15 Part 3 Council of Vienne 1311-1312 A.D.

Council of Vienne 1311-1312 A.D.

Following in the footsteps of our predecessors, we forbid by a perpetual edict that monks presume to live alone in houses and priories of which they have charge. If the incomes of such priories and houses do not suffice for the support of two, then, unless the abbots make them sufficient, let the local ordinaries, with the advice and consent of the abbots, unite these houses and priories with neighbouring places belonging to the monasteries, or with offices of the monasteries, or with one another, as will be most convenient. The monks of the places which will be united to others are first to be recalled to their monastery, and due provision is to be made, from the incomes of the said places, for the clergy who are to serve there. Furthermore, conventual priories cannot be conferred or entrusted to anyone under twenty-five, and non-conventual priories having the care of souls, even if that care is exercised by secular priests, to anyone under twenty. Those who hold priories of either kind are to have themselves ordained priest within a year from the time of their collation or commission and taking possession, or before the age of twenty-five if they are entrusted with or collated to non-conventual priories when they are under that age. If they have not done this, and are without reasonable excuse, they are deprived of the said priories, even without previous admonition, and the priories may not be conferred on them again that time. Nobody may be given or entrusted with a priory or an administrative post unless he has previously made profession in a monastic order. Those appointed to priories or administrative posts outside the monastery are not permitted to remain in the monastery and are obliged to reside where they hold office, notwithstanding any contrary custom, unless they are excused for a time from this residence for some reasonable cause, such as studies. In order to promote divine worship, we decree that every monk, at the command of his abbot, should have himself raised to all the sacred orders, unless there is some lawful excuse. Further, in order that the monks may not be deprived of the opportunity to make progress in knowledge, there should be in each monastery which has sufficient means a suitable master to instruct them carefully in the primary branches of knowledge.

All the foregoing, and those things which our predecessor pope Innocent III of happy memory decreed for greater religious observance in the monastic state, regarding clothing, poverty, silence, the eating of meat, the triennial chapter, and anything else, we approve, renew and expressly wish and decree to be strictly observed.

[15]. Considering that where discipline is despised, religion suffers shipwreck, we have thought it especially necessary to provide that such contempt produces nothing discordant in those who have dedicated themselves to Christ by vow, staining the good name of religious life and offending the divine majesty. We therefore, with the approval of this sacred council, have judged it wise to decree that every convent of nuns should be visited each year by their ordinary as follows: exempt convents subject to the apostolic see alone, by the authority of that see; non-exempt convents by the ordinary’s authority, and other exempt convents, by the authority to whom they are subject. The visitors are to be very careful that the nuns -- some of whom, to our sorrow, we have heard are transgressors -- do not wear silk, various furs or sandals; do not wear their hair long in a horn-shaped style, nor make use of striped and multicoloured caps, do not attend dances and the banquets of seculars, do not go walking through the streets and towns by day or night; and do not lead a luxurious life in other ways. They shall carefully withdraw the nuns from the excesses and allurements of this world and persuade them to devote themselves in their convents to the cultivation of the virtues which is due to the Lord. We order the visitors to compel the nuns to observe all this by suitable measures, notwithstanding exemptions and privileges of any kind, without prejudice however to these exemptions in other respects. We also decree that anyone chosen for the office of abbess in those convents where it is customary for abbesses to be blessed, should receive that blessing within a year from the time of her confirmation in office. If she does not, unless there be reasonable cause, she has completely lost her right, and provision is to be made canonically for the monastery to be provided with an abbess by those to whom this belongs. We also order, by our apostolic authority, that those women who are commonly called secular canonesses and who lead a life like that of secular canons, making no renunciation of private property and no profession, should be visited by the local ordinaries, who are to visit the non-exempt on their own authority and the exempt on the authority of the apostolic see. By this, however, we are not intending to approve the status, rule or order of secular canonesses. We command the visitors, in making their visitation, to be content with two notaries and two persons from their own church and four other men of undoubted honour and maturity. Those who presume to hinder the visitors in their task or any part of it, unless they repent on being admonished, incur automatic excommunication, notwithstanding any privileges, statutes and customs to the contrary. ’

[16]. The women commonly known as Beguines, since they promise obedience to nobody, nor renounce possessions, nor profess any approved rule are not religious at all, although they wear the special dress of Beguines and attach themselves to certain religious to whom they have a special attraction. We have heard from trustworthy sources that there are some Beguines who seem to be led by a particular insanity. They argue and preach on the holy Trinity and the divine essence, and express opinions contrary to the catholic faith with regard to the articles of faith and the sacraments of the church. These Beguines thus ensnare many simple people, leading them into various errors. They generate numerous other dangers to souls under the cloak of sanctity. We have frequently received unfavourable reports of their teaching and justly regard them with suspicion. With the approval of the sacred council, we perpetually forbid their mode of life and remove it completely from the church of God. We expressly enjoin on these and other women, under pain of excommunication to be incurred automatically, that they no longer follow this way of life under any form, even if they adopted it long ago, or take it up anew. We strictly forbid, under the same penalty, the religious mentioned above, who are said to have favoured these women and persuaded them to adopt the Beguinage way of life, to give in any way counsel, help or favour to women already following this way of life or taking it up anew; no privilege is to avail against the above. Of course we in no way intend by the foregoing to forbid any faithful women, whether they promise chastity or not, from living uprightly in their hospices, wishing to live a life of penance and serving the Lord of hosts in a spirit of humility. This they may do, as the Lord inspires them.

