Third Lateran Council (1179)

Canon 1

Hereafter the pope is to be chosen by a two-thirds majority of the electors who are present. Anyone acting contrary to this decision shall be excommunicated and excluded from the clerical state.

Though laws sufficiently clear have been issued by our predecessors to avoid contention in the election of a supreme pontiff, but because of the boldness of detestable ambition, the Church has frequently suffered grave schism notwithstanding these laws, to avoid this evil we have, with the advice of our brethren and with the approval of the holy council, decided to add something. We decree, therefore, that if by chance any hostile person has sown cockle among the cardinals to influence the election and if a complete agreement cannot be reached, two-thirds agreeing while the other third is unwilling to agree or arrogates the right to choose another, he without any exception shall be acknowledged as pontiff of the universal Church who has received two-thirds of the votes. But if anyone who has received only one-third of the votes should usurp the name of bishop (that is, bishop of Rome), both he and those who acknowledge him shall be excommunicated, excluded from the clerical state, and denied communion except Viaticum in ultimis; and unless they repent they shall share the fate of Dathan and Abiron, whom the earth swallowed alive. Moreover, if anyone should have been elected to the office of supreme pontiff by less than two-thirds of the votes, unless a greater harmony is effected, he shall by no means accept it; if he refuses to abstain from its acceptance, he shall be subject to the aforesaid penalties. This, however, is not prejudicial to the canonical laws and to the other Churches, in which the decision of the greater and more prudent part must be accepted, because whatever doubt may arise in such cases can be settled by the judgment of the superior. But in the Roman Church there is constituted something special, because recourse cannot be had to a superior.

Canon 2

The ordinations conferred by the antipopes are null and void. Likewise the ordinations performed by those consecrated by them.

Following the example of our predecessor Innocent (II), of happy memory, we declare null and void the ordinations conferred by the heresiarchs Octavian and Guido of Crema, as well as those by John of Struma who succeeded them. Likewise the ordinations performed by those consecrated by them. Those who have received ecclesiastical dignities or benefices from the hands of the aforesaid schismatics shall be deprived of the same. The alienation also of ecclesiastical properties by the same schismatics or by the laity, has no force and must be returned to the Church without any charge. If anyone presumes to act contrary to this, let him be excommunicated. Those who have freely sworn to adhere to the schism, we declare suspended from sacred orders and dignities.

Canon 3

A bishop should show in his own life how others are to conduct themselves. No one is to be promoted to the episcopate who has not attained the age of thirty years, is of legitimate birth and upright character. Bishops-elect who are not consecrated within the time specified by the canons, shall be deprived of their benefices. Candidates for inferior offices must be twenty-five years of age and, unless they receive sacred orders within a reasonable time, others shall replace them, notwithstanding appeals.

Since in sacred orders and ecclesiastical ministries maturity of age, integrity of morals, and a knowledge of letters are required, much more ought these to be looked for in a bishop, who, having the care of others, should show in his own life how others are to conduct themselves in the house of God. Wherefore, lest what has been done by some from force of circumstances should be transmitted as the accepted rule, we declare in the present decree that no one is to be promoted to the episcopate unless he has attained the age of thirty, is of legitimate birth, is known to be of upright character, and possesses the necessary knowledge. But, when he has been elected and has received the confirmation of his election and has taken over the administration of ecclesiastical properties, and the time specified by the canons within which bishops must receive consecration has expired, he whose duty it is shall have unrestricted authority to dispose of those benefices which he possessed. Inferior ministries also, as deaneries, archdeaconries, and others that involve the cura animarum and the government of parochial churches, shall not be conferred upon anyone unless he has attained the age of twenty-five and is able to meet the requirements in the matter of knowledge and morals. But when such an appointment has been made, and the archdeacon is not raised to the diaconate, and the dean and the others to the priesthood within the time fixed by the canons, they shall be removed from office and others who are willing and capable to discharge it satisfactorily are to be appointed. Nor shall recourse to an appeal avail them any, if by chance through an appeal they should wish to defend themselves in transgressing that law. This, we decree, is to be observed not only in regard to those who are being promoted but also in the case of those who have already been promoted, if it is not contrary to the canons. Clerics who should elect anyone contrary to this decree, shall be deprived of their right to vote and shall also be suspended from their ecclesiastical benefices for a period of three years. For it is but just that he whom the fear of God does not restrain from evil, should be coerced by the severity of ecclesiastical discipline. Has a bishop acted contrary to this or consented to such action, he shall lose his right of conferring the aforesaid benefices, and their bestowal shall devolve upon the chapter or the metropolitan in case the chapter cannot reach an agreement.

