Second Council of Lyons (1274)

Canon 1

The Holy Ghost proceeds eternally from the Father and the Son as from one principle and by one spiration.

We confess that the Holy Ghost proceeds eternally from the Father and the Son, not as from two principles, but as from one principle, not by two spirations but by one single spiration. This the Holy Roman Church, the mother and mistress of all the faithful, has hitherto professed, preached, and taught, this she firmly holds, preaches, professes, and teaches; this is also the true and unchangeable teaching of the orthodox fathers and of the Latin and Greek doctors. But, because some through ignorance of the aforesaid irrefutable truth have fallen into various errors, we, wishing to pre. clude such errors, with the approval of the holy council condemn and reject all who presume to deny that the Holy Ghost proceeds eternally from the Father and the Son, or rashly assert that the Holy Ghost proceeds from the Father and the Son as from two principles and not as from one.”

Canon 2

The law of the conclave and the provisions governing it in the election of a Roman pontiff.

Where a greater danger exists, there without doubt a fuller déliberation is necessary. How grave are the losses resulting from a prolonged vacancy, and how full of dangers it is to the Roman Church, is shown by a prudent consideration of the past. Hence, a manifest reason urges us that, while we are engaged in the reformation of minor matters, we do not leave without a remedy for suitable reform those things that are more dangerous. Wherefore, all things that have been wisely enacted by our predecessors and especially by Alexander III *? of happy memory, for putting an end to discord in the election of the Roman pontiff, remain absolutely unchanged, for from these we intend to eliminate nothing, but merely to supply in the present constitution what experience has proved to be wanting. With the approval of the holy council, therefore, we decree that when the pope dies in the city in which he resided with his curia, the cardinals who are present in that city must wait only ten days for their absent colleagues. On the expiration of that time, whether those absent have arrived or not, they shall assemble in the palace in which the pope lived. Each one may have only a single servant, either cleric or layman, as he may choose. Those, however, in regard to whom an evident necessity suggests an indulgence in this matter, we permit to have two, who also may be chosen by themselves, In this palace all must assemble in one room, without partt Pages ro f, 23 Denzinger, nos. 691, 703 f. s Third Lateran Council, canon 1.

tition or tapestry, and live in common. This room, except for free access to a private chamber, must be locked on all sides, so that no one may go in or out. To no one shall admittance to the cardinals be granted, nor shall anyone be given opportunity to speak with them secretly. Visitors may not be admitted except those who with the consent of all the cardinals present may be called only for reasons connected with the matter of the election. And no one shall be allowed to send a message, either verbal or written, to the cardinals or to any one of them. Whoever acts contrary to this by sending a message, either verbal or written, or by speaking secretly with any of them, incurs ipso facto the sentence of excommunication. In the aforesaid room, however, a suitable window must be left open through which the necessary food may be conveniently served to the cardinals, but which must be so arranged that no one can enter thereby. But if, which God forbid, within three days from the time they enter the aforesaid room, the cardinals have not provided the Church with a pastor, they must for the period of five days immediately following, on each day, be content at their noon and evening meals with only one dish. If at the end of that time they have not provided a pastor, then they shall be served only bread, wine, and water till they have done so. During the time of the election the cardinals may receive nothing from the papal treasury, nor from any other revenue accruing to the Church from whatsoever source during the time of the vacancy; but during the vacancy everything must remain under the guardianship of him to whose care the treasury has been entrusted, to be preserved by him for the disposition of the future pontiff. Those, however, who have received something shall be bound from then on to abstain from accepting any revenues belonging to them, till they have made full satisfaction of the amounts thus received. That the cardinals may be free to hasten the election, they may not occupy themselves with any other business unless perchance an urgent necessity should arise imperiling the Church or its possessions, which all the cardinals recognize as demanding their attention. If any one of the aforesaid cardinals should not have entered the conclave, as above stated, or having entered, should leave the enclosure for any reason other than sickness, he is not to be admitted or readmitted, and the election is to proceed without him. But, if overcome by sickness it happens that one of them should leave the enclosure, his vote not being required, the election may proceed even during his illness. But if after recovery, or even before, he should wish to return and the election is not yet over, he may again be admitted to the conclave and take up the business where he finds it, observing the enclosure and partaking of the same food and drink as the rest. The same applies to those absent cardinals who arrive before the election is over, though after the expiration of the ten days.

But should it happen that the pope dies outside the city in which he resided with his curia, the cardinals are bound to assemble in the city in whose territory or district the pontiff died, unless perchance that city be under interdict or in open rebellion against the Roman Church, in which case they shall assemble in a neighboring city free from interdict and open rebellion. In this city also, the election being held in the episcopal residence or in some other house placed at the disposal of the cardinals, the same things are to be observed relative to the awaiting of the absent cardinals, to the common life, the enclosure, etc., which have been stated above in connection with the case when the pope dies in the city in which he resided with his curia.

Moreover, since it is of little advantage to make laws unless there be one to enforce them, we decree by adding that the rulers and officials of the city in which the election of the Roman pontiff is held, by our authority, with the approval of this council, and by the authority committed to them, see to it that each and all of the aforesaid prescriptions be fully and inviolably observed without fraud and deceit; nor shall they presume to impose upon the cardinals greater restrictions than are prescribed. That these things may be so observed, as soon as the death of the pope becomes known, let them (the rulers) take an oath in the presence of the clergy and the people of that city, called together especially for this purpose. If perchance, however, they commit fraud in the aforesaid matters or in matters connected with them, or do not diligently observe them, whatever may be their rank, condition or position, omni cessante privilegio, they incur eo ipso the sentence of excommunication and ate branded forever as infamous; all dignities shall be forever detied them, nor shall they be admitted to any public office. We decree, moreover, that they be ipso facto deprived of all fiefs, properties, and everything else that they have received from the Roman Church or any other churches, so that these revert to the respective churches in their entirety, to be disposed of without opposition in a manner judged best by the administrators of those churches. The aforesaid city, moreover, is to be placed under interdict and deprived of pontifical dignity. But because, when inordinate passion warps the judgment or when some pledge leaves open only one course of action, the election comes to an end for the reason that the liberty of choice is destroyed, we, beseeching the cardinals through the bowels of the mercy of God, through the shedding of His precious blood, solemnly protest that, pondering attentively their immediate duty, since it is a question of the creation of a vicar of Jesus Christ, of a successor of St. Peter, of a ruler of the Universal Church, of a leader of the flock of the Lord, every disorder of private feeling being laid aside, and every pact, agreement, or obligation being severed, they do not consider their own interests or those of their friends, do not seek the things that are their own or strive after private advantage, but with no one but God influencing their judgment, with minds unhampered and with a clear knowledge of their duty, let them, as far as is possible, by every effort and solicitude attend freely to the common good; keeping before their minds this only, that they speedily give to the Church a suitable head. Those, however, who act otherwise shall be subject to divine punishment, and their offense, unless they do severe penance on its account, is in no wise to be remitted, Moreover, we cassate and declare null and void all pacts, agreements, and obligations, whether they are bound by oath or any other vinculum firmitatis, so that no one is obliged to observe them in any way whatsoever, nor shall anyone fear from this transgression to have broken his word; on the contrary, to such a one is rather due great honor, since even the secular law testifies that transgressions of this kind are more acceptable to God than the observance of the oath.

