with the

aid of the secular power becomes thereby ineligible, and the election

is null.
Text.
Whoever shall presume to consent to the election

of himself through the abusive intervention of the secular authorities

contrary to canonical liberty, shall lose the advantage he has

gained therefrom and shall be ineligible in the future, nor may

he be chose,, or raised to any other dignity without a dispensation.

Those who presume to hold an election of this kind (that is, those

who allow themselves to be influenced by secular authorities),

we declare to be
ipso jure
invalid, let them be absolutely

suspended from offices and benefices for a period of three years,

and during this time let them be deprived of the right of voting.
CANON 26
Summary. If a prelate through negligence has confirmed the

election of an unworthy candidate for the guidance of souls, he

is to lose the right of confirming the first successor of such

a one and is also to be deprived of the revenue of his benefice,

and the the one unworthily promoted is to be removed. If his action

was prompted by malice, a severer penalty is to be imposed on

him.
Text.
Nothing is more injurious to the Church of God than

the selection of unworthy prelates for the direction of souls.

Wishing, therefore, to apply the necessary remedy to this evil,

we decree by an irrefragable ordinance that when anyone has been

elected for the guidance of souls, he to whom the confirmation

of the election belongs shall carefully investigate the process

and circumstances of the election as well as the person of the

one elected, and only when everything proves to be satisfactory

may he confirm. If through carelessness the contrary should take

place, then not only the one unworthily promoted is to be removed,

but the one also who furthered such promotion (by confirmation)

is to be punished. The latter's punishment, we decree, shall consist

in this, that when it is agreed that through negligence he confirmed

a person who lacks sufficient knowledge or is wanting in integrity

of morals or is not of legitimate age, not only is he to lose

the right of confirming the first successor of such a person,

but, that he may not in some case escape punishment, he is also

to be deprived of the revenues of his benefice till he be deemed

worthy of pardon. If, however, the evidence shows that his action

was inspired by malice, a severer punishment is to be imposed

on him. Bishops also, if they wish to escape canonical punishment,

shall take the necessary precaution to promote to sacred orders

and ecclesiastical dignities only such as are qualified to discharge

worthily the duties of the office committed to them. Those who

are immediately subject to the Roman pontiff, must appear personally

before him for confirmation if this can be done conveniently,

otherwise they may send suitable persons from whom may be ascertained

the necessary information regarding the process of the election

and the person of the one elected; so that only after a thorough

investigation by the pope will those elected obtain the plenitude

of their office, provided, of course, there be no canonical obstruction.

Those who live at a great distance, that is outside of Italy,

if they have been elected unanimously, may in the meantime and

by way of exception
(dispensative),
on account of the needs

of the churches, administer the respective offices in matters

spiritual and temporal, so, however that they alienate absolutely

nothing belonging to the churches. The consecration or benediction

let them receive as has so far been the custom."
CANON 27
SUMMARY
Incompetent persons must not be promoted to the priesthood

or given the direction of souls.
Text.
Since the direction of souls is the art of arts,

we strictly command that bishops, either themselves or through

other qualified men, diligently prepare and instruct those to

be elevated to the priesthood in the divine offices and in the

proper administration of the sacraments of the Church. If in the

future they presume to ordain ignorant and unformed men (a defect

that can easily be discovered), we decree that both those ordaining

and those ordained be subject to severe punishment. In the ordination

of priests especially, it is better to have a few good ministers

than many who are no good, for if the blind lead the blind both

will fall into the pit (Matt. 15:14).
CANON 28
SUMMARY: He who seeks and obtains permission to resign must

do so.
Text
: There are some who urgently seek permission to resign

and after obtaining such permission neglect to do so. But since

in requesting a resignation they seemed to have in view the needs

of the churches over which they preside or their own salvation,

neither of which we wish to be impeded, whether by the sophistication

of self-seeking or by mere instability, we decree that they be

compelled to resign.
CANON 29
SUMMARY Anyone having a benefice with the cura animarum annexed,

if he accepts another, shall lose the first; and if he attempts

to retain it, he shall lose the other also. After the reception

of the second benefice, the first may be freely conferred on another.

If he to whom that collation belongs should delay beyond six months,

then it shall devolve on another and the form shall indemnify

the church for the losses incurred during the vacancy
Text.
With much foresight it was prohibited in the Lateran

Council that no one should, contrary to the sacred canons, accept

several ecclesiastical dignities or several parochial churches;

otherwise the one receiving should lose what he received, and

the one who bestowed be deprived of the right of collation. But

since, on account of the boldness and avarice of some, the aforesaid

statute has thus far produced little or no fruit, we, wishing

to meet the situation more clearly and emphatically, declare in

the present decree that whoever shall accept a benefice to which

is annexed the
cura animamm
after having previously obtained

such a benefice, shall
ipso jure
be deprived of this (the

first one); and if perchance he should attempt to retain it, let

him be deprived of the other one also. He to whom the collation

of the first benefice belongs may freely confer it, after the

incumbent has accepted a second, on anyone whom he may deem worthy;

should he delay to do so beyond a period of six months, then in

accordance with the decree of the Lateran Council, let not only

its collation devolve on another, but also let him be compelled

to indemnify the church in question from his own resources equal

to the amount of the revenues drawn from it during its vacancy.

The same we decree is to be observed in regard to dignities (personatus),

adding, that no one may presume to have several dignities in the

same church, even though they have not the
cura animarum
annexed.

Only in the case of eminent and learned persons who are to be

honored with major benefices, can the Apostolic See, if need be,

grant a dispensation.
CANON 30
Summary. The provincial synod is to suspend from the collation

of benefices those who after two admonitions confer benefices

on unworthy persons. The removal of this suspension the pope reserves

to himself or to the patriarch of the one suspended.
Text.
It is a very inconsistent and grave matter that some

bishops, when they can promote suitable men to ecclesiastical

benefices, do not fear to choose unworthy ones, who lack integrity

of morals and sufficient knowledge, following the carnal and inordinate

affections for their kindred rather than the judgment of reason.

The great detriment that thus accrues to the churches no one of

sound mind is ignorant of. Wishing, therefore, to cure this disease,

we command that unworthy persons be rejected and suitable ones,

who will and can render to God and the churches an acceptable

service, be chosen; and let a careful investigation in regard

to this matter be made in the annual provincial synod. Anyone

who has been found culpable after the first and second admonition,

let him be suspended by the synod from conferring benefices, and

in the same synod let a prudent and upright person be appointed

who may take the place of the one suspended. The same is to be

observed in regard to the chapters that prove delinquent in this

matter. An offense of this kind on the part of a metropolitan

must be made known by the synod to a higher superior. That this

salutary provision may be more effectively observed, such a sentence

of suspension may by no means e removed except by the authority

of the Roman pontiff or by the patriarch of the one suspended,

that in this matter also the four patriarchal sees may be specially

honored.
CANON 31
Summary. Illegitimate sons of canons may not be appointed heir

fathers serve. Such appointments are invalid.
Text.
To destroy that worst of corruptions that grown up

in many churches, we strictly forbid that the sons of canons,

especially the illegitimate ones be made canons in the same secular

churches in which their fathers have been appointed. Such appointments,

we decree are invalid; those who presume to make them, let them

be suspended from their benefices
****
CANON 32
Summary. The
rector of a church, notwithstanding the custom

of bishops and patrons must have a sufficient portion of the

revenues of the church. He who has a parochial church must serve

it-himself. If another be annexed to it, a vicar must be the latter,

who shall enjoy a
portio congruens
of its revenues.
Text.
In some localities a vice has grown up, namely, that

patrons of parochial churches and some other persons (including

bishops), arrogate to themselves the revenues of those churches,

leaving to the priests attached to them such a meager portion

as to deprive them of a decent subsistence. For we have learned

from a source, the authority of which is unquestionable that in

some places the parochial clergy receive for sustenance only a
quarta quartae,
that is one sixteenth of the tithes. Whence

it is that in these localities there seldom is found a parochial

priest who possesses more than a very limited knowledge of letters.

