Part 2 Council of Vienne 1311-1312 A.D.

Council of Vienne 1311-1312 A.D.

Given at Livron in the diocese of Valence on 16 May in the seventh year.{1}

[5].{2} Our redeemer, the only-begotten Son of God, our Lord Jesus Christ, loved so much the daughter of Zion, the holy Land, that he chose her as his inheritance and his own patrimony. He therefore, clothed with our flesh, honoured her with his presence and consecrated her by the shedding of his precious blood. But we mourn and bitterly lament that so noble an inheritance of our redeemer has been turned over to strangers and laid low by the frenzy of the Babylonian persecutor, trampled underfoot by the feet of the defiled. She is dishonoured by the vile grasp of the unclean Saracens, faithless enemies of the christian name. She has been occupied and wretchedly retained, the christian people have been savagely slaughtered. To the insult of the creator, to the outrage and sorrow of all Christendom, the name of Christ is horribly blasphemed by the filthy and detestable conduct of the enemy. This sad region therefore weeps under the lash and repeatedly laments to the vicar of Christ about this intolerable persecution. Wounded by her disgrace, she pleads with christian princes and the catholic people. She uncovers her wounds to those from whom she awaits the work of the healer. She demands liberation from those for whose salvation the author of salvation bore within her borders the suffering of the cross. All this and more besides, which the mind cannot fully conceive nor the tongue tell, rose to our heart and roused our mind as soon as we were called by divine favour, though unworthy, to the summit of apostolic dignity. We gazed tenderly at the doleful state of the holy Land and we applied ourselves to think out remedies by which, with the aid of heaven, that Land, freed from the enemy’s criminal hands, might see, after the darkness of so many tribulations, the bright times of longed-for peace For this and other holy works acceptable to God, to be advanced by his almighty power, we convoked a general council in the city of Vienne{3}. Then, together with our brothers the cardinals of the holy Roman church, the patriarchs, archbishops, bishops and other prelates and our beloved sons in Christ the illustrious kings Philip of the Franks and Louis of Navarre, who were present at the council, as also some other eminent men and the procurators of the remaining absent prelates and of chapters, convents, churches and monasteries, assembled at the council, we held a long, complete and careful discussion on bringing aid to the holy Land. At last we resolved, with the council’s approval, to succour the holy Land by a general crusade. Intending to use our apostolic power zealously to this end, and having duly weighed all we have said, we judged, with the approval of the sacred council, that a tithe should be imposed by our apostolic authority on all ecclesiastical revenues and incomes throughout the world. Only the persons and places belonging to the Hospital of saint John of Jerusalem and the other military orders were to be exempted. The tithe was to be collected and paid for six years to be reckoned from 1 January last, in fixed installments, as we should find best, and to be directed to helping the holy Land and opposing the infidels and the enemies of the catholic faith.{4} But actually we reflected of late that our letters concerning the imposition, collection and payment of the tithe had not reached you by I January, nor could easily do so in a short time, on account of the great distance of those parts from the Roman curia. Wishing, then, to consult your ease and convenience, we have decreed that the six years are to begin in your region on I October next. We therefore ask, admonish and earnestly exhort you, also commanding you strictly by apostolic ordinance in virtue of obedience, to pay without difficulty the tithe for six years beginning from I October. The tithe is to be paid in the customary way, namely for the first half of the first year on 1 October next, and for the second half on I April immediately following, and in the same way for each of the remaining five years. Each of you is to pay it in full from your ecclesiastical revenues and incomes. If you fail to pay the tithe within the above periods, each of you automatically incurs sentences similar to those pronounced for nonpayment by you or by the suitable and trustworthy persons delegated by you to collect the tithe in your cities and dioceses.

Furthermore, you are to collect the tithe from our beloved sons, the abbots, priors, deans, archdeacons, provosts, archpriests and other prelates of churches, the chapters, colleges and convents of the Cistercians, Cluniacs, Premonstratensians, of saint Benedict and saint Augustine, of the Carthusians, Grandmontines and other orders, and other non-exempt secular and regular ecclesiastical persons, in your cities and dioceses, that is, each of you in each city and diocese. The priors, preceptors, masters and other persons and the places of the Hospital of saint John of Jerusalem and of the other military orders are to be the only exceptions made. The tithe is to be collected by you or by other suitable and trustworthy persons delegated by you for this service in each of your cities and dioceses. It is altogether our wish and command that you should delegate such persons. We entrust to them and command them by this document to claim and collect it in full by our authority, in each of the cities and dioceses where they are delegated, from our beloved sons the abbots, priors, deans, provosts, archdeacons, archpriests and other prelates of churches, and the exempt chapters, colleges and convents of the above-mentioned orders, in your cities and dioceses. Only the priors, preceptors, masters, persons and places of the Hospital of saint John of Jerusalem and of the said other military orders are to be excepted. The tithe is to be claimed and collected in full from the ecclesiastical revenues and incomes, by our authority, in the customary way according to the years and periods mentioned above. The delegates are to collect it from both the exempt and the non-exempt: each is to hand over and assign it for each period to the person among you by whom he was delegated, without delay or as soon as he conveniently can. You are to compel them by ecclesiastical censure, without any appeal, to give you an account of the money claimed and collected from the aforesaid non-exempt persons, as well as to hand over and assign the tithe claimed and collected from both the exempt and the non-exempt. Public instruments are to be drawn up and other due precautions taken concerning the handing over and assigning of the tithe. In this way, when needed, it can be established how much, from whom, when and for what period the delegates received the money and how much, when and for what period they handed over and assigned it to each of you. The money which has been duly claimed and collected by you and your delegates from the exempt and non-exempt persons and has been handed over to you, including that which has been claimed and collected by your delegates from the said exempt persons, as mentioned above, and also the money which you will pay from your own revenues and incomes, is to be put away by each of you, together with your cathedral chapter, beneath the church or even elsewhere, as you think best, in some more becoming and safe place. Here, at your expense and that of the chapter, you will have it guarded carefully and faithfully, to be consigned by each of you to our delegates as and when shall seem good to us, for the business of the holy Land and the service of the faith. In order that you may more easily and effectively collect this tithe, we grant by this document full and unrestricted power to each of you to constrain by ecclesiastical censure directly or through your delegates, disregarding any appeal, the abbots, priors, deans, provosts and other aforesaid non-exempt persons, in your cities and dioceses. We grant the same power to your delegates, in each city or diocese for which they have been delegated, with regard to the abbots, priors, deans, provosts and other aforesaid exempt persons. This power may also be used to constrain any opponents and rebels. In addition, we grant full and unrestricted power to you to absolve in your cities and dioceses, after satisfaction has been made, the aforesaid non-exempt persons, and to your delegates regarding the aforesaid exempt persons who, because of non-payment of the tithe in due time, are bound by sentences of excommunication, suspension or interdict; also to dispense from irregularity contracted by celebrating divine worship or taking part in it while bound by one or more of the above sentences. In order that you and your delegates may have a reward for the labours undertaken, we enjoin on you the above things in remission of your sins. The tithe is to be paid even if the apostolic see has granted an indult to you or some of you, or to the abbots, priors and other aforesaid exempt or non-exempt persons, or to anyone else, that you are not obliged and compelled to pay, or that you cannot be laid under interdict, suspension or excommunication by apostolic letters which have not made full and express mention of this indult and its tenor word for word, or of the names of your orders, localities and persons. The same applies to any privileges, indulgences, exemptions and apostolic letters which have been granted generally or specially in any form of words by the said apostolic see to any dignities, orders, places or persons, and of which and their whole tenor there should be made in our letters word for word, special, full and express mention. Consider, besides, that in these duties you are engaged in God’s business, and that you are acting in the sight of him who sees all. You will therefore be obliged to render an account to him and to us; we intend to use all diligence in this matter. You will receive due reward from both him and us. You should therefore act prudently and carefully, not only to avoid the danger of punishment and confusion, but also to gain the glory of praise and well-deserved reward.