Canon 4

The council determines the number of horses prelates may take with them on their visitations. Bishops are forbidden to burden their subjects with onerous exactions. Archdeacons and deans may not impose taxes on clerics.

Since the Apostle decided to support himself and those accompanying him with his own hands that he might nullify the preaching of the false apostles, and at the same time not be a burden to those to whom he preached, it is a very serious matter and ought to be corrected, namely, that some of our brethren and bishops (in their visitations) make such exorbitant demands on their subjects that these are at times compelled to offer church ornaments for sale in order to meet these demands, and the food that would otherwise last a long time is consumed in one brief hour. Wherefore we decree that archbishops making their parochial visitations shall have in their trains not more than forty or fifty horses, according to the different conditions of the provinces and the resources of the churches; cardinals not more than twenty-five; bishops not more than twenty or thirty; archdeacons five or seven at most, and deans are to be content with two. Neither shall they take with them hunting dogs and birds, but on their journey let them seek not their own, but the things of Jesus Christ. Nor shall they ask for sumptuous meals, but with gratitude let them receive what has candidly and in proportion

3 C. 57, VI?, de elect., I, 6.

4 Kober, Die Suspension, 252 f.

5 The right of devolution goes back to early times. Traces of it seem to exist in canon 6 of the Synod of Sardica (c. 343). Gregory the Great (c.2, D. LXXXIX) ordained that each bishop should appoint a steward for his Church, and should he neglect to do so, he is to be chosen by the clergy. The Seventh General Council in canon 11 declared that if a metropolitan fails to appoint a steward for his Church, then the appointment devolves upon the bishop of Constantinople. The duty devolves upon the metropolitans if bishops subject to them neglect to appoint stewards for their Churches (c.5, C.IX, q.3). For elective prelacies the law or right of devolution does not antedate the Fourth Lateran Council (canon 23). Thomassin, Vetus et nova ecclesiae disciplina, Il, lib. 1, cap. 51; Ebers, Das Devolutionsrecbt, Stuttgart, 1906.

to circumstances been placed before them. We forbid also that bishops burden their subjects with taxes and onerous exactions. But in cases of necessity which sometimes arise, and in cases justified by a reasonable cause, they may make a moderate and charitable appeal to them for aid. For since the Apostle says: “Children ought not to lay up for the parents, but the parents for the children” (II Cor. 12: 14), much more unbecoming is it to paternal solicitude if bishops oppress their subjects instead of extending to them in their necessities the helping hand of a pastor. Archdeacons and deans shall impose no exactions or taxes on priests or clerics. What has been said above with reference to the number of horses tolerated, is to be observed in those places where the revenues and resources of the church are more abundant. But in the poorer places we enjoin the observance of the rule, that by the coming of many the few be not oppressed, lest by such favor (that is, the number of horses permitted in the earlier part of the canon) those who have heretofore been accustomed to use only a few horses, should thereby believe a greater liberty granted to them.

Canon 5

No one is to be ordained without a title unless he has means of his own.

Should a bishop ordain anyone to the diaconate or priesthood without a title from which he may derive the means of suitable subsistence, he shall provide such a one with means of proper support until he can assure him an ecclesiastical revenue, unless the cleric so ordained is secured against need by his own fortune or patrimony.®

Canon 6

No one is to be suspended or excommunicated without a previous canonical warning. No subject shall appeal before his case has been heard, especially if he be a religious. An appellant who does not appear when his case is called, shall make compensation to the judge.

A very reprehensible custom has grown up in some sections, namely, that our brethren and co-bishops, and also archdeacons, without any previous warning, impose the sentence of suspension or excommunication on those who they think are about to appeal their cases. Others also, fearing the sentence of the superior and canonical discipline, without any cause enter an appeal and for the defense of their iniquity have recourse to a means that is designed for the protection of the innocent. Wherefore, that prelates may not oppress their subjects without cause, and that subjects may not at will under the pretext of appeal evade the correction of prelates, we declare in the present decree that prelates shall not without a previous canonical warning impose on their subjects the sentence of suspension or excommunication, unless the offense be such that by its nature it calls for the penalty of excommunication without such warning; nor on the other hand shall subjects have recourse to appeal against ecclesiastical discipline before their case has been heard. But if anyone should consider it necessary to appeal, let a suitable time be determined for him to prosecute it, and, if within the time specified he fails to do so, then the bishop may freely use his authority. But if in any matter whatsoever an appeal has been made, and he to whom it has been directed (that is, the appellate judge) has come, whereas he who made it fails to appear, the latter, if he has any means, shall make suitable compensation to the former; that being thus deterred, an appeal may not be easily made by one to the detriment of the other party. And we wish this to be observed particularly in monasteries, that monks, or any religious for that matter, when they have to be corrected for some misdemeanor, may not presume to appeal against the regular discipline of the prelate and chapter, but let them receive humbly and devoutly what has been enjoined for their spiritual welfare.