Since therefore the mouth of the ox that threshes should not be

muzzled, and he who serves the altar should live by the altar,

we decree that no custom on the part patron, or anybody else shall

stand in the way of priests receiving a
portio sufficiens.
He who has a parochial church must serve it himself and not entrust

its administration to a vicar, unless perchance there be a parochial

church annexed to the prebend or dignity, in which case we grant

that he who has such a prebend or dignity, since it behooves him

to serve in the major church, may ask to have appointed for the

parochial church a suitable and irremovable vicar, who, as was

said before, shall enjoy a
portio congruens
of the revenues

of that church; otherwise by the authority of this decree let

him be deprived of it and let it be conferred on another who will

and can fulfil the aforesaid requirements. We also absolutely

forbid that anyone presume to confer fraudulently on another a

pension as a benefice from the revenues of a church that ought

to have its own priest
(proprius saceraos).
CANON 33
Summary. Prelates may demand procurations only when they conduct

visitations and then they must observe the restrictions of the

Lateran Council. On their visitations they should devote themselves

to preaching and reform.
Text. The procurationes [the hospitality or procuration extended

to a bishop and his assistants in the course of his canonical

vistation]
which by reason of visitation are due to bishops,

archdeacons, and others, also to legates and nuncios of the Apostolic

See, are, except in a case of manifest and urgent necessity, to

be demanded only when they personally conduct the visitation,

and then they must observe the restrictions made by the Lateran

Council [III Lat, canon 4] in regard to the number of horses and

persons accompanying them. This restriction being observed, should

the legates and nuncios of the Apostolic See find it necessary

to make a delay in any place, to avoid being too great a burden

on the place, let them receive moderate procurations from other

churches or persons who have not yet been burdened in the way

of supplying such sustenance; so that the number of procurations

may not exceed the number of days of the delay, and should some

procuration by itself not suffice, let two or more be united in

one. Moreover, those conducting the visitation shall not seek

their own interests, but those of Jesus Christ, devoting themselves

to preaching, exhortation, correction, and reform, that they may

bring back fruit that perishes not. Whoever shall presume to act

contrary to this decree, shall not only return what he received,

but to the church that he so op pressed he shall also make compensation

equivalent to his injustice.
CANON 34
Summary. Prelates are not to take from their subjects more

than is due to them. Those who act contrary to this must make

restitution and also give an equal amount to the poor.
9The hospitality or procuration extended to the bishop and his

assistants in the course of his canonical (fiocesan visitation.
Text.
Since very many prelates, that they may provide papal

legates and others with procurations and the like, extort from

their subjects more than they hand over to them (to the legates),

and, chasing after gain to their own damnation, seek among their

subjects plunder rather than help, we forbid that this be done

in the future. If anyone perchance should presume to act contrary

to this decision, he shall not only restore what he has thus extorted,

but he shall also be compelled to give an equal amount to the

poor. If the superior with whom a complaint in regard to this

matter has been lodged, proves negligent in the execution of this

decree, let him be subject to canonical punishment.
CANON 35
Summary. An appellant, feeling that he has good grounds for

an appeal before sentence, must make those grounds known to the

judgc of the first instance. If sufficient, this is to be made

known to the superior judge; if insufficient, the latter must

return the appellant to the judge of the first instance.
Text.
That proper respect may be shown the judges and that

the interests of the litigants in the matter of labor and expenses

may be duly considered, we decree that when anyone proceeds against

an adversary before a competent judge, he shall not without good

reason appeal to a higher judge before sentence is pronounced,

but shall continue his case before the same judge (that is, of

the first instance), even if he say that he has sent a message

to the superior judge or has received letters from the same, as

long as the letters have not been given to the delegated judge.

But if he thinks he has sufficient ground for an appeal, he must

make known this ground to the same judge, and, if it be found

legal, let it be made known to the superior judge; if the superior

judge finds the ground for an appeal insufficient, he must return

the appellant to the judge of the first instance, who shall condemn

him to pay the expenses also of the other party. Otherwise let

him proceed, saving, of course, the ordinances governing the
causae

majores,
which must be referred to the Apostolic See.
CANON 36
Summary. If a judge from whose interlocutory sentence an appeal

has been taken does not execute it, he can proceed with the principal

cause.
Text.
When an ordinary or delegated judge has pronounced

a interlocutory sentence, the execution of which would be oppressive

to to one of the litigants, but following prudent counsel from

carrying into effect this threat or interlocutory sentence. He

can proceed with the principal cause, even if an appeal been taken

from such a threat or interlocutory sentence (provided he be not

suspected from another legitimate source), so that the progress

of the case may not be delayed by trifling circumstances.
CANON 37
Summary. No one may by means of Apostolic letters be summoned

before a judge who is distant more than two days from his diocese,

except with the consent of both parties or express mention is

made of this decree. Without an order from the other party, such

letters are invalid.
Text.
Some, abusing the good will of the Apostolic See,

attempt to obtain from it letters whereby their disputes may be

referred to judges residing at a remote distance. This they do

to fatigue the accused with labor and expenses, that thus he may

be compelled to yield in the matter under dispute or by payment

free himself from the vexations of the plaintiff. Since however

a legal trial ought not to open the door to injustice, as is forbidden

by the law, we decree that no one may by means of Apostolic letters

be summoned before a judge who is distant more than two days from

his diocese, except with the consent of both parties or express

mention is made of this decree.
There are also others who, turning themselves to a new kind of

commercialism, that they may revive old complaints or introduce

new questions, fabricate causes, on the strength of which they

seek letters from the Apostolic See without a mandate from the

person for whom they act, which letters they offer for sale either

to the accused party that with their aid he may not be exposed

to the loss of labor and expenses, or to the plaintiff that with

these he may fatigue his opponent by undue vexations. Since, however,

disputes are to be restricted in number rather than multiplied,

we decree that if anyone shall in the future presume to seek Apostolic

letters upon any question without a special mandate from the person

for whom he is acting, such letters shall be regarded as invalid,

and he shall be punished as a falsifier, unless perchance it be

a question of persons from whom a mandate ought not be legally

required.
CANON 38
Summary. A judge must employ a notary or two competent men

to put in writing the acts of the judicial process, so that if

a dispute arise regarding any action of the judge, the truth can

be established by referring to these documents. If any difficulty

should arise because of a neglect of this, let the judge be punished.
Text.
Since against the false assertion of an unjust judge

the innocent party sometimes cannot prove the truth of a denial,

because by the very nature of things there is no direct proof

of one denying a fact, that falsity may not prejudice the truth,

and injustice may not prevail over justice, we decree that in

an ordinary as well as extraordinary inquiry
(judicium)
let

the judge always employ either a public person (if he can be had)

or two competent men who shall faithfully take down in writing

all the acts of the inquiry, namely, citations and delays, refusals

and exceptions, petitions and replies, interrogations and confessions,

the depositions of witnesses and preesentation of documents, interlocutions,

appeals, renunciations, decisions, and other acts which take place

must be written down in convenient order, the time, places, and

persons to be designated. A copy of everything thus written is

to be handed to each of the parties, the originals are to remain

in possession of the writers; so at if a dispute should arise

in regard to any action of the judge, the truth can be established

by a reference to these documents. This provision is made to protect

the innocent party against judges who areimprudent and dishonest.