It is our wish also that each of you oblige the persons delegated by you for collecting the tithe, to swear that they will be diligent and careful in their work and to use this formula: "I swear . . . by you, lord . . ., who am delegated by the authority of the apostolic see and by the same see itself to claim, collect and receive a tithe of all ecclesiastical revenues and incomes from all exempt and non-exempt ecclesiastical persons in your city and diocese, that I will faithfully claim, collect, receive and guard this tithe which has been imposed by the apostolic see for the business of the holy Land and of the catholic faith. Only the priors, preceptors masters and other persons and places of the Hospital of saint John of Jerusalem and of the other military orders are excepted. I shall not give way in this to any person, of whatever dignity, status or condition, whether from entreaty, fear, gratitude, favour or any other cause. I shall restore and consign the full tithe to you at your order. I shall render a final and integral account concerning everything in detail, namely to you regarding what I have claimed, collected and received from non-exempt persons, and to the delegate or delegates of the holy see regarding exempt persons. If you lay down your office in this matter, I shall do the same according to the orders of your successor. So may God help me and these holy gospels of God."

Given at Avignon on 1 December in the eighth year.

[6]. For future record. Not long ago, in the general council at Vienne, we transferred, with the approval of the sacred council, the property, rights, privileges, indults, immunities and liberties of the former order of the Temple to the order of the Hospital of saint John of Jerusalem. For the sake of greater peace and concord between prelates of churches and other clergy on the one hand, and the brothers of the order of the Hospital on the other, as also for other justifiable reasons, we suspended, in the last session of the council, all the privileges granted to the Hospital by the apostolic see, and with them as a necessary consequence the privileges of the former Temple, which should be thought of as belonging to the said Hospital and transferred to it. We excepted the privilege of exemption, if they had any. We wished these privileges to be suspended at our good pleasure. There are some, however, who assert on insufficient grounds that the suspension of these privileges of the Hospital does not extend to the privileges of the former order of the Temple. Although there is not the faintest reason for such an assertion, we wish to remove from their minds the slightest doubt that it was our intention, by the said suspension of the privileges of the order of the Hospital, to suspend the privileges of the former Temple, which have become by the transference those of the Hospital itself. We declare therefore by our apostolic authority and decree that these, like the other privileges of the Hospital, are and remain suspended.

Indeed, before the suspension, it was said in general by some of our brothers cardinals of the holy Roman church, to many of the prelates assembled at the general council, that there would be a suspension of the Hospital’s privileges until everything that was still uncertain among the said prelates and other clergy, with regard to concord, lawsuits and disputes, had been completely settled. We observed, however, that if it was necessary to await the end of all these lawsuits and disputes, one little case might generate grave prejudice against the Hospitallers, and great loss might result from the continuing suspension of their privileges. We reflected that this might provide material for many misrepresentations. In the last session of the council, therefore, wishing to obviate such greater dangers, we judged it fitting to make known orally, clearly and openly, even for a third time, so that each and all might clearly understand, that we wished the said suspension of the privileges of the order of the Hospital to continue until we willed otherwise. We intend with the Lord’s help to consider what is good for both sides and to make provision for both prelates and other clergy on the one hand, and the Hospitallers on the other, so that neither will have reason for complaint but both will receive due satisfaction. Let nobody therefore ...

Given at Avignon on 18 December in the eighth year.

[7]. For an everlasting record. Not long ago, under the Lord’s providence, we held a general council at Vienne, at which we suppressed the former order of the Knights Templar of Jerusalem. We granted, attached and joined the Templar possessions, with the approval of the sacred council, to the order of the Hospital of saint John of Jerusalem, for the help of the holy Land; with the exception, for certain reasons, of their property lying in the kingdoms and lands of our beloved sons in Christ, the illustrious kings . . . of Castile, . . . of Aragon, . . . of Portugal and . . . of Majorca, outside the kingdom of France, which we reserved for our disposal and that of the apostolic see until we made other arrangements. Then, in the same council, we made some sound provisions for furthering the cause of the holy Land and others by which quarrels, scandals and discord might be prevented, and continuous peace and concord be established, between prelates of churches and other clergy on the one hand and the brothers of the Hospital on the other. We also made provision on other points relating to the reform of the order of the Hospital.

