Part 2 Fourth Lateran Council : 1215

22. Physicians of the body to advise patients to call physicians of the soul As sickness of the body may sometimes be the result of sin -- as the Lord said to the sick man whom he had cured, Go and sin no more, lest something worse befall you -- so we by this present decree order and strictly command physicians of the body, when they are called to the sick, to warn and persuade them first of all to call in physicians of the soul so that after their spiritual health has been seen to they may respond better to medicine for their bodies, for when the cause ceases so does the effect. This among other things has occasioned this decree, namely that some people on their sickbed, when they are advised by physicians to arrange for the health of their souls, fall into despair and so the more readily incur the danger of death. If any physician transgresses this our constitution, after it has been published by the local prelates, he shall be barred from entering a church until he has made suitable satisfaction for a transgression of this kind. Moreover, since the soul is much more precious than the body, we forbid any physician, under pain of anathema, to prescribe anything for the bodily health of a sick person that may endanger his soul.

23. Churches are to be without a prelate for no more than 3 months

Lest a rapacious wolf attack the Lord’s flock for want of a shepherd, or lest a widowed church suffer grave injury to its good, we decree, desiring to counteract the danger to souls in this matter and to provide protection for the churches, that a cathedral church or a church of the regular clergy is not to remain without a prelate for more than three months. If the election has not been held within this time, provided there is no just impediment, then those who ought to have made the election are to lose the power to elect for that time and it is to devolve upon the person who is recognized as the immediate superior. The person upon whom the power has devolved, mindful of the Lord, shall not delay beyond three months in canonically providing the widowed church, with the advice of his chapter and of other prudent men, with a suitable person from the same church, or from another if a worthy candidate cannot be found in the former, if he wishes to avoid canonical penalty.

24. Democratic election of pastors On account of the various forms of elections which some try to invent, there arise many difficulties and great dangers for the bereaved churches. We therefore decree that at the holding of an election, when all are present who ought to, want to and conveniently can take part, three trustworthy persons shall be chosen from the college who will diligently find out, in confidence and individually, the opinions of everybody. After they have committed the result to writing, they shall together quickly announce it. There shall be no further appeal, so that after a scrutiny that person shall be elected upon whom all or the greater or sounder part of the chapter agree. Or else the power of electing shall be committed to some suitable persons who, acting on behalf of everybody, shall provide the bereaved church with a pastor. Otherwise the election made shall not be valid, unless perchance it was made by all together as if by divine inspiration and without flaw. Those who attempt to make an election contrary to the aforesaid forms shall be deprived of the power of electing on that occasion. We absolutely forbid anyone to appoint a proxy in the matter of an election, unless he is absent from the place where he ought to receive the summons and is detained from coming by a lawful impediment. He shall take an oath about this, if necessary, and then he may commit his representation to one of the college, if he so wishes. We also condemn clandestine elections and order that as soon as an election has taken place it should be solemnly published.

25. Invalid elections

Whoever presumes to consent to his being elected through abuse of the secular power, against canonical freedom, both forfeits the benefit of being elected and becomes ineligible, and he cannot be elected to any dignity without a dispensation. Those who venture to take part in elections of this kind, which we declare to be invalid by the law itself, shall be suspended from their offices and benefices for three years and during that time shall be deprived of the power to elect.

26. Nominees for prelatures to be carefully screened

There is nothing more harmful to God’s church than for unworthy prelates to be entrusted with the government of souls. Wishing therefore to provide the necessary remedy for this disease, we decree by this irrevocable constitution that when anyone has been entrusted with the government of souls, then he who holds the right to confirm him should diligently examine both the process of the election and the character of the person elected, so that when everything is in order he may confirm him. For, if confirmation was granted in advance when everything was not in order, then not only would the person improperly promoted have to be rejected but also the author of the improper promotion would have to be punished. We decree that the latter shall be punished in the following way : if his negligence has been proved, especially if he has approved a man of insufficient learning or dishonest life or unlawful age, he shall not only lose the power of confirming the person’s first successor but shall also, lest by any chance he escapes punishment, be suspended from receiving the fruits of his own benefice until it is right for him to be granted a pardon. If he is convicted of having erred intentionally in the matter, then he is to be subject to graver punishment. Bishops too, if they wish to avoid canonical punishment, should take care to promote to holy orders and to ecclesiastical dignities men who will be able to discharge worthily the office entrusted to them. Those who are immediately subject to the Roman pontiff shall, to obtain confirmation of their office, present themselves personally to him, if this can conveniently be done, or send suitable persons through whom a careful inquiry can be made about the process of the election and the persons elected. In this way, on the strength of the pontiff’s informed judgment, they may finally enter into the fullness of their office, when there is no impediment in canon law. For a time, however, those who are in very distant parts, namely outside Italy, if they were elected peaceably, may by dispensation, on account of the needs and benefit of the churches, administer in things spiritual and temporal, but in such a way that they alienate nothing whatever of the church’s goods. They may receive the customary consecration or blessing.