A judge who neglects to observe this decree, if on account of

this neglect some difficulty should arise, let him be duly punished

by a superior judge; nor is there any presumption in favor of

doing things his way unless it be evident from legitimate documents

in the case.
CANON 39
Summary. Anyone who knowingly accepts a stolen article must

restore it to the one from whom it was taken.
Text.
It often happens that a thief transfers to another

what he has unjustly taken, and the one robbed is rendered helpless

in any process against the possessor to obtain restitution, because

the claim of possession having vanished on account of the difficulty

or lack of proof, the right of ownership ceases. Wherefore,

notwithstanding the rigor of the civil law, we decree that if

anyone in the future shall knowingly accept such an article, thus

becoming a participant in the theft-for after all there is little

difference, especially when it is a question of danger to the

soul, whether one holds unjustly or takes what belongs to another-the

one robbed is to be assisted to obtain restitution from such a

possessor.
CANON 40
Summary. The plaintiff is still the owner of the article that

has for one year by violence or deceit been withheld from him.
Text.
It sometimes happens that the plaintiff to whom,

in consequence of the non-appearance
(contumacia,
that

is, disobedience) of the opposing party, the possession of the

object in dispute is judicially awarded, cannot on account of

the violence or deceit of the accused obtain actual possession

for a whole year, and thus, since in the opinion of many he is

not after the lapse of a year to be regarded as the owner, the

malice of the accused gains the advantage. Therefore, that the

condition of the disobedient may not be better than that of the

obedient, we decree that in the aforesaid case even after the

lapse of a year the plaintiff is the true owner.
In general we forbid that decisions in ecclesiastical matters

be referred to a layman, because it is not becoming that a layman

should arbitrate in much matters.
CANON 41
Summary. No prescription is valid unless it rests on good faith.
Text.
Since all that is not of faith is sin (Rom. 14: 23),

we decree that no prescription, whether canonical or civil, is

valid unless it rests on good faith; because in a general way

a prescription that cannot be maintained without mortal sin is

in conflict with all law and custom. Wherefore it is essential

that he who holds a prescription should at no time be aware of

the fact that the object belongs to another.
CANON 42
SUMMARY No cleric may so extend his jurisdiction as to become

detrimental to secular justice.
Text.
As desirous as we are that laymen do not usurp the

rights of clerics, we are no less desirous that clerics abstain

from arrogating to themselves the rights of laymen. Wherefore

we forbid all clerics so to extend in the future their jurisdiction

under the pretext of ecclesiastical liberty as to prove detrimental

to secular justice; but let them be content with the laws and

customs thus far approved, that the things that are Caesar's may

be rendered to Caesar, and those that are God's may by a just

division be rendered to God.
CANON 43
Summary. Clerics under no obligation to laymen in matters temporal

are not bound to take an oath of fidelity to them.
Text.
Some laymen (that is, princes) attempt to usurp too

much of the divine right when they compel ecclesiastical persons

who are under no obligation to them in matters temporal, to take

an oath of fidelity to them. Wherefore, since according to the

Apostle, "To the Lord the servant standeth or falleth"

(Rom. 14: 4), we forbid by the authority of the sacred council

that such clerics be forced by secular persons to take an oath

of this kind.
CANON 44
Summary. Alienation of ecclesiastical properties by laymen

without the legitimate 3sent of ecclesiastical authority is forbidden.
Text.
Since no power to dispose of ecclesiastical properties

has been given to laymen, even though they be pious, their duty

being to obey, not to command, we regret that in some of them

charity has grown so cold that they do not fear in their laws

or rather monstrosities
(confictionibus)
to attack the

immunity of ecclesiastical property, which not only the holy fathers

but also the secular princes have fortified with many privileges;

presuming illicitly that power not only in the matter of the alienation

of fiefs and other ecclesiastical possessions and of the usurpation

of jurisdictions, but also in the matter of mortuaries and other

things that seem annexed to the spiritual right. Wishing, therefore,

in this matter to secure the churches against loss and to provide

against such injustice, we decree with the approval of the sacred

council that laws of this kind and appropriations of fiefs and

other ecclesiastical properties made without the legitimate consent

of ecclesiastical persons under pretext of lay power, do not hold,

since they cannot be called laws but rather want of law or destruction

and usurpation of jurisdiction, and those having recourse to such

presumptions are to be checked ecclesiastical censure.
CANON 45
Summary. Patrons and others who exceed their rights in the

matter of church government are to be restrained by censures.

If they kill or mutilate a cleric, they shall lose their rights

and to the fourth generation their posterity shall be excluded

from clerical state.
Text.
In some provinces patrons, vicegerents, and advocates

of churches have so far advanced in insolence that not only do

they create difficulties and mischief when vacant churches are

to be provided with competent pastors, but they also presume to

administer the possessions and other ecclesiastical goods at

their own will; and what is worse, they do not fear to put the

prelates to death. Since, therefore, what has been ordained as

a means of defense must not br perverted into an instrument of

destruction, we expressly forbid patrons, advocates, and vicegerents

in the future to extend their jurisdiction in the aforesaid matter

beyond what is permitted them by law. and should they act contrary

to this, let them be restrained by canonical penalties. With the

approval of the holy council we decree that if patrons, advocates,

feudal tenants, vicegerents, or other beneficiaries should presume

either
per se or per alios
to kill or mutilate the rector

of some church or another cleric of that church, the patrons shall

lose absolutely their right of patronage, the advocates their

office of counselor, the feudal tenants their fief, the vicegerents

their vicegerency, and beneficiaries their benefice. That the

punishments may not be impressed upon the memory less deeply than

the excesses, not only shall their heirs be deprived of all favors

accruing to them from the aforesaid offices, but to the fourth

generation the posterity of such shall be absolutely excluded

from the clerical state, nor may they hold the office of prelate

it, religious houses, unless by an act of mercy they have received

a dispensation.
CANON 46
Summary. Clerics should not contribute to the needs of cities

and other localities, even where the resources of the lay people

do not suffice, without first consulting the Roman pontiff. Laws

by those excommunicated are null. Rulers remain excommunicated

after the expiration of their term of office till they have made

satisfaction.
Text. Against magistrates and rulers of cities and others who

strive to oppress churches and ecclesiastical persons with taxes

and other exactions, the Lateran Council, [III Lat, canon 9] desiring

to protect ecclesiastical immunity, prohibited actions of this

kind under penalty of anathema, commanding that transgressors

and their abetters punished with excommunication until they make

suitable satisfaction. But, if the bishop with his clergy should

perceive such necessity or utility and without compulsion decide

that the aid of the churches ought to be enlisted to meet the

needs where the resources of the lay people do not suffice, let

the aforesaid lay people accept such assistance humbly, devoutly,

and with gratitude. However, on account of the boldness of some,

let them first consult the Roman pontiff, to whom it belongs to

attend to common needs. But, if even this does not allay the malice

of some toward the Church of God, we add that the laws and enactments

which have been promulgated by excommunicated persons in this

matter or by their orders, be considered null and void and at

no time whatever
be regarded as valid. But, since fraud and deception ought not

to protect anyone, let no one be deceived by the illusion that,

although a ruler may incur anathema during the period of his incumbency,

yet on the expiration of his term of office there will be no compulsion

to make due satisfaction. For both he who refuses to make satisfaction

and his successor, if they do not make satisfaction within a month,

we decree that they remain bound by ecclesiastical censure until

they have made suitable satisfaction, since he assumes the burden

who is successor in the honor.
CANON 47
Summary. Prelates are not to excommunicate subjects without

a previous warning and without a reasonable cause; those guilty

of this shall be punished. A subject also shall be punished who

falsely protests that he has been unjustly excommunicated.
Text.
With the approval of the holy council we prohibit

the promulgation of the sentence of excommunication against anyone

without a previous warning and in the presence of suitable persons

by whom, if need be, such admonition can be proved. Should anyone

act contrariwise, even if the sentence of excommunication is a

just one, let him know that he is forbidden entrance to the church

for a period of one month, which punishment, however, is to be

altered should it be deemed advisable. Let also proper precaution

be taken against excommunicating anyone without a just and reasonable

cause; should this perchance have happened and he who imposed

the sentence does not care to withdraw it without complaint, then

the one injured may take his complaint of unjust excommunication

to a superior, who, if there be no danger in delay, shall send

him back to the excommunicator with the command that he absolve

him within a specified time; otherwise he himself, should it seem

fit, after the presentation of a sufficient reason, will grant

him the required absolution either
per se or per alium.
When

it is an evident case against the excommunicator of unjust excommunication,

let him again be condemned to pay all the expenses and to repair

all the damages incurred by the one unjustly excommunicated;