Canon 7

Yt is simoniacal to exact fees for the installation of bishops, abbots, etc.; also for burials, obsequies, or nuptial blessings, and for the administration of the other sacraments.

Since in the Church all things ought to be done ex caritate, and what has been gratis received ought to be so dispensed, it is deplorable that in some Churches venality should exist to such an extent that something is expected for the installation of bishops, abbots, and other ecclesiastical persons in their sees or for the introduction of priests into their churches, as well as for burials, obsequies, and nuptial blessings or for the administration of other sacraments; so that he who is in need cannot receive these things unless he is prepared to meet the demands imposed. Many think themselves permitted to do this under the false impression that the law has been abrogated by long custom; being blinded by greed, they do not consider that crimes become graver the longer they are continued. Wherefore, that this may not happen in the future, we strictly forbid that something be demanded for the installation of ecclesiastical persons in their sees or of priests in their churches, or for burials and nuptial blessings, or the administration of the other sacraments. If anyone presume to act contrary to this, let him know that he shall share the fate of Giezi (IV Kings 5: 20-27), whose greed he imitated by his exactions.

We forbid, moreover, that bishops, abbots, and other prelates impose new taxes on the churches or increase old ones; nor shall they presume to appropriate to their own use a portion of the revenues; but the exemptions which they seek to retain for themselves, let them also be willing to retain for their subjects. Should anyone act otherwise, his action shall be considered null and void.

Canon 8

Ministries, benefices, and churches must not be conferred upon or promised to anyone before they are vacant. Even the pagans forbid this. But when an ecclesiastical office has become vacant, let it be filled within six months. If the bishop neglects to do so, then let it be done by the chapter.

No ecclesiastical ministries, benefices, or churches shall be bestowed upon or promised to anyone before they are vacant, lest such a one should desire the death of his neighbor in whose place and benefice he believes himself to be the successor. Since this is forbidden even by the laws of the pagans, it is too base and harbors the punishment of the divine judgment, if the hope of future succession, which even pagans are careful to condemn, should find a place in the Church of God. But when it happens that ecclesiastical prebends or any offices become vacant in some church, or even if they be now vacant, let them not long remain so, but within six months let them be conferred on persons who are worthy and capable of administering them. If the bishop, where this is his duty, delays to do so, let it be done by the chapter. If this duty belongs to the chapter and is not performed within the time prescribed, then the bishop with the advice of pious men shall make the appointments. But if all these are negligent in this matter, the metropolitan shall appoint to these offices without interference from them and in accordance with the interests of God.

Canon 9

Religious, also those exempt, may not receive churches and tithes from laics without the approval of the bishops. Likewise, without the approval of the bishops, they may not appoint priests to or remove them from churches that do not belong to them pleno jure. Templars and Hospitallers may celebrate once a year in a church located in interdicted territory; they may not, however, conduct burial services.