Actually, business has pressed upon us. It is like an ocean pouring into the apostolic see. The waters of care constantly harass our heart. We have not been permitted until now, and are still not permitted, to put into execution the arrangements we desire. In order that the fruit of such sound proposals may not perish through oblivion or pressure of business, but rather may be gathered up, by the Lord’s will, at the opportune time, we have had the headings of these projected decrees inserted into the present document. Their drift is as follows. We wish that the transfer of property of the former order of the Temple to the order of the Hospital may, by our provision, be of advantage to the holy Land. We also wish that quarrels, scandals and discord be prevented between prelates and other clergy on the one hand and the brothers of the order on the other; that lasting concord be established between them; and that the order and its members be reformed, if and as this seems good. We have therefore made three special provisions regarding the order of the Hospital. The first has to do with the holy Land. We shall have an exact and careful enquiry made into the past and present possessions of the order of the Hospital and their exact annual value. We shall wish to know fully the annual value of each old and new house of the order, and how much this represents each year in terms of assistance to the holy Land. On completion of this valuation, and taking into account the necessary local expenditure, we shall oblige the order to maintain continuously in the holy Land a certain number of brothers and knights. These brothers and knights are to labour effectively and strive to win the holy Land and keep it, as far as God grants. We shall arrange and provide that very few brothers of the order remain on this side of the sea. These shall be only those required to govern the houses of the order and those who are old, sick or unfit for war. The young and the strong, who are able to fight, shall be required to go and stay overseas so that the holy Land may have its needs met. The order will thus pursue the purpose for which it was instituted, as is only right and fitting. In this way it will not reserve for itself great wealth or many persons of quality. Rather, the order will lose all occasion for pride or the prosecution of idle enterprises, since the brothers and knights who drag their feet on this side of the sea will be far fewer than before. The property remaining behind will also be heavily and more than usually burdened as a result of our above-mentioned provisions.

We cannot impose on our successors the continuation of the above policy. Yet, in order to make this course of action possible and easier for them, we shall have the annual value of each house registered exactly in the Roman curia, and also the service which it will be able to provide each year for the holy Land, and the fixed number of brothers and knights required to stay overseas. We shall arrange that the registered material be kept permanently with the papal registers under our bull. Further, that there be no lack of carefulness or caution in this matter, we shall send the registered material under our bull to all christian kings to be permanently kept by them in order that if it should happen -- though may it not -- that this ordinance is not observed by the Hospitallers, the kings themselves, being informed in the above manner, may more quickly and fully know where the observance of this ordinance has ceased. As a result, they will also be moved to take care that it is observed.

Secondly, in order to establish tranquility and peace, as was said above, between the churches with their prelates and the order of the Hospital, we shall see that all the privileges of the order are fully shown to us. And although we have no intention whatsoever of taking away its exemption, if the order has such, or of granting exemption, if the order has none, we shall altogether take away any privileges, if such there be, which are odious or provide matter for quarrels, discord or scandals. If we happen to find areas of uncertainty which it is not advisable to remove, we shall clarify. In addition, we shall delegate in each province two of its prelates and one of our clerics or another cleric to provide more fully for concord, giving them full and unrestricted powers, so that simply and easily, and without the din of a court of law, they may hear and settle or make peace between the parties in all disputes and cases that have arisen or might arise for any reason between the aforesaid order and the churches and any ecclesiastics with regard to churches, tithes, first-fruits, procurations and any property or rights whatsoever. This is to include questions concerning the property and rights of the former order of the Temple. The parties may be summoned or not as they wish; charges may be laid or not, as they please. Before or after the delegates’ decision there can be no appeal. Whatever they do or decide shall altogether be regarded as done or decided by us.

We shall also grant to them the power of regulating the procurations owed by the order to the bishops in different places so that, when and as seems good to them, they are converted into an annual payment as money to be paid by the order to the bishops. The bishops, on receiving such payments, are bound to visit at their own expense, at a time suitable for them, the places making them. If this regulation does not seem useful, the bishops will receive on visitation the procurations owed to them by the churches of the order, if these are able to pay them. If a church cannot pay the full procuration, the above delegates will make an estimate of the amount payable to the bishop as the procuration for that church. We shall also ordain that all churches which have annexed to them the cure of souls and belonged to the order of the Hospital on account of any right of the Temple, or even on account of any other rights which belong or shall belong to the Hospital, shall be subject in all spiritual matters to their diocesans, notwithstanding any privilege of exemption. Indeed, in order that everything decreed above may be fulfilled more quickly and without evasion on the part of the order, and that our good will may appear to everyone, we suspend entirely from now all the privileges for long granted by the apostolic see to the order, except for the privilege of exemption, if possessed, and we wish them to remain suspended at our pleasure.

Thirdly, concerning the order of the Hospital itself, we shall be making decrees regarding its regulation and reform. We shall be seeing and examining carefully the rules, statutes, form of government and progress of the order itself and of its members. We shall approve and confirm what is good. We shall clarify doubtful points that we find in need of revision in the order itself and in its personnel, both head and members. We shall restore the norm of truth, justice and regular observance with the equilibrium of reason and equity, to the advantage and welfare of the order and for the help of the holy Land. In this way the order itself will be preserved from decay and kept in a healthy and prosperous condition. The prelates of France, after the above intentions had been explained to them, petitioned that we should take away the privilege of exemption, if the order of the Hospital possessed it, or at least suspend such exemption, just as we have decreed the suspension of the order’s other privileges. These prelates also declared that, as long as the unlettered and simple brothers of the order remain under the care of their simple priests, and the prelates themselves are unacquainted with the brothers’ deeds and consciences, they can be in grave danger of losing their souls through having the privilege of exemption, if they do in fact possess it. Our reply is that because of shortness of time we are unable here to formulate a full and determinate decree. As soon as we can conveniently do so we shall with the Lord’s help decree and provide in this matter. Also, as these prelates earnestly petitioned us, it is our will and decree that just as individual catholic kings shall receive in writing the valuation of the order’s revenues and the other relevant information, so each province ought to have and shall have the same document.