if, however, the gravity of his fault demands it, let him be punished

in accordance with the judgment of the superior, since it is not

a trivial fault 'to impose such a punishment on an innocent person,

unless per chance he erred from a probable cause, especially if

there was apparently good ground for his action. But if against

the sentence of excommunication no reasonable proof was offered

by the complainant, then for the unjust annoyance of his complaint

let him condemned to pay the expenses and repair the damages,

or else, let him be punished in accordance with the decision of

the superior, unless perchance probable error likewise excuses

him; and in regard to the matter for which he was excommunicated,

through an adequate pledge let him be compelled to make satisfaction,

or let the original sentence be reimposed even for the purpose

of forcing him to make condign satisfaction. But if the judge,

recognizing his error, is prepared to revoke such a sentence,

and he on whom it was imposed appeals against such a revocation

unless satisfaction is made, let him not heed the appeal unless

it be an error about which there can be a just doubt, and then

on the receipt of a satisfactory pledge that he will obey the

summons of him to whom the appeal has been made, or of one delegated

by him, let him absolve the one excommunicated and thus he will

in no way incur the penalties prescribed; let him be careful,

however, not to forge an error to the detriment of another if

he wishes to escape canonical punishment.
CANON 48
Summary. Provision is made that no one may through frivolous

refusal deny or reject the jurisdiction of his judge.
Text.
By a special prohibition it has been provided that

a sentence of excommunication be promulgated against no one without

a previous warning. Wishing to forestall any attempt on the part

of the one thus warned to avoid, under pretext of deceitful refusal

or appeal, the inquiry of the one giving the admonition, we decree

that, should he assert that he entertains a suspicion in regard

to the judge, let him in the presence of the judge indicate the

cause of his just suspicion, and let him with his opponent, or

if he has no opponent, with the judge, conjointly choose arbiters,

or if together they cannot agree, let them choose without ill

will two, he one and the judge the other, who may inquire into

the cause of the suspicion; and if they cannot come to an agreement,

let them ask for a third party, so that what two of them decide

may obtain greater weight. Let them know also that, by reason

of a strict precept enjoined by us in virtue of obedience under

witness of the divine judge, they are bound to execute this faithfully.

If the true cause of the suspicion has not been proved by them

within a reasonable period of time, let the judge use his jurisdiction;

but if it has been legitimately proved, then let the judge with

the consent of the one who suspected him commit the matter to

a competent person, or let him submit it to the superior, that

the latter may take such action in his regard as should be taken.
Moreover, in case the one warned should resort to an appeal, let

no heed be given to a provocation of this kind if from the evidence

of the case or from his confession or from another source his

guilt has been clearly established, since the remedy of appeal

was not instituted for the defense of iniquity but for the protection

of the innocent. If his guilt is doubtful, that he may not impede

the process of the judge by recourse to a frivolous appeal, let

him explain in the judge's presence the probable ground of the

appeal, namely, such a ground as, if proved, would be regarded

as valid. If he has an opponent, the cause of the appeal is to

be continued within a period fixed by the same judge, due consideration

being given to the distance, time, and nature of the business;

if h does not care to continue it, then, notwithstanding the appeal,

let the judge proceed with it. If there is no opponent and the

cause of the appeal has been proved before the superior judge,

let the latter exercise his jurisdiction. But, if the appellant

fails in his proof, then he case is to be returned to the judge

from whom he deceitfully 'appealed.
These two aforesaid decrees, however, we do not wish to be applied

to regulars, who have their own special observances.
CANON 49
Summary. The sentence of excommunication is not to be imposed

with a view of satisfying greed, and anyone so guilty is to be

severely punished.
Text.
Under threat of the divine judge we absolutely forbid

that anyone, impelled solely by greed, dare bind one with the

chain of excommunication or absolve one so bound, especially in

those regions where it is customary, when the one excommunicated

is absolved impose a pecuniary punishment on him; and we decree

that when it is agreed that the sentence of excommunication was

an unjust one. The excommunicator be compelled by ecclesiastical

censure to restore the money thus extorted; and, unless he was

deceived by a probable error, let him make full compensation

for the injury sustained. If he fails to do this, let other penalties

be imposed.
CANON 50
Summary. The prohibitions against marriage in the second and

third degrees of affinity and against the union of the offspring

from second marriages to a relative of the first usband, are removed.

This prohibition does not apply beyond the fourth degree of consanguinity

and affinity.
Text.
It must not be deemed reprehensible if human statutes

change sometimes with the change of time, especially when urgent

necessity or common interest demands it, since God himself has

changed in the New Testament some things that He had decreed in

the Old. Since, therefore, the prohibition against the contracting

of marriage
in secundo et tertio genere affinitatis
and

that against the union of the offspring from second marriages

to a relative of the first husband, frequently constitute a source

of difficulty and sometimes are a cause of danger to souls, that

by a cessation of the proibition the effect may cease also, we,

with the approval of the holy council, revoking previous enactments

in this matter, decree in the resent statute that such persons

may in the future contract marriage without hindrance. The prohibition

also is not in the future to affect marriages beyond the fourth

degree of consanguinity and affinity; since in degrees beyond

the fourth a prohibition of this kind cannot be generally observed

without grave inconvenience. This quaternary number agrees well

with the prohibition of corporal wedlock of which the Apostle

says that "the wife hath not power of her own body, but the

husband; and in like manner the husband also hath not power of

his own body, but the wife" (I Cor. 7: 4); because there

are four humors in the body, which consists of four elements.

Since therefore the prohibition of conjugal union is restricted

to the fourth degree, we wish that it remain so
in perpetuum,
notwithstanding the decrees already issued relative to this

matter either by others or by ourselves, and should anyone presume

to contract marriage contrary to this prohibition, no number of

years shall excuse him, since duration of time does not palliate

the gravity of sin but rather aggravates it, and his crimes are

the graver the longer he holds his unhappy soul in bondage .[

cf. I Lat, canon 5].
CANON 51
Summary. Clandestine marriages and witness to them by a priest

are forbidden. Marriages to be contracted must be published in

the churches by the priests so that, if legitimate impediments

exist, they may be made known. If doubt exists, let the contemplated

marriage be forbidden till the matter is cleared up.
Text.
Since the prohibition of the conjugal union in the

three last degrees has been revoked, we wish that it be strictly

observed in the other degrees. Whence, following in the footsteps

of our predecessors, we absolutely forbid clandestine marriages;

and we forbid also that a priest presume to witness such. Wherefore,

extending to other localities generally the particular custom

that prevails in some, we decree that when marriages are to be

contracted they must be announced publicly in the churches by

the priests during a suitable and fixed time, so that if legitimate

impediments exist, they may be made known. Let the priests nevertheless

investigate whether any impediments exist. But when there is ground

for doubt concerning the contemplated union, let the marriage

be expressly forbidden until it is evident from reliable sources

what ought to be done in regard to it. But if anyone should presume

to contract a clandestine or forbidden marriage of this kind within

a prohibited degree, even through ignorance, the children from

such a union shall be considered illegitimate, nor shall the ignorance

of the parents be pleaded as an extenuating circumstance in their

behalf, since they by contracting such marriages appear not as

wanting in knowledge but rather as affecting ignorance. In like

manner the children shall be considered illegitimate if both parents,

knowing that a legitimate impediment exists, presume to contract

such a marriage
in conspectu ecclesiae
(not clandestinely)

in disregard of every prohibition. The parochial priest who deliberately

neglects to forbid such unions, or any regular priest who presumes

to witness them, let them be suspended from office for a period

of three years and, if the nature of their offense demands it,

let them be punished more severely. On those also who presume

to contract such marriages in a lawful degree, a condign punishment

is to be imposed. If anyone maliciously presents an impediment

for the purpose of frustrating a legitimate marriage, let him

not escape ecclesiastical punishment.
CANON 52
Summary. In the matter of consanguinity and affinity, hearsay

evidence is not to be relied on unless it comes from reputable

persons to whom uprightness is a precious asset.
Text.
Through some necessity the common mode of procedure