[17]. It happens now and then that those in charge of hospices, leper-houses almshouses or hospitals disregard the care of such places and fail to loosen the hold of those who have usurped the goods, possessions and rights of these places. They indeed permit them to slip and be lost completely and the buildings to fall into ruin. They have no care that these places were founded and endowed by the faithful so that the poor and lepers might find a home and be supported by the revenues. They have the barbarity to refuse this charity, criminally turning the revenues to their own use, even though that which has been given by the faithful for a certain purpose should, except by authority of the apostolic see, be applied to that purpose and no other. Detesting such neglect and abuse, we decree, with the approval of the sacred council, that they to whom the duty belongs by right or by statute laid down at the foundation of these places, or by lawful custom, or by privilege of the apostolic see, should strive to reform these places in all that has been referred to above. They are to restore what has been seized, lost and alienated. They should compel the persons in charge to receive the poor people and maintain them in accordance with the resources and revenues of the places. If they are remiss in this, we enjoin on the local ordinaries, even if the institutions enjoy the privilege of exemption, to fulfil each and all of the foregoing, either directly or through others, and to compel the nonexempt rectors by their own authority and the exempt and otherwise privileged rectors by the authority of the apostolic see. Those who object, of whatever state or condition they may be, and those who give them counsel, help or favour, are to be checked by ecclesiastical censure and other legal remedies. By this, however, we do not impair the validity of exemptions or privileges in relation to other matters. In order that the above may be more readily observed, none of these places shall be conferred as benefices on secular clerics, even though this may have been observed as a custom (which we utterly condemn), unless it was otherwise determined at the foundation or unless the post is to be filled by election. But let these institutions be governed by prudent suitable men of good repute, who have the knowledge, good will and ability to rule the institutions, to take care of their property and defend their rights to advantage, to distribute their revenues faithfully for the use of needy persons, and who are not likely to divert the property to other uses. We lay these responsibilities on the consciences of those entrusted with these places, calling on the witness of the divine judgment. Those who are entrusted with the government or administration of such places shall also take an oath, after the manner of guardians, and make inventories of the property belonging to the place, and give an account each year of their administration to the ordinaries or others to whom these places are subject, or to their representatives. If anyone attempts to act otherwise, we decree that the appointment, provision or arrangement is null and void.

We do not wish, however, the foregoing to apply to the hospices of military or religious orders. For these hospices we order those in charge of them, in virtue of holy obedience, to provide in them for the poor in accordance with the institutes and ancient observances of their orders, and to show themselves duly hospitable. They shall be compelled to do this by strict disciplinary measures of their superiors, notwithstanding any statute or custom. Furthermore, our intention is that, if there are hospices which have had from old times an altar or altars and a cemetery, with priests who celebrate divine services and administer the sacra ments to the poor, or if the parish priests have been accustomed to do this, theseancient customs are to be retained.

[18]. We wish the constitution to be observed which forbids that anyone even at the presentation of exempt religious, be admitted to some church, contrary custom notwithstanding, unless a portion of the revenues of that church has been assigned to him in the presence of the diocesan bishop, wherewith he may be able to meet his obligations to the bishop and have a suitable means of livelihood. We are therefore taking care, with the approval of the sacred council, to explain the constitution and to add certain considerations. Thus we strictly forbid, adjuring the divine judgment, diocesan bishops to admit anyone presented by any ecclesiastical person having the right of presentation to some church, unless within a certain suitable period, set beforehand by the bishop for the presenter, the one presented is assigned, in the bishop’s presence, a suitable portion of the revenues. If the one presenting neglects to assign this within the period, we decree, lest this neglect harm the presentee, that the bishop should then admit him, unless there is some other canonical obstacle, and the power of assigning is to devolve on the bishop as a penalty against the presenter. We admonish however the diocesan bishops, adjuring the divine judgment, and we lay it on their consciences, that they act justly in assigning this portion, nor are they to be knowingly swayed by hatred or favour or in any other way to assign more or less than what is due. Of course in the churches of priories or of other places, regular as well as secular, in which religious or others, to whom the revenues belong, have been accustomed to carry the burdens mentioned above the above instructions are not to be observed; but the said religious and others are obliged to undertake all the burdens which would lie upon the permanent priests or vicars if the portion had been assigned to them, to treat the priests and vicars correctly, and to provide them with adequate and fitting sustenance. We wish the diocesan bishops to compel the religious and others by ecclesiastical censure to full observance of all this, including the assignation of a just portion by the bishop if the religious and others fail to do this themselves, notwithstanding any exemptions, privileges, customs or statutes, which we wish to be of no avail to the religious and others with regard to the above.

[19]. Since it is only reasonable that those who enjoy advantages should not refuse the burdens connected with them, we decree by the following inviolable constitution that any religious who have in any way obtained monasteries or churches, should take care to pay the procurations of legates of the apostolic see and the obligations to bishops and others which were in force before they took possession, unless they are excused by privilege of the apostolic see, exemption or other lawful cause. We do not wish, however, that such privileges or exemptions should be extended to monasteries or churches which they may happen to acquire in the future.

