First Council of Lyons (1245)

Canon 1

By the clause quidam alii, only four persons may be brought before a court, whose names must be indicated in the first summons.

Since in matters of law indefiniteness is to be avoided, we decree that on the ground of that general expression, quidam alii, which is frequently inserted in our letters, no more than three or four persons may be brought before a court of justice, whose names must be indicated in the first summons by him who desires their presence, lest the way be opened to fraud if he be permitted to change such names at will.

Canon 2

Legal matters may be committed only to persons of high rank, and must be assigned only to localities where an adequate number of skilled jurists can be had.

We ordain in the present decree that the Apostolic See and those delegated by it may not commit legal affairs (causae) to anyone except persons who are invested with high rank or who are attached to cathedrals or prominent collegiate churches. Matters of this kind, moreover, they must assign only to localities where an adequate number of skilled jurists can be had. Judges who contrary to this decree should cite one or both of the parties to another place, may be disobeyed with impunity, unless both parties have previously agreed to it.

Canon 3

Conditional, alternative, and uncertain votes are void and for this time pass over to the others. 5 Collegiate churches were those modeled after cathedral churches. From early times the custom obtained that the bishop and the clergy attached to the cathedral occupied a common dwelling and.lived the common life. To this mode of life St. Augustine gave a more perfect form, which his own clerics when they became bishops introduced into their own Churches. In Western Europe a powerful impulse to community life among the secular clergy was given by St. Chrodegang (d. 766) when he became bishop of Metz. He introduced the community life for the clergy of his cathedral and wrote a special rule for them. Gradually this rule and mode of life were adopted by other bishops. Later they were adopted also by larger and more important non-episcopal churches, which were known as collegiate churches. We may add that from this rule or canon of St. Chrodegang the cathedral clergy derived their name of canons. Hence the distinction between cathedral canons and canons of collegiate churches.

In elections and postulations, and in ballotings for the purpose of an election, we absolutely condemn conditional, alternative, and uncertain votes; decreeing that, since such votes are null, the élection be held by those who vote absolutely and definitely, voce illorum qui non pure consenserint, ea vice in alios recidente, that is, the right of those to vote who do not do so unconditionally and definitely, inasmuch as their votes do not count, for this time passes over to the others.

Canon 4

Conservators must defend against manifest injury, but they may not mike judicial inquiries.

We decree that the conservators whom we frequently appoint, must defend against manifest injury and violence those whose defense we have committed to them, but they may not extend their authority to matters that pertain to a judicial process.

Canon 5

A delegated judge with no special authority cannot compel either party to appear personally before him except for a reasonable cause.

According to the law there seems to be no doubt that a delegated judge, who in this matter has not received special authority from the Apostolic See, cannot compel either of the parties to appear before him personally in court, unless the cause be a criminal one, or if the giving of evidence or the taking of the oath of calumny tMmsi, XXIV, 866. | t (f. ec. t, 15, Vie, De off. et pot. jud. del., T, 14. Council of Trent, Sess. XIV, c.5 de nf.

(juramentum calumniae) necessitates the personal presence of the parties before him.

Canon 6

A peremptory exception does not impede the contestation, unless it concerns a matter already adjudicated.

A peremptory exception, or any major defense touching the trial of a cause, raised before the contestation of the cause, does not make void or defer the contestation, unless the exception be that of a finally adjudicated cause or of a compromise, even though the one who raises the objection (the defendant) claims that the rescript would not have been granted had the delegant been made aware of the things which are adverse to the plaintiff.

Canon 7

A plaintiff shall be condemned to pay the expenses and shall not be granted another citation, if he fails to appear at the time appointed.

À plaintiff who does not appear at the time for which he made arrangement for the citation of his opponent, shall be condemned to pay to the defendant answering the citation all the expenses incurred on account of such non-appearance, and he is not to be granted another citation unless he provides a satisfactory pledge to assure his appearance at the time agreed upon.

Canon 8

If anyone seeks letters to bring several personal actions against another before different judges, such letters are invalid, and he shall be condemned to pay the expenses.

Wishing to restrict as much as possible the expenses connected with judicial trials, and amplifying the statute of Gregory IX of happy memory,’ edited in reference to this matter, we decree that if anyone wishes to bring several personal actions against another, he must obtain letters to have all such actions prosecuted before the same judge and not before different ones. Anyone who acts contrary to this vitiates not only the letters but also the process instituted by means of them, and he shall be condemned to pay to the defendant all the legitimate expenses if through such letters he has caused him inconvenience or damage. The defendant also, if during the same trial, using the privilege of reconvention, or, if he should prefer to ask for letters against him, of convention, should say that he like- 8 Some editions read: Innocentii papae III.

wise has a charge against the plaintiff, must seek his rights before the same judges, unless he is able to refuse them on account of their being suspected. Should he act contrariwise, he must undergo the same penalty as was prescribed above for the plaintiff.