in computing the degree of consanguinity and affinity has been

re placed by another, namely, hearsay testimony, since on account

of the shortness of human life eye-witnesses cannot be had in

the matter of reckoning to the seventh degree. But, since we have

learned from many instances and from experience that, in consequence

of this, legitimate marriages are beset with many dangers, we

decree that in this matter hearsay witnesses be not received in

the future, since the prohibition now does not extend beyond the

fourth degree, unless they be reputable persons to whom uprightness

is a precious asset and who before the dispute arose obtained

their testimony from those gone immediately before, not from one

indeed, since he would not suffice if he were living, but from

two at least, who must have been reliable persons, beyond suspicion

and of good faith, since it would be absurd to admit them if their

informants were worthy only of rejection. Not even if one person

has obtained his testimony from many, or if an unreliable person

has obtained his from men of good faith, must they be admitted

as many and suitable witnesses, since even in the ordinary judicial

processes the statement of one witness does not suffice, even

though he shine in all the splendor of gubernatorial dignity,

and, moreover, legitimate acts are denied to persons of a disreputable

character. Witnesses of this kind must declare on oath that in

giving their testimony they are not actuated by hatred, fear,

love, or self interest; let them designate persons by their names

or by a satisfactory description or circumlocution, and distinguish

by a clear computation each degree on both sides, and let them

include in their oath that they obtained their information from

their forefathers and believe it to be so. But neither do such

witnesses suffice unless they declare on oath that they have seen

persons who belonged to at least one of the aforesaid degrees

and who acknowledged themselves blood relatives. For it is more

tolerable that some who have been united contrary to the laws

of men be separated than that those who have been legitimately

united separate in violation of the laws of God.
CANON 53
Summary. Owners who commit their estates to people that pursuant

of their rites do not pay tithes, must be compelled to pay them

in full.
Text.
In some localities there dwell people who according

to their rites are not accustomed to pay tithes, though they are

considered Christians. To these some owners entrust the cultivation

of their estates, in order to defraud the churches of tithes and

thus realize greater profits. Wishing, therefore, to safeguard

the churches against loss in this matter, we decree that the owners

may entrust to such people and in such a manner the cultivation

of their estates, but they must without argument pay to the churches

the tithes in full, and to this let them be compelled, if necessary,

by ecclesiastical censure. All tithes due by reason of the divine

law or by reason of an approved local custom must be paid.
CANON 54
Summary. The payment of tithes takes precedence over the payment

of taxes and other expenses, and those who invert this order are

to be punished.
Text.
Since it is not in the power of man that the seed

yield a return to the sower, because according to the words of

the Apostle, "Neither he that planteth is anything, nor he

that watereth; but God who giveth the increase" (I Cor. 3:

7), the decayed seed producing much fruit, some impelled too much

by avarice strive to defraud in the matter of tithes, deducting

from the profits and first fruits taxes and other expenses on

which at times they thus escape the payment of tithes. But since

the Lord, as a sign of His universal dominion, formerly reserved

tithes to Himself by a special title, we, wishing to safeguard

the churches against loss and souls against danger, decree that

by the prerogative of general dominion the payment of tithes precedes

the payment of taxes and other expenses, or at least they to whom

the taxes and other expenses are paid but from which the tithes

have not been deducted, should be compelled by ecclesiastical

censure to pay the tithes to the churches to which they are legally

due, since the obligation that attaches to a thing passes with

the thing from one possessor to another.
CANON 55
Summary. The Cistercians and other monks must pay tithes to

the churches from strange lands or from lands they may acquire

in the future, even if they cultivate them with their own hands.
Text.
Lately the abbots of the Cistercian order in general

chapter assembled wisely decided in reference to our warning,

that in the future the brethren of that order purchase no property

on which tithes are due to the churches, unless it be for the

purpose of establishing new monasteries. And if such possessions

have been given to them through the pious generosity of the faithful

or bought for them for the purpose of founding new monasteries,

they may commit their cultivation to others by whom the tithes

will be paid to the churches, lest by reason of their privileges

the churches be further oppressed. We decree, therefore, that

from strange lands or from lands that they may acquire in the

future, though they cultivate them with their own hands or at

their own expense, they pay the tithes to the churches to which

they were formerly paid, unless they make some other arrangement

with those churches. We therefore, holding this decree acceptable

and accepted, wish it to be extended also to other regulars who

enjoy similar privileges, and we ordain that the prelates of the

churches be more willing and energetic in punishing evil doers

and strive to observe their privileges better and more perfectly.
[Note by Schroeder: By the common law monks as well as laymen

were obliged pay tithes from the fruits of their estates. This

was the ancient discipline of the Church. The first who absolved

monks from the obligation of paying tithes from their landed possessions

seems to have been Gregory VII. Later, Paschal II exempted monks

and canons regular from the payment of tithes from lands that

they cultivated with their own hands. This privilege of Paschal

was granted primarily in favor of the Cistercian Order, which

in its beginnings was very poor. When later the order became immensely

wealthy, especially in landed possessions, this privilege became

the fruitful source of conflict between the Cistercian Order and

the bishops. Hence it was enacted in this decree that from all

strange lands and lands that may be acquired in the future, even

if cultivated with their own hands or at their own expense, tfie

Cistercians as well as other regulars who enjoy similar privileges,

must pay tithes to the churches to which they were formerly paid

or make some other arrangement with those churches. Thomassin,
Vetus et nova ecclesiae discipline
, P. III, lib. 1, cap.

9.]
CANON 56
Summary. It is forbidden to make contracts prejudicial to parochial

churches.
Text.
Many regular and secular clerics, we understand,

when i sometimes they lease houses or grant fiefs, make a contract

prejudicial to parochial churches, namely, that the administrator

or feudal tenants pay the tithes to them and choose burial among

them. But, since this is prompted by avarice, we absolutely condemn

a contract of this kind and declare that whatever has been received

by means of such a contract must be returned to the parochial

church.
CANON 57
Summary. Only members of a religious order and those who have

given their possessions to the order, retaining for themselves

only the usufruct, may be buried during the period of an interdict.

To religious coming to an interdicted locality, only one church

may be opened, and that merely once a year.
Text.
That the privileges which the Roman Church has granted

to some religious may be maintained in their entirety, we take

occasion to make clear some things in regard to them, lest being

misunderstood they lead to abuse, by reason of which they may

be rightly revoked, because he deserves to lose privileges who

abuses the benefits which they confer. The Apostolic See has granted

permission to some regulars that to those who have become members

of their order, ecclesiastical burial may not be denied if the

churches to which they belong should be under interdict, provided

they themselves are not excommunicated or nominally interdicted;

and they may, therefore, take their brethren, whom the prelates

of the churches are not permitted to bury from their churches,

to their own churches for burial, if they (the deceased confrères)

were not nominally under excommunication or interdict. By brethren

we understand both those who, having lived in the world, gave

themselves to their order and accepted its habit, and those who

gave their possessions to the order, retaining for their own maintenance

during life only the usufruct, who, however, may be buried from

non interdicted churches of regulars or others in which they may

choose to be buried; it is not, however, to be understood of those

who join their fraternity and contribute annually no more than

two or three denarii, for this would upset ecclesiastical order

and discipline. Yet these also obtain a certain remission granted

to them by the Apostolic See.
That other privilege also that has been granted to some regulars,

namely, that when any of their brethren who have been sent by

them to collect (alms), arrive in any city, fortified town, or

village, if perchance that place be under interdict, in view of

their joyful arrival the churches may be opened once a year for

the celebration of the divine offices for those not under excommunication,

we wish tt) be understood thus: that in each city, fortified town,

or village, only one church of the same order may, as has been

said, be opened to the brethren once a year; for though the statement,

that on their joyful arrival the churches may be opened, is plural,

yet it is not to be understood as referring to the churches of

the same place separately, but to the churches of the aforesaid

places collectively otherwise, if they should visit each church

of the same place, the interdict would be too much disregarded.