But because the faithful should not so much put trust in a search for a pope as hope in the moving force of humble and devout prayer, we add to this decree that in all cities and in other prominent places, when word is first received of the certainty of the pontiff’s death, the solemn obsequies having been celebrated for him by the clergy and laity, every day till it is known for certain that a head of the Church has been elected, prayers be offered to God, beseeching Him that He who brings about harmony in His realms, may so move the hearts of the cardinals toward an agreement in the election that a speedy, harmonious, and suitable choice, that will promote the salvation of souls and answer the needs of the whole world, will result from their unanimity. And that this salutary decree may not be neglected under cover of ignorance, we strictly command that patriarchs, archbishops, bishops, and other prelates of the churches, and others to whom has been entrusted the duty of preaching the word of God, in their sermons diligently exhort the clergy and laity, especially and frequently called together for this purpose, to resort often to prayer for a speedy and happy termination of so great a matter; and by the same authority we command them to exhort not only to frequent prayer but also to the observance of the fasts so far as circumstances will permit.

Canon 3

Appellants against the form of the election or against the persons of the electors or the one elected must express their objections in writing and declare on oath that they believe them to be true and can prove them. Any objection not so expressed renders the document worthless, unless new evidence should come to light.

That we may, so far as possible, put an end to malice in the matter of elections, postulations, and ecclesiastical collations, lest a prolonged vacancy prove dangerous to the Churches, or the collation of dignities and other ecclesiastical benefices be delayed, we decree that if at times some object to elections, postulations, or collations by proposing a defect in the form of the election, postulation, or collation, or by finding fault with the persons of the electors or the one elected, or with the person of the one to whom a benefice is to be given or has already been given, and on this account happen to appeal, those who make the appeal must state in a public document or in letters and in the presence of an authorized person or persons who must bear witness to the truth in this matter, everything to which they intend to object in the matter of form or persons, and they must take an oath that they believe those things which they expressed in the document are true and that they can prove them. Otherwise the appellants as well as their adherents, if they object to something not expressed in such letters or documents, shall be denied an appeal, unless perchance something should afterward arise or evidence should come to hand to prove an old impediment, or some old impediment should come to the knowledge of the appellants of which they probably could have been ignorant and even were ignorant at the time the appeal was made. However, in the matter of ignorance and also in the matter of new evidence, they must take an oath, and to this oath must be added their statement to the effect that they believe they have sufficient evidence to prove them. Those things which Innocent IV of happy memory decreed against those who are unable to prove fully their charges against the form or the person, we wish to remain in force.

Canon 4

Anyone elected is forbidden to administer the office either per se or prr alium, in part or in its entirety, before his election has been confirmed.

The blindness of avarice and the dishonesty of a perverse ambition having enslaved the minds of some, move them to such a degree of rashness that they endeavor to obtain by fraud things that they know are forbidden them by law. Some, elected to the government of Churches, though they are forbidden by law to assume the administration thereof before the confirmation of their election, manage to have that administration committed to them as procurators. Since, therefore, no favors must be shown to the perversities of men, we, wishing further to provide against this, decree by this general constitution that no one shall in the future presume to take over or meddle in, under the name of procurator or any other newly assumed title, the administration of a dignity to which he has been elected, either in its spiritualities or temporalities, per se or per alium, in part or in its entirety, before his election has been confirmed, All who act otherwise, we decree are eo ipso deprived of the right bestowed upon them by the election.”

Canon 5

The electors must as soon as possible make known the result of the election to-the one elected, who must within one month state his intention, otherwise he loses the right thus acquired. After acceptance, he must within three months seck confirmation, or the election becomes eo ipso null.

How injurious a vacancy is to the Churches, and how dangerous it usually is also to souls, not only is borne witness to by the

L e canon 26 of the Fourth Lateran Council. Also c. 17, X, De elect., I, 6.

laws but is shown also by experience. Wishing, therefore, by suitable remedies to put an end to prolonged vacancies, we ordain in this decree that when an election has been held in some Church, the electors see to it that its result be made known as soon as can conveniently be done to the person elected and his consent sought; the one elected, however, is bound to declare his intention within one month from the time of such notification. If on the expiration of that time he has failed to do so, he is eo ipso deprived of the right which came to him from the election, unless his position be such that he cannot by reason of a prohibition or some provision of the Apostolic See accept the election without the permission of his superior. In which case he or his electors must endeavor to seek and obtain permission from his superior with such haste as the presence or absence of the superior may require. Otherwise, if the time has expired, even with the allowance made for the presence or absence of the superior, and permission has not been obtained, then the electors are free to proceed to a new election. Moreover, the one elected must seek the confirmation of his election within three months from the time that he gave his consent. If without just cause he fails to do so during this time, the election becomes eo ipso null.

Canon 6

He who knowingly votes for an unworthy person does not lose his right.to vote, unless an election results.

We decree that those who in an election knowingly vote for an unworthy person are not deprived of their right to vote, unless they so persist in voting thus that an election results from their votes; nevertheless, for knowingly voting for an unworthy person and thus acting against their conscience, they have good reason to fear the divine vengeance and the punishment of the Apostolic See according to the gravity of their offense.

Canon 7

He who has voted for the one elected or indorsed one elected by others, may not impugn him for his election except for good reasons afterwards.

We decree that no one is permitted after he has voted for the one elected, or indorsed the one elected by others, to impugn him super electione ipsa, except for reasons that should afterward become known, or unless moral laxness, hitherto concealed, should now become evident, or any other hidden vice or defect of which one could have been ignorant, be revealed. Concerning such ignorance, however, he must take an oath.