[20]. We have heard with sorrow that prelates visiting the monasteries of the Cistercian order, although charitably received and courteously served with all that is needful, are nevertheless not content with the food prescribed by the monastic rule. Contrary to the privileges of the said order they demand meat and if it is not served to them, they obtain it by force. Although they receive suitable alms in these monasteries, the prelates procure more for themselves against the will of the religious, sometimes even in places where neither custom nor law provide a title to procurations. They demand and extort money for their horses to be shoed, even when this is unnecessary, and their cooks demand and extort money by reason of their office; nor do they observe the arrangements made between the prelates and the monks concerning procurations. In receiving the procurations they are so oppressive that in one short hour they consume what would last the community for a long time. They have with them, while they are receiving the procurations, their hunting-dogs, falcons and hawks. Unless their demands are met, the doors of monasteries or churches are often violently broken and the ornaments of the church are carried off. Without any privilege from the apostolic see they receive several procurations in one day occasionally paid in money, even without making a visitation; and on the occasion of these procurations they often demand from the monks what these are not obliged to pay them, laying on the monks an intolerable burden. There are also some prelates who impose on exempt and other religious the greater part of procurations due to nuncios of the apostolic see and other extraordinary burdens, in order to free themselves and secular priests, without any consultation with the religious about dividing the load. In many other ways the said prelates oppress exempt monasteries and churches which are subject to these monasteries in both civil and canon law, in receiving their procurations and in imposing unaccustomed burdens.

We wish therefore to provide a suitable remedy for this state of affairs. We decree, with the approval of the sacred council, that if the bishops come to the said monasteries not for visitation but for hospitality, they should receive graciously the refreshment offered in charity to them. But if the bishops come to these monasteries and receive the procurations due to them by common law custom, privilege or any other law, they may if they wish be served with meat on days when it is permitted, in the houses of the monasteries if these are available, but outside the monastic precincts, notwithstanding any privilege to the contrary; if the houses are not available, they may be served within the monastic precincts but not inside the religious door, as it is called. Nor do we consider it unbecoming if the fragments which are collected from the tables of the bishops and the members of their households are collected up and given by the bishops’ almoners to the poor of the area. The prelates are carefully to refrain from all the other oppressions mentioned above, if they wish to avoid the indignation of God and of the apostolic see.

[21]. By the present constitution we order local ordinaries, when the matter becomes known to them, to publish or have published by their subjects the sentences of excommunication and interdict pronounced by law against those who, either on their own initiative or at the command of others, exact or extort tolls or imposts, to the danger of their own souls and the disadvantage of those they oppress, from churches or ecclesiastical persons for goods that are their own, which they are not carrying or having carried or sending for the purposes of trade. They shall continue to publish such sentences until restitution is made for the exactions and fitting satisfaction is given.

[22]. We are gravely disturbed that, owing to the negligence of some rectors, their subjects fear no punishment and so are encouraged in bad behaviour. Many ministers of churches have cast aside clerical modesty. They ought to offer to God a sacrifice of praise, the fruit of their lips, in purity of conscience and devotion of mind. Instead they presume to say or chant the canonical hours in a hurried manner, omitting parts, mingling with them conversation which is mostly vain, profane and unbecoming. They come late to choir, or often leave the church without good reason before the end of the office, occasionally carrying birds or having them carried and bringing hunting-dogs with them. As if regardless of their clerical obligations, they presume to celebrate or be present at office, even though tonsured and vested, with an utter lack of devotion. There are some, both clergy and laity, especially on the vigil of certain feasts when they ought to be in church persevering in prayer, who are not afraid to hold licentious dances in the cemeteries of the churches and occasionally to sing ballads and perpetrate many excesses. From this sometimes there follows the violation of churches and cemeteries, disgraceful conduct and various crimes; and the liturgical office is greatly disturbed, to the offence of the divine majesty and the scandal of the people nearby. In many churches also the vessels, vestments and other articles necessary for divine worship are, considering the churches’ means, unworthy.

We do not wish these transgressions to increase and become a bad example to others. We therefore, with the approval of the sacred council, forbid these practices. We decree that those whose duty it is -- namely the local ordinaries for the non-exempt and the superiors for the exempt and otherwise privileged-must exercise watchful, care to get rid of all negligence and carelessness, to reform the above-mentioned things and to correct each of them. Also, the day and night office is to be devoutly chanted at the proper hours in cathedrals and in regular and collegiate churches, and in other churches it is to be fittingly and duly celebrated, if ordinaries and superiors wish to avoid the indignation of God and of the apostolic see. They are to curb, if they have jurisdiction, those who oppose correction, by ecclesiastical censure and other suitable remedies. In this and other matters which concern the worship of God and the reform of morals, and also the honourable reputation of churches and cemeteries, they are to see to it, as far as duty binds them, that the sacred canons are inviolably observed, and they shall take care to be well acquainted with these canons.’

[23]. We think it altogether right and fitting that clerics, both religious and others, who belong to the household of a cardinal of the holy Roman church or of any bishop in communion with the apostolic see, should join with them in the divine office. We therefore concede, with the approval of the sacred council, that these clerics may lawfully say the same office as the cardinal or bishop, nor are they obliged to say any other.

[24]. Among the cares lying heavily on us there is one on which we reflect constantly: how we may lead the erring into the way of truth and win them for God with the help of his grace. This is what we seek earnestly and longingly, to this we direct our mind with great zeal, to this we are alert with an ever-attentive enthusiasm. We are in no doubt that to attain our desire, the word of God should be fittingly explained and preached to great advantage. Nor are we unaware that the word of God is learned in vain and returns empty to the speaker if it is directed to the ears of those ignorant of the speaker’s language. We are therefore following the example of him whom we, though unworthy, represent on earth. He wished that his apostles, going through the whole world to evangelize, should have a knowledge of every tongue. We desire earnestly that holy church should be well supplied with catholic scholars acquainted with the languages most in use by unbelievers. These scholars should know how to train unbelievers in the christian way of life, and to make them members of the christian body through instruction in the faith and reception of sacred baptism. In order, then, that skill in these languages be attained by suitable instruction, we have stipulated, with the approval of the sacred council, that schools be established for the following languages wherever the Roman curia happens to reside and also at Paris, Oxford, Bologna and Salamanca: that is, we decree that in each of these places there should be catholic scholars with adequate knowledge of Hebrew, Arabic and Chaldaic. There are to be two experts for each language in each place. They shall direct the schools, make faithful translations of books from these languages into Latin, and teach others those languages with all earnestness, passing on a skilful use of the language, so that after such instruction these others may, God inspiring, produce the harvest hoped for, propagating the saving faith among the heathen peoples. The salaries and expenses of these lecturers in the Roman curia will be provided by the apostolic see, those at Paris by the king of France, and those at Oxford, Bologna and Salamanca by the prelates, monasteries, chapters, convents, exempt and nonexempt colleges, and rectors of churches, of England, Scotland, Ireland and Wales, of Italy, and of Spain respectively. The burden of contributing shall be imposed on each in accordance with the needs of the faculties, notwithstanding any contrary privileges and exemptions, which however we do not wish to be impaired in other respects.