Canon 9

In case of an ecclesiastical benefice, possession may not be taken because of the absence of the defendant; but let the matter be adjusted without the litis contestatio. .

We decree that he who in order to obtain a dignity, personatus, or ecclesiastical benefice, enters into litigation with the incumbent, is not to be admitted to its possession because of the incumbent's non-appearance at the trial causa rei servandae, lest by such action the acquisition of any of the aforesaid offices appear irregular; but in such a case the divine presence taking the place of the absent party, it is permissible, also without the litis contestatio and after a careful examination of the matter, to terminate it in the proper way.

Canon 10

Negative assertions may be admitted if it is deemed expedient.

We decree that judges may admit negative assertions (positiones) which cannot be proved except by a confession of the opponent, if for the sake of justice it should appear expedient.

Canon 11

A judge against whom suspicion has been raised must set a fixed time within which the arbitrators must come to a decision, otherwise he himself shall decide the main issue.

When a legitimate cause of suspicion has been lodged against a judge, and the arbitrators have been chosen by the parties in accordance with the law, it often happens that the former disagreeing among themselves and unwilling to choose a third, with whom both or one of them may proceed to a decision of the matter as they are bound, the judge pronounces the sentence of excommunication against them, which they on account of hatred and of party favor for a long time disregard. The result is that the cause is thus unduly delayed, since no steps are taken toward a settlement of it.

» Dignitas implies administration of ecclesiastical affairs with jurisdiction, while personatus is an ecclesiastical dignity without jurisdiction. Often, however, these two terms are used interchangeably.

Wishing therefore to provide a necessary remedy for a disorder of this kind, we decree that the judge appoint a fixed time within which the arbitrators agree or by agreement choose a third party with whom both or one of them may decide the matter of this suspicion. Otherwise the judge himself shall proceed to decide the main subject in dispute.

Canon 12

An excommunication imposed on one who by speech or otherwise holds intercourse with one excommunicated does not bind unless preceded by a canonical admonition.

We decree that no judge shall presume to excommunicate (excommunicatione majori) without a previous canonical admonition anyone who, either by speech or in other ways by which such a one incurs minor excommunication, holds intercourse with those excommunicated by him; those decrees remaining in force which have been legitimately promulgated against those who presume to take part in crimine damnato. But if by speech and in other ways by which the one holding intercourse incurs minor excommunication the one excommunicated (excommunicatione majori) becomes more obdurate, the judge can, after a canonical admonition, impose upon those who hold such intercourse the same censure that he imposes upon the communicantes in crimine. Otherwise the excommunication imposed does not bind, and those imposing it may expect a just penalty.?°

Canon 13

Those exercising lawful administration of church properties must safeguard such properties and must not contract unnecessary debts. At the beginning of a new administration an inventory must be made of all movable and immovable properties, properly signed and sealed. A transcript of this is to be given to the new incumbent and to the prelate invited by him. Rulers of churches are forbidden to put themselves or their churches under obligation to others, or to contract debts that may prove a source of trouble.

Our pastoral duty urges us to turn our attention to the delapidated churches, and by a salutary constitution provide against their going to ruin in the future. Since the unfathomable greed of usury has brought many churches to the verge of destruction, and some prelates are very negligent and remiss in the matter of paying debts, especially those contracted by their predecessors, and are too much inclined to contracting further debts and mortgaging the properties of the churches, and since they are also negligent in taking care of things already acquired, preferring for their own honor to do

10 Kober, Der Kirchenbann, pp. 412-15.

i — tne AU n a: dittle building than to safeguard goods, to recover those discarded, to restore those lost, and to repair those fallen to ruin, that in the future they may not excuse themselves on any plea however plausible and fasten their own negligence on their predecessors or others, we, with the approval of the council, decree that bishops, abbots, deans, and others exercising lawful and ordinary administration, shall within one month after entering upon office, notice having been given earlier to his immediate superior, so that he may be present in person or through some other reliable and competent ecclesiastical person, those being present who have been called especially for this by the chapter or convent, see to it that an inventory is made of the things taken over by them at the beginning of their administration, in which shall be carefully recorded the movable and immovable properties, ‘books, charts, instruments, privileges, ecclesiastical ornaments, and all other things that belong to the furnishings of a city or rural establishment; also the debts and claims must be recorded, that it may be known by the superior should it be necessary, and by those dlso who have been charged with the care of the churches, in what condition the church was when they took charge of it, how they shall govern it during their incumbency, and in what state they shall leave it at their death or in the event of removal. Archbishops who are immediately subject to the Roman pontiff must invite one of their suffragans who shall appear either personally or per alium, and abbots and other minor exempt prelates must invite a neighboring bishop, who, however, may claim for himself no right in the exempted church. Said inventory must be provided with the seals of the new incumbent and his clerics, as well as of the representative of the archbishop and in the case of abbots and minor exempt prelates, of the neighboring bishop, and must be preserved with due care in the archives of the church. A transcript of this inventory, similarly sealed, is to be placed in the hands of the newly installed incumbent and in the hands also of the prelate invited by him. The church property at hand must be carefully guarded and its administration properly conducted, and if it can be done, known debts must be paid as soon as possible from the movable property of the church. But if this movable property does not suffice for a speedy payment af the debt, all incomes, except those needed to cover absolutely necessary expenses, must be used to pay off the debts in case these are-usurious or burdensome. If however they are not burdensome or usurious, a third part of the revenues, or, with the advice of those who were summoned to make the inventory, the greater part may be set aside for this purpose. Moreover, by the authority of the same council we strictly forbid the aforesaid rulers of churches to put either themselves or the churches committed to them under obligations to others, or to contract debts that might prove a source of trouble either in their own names or in the name of the churches.