Also, in accordance with the petition of these prelates, we decree and determine that the compositions pending or made within the last ten years, which were extorted from churches and ecclesiastics through fear of the order of the Hospital and the order of the former Temple, do not disadvantage or harm the said churches and ecclesiastics in any way, and that if two prelates and a non-prelate delegated by us cannot reach agreement, then whatever is decided by one of the prelates and the non-prelate, or decreed by them by way of composition or agreement, shall have effect and full validity. Also, we wish to be as gracious as possible to the said prelates. Therefore we shall allow the two prelates delegated by us to raise in ready money the procurations of their dioceses while absent, and we shall have the non-prelate provided for in money from the property of the former order of the Temple. We shall also decree in accordance with the petition of the prelates of France, that Hospitallers who publicly receive excommunicated persons or those under interdict or notorious usurers for ecclesiastical burial, or for solemnizing their marriages or having them solemnized or permitting them to be solemnized in their churches against the law, or for administering the sacraments to outside parishioners or permitting this in their churches, incur automatic excommunication. And we strictly forbid the Hospitallers to trouble anyone unduly by use of apostolic letters. We shall also decree, in accordance with the petition of the same prelates, against the building of new churches or chapels, the erecting of bell-towers and the making of cemeteries; we shall provide adequate laws on these subjects to be observed by the Hospitallers.

Given at Avignon on 31 December in the eighth year of our pontificate {5}

[8]. For an everlasting record. Some time ago, in the general council held at Vienne under the Lord’s inspiration, we suppressed the former order of the Temple for certain good reasons as explained in the letter of suppression. After long and careful deliberations with our brothers and the whole council, we bestowed on the order of the Hospital of saint John of Jerusalem, on the Hospital itself and on our beloved sons, the master and brothers of the Hospital, in the name of the Hospital and of the order of these men, who as the Lord’s athletes expose themselves unfailingly to the danger of death in defence of the faith and have borne and still bear heavy loss overseas, the house of the Knights Templar and their other houses, churches, chapels, oratories, cities, castles, towns, lands, granges and all their other movable, immovable and self-moving property, together with all the members and rights and all that belongs to them, beyond and on this side of the sea and in all parts of the world, which the former order and its master and brothers had and comprised at the time when the master himself and some of the brothers were arrested as a body in the kingdom of France, namely in October 1308. The property includes that which the Templars had of themselves or through others, and anything belonging to them in any way, with all their rights, privileges, indults, immunities, liberties, honours and charges. We donated and united all this forever to the Hospital and incorporated it into the Hospital, with the approval of the sacred council and from the fullness of our apostolic power, for the help of the holy Land. However, whatever rights belonged to kings, princes, prelates, barons, nobles and any other Catholics, before the arrest of the master of the former order of the Temple and of some other brothers, were to remain. We excepted from the said donation, union and incorporation the property of the former order of the Temple in the kingdoms and lands of our beloved sons in Christ, the illustrious kings ... of Castile, ... of Aragon, ... of Portugal, and ... of Majorca, lying outside the kingdom of France, which we reserved with good reason for the disposal of the apostolic see. In the letter of donation, union and incorporation, however, through the carelessness, neglect or engagements of the scribe or secretary, mention was omitted of the non-violation of the rights of kings, princes, prelates and other persons concerned. Lest therefore any doubt arises in the future from such an omission concerning these charges and rights, and any prejudice be generated against the said kings, princes, prelates, barons, nobles and other persons, we, who desire that everyone retains his rights unimpaired, wishing to provide a suitable remedy in the matter for the said kings, princes, prelates, barons, nobles and any other Catholics, declare that we have made the above donation, union and incorporation to the order of the Hospital of saint John of Jerusalem, and to the Hospital itself and its master and brothers, in the name of the said Hospital and order, in the way expressed above. We determine and decree of our certain knowledge that, without violation of the property of the former order of the Temple donated to the order of the Hospital, together with all its privileges, indults, immunities, liberties, rights, honours and charges, for the help of the holy Land, nevertheless whatever rights belonged to kings, princes, prelates, barons, nobles and any other Catholics, at the time of the said arrest of the master and some brothers of the Temple, remain intact, unimpaired and exactly as they would be in everything as if they had been distinctly and expressly mentioned in the said letter of donation, union and incorporation. Let nobody therefore . . .

Given at Avignon on 13 January in the eighth year.{6}

DECREES

[1]. Adhering firmly to the foundation of the catholic faith, other than which, as the Apostle testifies, no one can lay, we openly profess with holy mother church that the only begotten Son of God, subsisting eternally together with the Father in everything in which God the Father exists, assumed in time in the womb of a virgin the parts of our nature united together, from which he himself true God became true man: namely the human, passible body and the intellectual or rational soul truly of itself and essentially informing the body. And that in this assumed nature the Word of God willed for the salvation of all not only to be nailed to the cross and to die on it, but also, having already breathed forth his spirit, permitted his side to be pierced by a lance, so that from the outflowing water and blood there might be formed the one, immaculate and holy virginal mother church, the bride of Christ, as from the side of the first man in his sleep Eve was fashioned as his wife, in this way, to the determinate figure of the first and old Adam, who according to the Apostle is a type of the one who was to come, the truth might correspond in our last Adam, that is to say in Christ. This, we say, is the truth, fortified by the witness of that huge eagle which the prophet Ezechiel saw flying over the other gospel animals, namely blessed John the apostle and evangelist, who relating the event and order of this sacrament, said in his gospel : But when they came to Jesus and saw that he was already dead, they did not break his legs, but one of the soldiers pierced his side with a spear, and at once there came out blood and water. He who saw it has borne witness - his testimony is true, and he knows that he tells the truth -- that you also may believe.