[25]. It is an insult to the holy name and a disgrace to the christian faith that in certain parts of the world subject to christian princes where Saracens live, sometimes apart, sometimes intermingled with Christians, the Saracen priests commonly called Zabazala, in their temples or mosques, in which the Saracens meet to adore the infidel Mahomet, loudly invoke and extol his name each day at certain hours from a high place, in the hearing of both Christians and Saracens and there make public declarations in his honour. There is a place, moreover, where once was buried a certain Saracen whom other Saracens venerate as a saint. A great number of Saracens flock there quite openly from far and near. This brings disrepute on our faith and gives great scandal to the faithful. These practices cannot be tolerated any further without displeasing the divine majesty. We therefore, with the sacred council’s approval, strictly forbid such practices henceforth in christian lands. We enjoin on catholic princes, one and all, who hold sovereignty over the said Saracens and in whose territory these practices occur, and we lay on them a pressing obligation under the divine judgment that, as true Catholics and zealous for the christian faith, they give consideration to the disgrace heaped on both them and other Christians. They are to remove this offence altogether from their territories and take care that their subjects remove it, so that they may thereby attain the reward of eternal happiness. They are to forbid expressly the public invocation of the sacrilegious name of Mahomet. They shall also forbid anyone in their dominions to attempt in future the said pilgrimage or in any way give countenance to it. Those who presume to act otherwise are to be so chastised by the princes for their irreverence, that others may be deterred from such boldness.

[26]. The apostolic see has received many complaints that some inquisitors, appointed by it to suppress heresy, have overstepped the limits of the power given to them. They occasionally so enlarge their authority that what has been wisely provided by the apostolic see for the growth of the faith, oppresses the innocent under pretext of piety and results in harm to the faithful. The work of the inquisition will be the more successful the more solemnly, diligently and cautiously its investigations are prosecuted. We decree therefore, for the glory of God and the increase of the faith, that this work will be done by both diocesan bishops and by inquisitors appointed by the apostolic see. All worldly affection hatred and fear shall be put aside, as also any seeking of temporal advantage. We decree that the bishops and the inquisitors may act independently of one another. They may summon, arrest or hold for sake-keeping, even securing those arrested hand and foot if it seems necessary. For this we hold them responsible. They may also inquire about those concerning whom inquiry seems right before God and just. The bishop, however, without the inquisitor, or the inquisitor without the diocesan bishop or his officer or the delegate of the chapter when the see is vacant, may not commit to harsh or close imprisonment, which seems more like punishment than custody, or subject anyone to torture or pronounce sentence on anyone, if they can have access to each other within eight days after seeking it; any contravention of this has no legal validity. If nevertheless the bishop, or the delegate of the chapter when the see is vacant, cannot or will not personally meet the inquisitor, or if the inquisitor cannot or will not personally meet either of the other two, the matter may be entrusted to their proxies or settled by counsel and consent through letters. In regard to the custody of prisons for heretics, commonly called walls in certain regions, we have realized that much deceit has been practised of late, and we wish to obviate this. We decree that any such prison or wall, which we wish for the future to be for the joint use of bishop and inquisitor, shall have two principal guards, discreet, diligent and trustworthy, one to be appointed and provided for by the bishop, the other by the inquisitor. Each of these guards may have a loyal and trustworthy assistant. For each room of the prison there will be two different keys, one held by each guard. He may entrust or subdelegate his key to his assistant for the purpose of ministering to the prisoners. Furthermore, the guards, before they assume office, shall, in the presence of both the bishop, or the chapter while the see is vacant, and the inquisitor, or their substitutes, take an oath on the holy gospels, which they shall touch, that they will use all diligence and care in their duty of guarding those placed or to be placed in their custody on account of the crime of heresy; that one guard shall say nothing in secret to a prisoner out of hearing of the other guard; that they will administer faithfully and without any deduction the provisions which the prisoners receive from the administration and those that they may be offered by relatives, friends or other trustworthy persons, unless there is an order to the contrary from the bishop and the inquisitor or their deputies, and that in this matter there will be no fraud. The assistants of the guards shall take the same oath in the presence of the same persons before exercising their office. And since it often happens that bishops have their own prisons, not shared with inquisitors, we wish and strictly command that the guards appointed by the bishop, or by the chapter while the see is vacant, and their assistants, shall take a similar oath before the inquisitors or their substitutes. Notaries of the inquisition shall also swear in the presence of the bishop and the inquisitor or their substitutes, to exercise the office of notary faithfully. The same shall hold good of other persons necessary for the carrying out of this duty.