Whoever shall presume to act contrary to these enactments, let

him be subject to severe penalties.[cf. III Lat, canon 9]
CANON 58
Summary. During a general interdict the bishops may within

closed doors celebrate the divine services for those not affected

by the interdict.
Text.
The privilege that has been granted to some religious

we concede also to bishops, that, when the entire territory is

under Interdict, those excommunicated and interdicted being excluded,

they may sometimes with the doors closed, in a low voice and without

the ringing of bells, celebrate the divine offices, unless this

is expressly covered by the interdict. But we grant this to those

only who in no way shared in the cause of the interdict or injected

treachery or fraud, drawing out such a brief period to iniquitous

loss.
CANON 59
Summary. Religious are forbidden to go security for or to borrow

money from anyone beyond a fixed sum without the consent of the

abbot or the greater part of the chapter.
Text.
What has been forbidden by the Apostolic See to some

religious orders, we wish and command to be extended to all, namely,

that no religious may, without the permission of the abbot and

of the greater part of his chapter, go security for anyone or

borrow money from anyone beyond an amount fixed by common agreement;

otherwise the convent is not held in any degree responsible for

such things, unless perchance it is evident that his action would

redound to the advantage of the convent. Anyone who presumes to

act contrary to this, let him be subject to severe discipline.
CANON 60
Summary. Abbots are forbidden to interfere in matters that

belong to the jurisdiction of the bishops.
Text. From different parts of the world complaints of bishops

come to us in regard to grave excesses of some abbots, who, not

content within their own spheres, extend their hands to those

things that concern the episcopal office, deciding matrimonial

cases, imposing public penances, granting letters of indulgences,

and similar things, whence it sometimes happens that the episcopal

authority is looked upon by many as something of trifling importance.

Wishing, therefore, in these matters to safeguard the dignity

of the bishops and the welfare of the abbots, we absolutely forbid

in the present decree that abbots presume to overreach themselves

in such matters if they wish to escape canonical penalties, unless

they can by a special concession or other legitimate reason defend

themselves in matters of this kind.
CANON 61
Summary. Religious are forbidden to receive churches and tithes

from laymen without the consent of the bishops. In churches that

do not belong to them pleno jure, the priests must be appointed

by the bishops on presentation.
Text.
In the Lateran Council regulars were forbidden to

receive churches and tithes from the hands of laymen without the

consent of the bishops, and under no circumstances to admit
ad

divina
those excommunicated or nominally under interdict.

[cf. III Lat, canon 9] Wishing to curb this evil more effectively

and provide that transgressors meet with condign punishment, we

decree that in churches that do not pleno
jure
belong to

them, they present to the bishops priests to be appointed in accordance

with the statutes of that council, that they may be responsible

to them in those things that pertain to the
cura animarum;
in temporal affairs, however, let them render a satisfactory

account to the monasteries. Those who have been appointed, let

them not dare remove without the approval of the bishops. We add,

moreover, that care be taken to present such priests as are known

for their uprightness and ability or whom the probable testimony

of the bishops recommends.
CANON 62
Summary. Relics are not to be sold or put on exhibition, lest

the people be deceived in regard to them. Seekers of alms are

not to be admitted unless they can exhibit letters of the Apostolic

See or of the bishops, and they may not preach anything not contained

in the letters. On the occasion of the dedication of a-church,

an indulgence of not more than one year may be granted; on the

anniversary of the dedication-, it may not exceed forty days.
Text. From the fact that some expose for sale and exhibit promiscuously

the relics of saints, great injury is sustained by the Christian

religion. That this may not occur hereafter, we ordain in the

present decree that in the future old relics may not be exhibited

outside of a vessel or exposed for sale. And let no one presume

to venerate publicly new ones unless they have been approved by

the Roman pontiff. In the future prelates shall not permit those

who come to their churches
causa venerationis
to be deceived

by worthless fabrications or false documents as has been done

in many places for the sake of gain. We forbid also that seekers
(quaestores)
of alms, some of whom, misrepresenting themselves,

preach certain abuses, be admitted, unless they exhibit genuine

letters either of the Apostolic See or of the diocesan bishop,

in which case they may not preach anything to the people but what

is contained in those letters. We give herewith a form which the

Apostolic See commonly uses in granting such letters, that the

diocesan bishops may model their own upon it. The following is

the form:
Forma litterarum praedicatorum
Quoniam, ut ait Apostolus, omnes stabimus ante tribunal Christi,

recepturi prout in corpore gessimus, sive bonum sive malum fuerit,

oportet nos diem messionis extremae misericordiae operibus praevenire,

ac aeternorum intuitu seminare in terris quod reddente Domino

cum multiplicato fructu colligere debeamus in caelis; firmain

spem, fiduciamque tenentes, quoniam "qui parce seminat, parce

et metet, et qui seminat in benedictionibus, de benedictionibus

et metet in vitam aeternam." Cum igitur ad sustentationem

fratrum et egenorum ad tale confluentium hospitals propriae non

suppetant facultates, universitatem vestram monemus et exhortamur

in Domino atque in remissionem vobis in' jungimus peccatorum,

quatenus de bonis a Deo vobis collatis pias eleemosynas et grata

eis caritatis subsidia erogatis, ut per subventionem vestram ipsorum

inopiae consulatur, et vos per haec et per alia bona, quae Domino

inspirante feceritis, ad aeterna possitis gaudia pervenire.
Those who are assigned to collect alms must be upright and discreet,

must not seek lodging for the night in taverns or in other unbecoming

places, nor make useless and extravagant expenses, and must avoid

absolutely the wearing of the habit of a false religious.
Since, through indiscreet and superfluous indulgences which some

prelates of churches do not hesitate to grant, contempt is brought

on the keys of the Church, and the penitential discipline is weakened,

we decree that on the occasion of the dedication of a church an

indulgence of not more than one year be granted, whether it be

dedicated by one bishop only or by many, and on the anniversary

of the dedication the remission granted for penances enjoined

is not to exceed forty days. We command also that in each case

this number of days be made the rule in issuing letters of indulgences

which are granted from time to time, since the Roman pontiff who

possesses the plenitude of power customarily observes this rule

in such matters .
CANON 63
Summary. It is simoniacal to demand something for the consecration

of bishops, the blessing of abbots, and the ordination of clerics;

nor is custom any excuse.
Text.
We have learned with certainty that in many places

and by many persons exactions and base extortions are made for

the consecration of bishops, the blessing of abbots, and the ordination

of clerics, and that a tax is fixed as to how much this one or

that one is to receive and how much this one or that one is to

pay; and what is worse, some endeavor to defend such baseness

and depravity by an appeal to a custom of long standing. Therefore,

wishing to abolish such abuse, we absolutely condemn a custom

of this kind, which ought rather to be called corruption, firmly

decreeing that neither for those conferring nor for the things

conferred shall anyone presume to demand or to extort something

under any pretext whatsoever. Otherwise both he that has received

and he that has given a price of this kind, shall share the condemnation

of Giezi and Simon. [cf. IV Kings 5:20-27, and Acts 8:9-24].
CANON 64
Summary. Religious are not to be received for a price. If this

happens, both the one receiving and the one received shall, without

hope of restoration, be removed from the community. Those who

were received in such a manner before the publication of this

decree, must be placed in other communities of the same order.
Text.
Since the stain of simony has so infected many nuns

that scarcely any are received into the community without a price,

doing this on the plea of poverty to conceal that evil, we strictly

forbid that this be done in the future, decreeing that whoever

in the future shall be guilty of such irregularity, both the one

receiving and the one received, whether subject or superioress,

shall, without hope of restoration, be removed from their monastery

to one of stricter observance to do penance for the remainder

of their life. Those nuns, however, who have been so received

before the publication of this decree, are to be removed from

the monasteries which they entered in a wrong manner and placed

in others of the same order. But if on account of lack of room

they cannot perchance be conveniently placed elsewhere, lest they

should to their own loss become wanderers in the world, let them

be received anew
per modum dispensationis
in the same monastery,

and from the priority of places which they held in the community

let them be assigned to lower ones. This we decree is to be observed

also with regar d to monks and other regulars. But, lest they

should attempt to excuse themselves on grounds of simplicity or

ignorance, we command the bishops to see to it that this decree

is published every year throughout their diocese.
CANON 65
Summary. Bishops are not to demand anything for the appointment

of pastors. Entrance into a monastery and burial must be free.
Text.
We have heard it said of some bishops that on the

death of rectors of churches they place the churches under interdict

and will not allow any persons to be appointed to the vacancies

till a certain sum of money has been paid them. Moreover, when

a soldier or cleric enters a monastery or chooses to be buried

among religious, though he has left nothing to the religious institution,

difficulties and villainy are forced into service till something

in the nature of a gift comes into their hands. Since, therefore,

according to the Apostle we must abstain not only from evil but

also from every appearance of evil, we absolutely forbid exactions

of this kind. If any transgressor be found, let him restore double

the amount exacted; this is to be placed faithfully at the disposal

of those localities to whose detriment the exactions were made.
CANON 66
Summary. The sacraments must be administered freely. The bishops

should exhort the people to retain pious customs.
Text.
It has frequently come to the ears of the Apostolic