Since it is our duty not only to instil religion but also to foster its growth in every way, we cannot do better than by the authority committed to us to cherish those things that are right and correct those that impede the progress of truth. From the bitter complaints of our brethren and co-bishops it has come to our knowledge that the Templars and Hospitallers (of St. John of Jerusalem) and also other religious, exceeding the privileges granted them by the Apostolic See, too frequently invade the episcopal authority, and such action is not only a source of scandal to the people of God but also creates grave danger to souls. We are told that they receive churches from laics, admit to the sacraments and to Christian burial those excommunicated and under interdict, appoint and remove priests in their churches without their (the bishops’) knowledge and approval, and when their brethren go out seeking alms, since it has been granted to them that on their arrival the churches may once a year be opened to them and that they may celebrate the divine offices therein, many of them from one house or different houses often enter an interdicted locality, abuse their privileges by celebrating the divine offices, and then presume to bury the dead in the aforesaid (interdicted) churches. By reason also of the fraternal societies which they establish in many places, they weaken the episcopal authority, when against their decisions and under the pretext of certain privileges they aim to protect all who wish to become members of their fraternity. These things are not done so much with the knowledge and counsel of the majority as from the indiscretions of a few, and we decree that all excesses and all conduct, the lawfulness of which may be questioned, be removed. We forbid them and all other religious to receive churches and tithes from the hands of laymen without the approval of the bishops, and those are to be given up which recently they have received contrary to this instruction; and we ordain that those who are excommunicated and those also nominally (nominatim) under interdict be avoided by them and by all others, according to the decision of the bishops. For those churches that do not belong to them pleno jure, let them present to the bishops priests to be appointed, who shall be responsible to them (to the bishops) concerning the care of the people, but to the priests let them exhibit a satisfactory account of the temporalities; those priests appointed, however, let them not presume to remove without the approval of the bishops. If the Templars or Hospitallers should enter an interdicted locality, they may celebrate the ecclesiastical office only once a year, but they may not bury then the bodies of the dead. Concerning the fraternal societies, we decree that if the members do not give themselves absolutely to the aforesaid brethren (the Templars, etc.), but continue to retain their private possessions, they are for that reason by no means exempt from the decisions of the bishops, but are subject to their authority as are other subjects, since they need to be corrected for their excesses. What has been said of the aforesaid brethren (Templars, etc.), is to be observed also by other religious who intrude upon the rights of bishops, and against their canonical decisions presume to produce the tenor of our privileges. If they act contrary to this decree, the churches in which they dare do this shall be placed under interdict and what they have done shall be considered null and void.

Canon 10

Money may not be demanded from monks on their entrance into the monastery. They may not have private property and must live the common life. If in extremis money is found in the possession of a monk, he shall not be buried among the brethren. Priories shall not be conferred for a price.

No money is to be demanded from monks on their entrance into the monastery. They may not have private property or live separately in towns and villages or be assigned singly to any parochial churches; but let them remain in the major monastery or live with some of their brethren. Nor shall they mingle singly with seculars, thus inviting conflict with spiritual enemies, for Solomon says: “Woe to him that is alone, for when he falleth he hath none to lift him up” (Eccles. 4: 10). But if anyone, thus requested, should give something for his reception, he shall not be promoted to sacred orders. He, however, who should take something from such a one, shall be deprived of his office. Has a monk money beyond the amount permitted him by the abbot for the administration of the office of which he has charge, he shall be removed from the communion of the altar; and if in extremis money be found in his possession, let no offering be made for him nor let him be buried among the brethren. All this, we command, is to be observed also by other religious. An abbot also who does not carefully observe these instructions, shall expose himself to deprivation of office. Priories also (that is minor monasteries) shall not be conferred upon anyone for a price, otherwise both the giver and the receiver shall be removed from the ecclesiastical ministry. Priors of conventual churches, when they have been canonically elected by their chapters, are not to be removed except for a just and manifest reason, as, if they have been guilty of squandering or of living incontinently or of anything that may justly demand their removal; or if with the counsel of the brethren they are promoted to a higher office.?

Canon 11

Clerics living incontinently shall be deposed from office and deprived of their ecclesiastical benefice; laics shall be excommunicated.

Clerics in sacred orders who keep in their houses any women for unchaste purposes, must either dismiss them and live continently or be deposed from office and deprived of their ecclesiastical benefice. Anyone found guilty of that incontinence, which is against nature, on account of which came the anger of God upon the children of unbelief and destroyed by fire five cities, if he be a cleric, let him be deposed from the clerical state or sentenced to a monastery to do penance; if a layman, let him be excommunicated and completely cut off from the communion of the faithful. Moreover, if any cleric shall presume to frequent the monasteries of nuns without necessity, let him be warned by the bishop, and if he does not amend, let him be removed from his ecclesiastical benefice.!?

? The synods distinguish two classes of priors, conventual and non-conventual. The former are elective and perpetual, and it is of these that the council here speaks. They could be removed from office only by canonical deposition or by promotion. The latter, being in no sense conventual, could be appointed or removed at the will of the superior. Conventual priors again are of two classes: those who are independent, that is, subject to no abbot, and those so subject. It is of the former that the Fourth Lateran Council speaks in canon 12. Thomassin, op. cit, T, lib. 3, cap. 69, 12.