While it is a grave offence not to work for the extermination of heresy when this monstrous infection requires action, it is also a grave offence and deserving of severe punishment to impute maliciously such wickedness to the innocent. We therefore order bishops, inquisitors and their substitutes, in virtue of holy obedience and under threat of eternal damnation, that they proceed discreetly and promptly against those suspected of heresy, while not imputing maliciously or deceitfully such a disgraceful crime to an innocent person, or accusing him of hindering them in the execution of their office. If they fail, because of hatred, favour, affection, money or temporal advantage, to proceed against someone when they ought, against justice and their conscience, then the bishop or superior is suspended from office for three years and others incur automatic excommunication, in addition to other punishments imposed in accordance with the gravity of the offence. The same penalties apply if they presume for the same reasons to disturb someone with the imputation that he is a heretic or has hindered them in their duties. They shall obtain absolution from this excommunication only from the Roman pontiff, except at the hour of death, and then after making satisfaction. No privilege shall avail in this matter. We wish of course, with the approval of the sacred council, that any other rulings made by our predecessors concerning the office of the inquisition and not in conflict with the above are to remain in full force.

[27]. We do not wish the splendour of the faith to be obscured, as it were by a dark shadow, by the indiscreet and wicked acts of any inquisitors of heresy. We therefore decree, with the approval of this sacred council, that nobody below the age of forty may be entrusted with the office of inquisitor. We enjoin very strictly on all commissaries of inquisitors or of bishops or, in vacant sees, of chapters that they do not, under pretext of the office of the inquisition, extort money by any unlawful means from anyone, or knowingly attempt to apply the property of churches, on account of the offences of clerics, even to the treasury of a church. If the commissaries disobey, we place them automatically under sentence of excommunication. They cannot be absolved, except at the moment of death, until they have made full satisfaction to those from whom they have extorted the money; all privileges, pacts and remissions are of no avail. Notaries and officials of the inquisition, as also the brethren and associates of the inquisitors and commissaries, who have secret knowledge that the inquisitors and commissaries have committed such extortions, if they wish to avoid the indignation of God and of the apostolic see as well as offence to both, shall strive to correct the culprits severely in secret. If they have such knowledge as to be able to offer proof if need be, they should earnestly report the matter to the relevant superiors of the inquisitors and commissaries, and these superiors are obliged to remove from office those found guilty and then duly to punish or correct them in other ways. Superiors of inquisitors who fail to do this are to be informed of this decree by the local ordinaries, whom we strictly order in virtue of holy obedience to make known these affairs to the apostolic see. Furthermore, we strictly forbid the inquisitors themselves to abuse in any way the concession to carry arms, or to have any but the necessary officials for accomplishing the duties of their office.

[28]. We entertain in our heart a deep longing that the catholic faith prosper in our time and that the perverseness of heresy be rooted out of christian soil. We have therefore heard with great displeasure that an abominable sect of wicked men, commonly called Beghards, and of faithless women, commonly called Beguines, has sprung up in the realm of Germany. This sect, planted by the sower of evil deeds, holds and asserts in its sacrilegious and perverse doctrine the following errors.

First, that a person in this present life can acquire a degree of perfection which renders him utterly impeccable and unable to make further progress in grace. For, as they say, if someone could always make further progress, he could become more perfect than Christ.

Secondly, that it is not necessary to fast or pray after gaining this degree of perfection, for then the sensitive appetite has been so perfectly subjected to the spirit and to reason that one may freely grant the body whatever pleases it.

Thirdly, that those who have reached the said degree of perfection and spirit of liberty, are not subject to human obedience nor obliged to any commandments of the church, for, as they say, where the spirit of the Lord is, there is freedom.

Fourthly, that a person can gain in this life final beatitude in every degree of perfection that he will obtain in the life of the blessed.

Fifthly, that any intellectual nature in itself is naturally blessed, and that the soul does not need the light of glory to elevate it to see God and enjoy him blissfully.

Sixthly, that the practice of the virtues belongs to the state of imperfection and the perfect soul is free from virtues.

Seventhly, that to kiss a woman is a mortal sin since nature does not incline one to it, but the act of intercourse is not a sin, especially in time of temptation, since it is an inclination of nature.

Eighthly, that at the elevation of the body of Jesus Christ, they ought not to rise or show reverence to it; it would be an imperfection for them to come down from the purity and height of their contemplation so far as to think about the ministry or sacrament of the eucharist, or about the passion of Christ as man. With the counterfeit appearance of sanctity they say and do other things also that offend the eyes of the divine majesty’ and constitute a grave danger to souls. Since the duty of the office committed to us obliges us to exstirpate from the catholic church this detestable sect and the above execrable errors, lest they be further propagated and corrupt the hearts of the faithful, we condemn and utterly reject, with the approval of the sacred council, the sect itself and the errors described above, and we strictly forbid anyone henceforth to hold, approve or defend the errors. We decree that those who act otherwise are to be punished with canonical censure. The diocesans and the inquisitors of heresy for the regions where these Beghards and Beguines live, are to exercise their office with special care concerning them, making inquiries about their life and behaviour and about their beliefs in relation to the articles of faith and the sacraments of the church. They are to impose due punishment on those whom they find guilty, unless there is voluntary abjuration of the above errors and repentance with fitting satisfaction.