But if there be urgent need, or if the condition of the churches should demand it, prelates with the consent and advice of their superiors, and archbishops and exempt abbots with that of the aforesaid parties summoned by them and of their colleagues, may contract debts that are not usurious if it can be done, but never may they contract them on the public markets. In the contracts must be given the names of the debtors and creditors, and the reasons why the debt is contracted; and even in case the money is used for the benefit of the church, we by no means wish that ecclesiastical persons or churches be pledged for its security. The privileges also of the churches are not to be given as security, but must be faithfully guarded; nor may other properties of the churches be given except perchance for necessary and beneficial debts contracted in the aforesaid manner.

That this salutary constitution may be inviolably observed and bear fruit, we decree that all abbots, priors, deans, and provosts of cathedrals and other churches at least once a year give a strict account of their administration to their colleagues, and that this account, written and signed, be faithfully read in the presence of the visiting superior. Archbishops and bishops likewise once a year must give an account of their administration of goods pertaining to their own table to their chapters, and over and above this, bishops must give a similar account to the metropolitans, and metropolitans to the legates of the Apostolic See or to those to whom the visitation of their churches has been committed by the Apostolic See. The written computations must always be kept in the treasury of the church, so that the later ones may be compared with the earlier and present ones, and thus it will be seen by the superior whether the administrator was diligent or negligent in the performance of his duties; in case of negligence, let the superior, having God before his eyes, and laying aside love, hatred, or fear, impose on him such a punishment that he may not deserve to receive another on this account either from God or from the superior or from the Apostolic See. The present decree we command to be observed not only by future prelates, but also by those already so promoted.

Canon 14

All possessors of dignities with or without jurisdiction, of prebends and benefices, who do not personally reside in them for at least six months, must for a period of three years give half of their revenues for the benefit of the Latin Empire of Constantinople. Those excepted, excluding the crusaders, who have an annual income of more than one hundred silver marks, must give one third of it for the same purpose. Those guilty of fraud in this matter shall incur excommunication.

Our mind, occupied with arduous matters and distracted by divers cares, among other things directs the point of its consideration chiefly to the liberation of the Empire of Constantinople. This it desires with an ardent desire and this constitutes one of its chief concerns. Though the Apostolic See has given it its earnest attention and rendered manifest assistance, and for a long time Catholics have struggled not without great hardships, heavy expenses, anxious toils, and a lamentable shedding of blood, yet the force of such assistance could not, because of sin, entirely free the Empire from the yoke of its enemies, for which reason we are, not without good cause, overcome by distress. But since the body of the Church by the loss of a dear member, namely, the aforesaid Empire, would incur a mark of scandalous deformity and sustain a weakness to be deplored, which could deservedly be imputed to sloth on our part and on the part of the Church herself if she were abandoned and handed over to the enemy to be freely oppressed, we firmly propose to come to the assistance of the Empire with early and effective help, that, with the Church strengthened by such aid, the Empire may be freed from the dominion of the enemy, brought back to union with the body, and feel, after the crushing blows of the enemy, the consoling hand of Mother Church, and, after the blindness of error, have vision restored by professing the Catholic faith. It is evident, however, that the more vigilant and intent the prelates of the churches and other ecclesiastical men are, and the greater the influence and aid they contribute toward its liberation, the more surely are they bound to procure an increase of ecclesiastical liberty for the faith, chiefly because, with the aiding of the Empire, assistance will in consequence be given to the Holy Land. Therefore, that speedy and suitable aid may be extended to the aforesaid Empire, we decree with the approval of the council that all possessors of dignities with and without jurisdiction, of ecclesiastical prebends and other benefices, who do not personally reside in them for at least six months, whether they have one or more, must for a period of three years give one half of their (ecclesiastical) revenues to collectors appointed by the Apostolic See for this purpose. Excepted are those who are in our service and in the service of our brethren (the cardinals) and their prelates; those, moreover, who are on a pilgrimage or in schools, or who by order of the above prelates have care of the business of their churches; also those who take or have taken the crusader’s cross or personally go to the aid of the Empire. If any of those excepted have an ecclesiastical income of more than one hundred silver marks, they must annually give one-third of it to the above mentioned collectors to be used for the common cause. From this provision only the crusaders are excepted. All this we wish to he observed notwithstanding any customs or ecclesiastical statutes to the contrary, or any indulgences granted by the Apostolic See to churches or persons, ratified under oath or in any other manner. And if perchance anyone should deliberately commit fraud in this matter, let him incur the sentence of excommunication. We ourselves shall from the revenues of the Roman Church, after one-tenth has been deducted for the aid of the Holy Land, deduct another tenth to be devoted entirely to the needs of the aforesaid Empire. Moreover, since the help given to the Empire redounds particularly to the welfare of the Holy Land, and since the liberation of the latter is greatly facilitated through the liberation of the former, we, trusting in the mercy of God and in the authority of the Blessed Apostles Peter and Paul, from whom we, though unworthy, have received the power of binding and loosing, grant to all who go to the aid of the Empire the same remission of sins * and we desire that they enjoy the same privileges and the same immunity as have been granted to those who go to the aid of the Holy Land.