Canon 12

Clerics in sacred orders may not act as advocates in secular courts, unless the matter concerns their own cause or the cause of their church or that of the poor. A cleric who acts as general procurator of towns or becomes the justiciary of secular princes, is to be deposed; if he is a religious, let him be punished more severely.

Clerics in subdeaconship and upwards and also those in minor orders, if they are supported from the revenues of the church, shall not act as advocates in legal matters in the presence of a secular judge, unless such matters concern their own cause or the cause of their church or that of unfortunate people who are unable to handle it themselves. Neither shall any cleric presume to accept the office of general procurator of a town or assume secular authority under princes or other seculars that he may become their justiciary."' If anyone acts contrary to this, which is the teaching of the Apostle: “No man, being a soldier to God, entangleth himself with worldly business” (II Tim. 2: 4), let him be deposed from the ecclesiastical ministry, since, having neglected the clerical office, he devoted himself to secular affairs that he might please the powers of the world. But should a religious act contrary to any of the foregoing instructions, we decree that even a severer punishment be meted out to him.

Canon 13

Several churches are not to be conferred on one person, and a church is to be conferred on him who is willing to devote himself to the work connected with it, otherwise he shall be deprived of it.

Since there are some who do not curb avarice and contrary to the sacred canons seek to acquire different ecclesiastical dignities and many parochial churches, so that, though they are scarcely able to take proper care of one, they may arrogate to themselves the revenues of many, we strictly forbid that this be done in the future. Since a church or its ministrations have to be entrusted to some one, let such a person be chosen who will reside in one place (devote himself to one church) and who will himself exercise proper care in its regard. Otherwise he who has received shall lose what he has received contrary to the sacred canons, and he who has conferred several benefices on one, shall be deprived of the power of conferring them.

11 Justiciary, judge. During the eleventh and twelfth centuries these were selected not only from the secular nobility but also from the clergy, though the latter had been forbidden by numerous canons to assume secular offices. Notwithstanding this decree of the council, the evil continued to flourish in England where many bishops and abbots held the office of judge.

Canon 14

Plurality of churches is prohibited. Lay patrons who appoint and remove clerics at will are to be excommunicated, and clerics who receive churches from laymen shall be deprived of communion. Laymen holding tithes and transfering them to other laymen, shall be deprived of Christian burial.

Since the ambition of some has already progressed to such an extent that they may be said to have not two or three but six or more churches when they cannot give the required attention to two, we command that this be corrected by our brethren and co-bishops, and from the plurality of benefices (a condition contrary to the canons), which leads to dissolution and wandering and contains an element of danger to souls, we wish that the poverty of those clerics who are capable of serving the churches worthily be relieved by the bestowal on them of some of these benefices.

Moreover, since the audacity of some laymen has gone so far that, despising the episcopal authority, they appoint and remove clerics in churches at will, also distribute possessions and other ecclesiastical goods at their own will, and oppress not only churches but also the people with taxes and other exactions, we decree that those who are hereafter guilty of such things be anathematized. A priest or cleric who shall receive a church from the hands of laymen without the authority of his bishop, shall be deprived of communion (minor excommunication), and if he does not amend, let him be deposed from the ecclesiastical ministry and excluded from the clerical state. Since some laymen compel ecclesiastical persons and even bishops to submit to their judgment, we decree that those who do this in the future, be excommunicated.

We forbid also that laymen holding tithes at the risk of their souls, transfer them in any manner to other laymen. If anyone has received such tithes and has not handed them over to the church, he shall be deprived of Christian burial.

Canon 15

Clerics cannot by their will transfer to others any properties acquired by the church. He who gives money that he may exercise episcopal or spiritual jurisdiction, shall be deprived of his office.

In the duties of charity we are under obligation first of all to those from whom we are conscious of having received a favor. Some clerics, however, when they have received a great deal of property from their churches, presume to transfer property thus acquired to other uses. As this is prohibited by the ancient canons, we also prohibit it. With a desire, therefore, to protect the churches against loss, we command that such goods remain in the possession of the churches, whether their incumbents died intestate or expressed a wish that these goods be transferred to others.

Moreover, since in certain sections deans are appointed for a consideration and exercise episcopal jurisdiction for a certain sum of money, we declare in the present decree that he who shall presume to do this in the future, shall be deprived of his office, and the bishop shall lose the right of conferring that office.

Canon 16

The decisions of the majority and the more discreet part of the chapter must always prevail, unless the minority can show reasonable cause.