[29]. Serious suggestions have been made to us that communities in certain places, to the divine displeasure and injury of the neighbour, in violation of both divine and human law, approve of usury. By their statutes, sometimes confirmed by oath, they not only grant that usury may be demanded and paid, but deliberately compel debtors to pay it. By these statutes they impose heavy burdens on those claiming the return of usurious payments, employing also various pretexts and ingenious frauds to hinder the return. We, therefore, wishing to get rid of these pernicious practices, decree with the approval of the sacred council that all the magistrates, captains, rulers, consuls, judges, counsellors or any other officials of these communities who presume in the future to make, write or dictate such statutes, or knowingly decide that usury be paid or, if paid, that it be not fully and freely restored when claimed, incur the sentence of excommunication. They shall also incur the same sentence unless within three months they delete from the books of their communities, if they have the power, statutes of this kind hitherto published, or if they presume to observe in any way these statutes or customs. Furthermore, since money-lenders for the most part enter into usurious contracts so frequently with secrecy and guile that they can be convicted only with difficulty, we decree that they be compelled by ecclesiastical censure to open their account books, when there is question of usury. If indeed someone has fallen into the error of presuming to affirm pertinaciously that the practice of usury is not sinful, we decree that he is to be punished as a heretic; and we strictly enjoin on local ordinaries and inquisitors of heresy to proceed against those they find suspect of such error as they would against those suspected of heresy.

[30]. Complaints, loud, frequent and incessant come to us from certain religious that very many prelates -- bishops, their superiors and others-unjustly disturb in many ways the peace of the religious. Some of them seize and imprison exempt religious when the law does not permit this. Some, by threat of severe penalties, hinder those who owe tithes or revenues to exempt religious from paying and prevent people from hearing their masses. They suspend, interdict and excommunicate without reasonable cause the millers of the religious, their cooks, servants, vassals, and members of household, and anyone who has any relation with them, occasionally also seizing unlawfully their goods. They in no way submit to the appeals which the said exempt religious sometimes make with good reason, because of the foregoing or other oppressions. They now and then seize the appellants on the occasion of these appeals, or they have them seized and thrown into prison.

There are some prelates, moreover, who without lawful cause do not permit chaplains to celebrate nor to administer the sacraments to the parishioners in churches belonging fully and lawfully to the exempt religious. There are even some prelates who with indiscreet haste unjustly suspend, excommunicate, seize and imprison exempt abbots, monks and laybrothers, as also clerics legally subject to them, and lay under interdict their churches and houses, if they do not obey even in matters where there is no obligation. In addition, the prelates exceed all measure in claiming charitable aid from the exempt religious themselves and from those subject to them. Contrary to law they make demands which are unjust and unusual. They lay new taxes and unfair burdens on parish churches in which exempt religious have the right of patronage. They do not permit legal actions and decisions justly made in favour of the exempt religious, by delegates of the apostolic see or by conservators, to be made public or to be put into execution by their subjects. They restrain public notaries from drawing up instruments, judges from administering justice, and lawyers from giving counsel or aid in the suits or legal business of the exempt religious. The prelates also refuse to admit to orders or benefices those presented by exempt religious who have the right of presentation, unless the presenters profess obedience in the greeting of the letter of presentation. Furthermore, these prelates, when the churches for which monasteries have the right of patronage become vacant, turn away the suitable persons presented to them and appoint people who are incompetent and unworthy. Certain prelates confer churches, which have the cure of souls and belong to the table maintenance of abbots, and the revenues of which they sometimes hand over for a rent to secular clerics, on their own clergy at the death of those secular clerics, even though the churches because of this are not truly vacant. Some prelates appropriate unjustly for themselves the rights of monks in churches belonging to monasteries, and so regulate the disposal of the revenues that not enough remains for the livelihood of the rectors.

Some prelates, armed and with standards hoisted, destroy the mills and other property of exempt religious, disregarding all justice, even when the religious have been in possession from time immemorial. Prelates also often send their relatives and nephews to the monasteries in their cities and dioceses, occasionally with their animals and herdsmen, with the demand that they be provided for. Often also prelates compel abbots and priors of monasteries to grant the possessions of their monasteries or priories to their kindred and nephews either perpetually or for a period; these grants or pensions we wish to be of no consequence in law. They also compel the abbots and priors to present to them for vacant churches in which the monks have the right of patronage, and occasionally to receive into their order, their friends, kindred and nephews. Frequently also they permit and tacitly consent to the seizure, in the prelates’ temporal domains, of movable and immovable property of the monasteries in cases not permitted by law, by the prelates’ soldiers, vassals and secular officials. They also outrage in various other ways both the clerical and lay persons of the monasteries.

Besides, the prelates occasionally deprive unjustly of their benefices abbots, priors and others, so that if they can take the revenues of the benefices in the first year, under pretext of a privilege which they claim to have, then they may be able to receive the first year’s revenues of vacant benefices for a certain time. Not content with this, they seize unlawfully horses, cattle, treasure and other property of monasteries and vacant benefices which should be reserved for posterity. Some prelates sell for a time to knights and other powerful persons the revenues and incomes of their dignities, in order to oppress the neighbouring exempt religious more heavily by means of these people. Some even destroy monasteries without just cause. Others often seize houses, hospitals and other property of the monasteries, both movable and immovable, and retain what they have seized. Many times also, without just cause, they prevent exempt religious from repairing their houses. Certain prelates enact statutes derogatory to the privileges of the exempt religious. And in general, very many prelates unjustly inflict grave injury and loss on religious, especially on those who are exempt and have privileges: on their persons, property and rights, both spiritual and temporal.

Since however there is for both regulars and seculars, for superiors and subjects, for exempt and non-exempt, one universal church, outside of which there is no salvation, for all of whom there is one Lord, one faith and one baptism, it is right that all who are of the same body should be of one will, and as brethren bound to one another by the bond of charity. It is right therefore that both prelates and others, exempt and non-exempt, should be content with their rights and abstain from inflicting injury or loss on one another. We therefore strictly command, by the present decree, all prelates of churches that they desist altogether from the oppression described above, and see to it that their subjects do likewise. They are to treat religious men, whether exempt or having privileges or non-exempt, both mendicant and non-mendicant, with charity, and they are to encourage them. They are to respect their rights and privileges as inviolable. And since what is specially forbidden is feared more than what is forbidden merely in general, we forbid most strictly that prelates presume to hinder in any way abbots, priors and other religious from going to their general or provincial chapters.