Canon 8

In a divided election the minority or the one elected by it is forbidden to find fault with the majority. `

If at times it should happen in a divided election that one part of the voters is greater by double the number of the other part, we in the present decree forbid the minority or the one elected by it to-do anything that will detract from the zeal, esteem, or authority of the majority. Such objections we permit only in case it is intended to show that the election of the majority is invalid.

Canon 9

The consideration of judicial or extra-judicial appeals in the matter of episcopal elections does not devolve upon the Apostolic See, unless they are put in writing and the probable cause is assigned which, when proved, may be regarded ë legitimate. — me u (f, the decree Si postquam of Boniface VIT, c. 33, VI°, De elect., I, 6.

Though the constitution of our predecessor, Alexander IV of happy memory, with good reason places disputes arising from episcopal elections in the category of causae majores, and asserts that their examination in case of an appeal devolves upon the Apostolic See, we, howeyer, wishing to restrain the indiscreet boldness of appellants and the immoderate frequency of appeals, take occasion in this general constitution to declare that when in the aforesaid elections or in other elections of dignities higher than the episcopal an extra-judicial appeal is made on manifestly frivolous grounds, the consideration of an appeal of this kind does not devolve upon the Apostolic See. But, when in cases of such elections an appeal is made in judicio vel extra judicium, let the matter be referred to the same See in writing, assigning the probable cause which, when proved, ought to be considered legitimate. Moreover, in all the aforesaid cases it is permissible for the parties to withdraw such appeals before they have been presented to the Apostolic See, nulla tamen interveniente pravitate (such as simony, violence, fear). When the appeal is withdrawn, the inferior judges must before all else diligently inquire whether dishonesty played any part in the withdrawal, and if they find that such was the case, they shall not inject themselves into the affair, but shall appoint for the said parties a suitable and fixed time in which they shall present themselves before the

Apostolic See with all the acts and also documents relative to their own defense.*?

Canon 10

Y among the objections lodged against one to be promoted there is the defectus scientiae vel personae, the latter defects must first be inquired into, and if they be found groundless, the objectors are to be punished.

If perchance among other points on which objections are made against the one elected or postulated or otherwise to be promoted to some dignity, there is put forth an evidens scientiae vel alius personae defectus, we decree that in the examination of the objections the following order be invariably observed: that the one to be promoted be before all else examined in regard to this defectus scientiae vel personae, the result of which will determine whether he is to be granted or denied an examination of the other objections, But, if the result of the aforesaid examination should show that such objection is without foundation, the objectors are to be absolutely

42 Because of non-observance of this decree by some and the consequent confirmation and consecration of those elected without the required examination, Boniface VIII in 1299 supplemented it by adding that in the future such confirmations and consecrations and all juridical acts connected with them are invalid and that the metropolitan guilty of such non-observance loses ipso facto for one year his right of confirming and consecrating. C. 44, VIe, De elect, I, 6.

denied the prosecution of the case, and we decree that they be punished with the same measure of punishment that they would have received had they utterly failed to prove all their objections.

Canon 11

Those who oppress ecclesiastical persons, their relations, or the churches for no other reason than that the clerics did not elect him whose election they sought, are ipso facto excommunicated.

All who presume to oppress clerics or any other ecclesiastical persons among whom it is the practice to hold elections in churches, monasteries, or other religious places, or their relatives, the churches, monasteries, or other places, by plundering either per se or per alios the benefices or other properties belonging to them, or by avenging themselves in other ways, for no other reason than that they (the clerics) refused to elect him whose election they sought or endeavored to bring about, are ipso facto excommunicated.

Canon 12

Those who usurp authority and appropriate revenues of vacant churches and monasteries, also clerics and monks abetting this, are ipso facto excommunicated. Clerics who do not resist such action shall be deprived of their revenues. Those who as founders or in virtue of custom.claim such rights must see to it that such properties are taken care of.

By a general constitution we decree that each and all, of howsoever exalted a dignity they may be, who shall in the future attempt to usurp regal rights (regalia), the office of advocate or defensor of churches, monasteries, or any other religious places, and thus presume to take possession of the goods (revenues) of vacant churches, monasteries, or their estates (Jocorum), clerics and monks also, and other persons attached to these churches and monasteries, who assist in bringing this about, are eo ipso excommunicated. Clerics who do not resist, as they should, those who do such things, we sttictly forbid to receive anything from the revenues of the churches or their estates during the time that they permitted the aforesaid actions without due opposition. Those, however, who as founders of churches or of other places, or in virtue of an ancient custom lay claim to such rights, must prudently abstain from their abuse and see to it that their ministers also abstain from it, so that they do not appropriate revenues beyond those that accrue to such churches and monasteries during a vacancy ; nor must they permit other properties over which they claim to have the guardianship to go to ruin, but must keep them in good condition.

Canon 13

The bestowal of a parochial church on one who has not attained the age of twenty-five years is null. He who has been given a charge of this kind must reside in the church of which he is rector, and within one year he must be promoted to the priesthood, otherwise he shall be deprived of the church committed to him.

Though the decree edited by our predecessor, Alexander III of happy memory, ordained among other things that no one may be assigned to the direction of a parochial church unless he has attained the age of twenty-five years and meets the requirements of knowledge and morals, and that the one so assigned, if, after being warned, he does not within the time specified by the canons receive priestly orders, shall be removed from that office, which is then to be conferred on another; because, however, many show themselves negligent in the observance of the aforesaid decree, we, wishing to replace their negligence by the observance of the law, enact in the present decree that no one may be appointed to the direction of a parochial church unless he fulfils the requirements of the law in regard to knowledge, morals, and age. We decree, moreover, that in the future the assignment of parochial churches to those who have

48 Thomassin, Vetus et nova ecclesiae disciplina, TIL, lib. 1I, c. 54 f. Phillips, Das Regalienrecht in Frankreich, Halle, 1873; Makower, Die Verfassung der Kirche v. England, Berlin, 1894; Michelet, Du droit de régale, Ligugé, 1900.

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not yet attained the age of twenty-five years is absolutely null. He who is given a charge of this kind, that he may the more diligently watch over his flock, must personally reside in the parochial church of which he is rector, and within a year from the time that he received the office he must see to it that he is promoted to the priesthood. If within this time he has not been so promoted, he shall by the authority of the present constitution, even without a previous warning, be deprived of the church committed to him. With regard to the obligation of residing in his parish, as was said above, the ordinary may, when good reasons exist for doing so, grant the favor of a dispensation for a time.