Canon 15

Prelates are commanded to use their influence in their sermons and in the confessional to induce the faithful to leave in their testaments something for the assistance of the Holy Land or for the Empire of Constantinople.

The children of the Church have for a long time contributed lavishly and many have laid down their lives in order to win back the land which the Son of God consecrated with His blood, as we learn from the things that formerly happened to the Christians fighting against the infidels across the sea. But, since it is particularly the desire of the Apostolic See that with the help of God the redemption of this land be speedily brought about, we take occasion for procuring the favor of God to arouse by our letters your (the prelates’) interest in the cause. We therefore request and beseech you in the Lord Jesus Christ, commanding that in your sermons or when in confession you impose penance, you induce by pious admonitions the faithful committed to your care, a special indulgence, should you see fit, having been granted in this matter, that in the testaments which they make they may, for the remission of their sins, leave something for the assistance of the Holy Land or for the Empire of Constantinople. Moreover, we ask you to see to it that the money which they give for assistance of this kind be faithfully preserved in certain places under your seals, and that other things (immovable goods) bequeathed for this purpose be carefully put in writing. This work of piety in which we seek only the interests of God and the salvation of the faithful, let your goodness execute with such promptness that in the end you may hope for the reward of heavenly glory from the hand of the eternal Judge.

11 That ts, a remission of sins quoad poenam, not quoad culpam.

A t

FIRST COUNCIL OF. LYONS 31I

Canon 16

Desiting above all things the expansion of the Christian religion far and wide over the earth, we are overcome with inexpressible grief when some at times so oppose our desire in this matter by contrary aims and actions that they strive with every effort and power to rernove that religion utterly from the face of the earth. The savage race of Tartars, seeking to subjugate or rather to annihilate the Christian people, having collected its forces, entered Poland, Russia, Hungary, and other Christian regions, and, sparing neither sex nor age, but venting its rage with horrible cruelty on all without distinction, inflicted upon those countries an unheard-of destruction. And with unbroken progress, for it knows not a sword idle in the scabbard, it carries an incessant persecution to other countries, in order that, later attacking the more powerful Christian aries, it may exercise its savageness more fully; and thus the earth hing bereaved of the faithful, which God forbid, faith may turn away while it bemoans its own followers who were conquered by the ferocity of that race. Therefore, that so detestable an aim of that race may not be realized, but by the power of God may fail ad terminate in the opposite direction, it must be considered seriously by all Christians and the proper precaution taken that its progress may be so impeded that it cannot make any further approach toward them by any mailed arm however powerful. Therefore, with the advice of the holy council we admonish, exhort, and command all the faithful that all roads and passages by which that race can enter Christian countries, be carefully examined and so

. fortified with ditches, walls, and other constructions as may appear "necessary, so that any further approach may be effectively frusa

—— oe trated. But in case of its actual approach, this must first be made known to the Apostolic See, so that the pope may obtain for you the aid of the faithful, and you with the help of God may be safe against the exertions and insults of that race. We will contribute abundantly toward such expenses as you may deem necessary and useful, and we will see to it that the Christians of all provinces contribute proprtionately to meet this common danger. We will, moreover, in regard to this matter dispatch letters similar to the present one to other Christians through whose territory the aforesaid race may gain entrance,

Canon 17

Any person, whether ecclesiastic or layman, who brings about the death of another by means of assassins, incurs ipso facto excommunication and deposition,

Descending from heaven to earth and suffering death, Jesus Christ, the Son of God, on the eve of His ascension, that He might not leave without a shepherd the flock redeemed by His precious blood, committed its care to the Blessed Apostle Peter, that he by the firmness of his faith might confirm that of others and by the ardor of his devotion move them to works of salvation. Wherefore, we, the successor of the same Apostle and, though unworthy, the vicar of the Redeemer on earth, earnestly concerned about the guardianship of that flock, wish to exert ourselves on behalf of the salvation of souls by removing dangers and by providing for the future, so that negligence being cast aside and diligence exercised, we may with the help of God's grace win souls to Him.