[31 ]. Religious who presume to administer the sacrament of extreme unction or the eucharist to clerics or lay people or to solemnise marriages, without the special leave of the parish priest, or to absolve those excommunicated by canon law, except in cases expressed in law or granted to them by privilege of the apostolic see, or those excommunicated by sentences promulgated by provincial or synodal statutes, or (to use their own words) to absolve anyone from punishment and guilt, incur automatic excommunication. They are to be absolved only by the apostolic see. The local ordinaries are to announce publicly that they are excommunicated, once this is established, until notified of their absolution. The religious can make no valid appeal in this matter to any exemption or privilege. We also strictly forbid religious, in virtue of holy obedience and under threat of eternal malediction, to disparage prelates in their sermons or to draw the laity away from their churches, to publish false indulgences, to restrain testators, when present at the making of their wills, from making due restitutions or legacies to their mother churches, or to bring about that money legacies, or money owed or perhaps unjustly taken, should come or be bequeathed to themselves or to other individuals of their order, or to their houses, to the detriment of other people. Nor are they to absolve anyone in cases reserved to the apostolic see or to the local ordinaries. They are not to annoy unreasonably ecclesiastical persons who prosecute justice against them, especially before judges delegated by us, nor are they to bring them to court in more than one place, especially if these places are distant.

Those who presume to act contrary to this decree are subject for two months to the penalties usually imposed by their rule or statutes on those who commit grave crimes or faults. Dispensation shall not be granted without manifest necessity. Their superiors, besides, unless after these excesses they make full satisfaction within a month to the churches or ecclesiastical persons harmed or offended, after being required to do so, incur automatic suspension until they have made due satisfaction, notwithstanding statutes or privileges of whatever tenor. Of course the religious who have been granted permission by the aposto lic see to administer the sacraments to members of their household or to the poorin their hospices, are not affected by this decree.

[32]. With the approval of the sacred council, we grant by this present constitution to an archbishop passing through, or perhaps turning aside, to exempt localities of his diocese to have the cross carried openly before him, to bless the people, to hear the divine offices there privately or publicly, also to celebrate them in pontificals and to have them celebrated in his presence without pontificals, notwithstanding any contrary privilege. In like manner we grant to a bishop that in exempt localities of his diocese he may bless the people, hear the divine offices and celebrate them there, as also have them celebrated in his presence. Under pretext of this concession, however, the archbishop or bishop may exercise no other jurisdiction in the exempt or privileged localities. He is not to annoy the exempt or privileged persons, there should be no cause for complaint and nothing prejudicial to the exemption or privileges of the religious. The archbishop or bishop does not acquire by this decree any other right.

[33]. If anyone at the instigation of the devil has committed the sacrilege of wrongfully and rashly striking a bishop, or of seizing or banishing him, or has ordered these things to be done, or approved them when done by others, or been an accomplice, or given advice or shown favour, or knowingly defended the guilty, and has not incurred excommunication by canons already published, he is excommunicated by this our present constitution, notwithstanding any custom to the contrary. Indeed, with the approval of the sacred council, we consider such a custom to be a corruption, and the culprit may be absolved by the supreme pontiff only, except at the moment of death. In addition, he shall lose all fiefs, leases, offices and benefices, whether spiritual or temporal, which he holds from the church over which the offended bishop presides. All these shall revert freely to that church. The offender’s descendants in the male line to the second generation shall be disqualified, without hope of dispensation, from holding ecclesiastical benefices in the city and diocese of the bishop. The offender’s estates also, when within one diocese, shall lie under interdict until he has made due satisfaction. The place where the captured bishop is detained shall likewise be under interdict for as long as he remains detained. If the criminal’s estates include two or more dioceses, then the diocese of his principal domicile and the diocese where the crime was committed, if the land is his, and two other dioceses which belong to his territory and are nearest to the place of the crime, shall he under the same interdict.

Since his confusion will increase the more his offence is known, his excommunication will be announced in public, with the ringing of bells and candles burning, until he has made due satisfaction, in all the places where the crime was committed, as also in the churches of the neighbouring cities and dioceses, on all Sundays and feast days. And when he is to receive absolution, let him be well prepared to undergo the punishment imposed and, with the help of God, to perform the penance enjoined on him. The city, moreover, that has committed any of the crimes described above against its bishop, shall be placed under the above-mentioned interdict until it has made satisfaction. The authorities, counsellors, bailiffs, magistrates, advocates, consuls, governors and officials of any description who are at fault in this affair, are likewise subject to excommunication from which they can be absolved only in the manner stated above. All these instructions shall be observed all the more strictly in dealing with those who kill bishops, since they should be punished more severely than the offenders already mentioned and merit greater indignation.

Let nobody be surprised that we do not inflict heavier punishment on those who perpetrate the above crimes. Alas! shameful to relate, these crimes are of frequent occurrence, and for the many men of violence an example is needed. The punishment of the offender ought to be in proportion to the dignity of the person wronged. Bishops are called most holy, are Christ’s ambassadors, spiritual fathers, our brothers and fellow bishops, the acknowledged pillars of the church. The punishment, then, ought to be heavy, proportionate to the guilt of one who violates the dignity of such an eminent person. However, we wish to mitigate the severity of the punishment for the present, being prepared to impose other penalties if we see that the offenders’ insolence demands such action. If of course anyone involved in the above cases has been absolved at the moment of death from excommunication, he shall incur automatically the same sentence if after recovery he does not, as soon as conveniently possible, present himself before the Roman pontiff in order to receive humbly his commands, as justice shall advise. Although this has been fully enough provided for elsewhere in the law, we thought it well to make this addition, lest someone from ignorance of the law should busy himself to find excuses.