Canon 14

Anyone not of legitimate age and not in priestly orders may not be given a parochial church in commendam, and when given, such grant may not extend eyond a period of six months.

No one shall henceforth presume to give a parochial church in commendam to any person who has not yet attained the legitimate age (that is, twenty-five years) and has not received priestly orders, Nor may anyone have more than one such church, which should be granted only in case of great necessity or when evident advantage would accrue therefrom to the church. The grant of a church in commendam made in due form is not to extend beyond a period of six months. Whatever has been done otherwise concerning the bestowal of parochial churches in commendam, we decree to be ipso jure null.

Further decrees

Canon 1

Those who knowingly ordain clerics of another diocese without the permission of the bishop of that diocese lose for one year the right of conferring orders.

We decree that those who knowingly, or through affected ignorance or any other studied fabrication, presume to ordain clerics of another diocese without the permission of the superior of the ordinandi, are suspended for a year from the conferring of orders; those things that the laws decree against those so ordained are to remain in force. To the clerics of the dioceses of those so suspended, after their suspension has become known, we grant the liberty of receiving sacred orders in the meantime from neighboring bishops who are in good standing, even without the permission of their (suspended) ordinaries.*?

Canon 16

Bigamists are deprived of all clerical privileges and are subject to the coercive power of the secular forum.

Deciding in the present decree the question of an old quarrel, we declare that bigamists are stripped of every clerical privilege

47 Sess. VII, c. 3 de ref. 48 Thomassin, II, lib. MI, c. 10 f. 49 Council of Trent, Sess. XIV, c. 2, and Sess. XXIII, c. 8 de ref.

and are subject to the coercive power of the secular forum, any custom to the contrary notwithstanding. Under penalty of anathema we forbid them to wear the tonsure and the clerical garb.”

Canon 17

Canons wishing to discontinue the divine offices must express the cause in a public document provided with their seals, which they must transmit to him against whom the cessation is declared, otherwise all revenues received during the cessation must be restored and satisfaction made to him against whom the cessation was directed. Should the cause be judged canonical, he who gave occasion for the cessation, must make satisfaction to the canons and to the church.

If the canons should wish to abstain from the celebration of the divine offices, as in some churches they claim to have the tight to do from custom or otherwise, before they proceed in any manner to such a cessation, they must indicate the cause of that cessation in a public document or in letters patent provided with their seals or certified by a reliable third party, and they must transmit it or them to him against whom they intend to declare the cessation. But if they declare the cessation with the omission of these provisions or if the cause which they assigned should prove to be not canonical, all the revenues which from and during the time of cessation they received from the church in which the cessation existed, they must restore. Those also which during the same time are due to them, they may not receive but are bound to give them to the church; and they are bound, moreover, to make satisfaction to him against whom they declared the cessation for the losses and injuries sustained. But if the cause should be judged canonical, he who gave occasion for the cessation shall be condemned to make satisfaction to the canons and to the church, whose offices were interrupted through his fault, to the amount which is to be determined by the judgment of the superior and which is to be applied to the needs of divine worship. We absolutely condemn that detestable abuse of

. those who, to intensify the cessation, with an irreverent boldness 'lay.on the floor and place under nettles and thorns the crucifixes and pictures or statues of the Blessed Virgin and the saints; and we strictly forbid that such things be done in the future. We decree that on those who do the contrary a punishment of such severity be imposed that it will restrain others from perpetrating such things.

Canon 18

Those who hold several benefices with the cura animarum attached, must within a time specified by the bishops exhibit their dispensations, otherwise such benefices shall be conferred on others. If the dispensations are satisfactory, the possessor is not to be molested. Ordinaries must see to it that in such churches the cura animarum is not neglected. In case of a doubtful dispensation, recourse must be had to the Apostolic See.

Ordinaries must compel their subordinates who hold several dignities or churches to which is attached the cura animarum, or only one dignity with another benefice to which is annexed a like cura, to exhibit within the time specified by them the dispensations on the authority of which they claim to hold canonically such churches or dignities. If, justo impedimento cessante, within the time prescribed no dispensation has been exhibited, then the benefices and dignities which they hold evidently without a dispensation and consequently illicitly, are to be freely conferred upon competent persons by those whose duty it is to confer them. If, on the other hand, the dispensation exhibited appears satisfactory, the possessor is not to be disturbed in the possession of the benefices that he has obtained ina canonical manner. Let the ordinary see to it, however, that in those churches and dignities the cura animarum is not neglected or the

51 Due to an abuse of the cessatio a divinis by the canons, Boniface VIII in his decree Quamvis super (c. 8, VI», De off. ordinarii, I, 16) restricted its application.

benefices defrauded of the services due to them. In case the dispensation exhibited is doubtful, recourse must be had to the Apostolic See, In bestowing dignities and other benefices to which the cura animarum is annexed, let ordinaries use the utmost care and not presume to confer a dignity or another benefice to which is annexed a like cura upon anyone already holding several such, until a satisfactory dispensation is shown them in regard to those already obtained. But even if the dispensation is shown, the ordinary may not then confer another benefice unless the one seeking a new dignity or benefice with the cura animarum annexed has a dispensation for it, or unless he freely resigns those that he already holds. Otherwise the collation of such dignities and benefices is entirely out of the question.

Canon 19

All advocates in ecclesiastical causes must declare on oath that they will serve their clients to the best of their ability, and withdraw from the case when they leam that the cause which they in ood faith undertook to defend is an unjust one. Procurators must take a similar oath. This oath the advocates and procurators must renew every year. No advocate may receive for salary more than twenty and no procurator more than twelve Tours pounds.