See that some clerics demand and extort money for burials, nuptial

blessings, and similar things, and, if perchance their cupidity

is not given satisfaction, they fraudulently interpose fictitious

impediments. On the other hand, some laymen, under the pretext

of piety but really on heretical grounds, strive to suppress a

laudable custom introduced by the pious devotion of the faithful

in behalf of the church (that is, of giving freely something for

ecclesiastical services rendered). Wherefore, we forbid that such

evil exactions be made in these matters, and on the other hand

command that pious customs be observed, decreeing that the sacraments

of the Church be administered freely and that those who endeavor

maliciously to change a laudable custom be restrained by the bishops

of the locality when once the truth is known.
CANON 67
Summary. Jews should be compelled to make satisfaction for

the tithes and offerings e churches, which the Christians supplied

before their properties fell into of the Jews.
Text.
The more the Christians are restrained from the practice

of usury, the more are they oppressed in this matter by the treachery

of the Jews, so that in a short time they exhaust the resources

of the Christians. Wishing, therefore, in this matter to protect

the Christians against cruel oppression by the Jews, we ordain

in this decree that if in the future under any pretext Jews extort

from Christians oppressive and immoderate interest, the partnership

of the Christians shall be denied them till they have made suitable

satisfaction for their excesses. The Christians also, every appeal

being set aside, shall, if necessary, be compelled by ecclesiastical

censure to abstain from all commercial intercourse with them.

We command the princes not to be hostile to the Christians on

this account, but rather to strive to hinder the Jews from practicing

such excesses. Lastly, we decree that the Jews be compelled by

the same punishment (avoidance of commercial intercourse) to make

satisfaction for the tithes and offerings due to the churches,

which the Christians were accustomed to supply from their houses

and other possessions before these properties, under whatever

title, fell into the hands of the Jews, that thus the churches

may be safeguarded against loss.
CANON 68
Summary. Jews and Saracens of both sexes in every Christian

province must be distinguished from the Christian by a difference

of dress. On Passion Sunday and the last three days of Holy Week

they may not appear in public.
Text:
In some provinces a difference in dress distinguishes

the Jews or Saracens from the Christians, but in certain others

such a confusion has grown up that they cannot be distinguished

by any difference. Thus it happens at times that through error

Christians have relations with the women of Jews or Saracens,

and Jews and Saracens with Christian women. Therefore, that they

may not, under pretext of error of this sort, excuse themselves

in the future for the excesses of such prohibited intercourse,

we decree that such Jews and Saracens of both sexes in every Christian

province and at all times shall be marked off in the eyes of the

public from other peoples through the character of their dress.

Particularly, since it may be read in the writings of Moses [Numbers

15:37-41], that this very law has been enjoined upon them.
Moreover, during the last three days before Easter and especially

on Good Friday, they shall not go forth in public at all, for

the reason that some of them on these very days, as we hear, do

not blush to go forth better dressed and are not afraid to mock

the Christians who maintain the memory of the most holy Passion

by wearing signs of mourning.
This, however, we forbid most severely, that any one should presume

at all to break forth in insult to the Redeemer. And since we

ought not to ignore any insult to Him who blotted out our disgraceful

deeds, we command that such impudent fellows be checked by the

secular princes by imposing them proper punishment so that they

shall not at all presume to blaspheme Him who was crucified for

us.
[Note by Schroeder: In 581 the Synod of Macon enacted in canon

14 that from Thursday in Holy Week until Easter Sunday, .Jews

may not in accordance with a decision of King Childebert appear

in the streets and in public places. Mansi, IX, 934; Hefele-Leclercq,

111, 204. In 1227 the Synod of Narbonne in canon 3 ruled: "That

Jews may be distinguished from others, we decree and emphatically

command that in the center of the breast (of their garments) they

shall wear an oval badge, the measure of one finger in width and

one half a palm in height. We forbid them moreover, to work publicly

on Sundays and on festivals. And lest they scandalize Christians

or be scandalized by Christians, we wish and ordain that during

Holy Week they shall not leave their houses at all except in case

of urgent necessity, and the prelates shall during that week especially

have them guarded from vexation by the Christians." Mansi,

XXIII, 22; Hefele-Leclercq V 1453. Many decrees similar to these

in content were issued by synods before and after this Lateran

Council. Hefele-Leclercq, V and VI; Grayzel,
The Church and

the Jews in the XIlIth Century
, Philadelphia, 1933.]
CANON 69
Summary.
Jews are not to be given public offices. Anyone

instrumental in doing this is to be punished. A Jewish official

is to be denied all intercourse with Christians.
Text.
Since it is absurd that a blasphemer of Christ exercise

authority over Christians, we on account of the boldness of transgressors

renew in this general council what the Synod of Toledo (589) wisely

enacted in this matter, prohibiting Jews from being given preference

in the matter of public offices, since in such capacity they are

most troublesome to the Christians. But if anyone should commit

such an office to them, let him, after previous warning, be restrained

by such punishment as seems proper by the provincial synod which

we command to be celebrated every year. The official, however,

shall be denied the commercial and other intercourse of the Christians,

till in the judgment of the bishop all that he acquired from the

Christians from the time he assumed office be restored for the

needs of the Christian poor, and the office that he irreverently

assumed let him lose with shame. The same we extend also to pagans.
[Mansi, IX, 995; Hefele-Leclercq, III, 7.27. This canon 14

of Toledo was frequently renewed.]
CANON 70
Summary. Jews who have received baptism are to be restrained

by the prelates from returning to their former rite.
Text.
Some (Jews), we understand, who voluntarily approached

the waters of holy baptism, do not entirely cast off the old man

that they may more perfectly put on the new one, because, retaining

remnants of the former rite, they obscure by such a mixture the

beauty of the Christian religion. But since it is written: "Accursed

is the man that goeth on the two ways" (Ecclus. 2:14), and

"a garment that is woven together of woolen and linen"

(Deut. 22: ii) ought not to be put on, we decree that such persons

be in every way restrained b the prelates from the observance

of the former rite, that, having given themselves of their own

free will to the Christian religion, salutary coercive action

may preserve them in its observance, since not to know the way

of the Lord is a lesser evil than to retrace one's steps after

it is known.
HOLY LAND DECREES
Summary. A series of decrees dealing with the preparation of

a crusade to the Holy Land.
Text.
Desiring with an ardent desire to liberate the Holy

Land from the hands of the ungodly, we decree with the advice

of prudent men who are fully familiar with the circumstances of

the times, and with the approval of the council, that all who

have taken the cross and have decided to cross the sea, hold themselves

so prepared that they may, on June 1 of the year after next (1217),

come together in the Kingdom of Sicily, some at Brundusium and

others at Messana, where, God willing, we (the Pope) will be present

personally to order and to bestow on the Christian army the divine

and Apostolic blessing. Those who decide to make the journey by

land, should strive to hold themselves prepared for the same time;

for their aid and guidance we shall in the meantime appoint a

competent legate
a latere.
Priests and other clerics who

are with the Christian army, subjects as well as prelates, must

be diligent in prayer and exhortation, teaching them (the crusaders)

by word and example that they have always before their eyes the

fear and love of God, lest they say or do something that might

offend the majesty of the eternal King. And should any have fallen

into sin, let them quickly rise again through true repentance,

practicing humility both interiorly and exteriorly, observing

moderation in food as well as in clothing, avoiding dissensions

and emulations, and divesting themselves of all malice and ill

will, that being thus fortified with spiritual and material arms,

they may fight with greater success against the enemies of the

faith, not indeed relying on their own strength but putting their

trust in the power of God. To the clerics we grant for a period

of three years as complete an enjoyment of their benefices as

if they actually resided in them, and they may, if necessary,

even give them as pledges during this time. Therefore, that this

undertaking may not be impeded or retarded, we strictly command

all prelates that each one in his own territory induce those who

have laid aside the crusader's cross to resume it, and carefully

to admonish them and others who have taken the cross, as well

as those who happen to be engaged for this purpose, to renew their

vows to God, and if necessary to compel them by excommunication

and interdict to abandon all delay.
Moreover, that nothing connected with the affairs of our Lord