With horrible cruelty and inhuman savagery some men so thirst for the death of others that they cause them to be slain by assassins and thus bring about the death not only of the body but also of the soul, unless they happen to be fortified with divine grace. Therefore, wishing to avert such danger to souls and to chastise such execrable presumptions with the sword of ecclesiastical censure, so that the fear of punishment may put an end to such conduct, especially when prominent persons, fearing to be destroyed in that way, have been forced to seek security from the chief of the assassins and thus in some manner to purchase their life from him not without detriment to Christian dignity, with the approval of the holy council we decree that any prince or prelate, or for that matter any ecclesiastical or secular person, who shall cause or command any Christian to be slain by the aforesaid assassins, though death may perchance not follow the attack, as well as anyone who shall receive, defend, or conceal them, incurs ipso facto the sentence of excommunication and deposition from dignity, honor, order, office, and benefice, which may then be freely conferred on others by those to whom such collation pertains. Let the entire Christian people forever discredit him as a dishonor and disgrace to the Christian religion, and should it in the future be established that anyone has committed so execrable a crime, no new declaration of excommunication or deposition is required.'?

Canon 18

A series of decrees covering the matter connected with the preparation of 2 crusade to the Holy Land.

Being distressed at heart because of the deplorable dangers threatening the Holy Land, but especially at the misfortunes that are known to have lately befallen the faithful dwelling there, we hope with the help of God to deliver it from the hands of the ungodly, decreeing with the approval of the holy council that the crusaders keep themselves so prepared that at the opportune time, which will be made known to all the faithful by preachers and special papal legates, they may meet in suitable places from which they may proceed with the blessing of God and with the Apostolic blessing to the aid of the Holy Land. 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 atrength but putting their trust in the power of God. Let the nobles and the powerful who are in the army and the rich be persuaded by the pious admonitions of the prelates that in consideration of the One crucified, for whose sake they have taken the crusader's cross, they abstain from all useless and superfluous expenditures, especially from those connected with revelings and banquets, contributing this money to the aid of those persons by whom the affairs of God can be advanced; for which let them be granted a remission of their sins according as the prelates may deem fit. To the clerics who are in the Christian army 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 the rulers of 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, 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 expressed 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.

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 for this purpose by the Apostolic See a twentieth part of the revenues of their churches; 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 a 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 of the archbishops, bishops, and of all the prelates of the Church of God. Besides, special protectors will be appointed and, till they 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, wé 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 setilar 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 before their departure pay their debts to the Jews, the secular princes shall provide such a delay that from the time of their departure until ‘they return or until 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 sélling, and enjoin upon the rulers of cities and their localities that they check them 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 onthe 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. Moreover, we excommunicate and anathematize those false and ungodly Christians who furnish the enemies of Christ and of the Christian people with arms, or 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 ather 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 tliis 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 they have obtained in so reprehensible a trafic 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 the benefits may be denied which 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 them under penalty of excommunication for a period of three years.

For the success of this undertaking it is above all else necessary that princes and Christian people maintain peace among themselves. Therefore, with the advice of the holy council, we decree 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, and 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 ina spirit of piety aid in bringing this holy undertaking to a successful issue, this holy and general council imparts the benefits of its prayers and blessings that they may advance worthily to salvation. Amen.

There is no doubt that in addition to these eighteen decrees, Innocent IV, with the approval of the council, issued a number of others. All of these, together with several that he issued without the concurrence of the council, he shortly afterward united in a single collection which he transmitted to the Universities of Paris and Bologna for academic and judicial use. Of this collection we have two printed editions, one of which was provided in 1747 by J. H. Bóhmer from a Berlin MS and published in his

18 Cf, canon 14, note 11.

Corpus juris can. and the other was published in 1779 by Mansi from a Lucca MS."® Each of these editions contains forty-two decrees, which have but few textual variants and are in part evidently abbreviations of the original synodal text. We find in them (1) the first twelve of the eighteen decrees quoted above; (2) a number of others that undoubtedly had their origin in the council; and (3) several other decrees of Innocent IV which seem not to have any connection with the council. It is extremely difficult and in not a few cases impossible to distinguish which of those under numbers 2 and 3 were published with the approval of the council and which were not, since the superscription Idem (Innocentius IV) in eodem (conclio Lugd.) is not always accurate. This collection of Innocent IV and a later-one of Gregory X, were united by Boniface VIII with his own decrees in the Liber sextus, which he intended as a continuation of the five books of decretals of Gregory IX. Here we have the same confusion, the Idem in eodem at the head of decrees which we know were not issued by Innocent with conciliar concurrence. The following nine decrees, taken from Hefele, we have good reason to believe were issued by Innocent in concurrence with the council.!* To these nine Hefele adds four taken from the constitution Romana Ecclesia. But Hefele is evidently mistaken, because this constitution was published by Innocent IV on March 17, 1246, eight months after the dissolution of the council.?”