It seems to us imperative that something should be done to correct the unwarranted protraction of lawsuits, which we hope can be éfficaciously secured if by suitable means we direct in this matter those who have charge of judicial affairs. Since, therefore, those things that have been provided by legal sanction for the protection of the litigants in this matter seem to have fallen into desuetude, we in the present constitution renew that sanction with some additions and modifications, and decree that each and all who hold the office of advocate in the ecclesiastical forum or at the Apostolic See or elsewhere, must take an oath on the Gospels that in all ecclesiastical causes and others to be examined in the same forum, of which they have assumed or will assume the defense, they will use all their power and influence to secure for their clients what they consider true and just, neglecting nothing in this matter so far as is possible; and if in the course of the trial it should become known to them that the cause which they accepted in good faith is an unjust one, they will no longer conduct its defense but will absolutely withdraw from it. The remaining things pertaining to this matter which have already received legal sanction, are to be inviolably observed. Procurators must bind themselves by similar oath, and this oath both the advocates and procurators shall be bound to renew every year tf Third Lateran Council, canon 13; Fourth Lateran Council, canon 28; Council of Trent, Sess. VII, c. 4 and Sess, XXIV, c. 17 de ref.

in the tribunal in which they took the office. Those who come to the Apostolic See or to the curia of any ecclesiastical tribunal, in which they have not yet taken such an oath, in every particular case in which they are about to undertake the defense or assume the office of procurator, they must in each case take a similar oath at the beginning of the proceedings. Advocates and procurators who refuse to take the oath in accordance with the aforesaid provision, are forbidden the exercise of their office as long as their unwillingness continues. However, if they have presumed to violate the oath taken, besides the guilt of perjury, they shall, as counselors who knowingly support an iniquitous cause, incur the divine malediction and ours, from which they are not to be absolved until they have restored double the amount they received from the unjust use of their office, and over and above this they shall be bound to make satisfaction for the losses sustained by the parties through their unjust ministrations. Moreover, lest cupidity should impel some to despise these salutary statutes, we strictly forbid that an advocate presume to receive in any cause whatsoever as salary or even under color of a bonus more than twenty and a procurator more than twelve Tours pounds (libras Turonenses). Those who receive more acquire no dominium over that which exceeds the aforesaid amount, but are bound to its full restitution. And none of those things which we said they are bound to restore, may be given back to them in violation of the present constitution. Advocates violating the provisions of the present decree in such manner, are to be suspended from their office for a period of three years. Procurators, on the other hand, shall be denied permission to exercise their office in a judicial tribunal.

Canon 20

Absolution from censure obtained by force is null and those who do so obtain absolution are excommunicated.

Absolution from, or revocation of, the sentence of excommunication, suspension, or interdict, extorted or obtained by force or fear, we declare by the authority of this constitution null and void. But that the impudence of violence may not go unpunished, we decree that those who by force or fear extort such an absolution or revocation, are excommunicated.

Canon 21

If within a month from the time that they become vacant the pope does not fill benefices in the Roman curia, they to whom such collation pertains may do so.

The statute of our predecessor Clement IV of happy memory, that vacant dignities and benefices in the Roman curia are not to be filled by anyone except the Roman pontiff, we decree to be so modified that they to whom the collation of those dignities and benefices belongs, the aforesaid decree notwithstanding, may themselves, only after a month from the day that they become vacant, confer them; or in case of their absence at a great distance, they may be conferred by the vicars general residing in their dioceses, to whom this may be canonically entrusted.

Canon 22

Prelates are forbidden to surrender the churches or their rights to laymen without the consent of their chapter and without the permission of the Apostolic See, All contracts thus far made without such consent and permission are null, Those who act otherwise are suspended for three years. Laymen who have compelled -derics to yiéld to such subjection and do not return what they have acquired, are excommunicated. 88 Thomassin, II, lib. I, c. 48, nos. 2 and 9. u Góller, Die Einnabmen der apost. Kammer unter Job. XXII (1910), 92 f.

We forbid all prelates to transfer or surrender to laymen the churches committed to them, their immovable possessions or their rights without the consent of their chapter and without the special permission of the Apostolic See. They do not hand over these properties and rights in emphyteusis, nor do they alienate them in any other way permitted by law, but they declare that they receive and hold them from laymen as from superiors, the laymen on the other hand holding them in perpetuum or at least for a long time as protectors, that is, as patrons or advocates. All contracts, even if bound by oath, penalty, or any other constraining device, which without such permission and consent have been made in regard to such alienations, whatever their result has been, we decree to be absolutely null and void to the extent that they confer no rights and furnish no ground for prescription. We decree, moreover, that prelates who act otherwise, and clerics who, knowing that the aforesaid prohibition has been transgressed, neglect to make it known to the superior, are suspended for a period of three years, the former from office and administration, the latter from the perceptio beneficiorum in whose oppression they were so instrumental. Laymen who in the past have compelled prelates or chapters or other ecclesiastical persons to yield to subjection of this kind, unless after an admonition they return what they obtained through force and fear, and restore to the churches and ecclesiastical possessions freedom from lay control, those also who in the future should compel prelates or other ecclesiastical persons to do such things, whatever their state or condition may be, shall be bound by the sentence of excommunication. In contracts thus far made with the required permission and consent, and in those that happen to be made in the future, laymen are not to claim anything beyond what is permitted them by the contracts or by the law governing them. Those who act otherwise, unless, after a legal warning, they cease from such usurpation and restore the things illegally taken, shall eo ipso incur excommunication, and if necessary their lands shall be placed under ecclesiastical interdict.

Canon 23

Religious orders are not to be multiplied. Mendicant orders founded since 1215 and not approved by the pope are abolished; those approved may not receive any more to profession, or acquire new houses, or preach to outsiders, or hear their confessions or bury them. Those violating these provisions are excommunicated. This constitution does not apply to the Dominicans, Franciscans, Carmelites, and Augustinians. Members of orders to which this constitution applies may enter approved orders.

The General Council (Fourth Lateran) to avoid confusion wisely prohibited a too great diversity of religious orders. But because not only the troublesome clamor of applicants has by pressure subsequently elicited their multiplication, but also because the boldness of some of the different orders, particularly the mendicants, whose foundation has not yet received approval, has brought about an almost unbridled multitude, we by a renewal of that constitution absolutely forbid anyone in the future to establish a new order or to take the habit of a new order. We forever prohibit and abolish all orders and mendicant orders founded after the said council, which have not received the confirmation of the Apostolic See. Those founded after that council and confirmed by the Apostolic See, who by virtue of their profession, rule, or constitutions are dependent for their livelihood on the alms of the public, we decree that they observe the following rule: Those who have already made profession in them may remain in them if they wish, but these orders may not henceforth receive any more to profession, nor may they acquire new ‘houses or other places, or dispose of houses or places that they have without special permission of the Apostolic See. These things we reserve to the disposition of the same See, to be used in aid of the Holy Land, of the poor, or other pious uses through the ordinaries of the localities or those to whom the same See shall entrust them. Any violation of these provisions invalidates the acts so performed, and those guilty shall incur excommunication. Members of these otders are absolutely forbidden to preach to outsiders, to hear their confessions, or to bury them. The present constitution, however, we do not wish to be extended to the Order of Preachers and Friars Minor, whose eminent usefulness to the universal Church is apparent. The Order of Carmel and the Hermits of St. Augustine whose foundations antedate the aforesaid council, we permit to continue in suo statu till we ordain otherwise; for it is our intention to provide for poterat bene defendere contra illos, advocabat regem vel principem, ut per eum ab liorum oppressionibus tueretur et tali autem advocatione rex ille vel princeps dicebat sibi jus acquiri et se semper superiorem dominum esse in re propter quam advocatio faeta erat.”