We, therefore, directing our apostolic attention, to which alone it belongs to define these things, to such splendid testimony and to the common opinion of the holy fathers and doctors, declare with the approval of the sacred council that the said apostle and evangelist, John, observed the right order of events in saying that when Christ was already dead one of the soldiers opened his side with a spear. Moreover, with the approval of the said council, we reject as erroneous and contrary to the truth of the catholic faith every doctrine or proposition rashly asserting that the substance of the rational or intellectual soul is not of itself and essentially the form of the human body, or casting doubt on this matter. In order that all may know the truth of the faith in its purity and all error may be excluded, we define that anyone who presumes henceforth to assert defend or hold stubbornly that the rational or intellectual soul is not the form of the human body of itself and essentially, is to be considered a heretic.

All are faithfully to profess that there is one baptism which regenerates all those baptized in Christ, just as there is one God and one faith’. We believe that when baptism is administered in water in the name of the Father and of the Son and of the holy Spirit, it is a perfect means of salvation for both adults and children. Yet because, as regards the effect of baptism in children, we find that certain theologians have held contrary opinions, some saying that by baptism guilt is indeed remitted in infants but grace is not conferred, others on the contrary asserting that both guilt is remitted and the virtues and sanctifying grace are infused with regard to habit though for the time being not with regard to use, we, considering the general efficacy of Christ’s death, which through baptism is applied in like manner to all the baptised, choose, with the approval of the sacred council, the second opinion, which says that sanctifying grace and the virtues are conferred in baptism on both infants and adults, as more probable and more in harmony with the words of the saints and of modern doctors of theology.

[2]. Abbots and other religious holding any major ecclesiastical office may not, when it is a question of priories or other places subject to them, bring an action against anyone on the authority of letters of the apostolic see or its legates, except in such places and before such persons as is permitted to the priors and other persons in charge of the priories and other places. Nor is anything else of this kind permissible in the case of places belonging to the table maintenance of these abbots and other religious, except when these places have special officials in charge of them. If anyone presumes to molest someone in contravention of the above, he is to be condemned by the judge of the case to pay the expenses and for any damage. Any process contrary to this decree is null and void.

[3]. Although the chief official of a bishop, or a religious obtaining the office of conventual prior (even though that office is not customarily elective), may be delegated by the apostolic see or its legate, nevertheless we do not wish this to be observed in the cases of an official-forane or of a religious who is the claustal prior of his monastery.

[4]. Since prelates of religious orders occasionally neglect to fill vacant priories, churches, offices or other benefices pertaining to their disposition within the time prescribed by the Lateran council, the local diocesan bishops shall supply for this negligence by their own authority in the case of the non-exempt, and by apostolic authority in the case of the exempt. Those which have customarily been governed by the secular clergy shall be conferred on secular clerics, those which have usually been entrusted to or conferred on only religious shall be conferred on the religious of the monasteries whose prelates were negligent. The diocesan bishops, by the same authority, shall in no way permit the said prelates to apply such priories, churches, offices or benefices to their table maintenance, to impose new payments or to increase the old ones any new ones imposed or old ones increased shall be paid back. By the said priories, churches, offices and benefices we mean those that are not for the table maintenance of their prelates and customarily have their own priors, administrators or rectors, even though these priors and administrators can be freely recalled, if necessary, to the cloister. In this matter we have decided to uphold the constitution of our predecessor pope Boniface VIII, which prohibits the property of vacant benefices to be appropriated by prelates or anyone else, as well as that other constitution of the same Boniface which forbids any religious to have several priories or churches with the cure of souls, even though the cure is exercised by someone other than himself and there is no danger to souls for the priories.

[5]. So that those who are obliged to divine office in cathedrals or secular collegiate churches, or will be so obliged in the future, may be more readily moved to receive sacred orders, we decree that nobody henceforth may have in such churches a voice in the chapter, even though this is freely granted to him by the others, unless he has received at least the subdiaconate. Moreover, those who now hold peacefully dignities, parsonages, offices or prebends to which certain orders are annexed, or will hold them in future, shall have no voice in the chapter unless, having no just impediment, they receive the corresponding orders within a year. They shall receive only half the payment made to those who assist at certain hours, all customs and statutes to the contrary notwithstanding. The penalties, moreover, which are decreed by law against those refusing to be promoted to orders, are to remain in force.

[6]. We wish to check, in the cases mentioned below, the expensive prolongation of lawsuits which, as experience teaches us, arises sometimes from overprecise observance of judicial order. We therefore decree that in cases concerning elections, postulations, or provisions, concerning dignities, parsonages, offices, canonries, prebends or any other church benefices, concerning tithes, even when those obliged to pay them have been admonished and can be corrected by ecclesiastical censure, and concerning matrimony or usury and anything connected with it, that a simple, easy process shall be valid without the noise and rhetoric of a court of justice. We wish this decree to apply not only to future business but also to the present, and even to cases awaiting appeal.