Since in all churches what has been enacted by the greater number and more prudent part of the brethren ought to be observed without delay, it must be considered as very serious and reprehensible when sometimes in certain churches a few members, prompted not by reason but by their own wilfulness, obstruct the decisions arrived at and will not permit ecclesiastical order to take its course. Wherefore, we ordain in the present decree that unless some reasonable cause be shown by the minority, the enactments determined upon by the majority and the more discreet part of the chapter must always prevail and be carried into effect without the intervention of an appeal. Neither can it hinder our decision if anyone perchance declares that he is bound by oath to preserve intact the customs of his church. For contracts that run counter to the interests of the Church and the decisions of the fathers are not to be regarded as oaths, but rather as perjuries. If anyone shall presume to swear to preserve intact customs that are contrary to right reason and in conflict with the sacred canons, let him be excluded from the reception of the body of our Lord until he has done adequate penance.”

Canon 17

If the founders and patrons of churches, or their heirs, cannot agree in the choice of a rector, he is to be regarded as such who is best qualified and has received the greater number of votes. If this cannot be done without scandal, then let the bishop appoint.

Since in some localities the founders of churches or their heirs abuse the right which the Church has thus far granted them, by choosing not one rector for each church as the law requires, but several, and this without any regard for subordination (that is, each rector having the same measure of authority), we ordain in the present decree that if perchance the votes of the founders (er théir heirs) are in favor of several candidates, he shall be regarded as rector of the church who is best qualified and has received the greater number of votes. If, however, this cannot be done without scandal, let the bishop appoint a rector in accordance with the best interests of God. The same appointment shall devolve upon him if among some there should arise the question concerning the right of patronage, when it has not been settled within a period of three months by him with whom such a decision rests.

Canon 18

In every cathedral church a benefice ought to be assigned to a master who shall teach gratis the clerics of the church and also poor students. No fee shall be asked for license to teach, and no one qualified shall be denied the position.

The Church of God as a devoted mother is bound to provide for those in need, not only in the things that pertain to the body but also in those that pertain to the good of souls. Wherefore, that the opportunity of acquiring an education may not be denied to the poor who cannot be aided by their parents’ means, let some suitable benefice be assigned in every cathedral church to a master who shall teach gratis the clerics of that church and the poor students, by means of which benefice the material wants of the master may be relieved, and to the students a way opened to knowledge. In other churches also and in monasteries, let it be restored if in times past something of this sort has therein existed. For permission to teach, no one shall exact a fee or under pretext of custom ask something from those who teach; nor shall anyone who is qualified and seeks a license be denied the position to teach. Whoever acts contrary to this shall be deprived of his ecclesiastical benefice. For it is proper that he have not the fruit of his labor in the Church of God, who through cupidity endeavors to impede the progress of the churches by the sale of permission to teach.

Canon 19

Laymen who impose taxes on clerics and churches or restrict clerical jurisdiction are, together with their partisans, if warning proves of no avail, excommunicated.

For the sin of those who do, no less than for the detriment of those who endure, it must be considered a very serious matter that in different parts of the world rulers and magistrates of cities, as well as others who have authority, frequently impose so many burdens on the churches and so oppress them with heavy and repeated exactions, that the condition of the clergy in those districts is worse than it was under Pharao who had no knowledge of the divine law. He, indeed, having reduced all others to servitude, left the priests and their possessions in their former liberty and supplied them with food from the public stores (Gen., chap. 47). But these impose upon the churches nearly all their burdens and afflict them with so many compelled services (angariis) that to them may be applied the words of Jeremias: “The prince of provinces is made tributary” (Lam. 1:1). Whether it be trenches to be built or expeditions to be made or whatever else they think ought to be done, they are obsessed with the idea that the defraying of the expenses for all these things ought to be met from the goods intended for the use of the churches, the clerics, and Christ’s poor. They also so restrict the jurisdiction and authority of the bishops and other prelates that no power over their subjects seems to remain to them. Under these circumstances the churches are to be pitied, and equally so they who seem to have absolutely discarded the fear of God and reverence for ecclesiastical orders. Wherefore, we forbid under penalty of anathema that they do such things in the future, except with the consent of the bishop and clergy and then only in extraordinary cases, namely, when the resources of the lay people do not suffice to meet the common necessities, then the aid of the churches may be enlisted. If magistrates and others should presume to do this in the future and take no heed of any warning, they and their partisans shall be subject to excommunication; nor shall they be restored to the Rise of tbe Universities, in Haskins Anniversary Essays in Mediaeval History (New York, 1929), pp. 255-77the communion of the faithful till they have made suitable satisfaction.