these as well as for all the rest, even the non-mendicant orders, such measures as we may deem expedient for the salvation of souls and for their own welfare. To the members of the orders to which the present constitution applies, we grant general permission to enter other approved orders. So, however, that no order as a whole and no conventual community as a whole may transfer or incorporate itself and its possessions in another order or convent, unless it has obtained for this purpose the special permission of the Apostolic See.

Canon 24

Those who in the matter of procurations act in contravention of the provisions of Innocent IV, shall be bound to restore double of the amount received.

The boldness of perverse men demands that we do not content ourselves with the prohibition of offenses, but also impose punishment on the offenders. That the constitution *? of our predecessor Innocent IV of happy memory, forbidding visitors and their attendants to receive procurations in money and also to receive gifts, which it is said many disregard, may be inviolably observed, we have decided to aid its observance by adding a penalty for its violatión, decreeing that each and all who, in place of the procurations due them by reason of visitation, presume to demand money, or even accept it when willingly offered, or otherwise violate that constitution by receiving gifts, or without having actually made a visitation, to receive procurations in the form of victuals or other articles, shall be bound to restore within one month double of what they received to the church from which it was accepted; otherwise patriarchs, archbishops, and bishops, deferring to restore to the church double of what they received beyond the time above specified, are ipso facto forbidden to enter a church." Visitors delegated by them are ipso facto suspended from office and benefice till they have made plenary satisfaction by restoring double the amount to the churches from which it was received, even if the original contributors should offer a reduction in the amount to be restored.

Canon 25

The church is the house of God. Hence all wilful disturbance, all idle talk and gossip, all foul and profane language must be excluded therefrom. In them and in their cemeteries the noises of fairs, markets, and secular tribunals must be silent. Whatever disturbs the divine offices or offends the divine Majesty, must be banished.

Holiness belongs to the house of God, in order that His place which has been established in peace may have a peaceful worship with suitable respect. Therefore, let entrance to the churches be humble and devout. Let there be in them silent prayer, pleasing to God, undisturbing to those contemplating, and instructive and refreshing to those meditating. Those assembling there, let them extol by a show of special reverence that name which is above every name, than which there is no other under heaven given to men, in which

61 C. 11, C. X, q. 1; c. 15, X, De off. jud. ord., I, 31; Council of Trent, Sess, XXIV, c. 3 de ref.

62 C. 6, X, De off. archidiac, I, 23.

** Canons 4 and 33 of the Third and Fourth Lateran Councils respectively.

95 Thomassin, Vetus et nova ecclesiae disciplina, III, lib. IL c. 32 f. Göller, Die Einnahmen d. apost. Kammer unter Job. XXII. Duranti, fol. 83, says in regard to that clause in the text: visitationis officio non impenso, "respicit precedentia ac sequentis, punitur ergo hic, qui procurationes recipit in pecunia vel etiam aliis a locis non visitatis et haec fuit mens d. papae, prout saepe ab ipso audivi, licet littera ista confuse loquatur.”

those believing shall be saved, the name of Jesus Christ, who saved His people from their sins; and what is written, that “in the name of Jesus every knee should bow,” let all carry out in themselves, especially during the celebration of holy mass, and whensoever that name comes to mind let them bend the knees of the heart, which reverence they may manifest by an inclination of the head. Let the sacred solemnities in the churches be assisted at with attentive hearts and with minds engaged in devout prayer. Where the divine services are celebrated with peace and quiet, let no one create disturbance, excite commotion, or commit violence. Let all deliberations, assemblies, and discussions of societies cease. Let all idle talk and gossip, and above all foul and profane language, find no place there. Finally, whatever other things might disturb the divine offices or offend the eyes of the divine Majesty, let them be banished from the churches, lest where the forgiveness of sins is to be sought, there may be given an occasion of sinning, or sin may be actually committed. In the churches and in the cemeteries let business matters and especially fairs or markets be excluded, and let the noise of secular tribunals be silent in them. Let no cause and especially no criminal cause be conducted therein by laymen, nor let trials of laymen take place there. We ask the ordinaries to see to it that these things are observed. Let them recommend the things that are proper and restrain by the authority of this decree those that are forbidden. They may also appoint in the churches men who are diligent and competent for bringing about the observance of the things aforesaid. Moreover, trials conducted by secular judges and especially the sentences pronounced in those places, let them be null and void. Those who insolently despise the aforesaid prohibitions, besides the punishment of ordinaries and of those appointed by them, have reason to fear the severity of the divine vengeance and ours, until they have confessed their guilt and firmly resolved to abstain from similar acts in the future.®*

Canon 26

Associations and individuals are forbidden to permit strangers to practice within the limits of their territory; they are to expel all such usurers within three months. Nor shall anyone under whatever title lease them houses for this purpose under penalty of suspension, excommunication, and interdict. * This decree formed the beginning of the Confraternity of the Holy Name. Shortly after the council Gregory in the constitution Nuper in concilio (Ripoll, Bullarium Ord. Praed., 1, 524) chose the Dominicans to preach the devotion. John of Vercelli, the r4l of the order, at once communicated the Pope's wish to the provincials of the various provinces (Litterae Encyclicae Mag. Ord. Praed. ed. Reichert, Romae, 1900, p. 95). To give permanency to the devotion and the more effectively to realize its purve, it was decided to establish societies under the title of the Holy Name of Jesus. i, XXIV, 134-

Desiring to check the canker of usury which devours souls and exhausts resources, we command that the constitution of the Lateran Council against usurers be inviolably observed under threat of divine malediction. And since the fewer the opportunities given to usurers the more easily is the practice of usury destroyed, wg decree by this constitution that no community or association, por any ; individual, whatever may be his dignity, condition, or state, shall

: permit strangers and non-residents of their estates, who publicly practice or wish to practice usury, to conduct offices for this purpose on their territory or to retain those that they already have, or otherwise give them support, but they shall expel all known usurers from their territory within three months and shall not permit their return in the future. No one shall lease or under any other title whatsoever let them have the use of houses for the purpose of practicing usury. Those who do the contrary, if they be ecclesiastical persons, patriarchs, archbishops, or bishops, incur ipso facto suspension; individuals of lower rank incur ipso facto excommunication, and communities and other associations are ipso facto interdicted. If through obstinacy and for a month they despise these censures, their territories shall be placed and remain under interdict so long as usurers reside therein. If, however, they be laymen, omni privilegio cessante, let their ordinaries restrain them from such excesses by ecclesiastical censure.