[7].Although it is generally forbidden by the sacred canons for a bishop to exercise jurisdiction in a diocese other than his own, we nevertheless make an exception for bishops who have been driven from their sees by the insolence of the ungodly and do not dare, from fear of their persecutors, to reside in their cities and dioceses or in any part of them, nor to exercise their jurisdiction there directly or through others. Lest the wrong done to their churches by their expulsions remains unpunished, we have considered it necessary to permit that in other dioceses, from cities or other prominent places near their churches, where they will be able to reside securely and to exercise freely their jurisdiction they may freely proceed against their expellers and their counsellors and supporters, as justice shall advise. (The cities and places must be such as are untroubled by these expellers and their counsellors and supporters. They are to be cited personally or to the bishop’s house, if this can be done safely; if not, they are to be cited publicly in the cathedral church of the place or of their domicile.) If however the bishops have not dared to cite their expellers or their counsellors or supporters in this way, or if these have maliciously frustrated their being cited, it is lawful for the bishops to cite the expellers, counsellors and supporters, or to have them cited, on Sundays and festivals when the people assemble for divine worship, so that the accused may be presumed in all probability to have learned of the citation. This shall take place publicly in the churches of the cities or other prominent places, and then the bishops shall proceed against their persecutors, if they refuse to appear in the bishops’ presence within a suitable fixed time, just as if the citation had been made legally elsewhere. We grant also to those bishops, lest justice suffer, authority to exercise full jurisdiction over their subjects from the other dioceses in which they have to stay, provided that they cannot or dare not do this, either directly or through someone else, in their own dioceses. The subjects, however, excluding the expellers or their counsellors and supporters, should not have to travel more than two days’ journey from the boundary of their diocese. It is our will also that the bishops first seek permission from the diocesans of their places of exile; if they are not able to obtain this, they may nevertheless proceed as we have said. Of course if the said bishops have asserted that they did not dare to cite the expellers or their counsellors and supporters, personally or to the bishop’s house, or publicly in their cathedral church, as has been said, or that they maliciously prevented the citation, or that the bishops cannot or dare not exercise jurisdiction in their dioceses either directly or through someone else against these persecutors, then we wish these assertions to be reliable, strictly enjoining the bishops, under threat of the divine judgment, that they do not assert or invent anything false or deceptive. The neighbouring bishops, when asked by the exiled bishops, should give notice or have notice given throughout their dioceses of the verdicts and the legal processes which the exiled bishops have judged necessary. No prejudice shall arise from the passage of time, or for any other reason, to the local ordinaries or to anyone else having jurisdiction in these places where the expelled bishops also exercise jurisdiction.

[8]. We strictly command local ordinaries to admonish by name three times clerics who publicly and personally engage in the butcher’s trade or conduct taverns, that they cease to do so within a reasonable time to be fixed by the ordinary and never resume such trades. If after admonition they do not leave off or if they resume them at any time, then as long as they persist in the above ways of life those who are married shall automatically lose all clerical privileges, and those who are unmarried shall automatically lose their clerical privileges relating to things, and if the latter go about in every way as laymen they shall also lose automatically their personal privileges as clerics. As for other clerics who apply themselves publicly to secular commerce and trade or any occupation inconsistent with the clerical state, or who carry arms, the ordinaries are to be diligent in observing the canons, so that these clerics may be restrained from such miscon duct and they themselves may not be guilty of reprehensible negligence.

[9]. Since he who abandons the dress proper to his order, and puts on other clothes and wears them in public, without a good reason, renders himself unworthy of the privileges of that order, we ordain by the present constitution that any cleric wearing striped or variegated clothes in public, without a good reason, is automatically suspended, if he is beneficed, from receiving the revenues of his benefices for a period of six months. If however he does not have a benefice but is in sacred orders below the priesthood, he becomes automatically disqualified for the same period from obtaining an ecclesiastical benefice. The same penalty applies to other clerics having the tonsure yet wearing such clothes in public. He who holds a dignity, a parsonage or another benefice to which the cure of souls is annexed, as also any other priests and religious, whose outward garb should reveal their inner integrity, who without reasonable cause wear such clothing in public, or appear thus with a woollen band or linen cap on their heads, are, if beneficed, automatically suspended for a year from receiving the revenues of their benefices. Such other priests and religious are also disqualified for the same period from obtaining any ecclesiastical benefices. These and any other clerics who wear a gown or tabard which is furred to the edge and so short that the lower garment is clearly seen, if they are secular clergy or religious with administrative posts, are obliged to give the gown to the poor within a month. The other religious who do not have administrative posts are obliged within the same period to consign the gown to their superiors, to be used for some pious purpose. If this is not done, the above penalties, of suspension in the case of the beneficed clergy and of disqualification in the case of the rest, are incurred for the above period of time. To this penalty we add that clerics, especially those with benefices, may not wear in public chequered, red or green boots.

[10]. The following decretal, published a little while ago by our predecessor pope Boniface VIII, was revoked by our predecessor pope Benedict XI. Since, as results have proved, the revocation did not bring with it the peace hoped for by its author, but rather stimulated the discord which it was designed to allay, we annul it altogether and renew, with the insistence and approval of the sacred council, the said decretal published by Boniface which runs as follows.

"Boniface, bishop, servant of the servants of God, for an everlasting record.

"Having been placed by the divine clemency on the chair of pastoral preeminence, burdened though we are by the many arduous affairs which flow like a torrent from all directions into the Roman curia, summoned by many cares distracted by many proposals, we nevertheless aim ardently and devote ourselves with ever-active solicitude so that, to the glory of the divine name, the exaltation of the catholic faith and the profit of faithful souls, after the thornbushes of disagreement have been rooted out and the intricacies of quarrels removed, the tranquility of peace may thrive with the ardour of charity, and unity of heart and mind may grow and persist, between the bishops charged with the care and rule of the Lord’s flock and other persons in the clerical state. We know, and experience teaches us, that only in time of peace is the author of peace duly worshipped, nor are we ignorant that dissensions and scandals prepare the way to wicked acts, stir up rancour and hatred, and give boldness to evil living. For a long time past there has existed between prelates and rectors or priests and clerics of parish churches throughout the different provinces of the world on the one hand, and the friars Preacher and Minor on the other, grave and dangerous discord, produced by that enemy of peace, the sower of cockle, in the matters of preaching to the faithful, hearing their confessions, enjoining penances, and burying the dead who choose to be buried in the churches or lands of the friars.