Second series

Canon 1

We decree that if anyone attacks an election, postulation, or provision, either because of a formal error or because of the person elected, and for that reason appeals to us (the pope), both the

4 See TI, Appendix, 351-62.

15See XXIII, 650-72.

1' Innocent IV sent the constitution Romana Ecclesia to the University of Paris on April 21, 1246. Denifle, Chart. Univ. Paris., Y, no. 152; Potthast, no. 12062. Soon afterward he sent to the same university the decrees that in 1245 he had promulgated in the Council of Lyons. Denifle, Chart. 1, no. 153. To these decrees he added the constitution Romana Ecclesia which he had divided into ten chapters. In this way arose the common but erroneous belief in later times that the constitution Romana Ecclesia was published in i245 in the Council of Lyons.

complainant and the defendant, and generally all who are concerned, must within a month of the attack begin their journey to the Apostolic See, either personally or through representatives properly instructed in the matter. If one of the parties has not arrived twenty days after the arrival of the other party, the matter may be disposed of in accordance with justice regardless of such absence. We wish and command that this be observed in dignitatibus, personatibus, et canonicis. We add, moreover, that he who has not fully proved his charge of formal error, be condemned to pay the expenses which the other party declares to have thereby incurred. On the other hand, he who has failed to prove his charges against the person elected, is ipso facto suspended from his ecclesiastical benefices for a period of three years. If within that time he does not divest himself of his temerity, he is ipso jure forever deprived of them with no hope or pledge for mercy, unless it has been proved conclusively that a probable and manifest cause excuses him from the charge of calumny.

Canon 2

In civil matters an exceptio spolii, introduced by a person other than the plaintiff, is not admitted. In criminal causes, if made by a third party, it is admitted, dummodo sit de tota substantia vel majori parte. The exception must be proved within fifteen days, otherwise he shall be condemned to pay the expenses. The one despoiled by a third must seek restitution within the time specified by the judge, otherwise he shall be accused exceptione non obstante.

There is a persistent rumor that the exceptio spolii sometimes deceitfully introduced in tribunals, impedes and confuses ecclesiastical causes, because, when an exception is admitted, appeals are interposed and thus the investigation of the main issue is interrupted or frequently lost sight of. Wishing to put an end to strife and to curtail occasions for calumny, we decree that in civil matters a judge may not postpone procedure in the main issue by reason of an exceptio spolii introduced by a person other than the plaintiff. But, if in a civil matter the defendant declares that he has been despoiled by the plaintiff and in a criminal matter by someone else, he must within fifteen days prove his declaration, otherwise let him be condemned to pay the expenses which the plaintiff incurred on his account, a judicial estimate of these having been made beforehand; or, if the judge should deem it expedient, let him be punished otherwise. By one despoiled we mean in this case one who, when criminally accused, declares that he has been stripped of all his possessions or of the greater part of them by violence, and in this sense the canons speak and are to be understood, for it is imprudent to fight with bare hands and to oppose ourselves to the enemy without weapons of defense; the one despoiled, therefore, has the advantage that being already stripped he cannot be stripped again. Among the learned, however, it is disputed whether one robbed by a third party may make use of that fact against his accuser or whether time ought to be granted him by the judge within which he may demand restitution, lest he should wish to continue in that destitution in order to evade all accusation, which we consider consonant with justice and right; but if within the time granted him he has not sought restitution and does not, when he can, bring the case to an end, he can be accused regardless of the exceptio spolii. In addition to this we decree that the deprivation of private goods may not be brought up against one in charge of ecclesiastical affairs or vice versa.

Canon 3

A defendant introducing an exception of excommunication against a plaintiff must indicate the kind of excommunication and the excommunicator; he must within eight days prove his charge, otherwise the judge may proceed in the case, condemning him to pay the expenses. If the charge is proved, or if a similar exception is introduced and proved, the plaintiff shall be excluded and the proceedings so far regarded as valid. No further exceptions may be introduced nisi ex causa. An exception made after the matter has been adjudicated, does not invalidate the sentence. One publicly excommunicated must -be excluded from the proceedings.