Canon 27

Though notorious usurers have made provision for restitution in their testaments, they shall nevertheless be denied Christian burial until they have actually made it, at least in the form outlined in this decree. No one may hear their confession or give them absolution unless they have made full satisfaction. Otherwise those who ve them Christian burial incur the penalties prescribed by the Third Lateran Council fo such offenders.

Even though notorious usurers have made definite provision in their testaments regarding restitution in the matter of interest illegally taken, ecclesiastical burial shall nevertheless be denied them till plenary satisfaction has been made so far as their resources permit. This restitution is to be made to those to whom it is due, if they are present; in case of absence, to those who are authorized to act for them. If these also are absent, it is to be made to the ordinary of the locality, of to his vicar, or to the testator’s parish priest, in the presence of witnesses residing in that parish (in which case the ordinary, vicar, and rector may by the authority of this constitution receive in their name and in the presence of witnesses a pledge on which legal action may be based), or at the request of the ordinary a pledge concerning the restitution to be made may be given to a competent notary. If the amount of usury received is known, this is always to be expressed in the aforesaid pledge, otherwise the amount is to be determined by him who receives the pledge. However, he may not knowingly fix this amount at a lower figure than what he believes to be the correct one, otherwise he shall be bound to make satisfaction for the remainder. All religious and others who dare .. : in contravention of this constitution to admit notorious usurers tō ecclesiastical burial, we decree that they incur the penalty prescribed by the (Third) Lateran Council (canon 25) against usurers. No one may serve as a witness to testaments of notorious usurers, and no one may hear their confession or give them absolution, unless they make full restitution or give a satisfactory pledge to that effect in so far as their resources permit. Testaments of notorious usurers that make no reference to this point, are null and void.

8 Kober, Die Suspension, pp. 348 f.

68 According to Duranti, this decree was in part directed against the Florentine metchants.

Canon 28

Reprisals may not be granted against or extended to ecclesiastics. Those who act contrary to this and do not revoke their action within a month incur, if individuals, excommunication, if a community, interdict.

Though reprisals (pignorationes, more commonly, represaliae), in which one person or party is made to bear a burden or penalty in place of another, have already been prohibited by civil enactments as contrary to law and natural justice, that the prohibition, however, to apply them to ecclesiastical persons may be the more feared the more they are in a special manner checked, we strictly forbid that reprisals be granted against the aforesaid persons or their possessions, or, howsoever generally granted under pretext of custom, which we regard rather as an abuse, that those granted be carried into effect against them. Those who act contrary to this by granting and executing reprisals against such persons, unless they revoke such action within a month from the time of their concession, if they are individual persons, incur ipso facto the sentence of excommunication, if a community, it is ipso facto under interdict.

Canon 29

The admonition against intercourse with those excommunicated is canonical only when it contains the name of the one warned. There must be an interval of some days between the admonitions, unless necessity dictates otherwise.

To put an end to every ambiguity in regard to the constitution of our predecessor Innocent IV ™ of happy memory, which declares that those who, in any way by which minor excommunication is incurred, hold intercourse with those excommunicated, do not incur major excommunication unless previously warned, decreeing that the sentence of excommunication promulgated in any other way does not bind, we decree that in such a case the warning is canonical only when, other things being legally observed, it expresses the names of those who are warned. We decree also that in the matter of admonitions, which the Jaw declares must be previously made that the sentence of excommunication may be canonically promulgated, the judges, whether they issue three admonitions or one for all, must observe an interval of some days between them, unless necessity of the case should dictate otherwise.

Canon 30

Absolution ad cautelam does not apply to a general interdict.

We decree that absolution ad cautelam does not apply to a general interdict promulgated against cities, castles, districts, or provinces.

Canon 31

Those who give permission to injure or oppress anyone for imposing the sentence of excommunication, suspension or interdict, incur ipso facto excommunication, and those remaining under that censure for two months must obtain absolution through the Apostolic See.

Whoever, because the sentence of excommunication, suspension, or interdict has been promulgated against a king, prince, ‘baron, nobleman, magistrate, or their ministers, or others, should give permission to anyone to kill, capture, or otherwise oppress in their persons or possessions or their relatives, those who pronounced such sentences or instigated their pronouncement, those also who observe them and those who are unwilling to communicate with those so excommunicated, unless such permission is revoked, or if by reason of that permission properties have been seized, unless these are restored within eight days or satisfaction has been made for them, incurs ipso facto the sentence of excommunication. The same t* First Council of Lyons, canon 12.

sentence is incurred by all who dare make use of the aforesaid permission or who on their own initiative do something of the aforesaid for the commission of which we have forbidden permission to be given. Those who remain under that sentence for the space of two months, cannot obtain absolution from it except through the Apostolic See.

Canon 32

A series of decrees dealing with the preparation of a crusade to the Holy Land.