Canon 20

Tournaments are forbidden. Should anyone meet his death therein, he shall be denied Christian burial.

Following the example of our predecessors Innocent and Eugene, of happy memory, we forbid those detestable jousts or fairs, commonly known as tournaments, in which soldiers usually come together by agreement and, to make a show of their strength and boldness, rashly engage in contests, which are frequently the cause of death to men and of danger to souls. If anyone taking part in them should meet his death, though forgiveness -threugh the sacrament of penance) shall not be denied him, he shall, however, be deprived of Christian burial. r

Canon 21

The periods during which the truce of God is to be observed and the penalties for its violation.

We command that the truce of God be inviolately observed by all from the setting of the sun on Wednesday to its rising on Monday, and from Advent to the octave of Epiphany and from Septuagesima to the octave of Easter. If anyone shall dare violate it and does not make satisfaction after the third admonition, his bishop shall direct the sentence of excommunication against him and in writing shall announce his action to the neighboring bishops, none of whom shall restore to communion the one excommunicated; indeed, let each one confirm the sentence made known to him in writing. If anyone (that is, any bishop) shall dare violate this injunction, he shall jeopardize his orders. And since “a threefold cord is not easily broken" (Eccles. 4: 12), we command that bishops, having in mind only God and the salvation of the people, and discarding all tepidity, offer each other mutual counsel and assistance for firmly establishing peace; nor should they be swayed in this by the love or hatred of anyone. But if anyone be found to be negligent in this work of God, let him incur the loss of his dignity."

Canon 22

Clerics and lay people shall enjoy suitable protection. He who imposes new taxes without the consent of the princes shall be excommunicated.

Priests, monks, clerics, lay brothers, travelers, merchants, country people going and coming, and those engaged in agriculture, as well as the animals that carry the seeds to the field, are to enjoy a suitable protection.!?

Nor shall anyone presume without the authority and consent of the kings and princes to impose upon anyone new demands of tolls or to renew such impositions or in any way increase old ones. If anyone acts contrary to this and does not amend on being warned, let him be cut off from Christian communion till he has made satisfaction.

Canon 23

Lepers may have their own church, priest, and cemetery. They are exempt from paying tithes.

Since according to the Apostle greater consideration ought to be shown toward the weaker members, there are, nevertheless, some ecclesiastics who, seeking the things that are their own rather than those of Jesus Christ, do not permit lepers, who cannot live with those not so afflicted and cannot assemble with them in the church, to have their own churches and cemeteries or the services of a priest. Since this is at variance with Christian piety, we ordain that they be permitted to have without hindrance their own church wherever a number sufficient to maintain a church with a cemetery and their own priest live together the common life. Let them take care, however, that they do not prejudice the parochial rights of churches already existing. For what is conceded to them for the sake of piety, we do not wish to redound to the injury of others. We decree also that they shall not be compelled to pay tithes either from their gardens or from their animals.

Canon 24

Christians giving aid to the Saracens are excommunicated, their possessions shall be confiscated, and they themselves reduced to slavery. They also are excommunicated who capture and rob Christians.

Savage cupidity has taken possession of some to such an extent that, while they glory in the Christian name, at the same time they supply the Saracens with arms, iron and bands for the construction of their galleys, and thus become equal and even superior to them in malice, since they furnish them with arms and other necessaries to attack the Christians. There are some also who to satisfy their avarice assume the guidance and piloting of galleys and piratical ships of the Saracens. We decree, therefore, that all these are excommunicated for their iniquity, that their possessions be confiscated by the Catholic princes and magistrates of the cities and that they themselves, if captured, be reduced to slavery by their captors. We command, furthermore, that excommunication be frequently and solemnly pronounced against them by the churches of the maritime cities.

They also are to be excommunicated who capture or rob Roman and other Christians carried on vessels on matters of business or other honest purposes. And those also who, instead of rendering aid as the rule of faith requires, impelled by a damnable avarice, rob Christians who suffer shipwreck, are to be excommunicated if they do not restore the things taken.

Canon 25

Notorious usurers are denied communion of the altar and, if they die in that sin, also Christian burial. Anyone who accepts their offering, shall be suspended from his office.