"As an affectionate father rightly suffers with his children, we carefully considered and turned over in our mind the great danger and loss that such discord brings, and how detestable it is in the sight of the divine majesty. We therefore intend with all the energy of fatherly care to eradicate and remove it wholly, so that with the Lord’s favour it may never revive in the future. We desire greatly that this business, so close to our heart, may be beneficially and speedily completed by apostolic sagacity. After careful deliberation with our brothers, we decree and ordain, with the advice of our brothers and by our apostolic authority, to the honour of God and the exaltation of the catholic faith and for the peaceful condition of the aforesaid parties and the salvation of the souls of the faithful, that the friars of the said orders may freely preach and explain the word of God to the clergy and the people in their churches and other places as also in public places, except at that hour only when the local prelates wish to preach or have someone to give a special sermon in their presence; at this hour they shall not preach, except the prelates decide otherwise and give special permission. In institutes of general studies, where it is customary to give a special sermon to the clergy on certain days, at funerals, and on special feasts of the friars, they are at liberty to preach, unless perhaps during the hour when it is customary to preach to the clergy in the above places the bishop or a higher prelate should summon the clergy in general to his presence, or for some urgent reason should assemble them. In parish churches, however, the said friars may not preach or explain God’s word, unless invited or called to do so by the priests of the parishes, and with their good will and assent, or having asked and obtained permission, unless the bishop or higher prelate should through them commission a friar to preach.

"By the same authority we also decree and ordain that in each city and diocese in which the friars have houses, or in neighbouring cities and dioceses where they have no houses, the masters and priors provincial of the Preachers or their vicars, and the ministers general and provincial and the guardians of the Minors, should gather in the presence of the prelates of those places either personally or through friars whom they judge will be suitable delegates, and humbly request that friars chosen for the purpose may freely hear the confessions of those of the prelates’ subjects who wish to confess to them, may impose salutary penances as they shall think right in God’s eyes, and may grant absolution to them, with the leave, favour and good will of the prelates. The masters, priors, provincials and ministers of the orders are then to choose diligently sufficient persons who are suitable, of approved life, discreet, modest and skilled for such a salutary ministry and office. These they are to present or have presented to the prelates that by their leave, favour and good will, they may hear the confessions of those wishing to confess to them in the prelates’ cities and dioceses, impose salutary penances and grant absolution, as has been said above. They are by no means to hear confessions outside the cities and dioceses for which they were appointed. We want them to be appointed for cities and dioceses, not for provinces. The number of persons to be chosen for this ministry ought to be in proportion to that which the number of clergy and people demands.

"If the prelates grant the permission requested for hearing confessions, the said masters, ministers and others shall receive it with thanks, and the persons chosen should carry out the duties entrusted to them. If the prelates do not accept one of the friars presented to them, another may and should be presented in his place. But if the prelates issue a general refusal to the friars chosen, we graciously grant, from the fullness of our apostolic power, that they may freely and lawfully hear the confessions of those wishing to confess to them and impose salutary penances, and then impart absolution. By this permission, however, we by no means intend to give more ample power to such friars than is granted by law to the parish clergy, unless perhaps the prelates of the churches think that such power should be given to them.

"To this decree and regulation of ours we add that the friars of the said orders may provide free burial everywhere in their churches and cemeteries, that is they may receive for burial all who have chosen these places for their burial. Yet, lest parish churches and their clergy, whose office it is to administer the sacraments and to whom it belongs by law to preach God’s word and to hear the confessions of the faithful, should be denied their due and necessary benefits, since the labourer deserves his wages, we decree and ordain by the same apostolic authority, that the friars are obliged to give the parish clergy a fourth part of all the income from funerals and from everything left to them, expressly or not, for whatever definite purpose, even from such bequests of which a fourth or canonical part is not claimed by custom or by law, and also a fourth part of bequests made at the death or at the point of death of the giver, whether directly or through a third party. We set and also limit this amount to the fourth part by our apostolic authority. The friars are to see to it that bequests are not left to others from whom this fourth part is not owed, to the advantage or interest of the friars themselves, nor go in this way as gifts to these others; and that they do not arrange for that which would be given at death or in illness to the friars, to be given to themselves while the donors are healthy. We intend to prevent anything of this kind by binding the friars’ consciences, so that if, which God forbid, any deceit or fraud has been practised by the friars themselves, contrary to their obligation to the said priests, rectors and pastors, a strict account will be demanded at the last judgment. The rectors of parishes, pastors and prelates may not, however, exact more than this portion, nor are the friars obliged to pay more, nor may they be compelled by anyone to do so.

"In order that everything may go forward evenly and peacefully with the Lord’s favour, we revoke, void, annul and invalidate completely all the privileges, favours and indults granted orally or in writing, in any form or expression of words, by ourself or our predecessors as Roman pontiffs to any of the said orders, and also customs, agreements and contracts, in so far as these are contrary to the above provisions or any one of them. We declare all such privileges to be null and void. Furthermore, by this present decree, we earnestly ask and exhort, indeed we strictly command, all prelates of churches, of whatever pre-eminence, status or dignity, and the parish priests, pastors and rectors, out of their reverence for God and the apostolic see, to show friendliness to these orders and their members, not being difficult, severe, hard or austere to the friars, but rather gracious, favourable and kind, showing them a spirit of holy generosity. They should accept the friars as suitable fellow-workers in the office of preaching and explaining God’s word and in everything else mentioned above, admitting them with ready kindness and affection to a share in their labours, so as to increase their reward of eternal happiness and the fruitful harvest of souls. Nor let them be unaware that if perhaps they act otherwise, the kindness of the apostolic see, which honours these orders and their members with great favour and holds them in its heart, will with good reason be roused against them, nor can it tolerate with good will such behaviour without applying a suitable remedy. The indignation, moreover, of the heavenly king, the just rewarder, whom the friars serve with all earnestness, will not be lacking."

[11]. There are religious who presume to usurp by cunning fraud, or under a feigned title, tithes on newly tilled land or other tithes owing to churches, to which they have no legal claim, or who do not permit or even forbid tithes to be paid to the churches on animals belonging to their familiars and shepherds or others whose animals intermingle with their flocks, or on animals which they buy in many places and then hand over to the keeping of sellers or others, thus defrauding the churches, or on land the cultivation of which they have entrusted to others. If such religious, after claim has been made by those whom it concerns, do not desist within a month from the above practices, or if they do not make fitting satisfaction to the defrauded churches within two months, they are and remain suspended from their offices, administrative posts and benefices until they have desisted and made satisfaction, as stated above. If these religious have no administrative posts or benefices, they incur, in place of suspension, the sentence of excommunication, from which they cannot receive absolution before making due satisfaction, notwithstanding privileges to the contrary. We do not wish, however, this decree to apply where animals are held by oblates of the religious, provided that these oblates have given themselves and their possessions to the religious.