Zeal of faith, fervor of devotion, and a feeling of compassion ought so to move the hearts of the faithful that all who glory in the Christian name, being touched by sorrow for the outrages perpetrated against their Savior, will rise up strongly and openly and come to the aid of the Holy Land and of the cause of God. Who, endowed with the light of faith and having before his mind the extraordinary blessings bestowed by our Savior in the Holy Land upon the human race, is not stirred with devotion, filled with love, and from his inmost being animated with compassion for the Holy Land, our heritage from the Lord? Whose heart does not soften with sympathy toward our Creator who in that land performed so many acts of charity? But, alas! the land in which the Lord deigned to bring about our salvation, the land which He consecrated with His blood that by His death He might redeem man, is without cause held and fearlessly devastated by the most accursed enemies of the Christian name, the blasphemous and treacherous Saracens. The Christians are inhumanly put to death and, to the greater dishonor of the Creator and the injury and sorrow of all who profess the Catholic faith, they taunt the Christians with insulting remarks, among them: Where is the God of the Christians? These and other things which the mind

74 Catalani, IV, 135 f.

et^ cannot fully comprehend or language describe, have inflamed our heart and aroused our mind, urging us who have been in that land and have not only heard the aforesaid things but have seen them with our eyes and touched them with our hands, to the utmost extent of our powers and with the aid of those whom the zeal of faith and devotion moves to this, to avenge the wrongs perpetrated against the One crucified. And because the liberation of that land must be the concern of all who profess the Catholic faith, we have convoked a council that in our deliberation of the matter with the prelates, kings, princes, and other prudent men, ways and means may be found whereby that liberation might be procured; and it might also be the occasion of the return of the Greeks to the Church, from which they in a moment of pride separated themselves, thus rending asunder the seamless garment of the Lord; and then there is the reform of morals which have been so much deformed by the sins of the clergy and people. In all of which we look for the direction of our acts and counsels to God, to whom nothing is impossible; who makes, when He wishes, easy the things that are difficult, and straight the things that are crooked.

"That the aforesaid things might be the more easily realized, and the dangers of war and the length of journeys, and incidentally also the hardships and expenses of the journeys, reduced to a minimum, we chose the city of Lyons as the most convenient place for the assembling of the council. In our frequent discussions with, its members they have not only manifested a sincere interest but have also given us valuable advice in matters pertaining to the liberation of the Holy Land. That we might not seem to impose undue or intolerable burdens on the shoulders of the people, we and our brethren, the cardinals of the Holy Roman Church, will pay for six consecutive years.a tenth of all our ecclesiastical revenues in aid of the Holy Land; and with the approval of the holy council we decree that for the same period of six consecutive years, beginning with the next feast of the Nativity of St. John the Baptist, all ecclesiastical persons, of whatever dignity or pre-eminence, condition, state of religion, or order, all privileges or indulgences in whatever form or expression to the contrary being hereby absolutely revoked, pay for the same purpose a tenth of all their ecclesiastical revenues of whatever nature, one-half to be paid on the feast of the Nativity of our Lord and the other half on the feast of St. John the Baptist.” That due reverence be paid to God, to his saints, and to the glorious Virgin, whose aid we invoke in these and other matters, we command that the conee

15 Though the Pope made the payment of the tithe obligatory upon all without distinction of rank or dignity, including monasteries of both sexes, less than two months after the publication of the constitution he began to exempt the latter. Potthast, Regesta, nos. 20905 (Cistercians), 20942 (Templars), 20946 (Knights of St. John), 20948 (enclosed nuns of the Order of St. Augustine), etc.

stitution published by our predecessor, Gregory (IX) of happy memory, against blasphemers be inviolably observed, and that the pecuniary penalty prescribed therein be exacted by the authorities in whose territory the blasphemy is committed and by others who exercise temporal jurisdiction therein.” These fines are to be collected by the ordinaries and delivered to the collectors of said aid for the Holy Land. We moreover strictly command confessors to advise and enjoin upon their penitents that for plenary satisfaction they contribute money for the same purpose. They should also advise their penitents that in making their wills or testaments, they do not forget the needs of the Holy Land. We command, moreover, that in all churches a receptacle be placed provided with three keys, one to be kept by the bishop, another by the priest of the church, and the third by a devout layman. In it the faithful are to be directed to place their alms for the remission of their sins, and in each church a mass is to be celebrated publicly one day of each week, the day to be announced to the people by the priest, for the remission of sins, especially of the sins of those who offer alms. In addition to this, that the aforesaid aid may assume larger proportions, we exhort and earnestly call upon kings and princes, marquises, barons, etc., that provision be made in the territories under their jurisdiction that each one of the faithful pay each year one denarius ad valorem Turonensis vel unius sterlingi according to the custom or circumstances of the locality, and another moderate amount, without, however, imposing a burden, for the remission of sins, so that, though not bound to give, no one may have an excuse or be excluded from the merit of giving. Moreover, that the above provisions to secure assistance for the Holy Land may not be jeopardized or frustrated by fraud or malice or by the clever intrigues of anyone, we excommunicate and anathematize each and all who knowingly, directly or indirectly, openly or secretly, impede or defeat the collection of tithes. 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 chief abetters and protectors, forbidding under threat of anathema that anyone knowingly hold intercourse with them in any contract of buying and selling. We moreover command the rulers of cities and other localities to check them and turn them away from this iniquity, otherwise it is our wish that severe ecclesiastical penalties be imposed by the prelates on their lands. Moreover, we excommunicate and anathematize those false and ungodly Christians who supply the Saracens, the enemies of Christ and of the Christian people, with arms and iron

18 C. 2, X, De maledicis, V, 26, in which Gregory IX prescribed against blasphemers not only ecclesiastical but also pecuniary penalties, which were to be collected 1f neceswith the aid of the secular power. In the present constitution Gregory X directs that these fines be set aside and applied to the needs of the Holy Land.

with which they fight against the Christians and wood for the construction of ships; those also who sell them ships and who in the ships of the Saracens hold the post of pilot, or in any other way give them aid or advice to the detriment of the Holy Land; and we decree that their possessions be confiscated and they themselves become the slaves of their captors. We command that this sentence be publicly announced in all maritime cities on all Sundays and festival days and that to such people the church be not opened till they return all that they have obtained in so reprehensible a traffic and give the same amount of their own in aid of the Holy Land. In case they are not able to pay, then let them be punished in other ways, that by their chastisement others may be deterred from undertaking similar pursuits. Under penalty of anathema we forbid furthermore all Christians for a period of six years to send their ships to Oriental countries inhabited by the Saracens, in order that a greater number of ships may be available to those who wish to go to the aid of the Holy Land, and that to the Saracens may be denied the benefits that they usually reap from such commercial intercourse.

But since for the success of this undertaking it is above all else necessary that princes and Christian ‘people maintain peace among themselves, we decree with the advice of the holy council that for six years peace be observed in the whole Christian world, and that in case of conflict, through the efforts of the prelates the discordant elements 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 wrongdoing was such that they ought not to enjoy even 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 Offe 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 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 suitable ad- 1 A full remission of their sins, that is, a plenary indulgence.

e

-à

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364. DECREES OF THE COUNCILS vice and assistance, as well as all who in aid of the cause make available their ships or who for this purpose undertake to build ships. Lastly, to all who in a 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.