Since the introduction of an exception of major excommunication into any part of judicial trials is often inspired by malice for the purpose of delaying matters and of overwhelming the plaintiffs with fear, fatigue, and expenses to compel submission or reconciliation, thus defrauding them of their rights, it is hereby decreed that when any defendant introduces an exception of excommunication against a plaintiff, he must name the kind of excommunication and also indicate the name of the one who imposed the excommunication; he must, moreover, within eight days prove his charge by condusive evidence, otherwise the judge shall proceed with the case, condemning him to pay the expenses which the plaintiff declares to have incurred on account of the charge. If, however, the charge is proved, or if another exception of excommunication is introduced itd proved, the plaintiff is to be excluded from the proceedings till he shall be deemed worthy to receive absolution, and what has been accomplished so far in the case shall be regarded as valid. But, if ‘the second exception likewise was not proved, no other is to be introduced, unless a new excommunication should be imposed or clear proof in regard to a former one should come to light. The introduction of an exception after the matter has been finally adjudicated, does not invalidate the sentence but impedes its execution, observing this provision, that if the plaintiff has been publicly excommuni- ‘cated and the judge should at any time know this, he may not delay to exclude him from the proceedings, though the defendant may máke no exception in the matter.

Canon 4

An ecclesiastical judge who inflicts a judicial injustice upon anyone, is ipso facto suspended and must make good the loss sustained by the injured party. Should he, while suspended, perform an act in divinis, he incurs irregularity from which he can be absolved only by the Apostolic See.

Since the eternal Judge will not hold guilty him whom an unjust judge condemns, according to the inspired writer: "He will not condemn him when he shall be judged" (Ps. 36: 33), let ecclesiastical judges take heed that in judicial trials they be not actuated by a grudge or ill will, by fear or favor, and let them not in consideration of a reward or its expectation frustrate the ends of justice, but in all things that concern legal causes, especially the matter of imposing sentences, let them have only God before their eyes, imitating the example of him who having entered the tabernacle to pray referred to the Lord the complaints of the people that He might judge them in His own court. If any ecclesiastical judge, ordinary or delegated, disregarding his reputation and contrary to conscience and justice, should for any sordid consideration so prostitute his office as to inflict a judicial injustice upon any party, he is ipso facto suspended ab executione officii for one year and is to be condemned to pay to the injured party the losses incurred by reason of his partiality, and should he during the period of suspension perform an act in divinis, he incurs, in accordance with the canons, irregularity from which he can be absolved only by the Apostolic See, those decrees remaining in force which impose penalties on judges who debase their office. For it is but just that he who has presumed to offend in so many ways, be chastised by manifold penalties.

Canon 5

He who appeals to the pope in judicio vel extra, must put in writing the reason for the appeal and petition for a writ. The principals in the case or their representatives, properly instructed, are to betake themselves to the pope. In appeals from definitive sentences the law remains unchanged.

It is our ardent desire to lessen litigation and to relieve the people of burdens. Wherefore we decree that if anyone thinks he should appeal to us judicially or extra-judicially against an interlocutory decree or grievance, he should put in writing the reason for the appeal and petition for a writ, which we command to be issued to him, in which the judge should set forth the reason of the appeal and why the appeal was not admitted, or whether perhaps it

18 The fact that the one suspended incurs an irregularity in case he performs an act in divinis, indicates that the suspension in this decree is ab jurisdictione et ab ordine. Kober, Der Kircbenbann, p. 215; idem, Die Suspension, pp. 264 f.

was granted out of respect to a superior. After this, considering the distance and the nature of the case, sufficient time having been granted to the appellant to prosecute the appeal, if the appellee should so wish and request, let the principals, either personally or through advocates empowered to act, provided with the data pertaining to the case, betake themselves to the Apostolic See, and, if we should deem it expedient, the case may be tried, as by law it could and should, on the expiration of the time limit of appeal or before by agreement of the parties; those things remaining unchanged which ancient statutes have laid down in the matter of appeals from definitive sentences. If the appellant fails to observe the foregoing provisions, his appeal shall be regarded as void and he shall be returned to the judge of the first instance to be condemned to the expenses involved by his failure. And if the appellee should despise this statute, he shall be proceeded against as in contempt both as to costs and as to the cause in so far as it is permitted by the law. For it is but just that the law should take its course against him who mocks the law, the judge, and the litigant.

Canon 6

Those exempt may in the matter of transgressions in non-exempt localities be summoned before the local ordinaries; in exempt localities, not. Over monasteris enjoying immunity against interdict, suspension, and excommunication, ordinaries in these matters have no jurisdiction, unless monks of such monasteries are sent to priories subject to the ordinaries.