[34]. Many serious complaints have reached us that some who hold temporal power do not hesitate to capture ecclesiastics frequently and detain them with sacrilegious audacity until they resign their benefices, nor to prevent those summoned to the apostolic see by someone or by law from going there, for the most part seizing them as they depart. In view of the great offence to our honour and that of the apostolic see, as also to the peace and welfare of ecclesiastical persons, not to speak of the damnable scandal, we, with the approval of the sacred council, decree that, in addition to the penalty attached by the canon to such deeds, those who bring them about, if prelates, are suspended for three years from receiving the revenues of their churches. If they are lower clergy, they are automatically deprived of their benefices. Those who have brought about their own capture by the secular power -- this, we have heard, sometimes occurs -- as a pretext for not obeying a summons to the apostolic see, are to incur the same penalty. Resignations of benefices extorted in the above manner, although accepted and ratified by the prelates of those who resign, have no validity whatever. We enjoin on local ordinaries that, after learning that subjects of theirs have incurred these penalties, they do not delay in publishing them and, as far as it concerns them, they put the penalties into execution.

[35]. Desiring to restrain those whom the rewards of virtue do not induce to observe the law, by the addition of new penalties and by fear of those to be added, we decree that transgressors of the constitution which forbids mendicant religious to acquire houses or places of any kind, or to exchange those already acquired or transfer them to others under any title of alienation, are automatically subject to excommunication. The same sentence of excommunication is incurred by those religious who presume in their sermons or otherwise to restrain their hearers from due payment of tithes to churches. And since it is not enough to abstain from evil unless good is done, we enjoin on all religious, invoking the divine judgment and under threat of eternal malediction, that whenever they preach to the people on the first, fourth and last Sundays of Lent, and on the feasts of the Ascension of the Lord, Pentecost, the Birthday of blessed John the Baptist, the Assumption and the Birthday of the most blessed virgin Mary, the mother of God, they take care to exhort their hearers expressly, if required by the rectors or vicars of the churches or those taking their place, and also to inform the consciences of their penitents in confession, that they have the obligation to pay tithes. If the religious knowingly evade this duty in their sermons on the above-mentioned days, they are to receive a severe rebuke from their superiors. We also strictly command the superiors, in virtue of holy obedience, to enact laws in accordance with which they may so severely punish transgressors that their punishment may be an example for others. The constitution of our predecessor of happy memory pope Gregory IX, dealing with this matter, is to remain in full force. Those who knowingly have neglected to inform the consciences of penitents with regard to payment of these tithes, are automatically to remain suspended from preaching until they inform the consciences of their penitents, if they can conveniently do this. They are to incur automatic excommunication if they presume to preach without atoning for their neglect as above. We do not however wish this to apply to the religious of monasteries, or the rectors of churches, who are in receipt of tithes.

Rash violators of the constitution which forbids religious and secular clerics to induce anyone to vow, swear, pledge or otherwise promise that they will choose a burial place beside their churches or, having made this choice, that they will not alter it, incur automatically the same sentence of excommunication (the penalty in the said constitution is to remain in force); they are not to be absolved except by the apostolic see, except at the moment of death, notwithstanding any privileges or statutes of whatever tenor.

[36]. Grave complaint has been made to us by prelates that certain nobles and temporal lords, when their territory has been laid under ecclesiastical interdict, have masses and other divine offices celebrated publicly and solemnly not only in the chapels of their houses, but also in collegiate churches and other churches of prominent places. They invite and, what is worse, sometimes compel now these, now those, to celebrate the offices. Not content with these excesses, they have people summoned, even those under interdict, by the ringing of bells and by the public crier, to hear these masses. Some of the lords and nobles are not afraid to order people, for the most part their own subjects, although they are publicly under excommunication and interdict, not to leave the churches while mass is being celebrated, even though the celebrants urge their departure. It therefore happens frequently that mass is left unfinished to the offence of God and the scandal of clergy and people. In order, then, that excesses so grave may not be imitated because the transgressors are left unpunished, we excommunicate, with the approval of the sacred council, all those who shall presume to compel anyone in any way in places under interdict to celebrate the divine offices, or to summon people in the above way to hear them, especially those under excommunication or interdict. The same penalty is imposed on those who forbid persons publicly excommunicated or under interdict to leave the church during mass when warned to do so by the celebrant, also on those publicly excommunicated and those under interdict who presume to remain in church when named by the celebrant and warned that they must leave. The excommunications can be remitted only by the apostolic see.

[37]. The friars Minor receive into their churches to hear the divine offices in time of interdict brothers and sisters of the third order, instituted by blessed Francis; they are called continent or of penance. Since this practice generates scandal in the minds of others who are excluded, thus debasing ecclesiastical censure and weakening the force of an interdict, we strictly forbid the friars Minor to admit henceforth in any way to their churches for the divine offices in time of interdict any of the above-mentioned persons, even if they or the friars have privileges of any kind in this matter; we in no way favour such privileges. If the friars infringe this decree, they lie under automatic excommunication, from which they can only be absolved by the Roman pontiff or, if they have made satisfaction, by the local bishops, whom we wish to act in this matter by our authority.