Jesus Christ be omitted, we wish and command that patriarchs,

archbishops, bishops, abbots, and others who have the care of

souls, diligently explain the meaning of the crusade to those

committed to them, adjuring-through the Father, Son, and Holy

Ghost, one, only true, and eternal God-kings, dukes, princes,

marquises, counts, barons, and other prominent men, as well as

cities, villages, and towns, that those who cannot go personally

to the Holy Land, will furnish a suitable number of soldiers and,

for a period of three years, in proportion to their resources,

will bear the necessary expenses connected therewith for the remission

of their sins, as we have made known in the general letters already

sent over the world and as will be,exprcssed in greater detail

below. In this remission we wish not only those to participate

who for this purpose furnish their own ships, but those also who

undertake to build ships. To those declining to render aid, if

perchance any should be found to be so ungrateful to God, the

Apostolic See firmly protests that on the last day they will be

held to render an account to us in the presence of a terrible

judge. Let them first consider with what security they can appear

in the presence of the only begotten Son of God, Jesus Christ,

into whose hands the Father has given all things, if in this matter

they refuse to serve Him who was crucified for sinners, by whose

favor they live, by whose benefits they are sustained, and by

whose blood they were redeemed.
But, lest we should seem to place grave and unbearable burdens

on the shoulders of the people, we ourselves (the Pope) donate

to the cause what we have been able to save by strict economy,

30,000 pounds, besides a ship to convey the crusaders from Rome

and vicinity and 3,000 marks silver, the remnant of alms received

from the faithful. The remainder we have given to Albert patriarch

of Jerusalem, and to the masters of the Temple and Hospital for

the necessities of the Holy Land. With the approval of the council

we further decree that absolutely all clerics, subjects as well

as superiors, shall, in aid of the Holy Land and for a period

of three years, pay into the hands of those appointed by the Apostolic

See for this purpose, one twentieth part of ecclesiastical revenues;

some religious orders only being excepted and those (clerics)

also who take or already have taken the crusader's cross and are

about to set out personally. We and our brethren, the cardinals

of the Holy Roman Church, will pay one-tenth of our revenues.

All are bound to the faithful observance of this under penalty

of excommunication, so that those who deliberately commit fraud

in this matter will incur that penalty.
Since by the just judgment of the heavenly King it is only right

that those who are associated with a good cause should enjoy a

special privilege, we exempt the crusaders from collections, taxes,

and other assessments. Their persons and possessions, after they

have taken the cross, we take under the protection of Blessed

Peter and our own, decreeing that they stand under the protection

o f the archbishops, bishops, and all the prelates of the Church.

Besides, special protectors will be appointed, and, till their

return or till their death shall have been certified, they shall

remain unmolested, and if anyone shall presume the contrary, let

him be restrained by ecclesiastical censure.
In the case of crusaders who are bound under oath to pay interest,

we command that their creditors be compelled to cancel the oath

given and to cease exacting interest. Should any creditor force

the payment of interest, we command that he be similarly forced

to make restitution. We command also that Jews be compelled by

the secular power to cancel interest, and, till they have done

so, intercourse with them must be absolutely denied them by all

Christians under penalty of excommunication. For those who cannot

be their departure pay their debts to the Jews, the secular princes

shall provide such a delay that from the time of their departure

till their return or till their death is known, they shall not

be embarrassed with the inconvenience of paying interest. If a

Jew has received security (for example, a piece of ground) for

such a debt, he must, after deducting his own expenses, pay to

the owner the income from such security. Prelates who manifest

negligence in obtaining justice for the crusaders and their servants,

shall be subject to severe penalty.
Since the corsairs and pirates too vehemently impede assistance

to the Holy Land by capturing and robbing those who go there and

those returning, we excommunicate them and their principal abetters

and protectors, forbidding under threat of anathema that anyone

knowingly hold intercourse with them in any contract of buying

and selling, and enjoin upon the rulers of cities and their localities

that they check and turn them away from this iniquity. And since

an unwillingness to disturb the perverse is nothing else than

to favor them, and is also an indication of secret association

with them on the part of those who do not resist manifest crime,

we wish and command that severe ecclesiastical punishment be imposed

by the prelates on their persons and lands. We excommunicate and

anathematize, moreover, those false and ungodly Christians who

furnish the enemies of Christ and the Christian people with arms,

iron, and wood for the construction of ships; those also who sell

them ships and who in the ships of the Saracens hold the post

of pilot, or in any other way give them aid or advice to the detriment

of the Holy Land; and we decree that their possessions be confiscated

and they themselves become the slaves of their captors. We command

that this sentence be publicly announced in all maritime cities

on all Sundays and festival days, and that to such people the

church be not opened till they return all that they have obtained

in so reprehensible a traffic and give the same amount of their

own -in aid of the Holy Land. In case they are not able to pay,

then let them be punished in other ways, that by their chastisement

others may be deterred from undertaking similar pursuits.
Furthermore, under penalty of anathema, we forbid all Christians

for a period of four years to send their ships to Oriental countries,

inhabited by the Saracens, in order that a greater number of ships

may be available to those who wish to go to the aid of the Holy

Land, and that to the Saracens may be denied the benefits that

they usually reap from such commercial intercourse.
Though tournaments have been, under certain penalties, generally

forbidden by different councils, since however at this time they

are a serious obstacle to the success of the crusade, we strictly

prohibit em under penalty of excommunication for a period of three

years.
But, since for the success of this undertaking it is above all

else necessary that princes and Christian people maintain peace

among themselves, we decree with the advice of the holy council

that for four years peace be observed in the whole Christian world,

so that through the prelates discordant elements may be brought

together in the fulness of peace, or at least to the strict observance

of the truce. Those who refuse to acquiesce in this, are to be

compelled by excommunication and interdict, unless the malice

that inspired their wrongdoings was such that they ought not to

enjoy such peace. But, if by chance they despise ecclesiastical

censure, they have every reason to fear lest by the authority

of the Church the secular power will be invoked against them as

disturbers of the affairs of the One crucified.
We, therefore, by the mercy of the omnipotent God, trusting in

the authority of the Blessed Apostles Peter and Paul, in virtue

of that power of binding and loosing which God has conferred on

us, though unworthy, grant to all who aid in this work personally

and at their own expense, a full remission of their sins which

they ,have sincerely repented and orally confessed, and promise

them when the just shall receive their reward an increase of eternal

happiness. To those who do not personally go to the Holy Land,

but at their own expense send there as many suitable men as their

means will permit, and to those also who go personally but at

the expense of others, we grant a full remission of their sins.

Participants of this remission are, moreover, all who in proportion

to their means contribute to the aid of the Holy Land, or in regard

to what has been said give opportune advice and assistance. Finally,

to all who in a spirit of piety aid in bringing to a successful

issue this holy under. taking, this holy and general council imparts

the benefits of its prayers and blessings that they may advance

worthily to salvation. Amen.
From H. J. Schroeder,
Disciplinary Decrees of the General Councils:

Text, Translation and Commentary
, (St. Louis: B. Herder, 1937).

pp. 236-296.
NOTE 1: B. Herder's list was bought by TAN books, of Rockford

IL. TAN confirmed that US copyright was not renewed after the

statuary 28 years and that the text is now in the public domain

in the US.]
NOTE 2: Fr. Schroeder accompanied the text with a commentary which,

while well informed, was dominated by a concern to defend Catholic

positions of his own time, and contained, moreover, a number of

verbal attacks on the Orthodox churches. This commentary has not

been reproduced here.]
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