Wishing that the liberty which the Apostolic See has by the privilege of exemption granted to some, shall remain so unimpaired that it may not be made the object of attack by others, and that they to whom it has been granted may not abuse it, we decree that however much liberty those exempt may enjoy, they may nevertheless in the matter of transgressions or accusation be lawfully summoned before the local ordinaries, who may in these matters exercise, according as the law requires, jurisdiction over them. Are they, then, absolutely without liberty in these matters? No indeed, ‘because they cannot be summoned before the ordinaries when the ctime was committed or the contract made or a matter disputed in an exempt locality; nor can they be summoned to where they have a domicile if the crime was committed in some other place. Nor under pretext of domicile have local ordinaries any power to send them there where they have been summoned or to command them to the summons, except in cases in which canon law commands them to be subject to the jurisdiction of the bishops. We decree the same in regard to those to whom has been granted by Apostolic privilege the right to make answer to those accusing them only before a particular judge. In regard to those, however, whom an Apostolic indult renders immune against interdict, suspension, and excommunication by a certain person, as are many religious, among whose privileges is contained the provision that a certain bishop or archbishop may not presume to interdict, suspend, or excommunicate the monks.of monasteries for any cause or in any place, these ordinaries may not at all exercise their jurisdiction in regard to these things wherever these monks may be, unless they have been sent or assigned, either as superiors or as subjects, to monasteries subject to the same ordinaries; for, while they can be freely recalled to the former monastery and may be regarded as monks of two monasteries, since it is not incongruous for a monk to have two monastic dwellings, one ‘subject to the other or dependent on it, yet because these are subject to the ordinaries, they may licitly use their jurisdiction over the monks in the aforesaid matters as long as they reside there.

Canon 7

The imposition of excommunication must be done in writing, the reason given, and a copy, if requested, handed to the excommunicated. Violation entails suspension. The superior to whom recourse is had, may nullify the sentence and condemn the excommunicator to pay all the expenses and repair all losses incurred by the one excommunicated. The same holds good in regard to suspension and interdict.

Since excommunication is a medicinal and disciplinary remedy, not seeking the spiritual death of the individual, let him, nevertheless, on whom it has been imposed not despise it, and let the ecclesiastical judge be cautious that in imposing it he show himself to be applying it to a condition that needs correction and a healing remedy. Whoever imposes a sentence of excommunication must do so in writing, and he must give in writing the reason for its imposition. Should the one excommunicated request a copy of the document, he is to be provided with one within a month, and of this request we wish that a public record be made, provided with authentic seals. Judges who rashly violate any provision of this decree, are ipso facto suspended for one month ab ingressu ecclesiae et divinis officiis. Let the superior to whom recourse is had, while nullifying such a sentence without scruple, condemn the excommunicator to pay all the expenses and repair all the damages incurred by the one excommunicated, and, should he deem it expedient, let him impose other penalties so that the judges may learn from this how grave a matter it is to hurl sentences of excommunication without mature deliberation. The same we wish to be observed in regard to sentences of suspension and interdict. Let the prelates of churches and judges take heed that they do not incur the aforesaid penalty of suspension, since, if under such suspension they presume to perform functions in divinis, they incur in accordance with the canons irregularity, from which they can be absolved only by the supreme pontif.

Canon 8

He who petitions to be absolved ad cautelam, declaring that the excommunication imposed is null, may be absolved notwithstanding objections to the contrary, unless it be proved within eight days that the censure was imposed for a legitimate reason. He who declares that he was excommunicated after an appeal, must prove it and probatione pendente in judiciis evitabitur, extra judicium vero non.

Some are inclined to doubt whether, when anyone petitions to-be absolved ad cautelam by a superior, claiming that the sentence of excommunication imposed on him is null, the absolution ought to be granted him without objection; and secondly, whether before an absolution of this kind, he who claims that he will prove before a court that he was excommunicated after a legitimate appeal or that the sentence was an error, is to be avoided in all things except in matters pertaining to the furnishing of that proof.

In answer to the first doubt, we decree that to one making the petition absolution is not to be denied, even though the excommunicator objects, unless he declares that he excommunicated him for a manifest offense. In which case a period of eight days is to be granted him to prove his objections. If he does so, the sentence may not be removed, unless there is sufficient evidence that the one excommunicated will amend ; but if he does not prove that the offense was manifest but still remains doubtful, then absolution may be given ad cautelam, provided the one excommunicated has given satisfactory assurances to appear in court if later it should be found that the excommunication had been justly and canonically imposed.

In regard to the second point, we decree that he who is admitted to furnish such proof, is during the time that he furnishes that proof to be avoided in judiciis. Outside of court, however, he may be admitted to offices, postulations, elections, and the exercise of other legitimate acts.

Canon 9

Since it is dangerous for bishops and their superiors on account of their pontifical duties to incur ipso jure the sentence of interdict or suspension, we decree that bishops and other superior prelates do not under sanction of any constitution incur the aforesaid sentences unless express mention is made of them to that effect in the constitutions.

is Kober, Der Kircbenbann, pp. 172.

THE FOURTEENTH GENERAL COUNCIL (1274)