[12]. If a tithe on the benefices of anyone be granted for a time, the tithe can and should be raised in accordance with the customary valuing of the tithe in the regions in which the grant is made, and in the money generally current. We do not wish the chalices of churches, books and other equipment destined for divine worship to be taken or received as security or distraint by the collectors, raisers or exactors of the tithe, nor are such objects to be distrained or seized in any way.

[13]. In order that those who profess poverty in any order may persevere more readily in the vocation to which they have been called, and that those who have gone over to a non-mendicant order may apply themselves to live there more peacefully the more the ambition which produces discord and division is checked, we decree, with the approval of the sacred council, that any mendicants, who even with apostolic authority shall go over to non-mendicant orders in the future or have hitherto done so, even though they now hold the office of prior or obedientiary or other offices, or have any care or government of souls in the non-mendicant order, shall have no voice or place in the chapter, even though this be granted freely to them by the others. They may not continue to hold the office of prior or obedientiary or other offices previously held, even as vicar or minister or deputy, nor may they have the care or government of souls either directly or on behalf of others. All actions contrary to this decree shall be automatically null and void, notwithstanding any privilege whatsoever. We do not however wish this constitution to extend to those mendicant orders which the apostolic see has allowed to continue on condition that they admit no more persons to profession, and to which it has granted a general permission for passing to other approved orders.

[14]. That nothing unbecoming or corrupt find its way into that field of the Lord, namely the sacred order of the black monks, or anything grow into a ruinous crop, but rather that the flowers of honour and integrity may there produce much fruit, we decree as follows.

We forbid the monks all excess or irregularity with regard to clothes, food, drink, bedding and horses. We decree that the upper garment next to their habit should be black, brown or white, according to the custom of the region in which they live. The quality of the cloth should not exceed monastic moderation, nor should they seek what is expensive and fine, but what is practical. The garment itself should be round and not slit, neither too long nor too short; it should have broad sleeves extending to the hands, not sewn or buttoned in any way. The monks should be content with an almuce of black cloth or fur in place of a hood together with the hood of the habit which they wear, or by arrangement of the abbot they may wear unpretentious hoods which are open over the shoulders. They should not wear silk in place of fur. They may use large summer shoes or high boots for their footwear. None shall presume to wear an ornate belt, knife or spurs, or ride a horse with the saddle highly ornamented with nails or sumptuous in any other way, or with a decorative iron bridle. In communities in which there are twelve monks or more, the abbot, prior or other superior may wear within the monastery walls a frock of the cloth customarily used for the frocks and cowls of the monastery; other monks in monasteries where frocks are customarily worn should use them also. In other monasteries, however, and in houses and priories where there is a smaller community, they should wear cowls which are closed and of becoming appear ance. When the abbots, priors or other superiors and other monks set footoutside the monastery, they should wear a frock or a cowl or a closed cloak; if they wear the cloak, they should wear underneath it a cowl or, if they prefer, a scapular. When they put on albs or sacred vestments in order to minister at the divine offices, or when they are engaged in work, they may wear the scapular. Lest any uncertainty arises from the different meanings in different regions of the world of the words cowl and frock, we declare that by cowl we understand a long and full habit without sleeves, and by frock we understand a habit with long full sleeves. At least once every month, both inside and outside the monastery, each and all of the monks must go to confession, and on the first Sunday of each month they should receive communion in the monastery, except for some reason which they should make known to the abbot, prior or confessor in the monastery; they should abide by his decision. When the rule is read in chapter, it is to be explained in the vernacular by him who presides, or by someone else appointed by him, for the sake of the younger monks. The novices shall have a competent instructor in the divine offices and in regular observance.

All shall always abstain from hunting and fowling. They shall not be present at them, nor presume to have hunting-dogs or birds of prey in their keeping or in that of others, nor permit familiars living with them to keep them, unless the monastery has woods, game preserves or warrens, or has the right to hunt on property belonging to others, in which there might be rabbits or other wild animals. They are then permitted to keep such dogs and birds, as long as they do not keep the hunting-dogs in the monastery or the houses in which they live or within the cloister, and the monks themselves do not appear at the hunt.

If someone rashly violates the above regulations, he shall be subject to the regular discipline. If he presumes to wear unlaced high shoes, or a hood not open as aforesaid, he is also suspended from conferring benefices for a year, if he is an abbot or a prior who does not have an abbot above him; if anyone else, he is suspended for a year from administrative office, if he holds any. If he has no administrative office, he is automatically disqualified for a year from holding such office or an ecclesiastical benefice. If any are deliberately present at rowdy hunting or fowling or occupied in other ways with dogs and birds, they incur automatic suspension and disqualification, according to the above distinction of persons, for two years. If the abbot or prior has been suspended from conferring benefices, this devolves, with the counsel and assent of the community or its greater part, on the claustral prior.

Some monks, as we hear, throw off the sweet yoke of regular observance and leave their monasteries, feigning that they cannot securely remain there, or under some other pretext, to wander about the courts of princes. Unless these monks’ superiors grant them the pension or subsidy which they ask for, the monks conspire against their superiors, betray them or otherwise oppress them, bring about their capture and imprisonment, have their own monasteries burned, and occasionally even presume to seize in whole or in great part the property of the monastery. We wish to counter such unprincipled audacity. We forbid, by this perpetual edict, that monks and canons regular who are not administrators should presume, without special leave of their superiors, to betake themselves to the courts of princes. If, in order to do harm to their superiors or monasteries, they presume to go to such courts, we determine that they incur automatic excommunication. We nevertheless strictly enjoin on their superiors to restrain them with all diligence from visiting the said courts and from any wandering about; they are to correct severely those who do not obey. We decree that monks who keep arms inside their monastery, without leave of their abbot, incur the same sentence.