Since almost everywhere the crime of usury has developed to such an extent that many, heedless of the strict Scriptural prohibition, pass over other professions to devote themselves to the business of usury, as if it were lawful, we decree that notorious usurers be not admitted to the communion of the altar and, if they die in that sin, that they shall not receive Christian burial. Neither shall anyone accept their offering. He who has taken such an offering or given them Christian burial, shall be compelled to return what he has taken, and, till he has satisfied the wishes of the bishop, let him remain suspended from his office.!?

Canon 26

Jews and Saracens may not have in their houses Christian slaves. Those presuming to live with them shall be excommunicated. The testimony of Christians against them is to be accepted. Jews becoming Christians are not to be disinherited.

Jews and Saracens shall not, either under pretext of supporting children or for service or for any other reason, be permitted to have in their houses Christian slaves. Those who presume to live with them shall be excommunicated. The testimony of Christians against Jews is to be accepted in all cases, since they use their witnesses against Christians, and we decree that they be punished with anathema who wish that in this respect Jews be given preference to Christians, since it ought to be that they be subject to the Christians and be treated by them with kindness only. If by the grace of

1? Kober, Die Suspension, pp. 274f.

God any should be converted to the Christian faith, they shall not be disinherited, for those so converted ought to be in better circumstances than before they received the faith. But if the contrary has taken place, we enjoin the princes and rulers of those localities under penalty of excommunication that they take action to the effect that their inheritance and possessions be restored to them ex integro.

Canon 27

Heretics and all who defend and receive them are excommunicated. If they die in their sin, they shall be denied Christian burial and are not to be prayed for.

Though ecclesiastical discipline contents itself with spiritual judgment and does not inflict bloody punishments, it is, however, aided by the ordinances of Catholic princes, for men often seek a salutary remedy for their souls only when they fear that some severe corporal punishment will be imposed upon them. Wherefore, since in Gascogne, in the territory of Albi, in Toulouse and its neighborhood, and in other places, the perversity of the heretics, whom some call Cathari, others Patarini, and others again Publicani (Pauliciani?), has assumed such proportions that they practice their wickedness no longer in secret as some do, but preach their error publicly and thus mislead the simple and the weak, we decree that they and all who defend and receive them are anathematized, and under penalty of anathema we forbid everyone to give them shelter, to admit them to his land, or to transact business with them. If anyone should fail herein and die in that sin, not under pretext of privileges granted him by us nor by any other subterfuge, shall an offering be made for him nor shall he receive Christian burial. |

With regard to the Brabantians, Aragonians, Basques, Navarese, and others who practice such cruelty toward the Christians that they respect neither churches nor monasteries, spare neither widows nor orphans, age nor sex, but after the manner of pagans destroy and lay waste everything, we decree likewise that those who hire or patronize them throughout the regions in which they rave so madly, shall be publicly denounced in the churches on Sundays and on solemn festivals and shall be regarded as subject to the same punishment as the aforesaid heretics; nor shall they be restored to the communion of the Church till they have abjured that pestiferous society and: its s heresy. Those who are bound to them by any agreement are heteby released from the obligation of fealty, deference, and all service so long as they (the heretics) continue in their iniquity. These and all the faithful we command in remission of their sins that they vigorously oppose such pests and defend with arms the Christian people. Let their possessions be confiscated and let the princes be allowed to reduce to slavery men of this kind. Those who may in conflict with these heretics die in true repentance, let them not doubt that they will receive the remission of their sins and the fruit of eternal reward.?° Trusting in the mercy of God and in the authority of the Apostles Peter and Paul, we also grant to the faithful who take up arms against them and at the advice of the bishops or other prelates undertake to conquer them, a remission of two years’ penance; or if they are engaged there for a longer period, we leave it to the discretion of the bishops, to whom the care of this matter has been committed, to grant further remission in accordance with the character of the labor performed. Those who refuse obedience to the admonition of the bishops in this matter, are to be denied the reception of the body and blood of the Lord. In the meantime we place under the protection of the Church, as we do the crusaders to the Holy Land, those who in the ardor of faith take up this work of conquering them, and we decree that they remain secure from all disturbances in their possessions as well as in their persons. If anyone shall presume to molest them, let him be excommunicated by the bishop of the locality and let the sentence be observed by all till the things taken from them be returned and a suitable satisfaction made for the loss incurred. Bishops and priests who do not vigorously resist the aforesaid evils shall be deprived of their office till they have obtained the mercy of the Apostolic See.

20 That is, the remission of the temporal punishment due to their sins by means of a plenary indulgence.

THE TWELFTH GENERAL COUNCIL (1215)