27. Candidates for the priesthood to be carefully trained and scrutinized To guide souls is a supreme art. We therefore strictly order bishops carefully to prepare those who are to be promoted to the priesthood and to instruct them, either by themselves or through other suitable persons, in the divine services and the sacraments of the church, so that they may be able to celebrate them correctly. But if they presume henceforth to ordain the ignorant and unformed, which can indeed easily be detected, we decree that both the ordainers and those ordained are to be subject to severe punishment. For it is preferable, especially in the ordination of priests, to have a few good ministers than many bad ones, for if a blind man leads another blind man, both will fall into the pit.

28. Who asks to resign must resign

Certain persons insistently ask for permission to resign and obtain it, but then do not resign. Since in such a request to resign they would seem to have in mind either the good of the churches over which they preside or their own well-being, neither of which do we wish to be impeded either by the arguments of any people seeking their own interests or even by a certain fickleness, we therefore decree that such persons are to be compelled to resign.

29. Multiple benefices require papal dispensation With much foresight it was forbidden in the Lateran council for anyone to receive several ecclesiastical dignities and several parish churches, contrary to the regulations of the sacred canons, on pain of both the recipient losing what he had received and the conferrer being deprived of the power to confer. On account of the presumption and covetousness of certain persons, however, none or little fruit is resulting from this statute. We therefore, desiring to remedy the situation more clearly and expressly, ordain by this present decree that whoever receives any benefice with the cure of souls attached, if he was already in possession of such a benefice, shall be deprived by the law itself of the benefice held first, and if perchance he tries to retain this he shall also be deprived of the second benefice. Moreover, the person who has the right to confer the first benefice may freely bestow it, after the recipient has obtained a second benefice, on someone who seems to deserve it. If he delays in conferring it beyond three months, however, then not only is the collation to devolve upon another person, according to the statute of the Lateran council, but also he shall be compelled to assign to the use of the church belonging to the benefice as much of his own income as is established as having been received from the benefice while it was vacant. We decree that the same is to be observed with regard to parsonages adding that nobody shall presume to hold several dignities or parsonages in the same church even if they do not have the cure of souls. As for exalted and lettered persons, however, who should be honoured with greater benefices, it is possible for them to be dispensed by the apostolic see, when reason demands it.

30. Penalties for bestowing ecclesiatical benefices on the unworthy

It is very serious and absurd that prelates of churches, when they can promote suitable men to ecclesiastical benefices, are not afraid to choose unworthy men who lack both learning and honesty of behaviour and who follow the urgings of the flesh rather than the judgment of reason. Nobody of a sound mind is ignorant of how much damage to churches arises from this. Wishing therefore to remedy this ill, we order that they pass over unworthy persons and appoint suitable persons who are willing and able to offer a pleasing service to God and to the churches, and that careful inquiry be made about this each year at the provincial council. Therefore he who has been found guilty after a first and second correction is to be suspended from conferring benefices by the provincial council, and a prudent and honest person is to be appointed at the same council to make up for the suspended person’s failure in this matter. The same is to be observed with regard to chapters who offend in these matters. The offence of a metropolitan, however, shall be left by the council to be reported to the judgment of the superior. In order that this salutary provision may have fuller effect, a sentence of suspension of this kind may not be relaxed at all without the authority of the Roman pontiff or of the appropriate patriarch, so that in this too the four patriarchal sees shall be specially honoured.

31. Canons’ sons cannot be canons where their fathers are In order to abolish a very bad practice that has grown up in many churches, we strictly forbid the sons of canons, especially if they are illegitimate, to become canons in the secular churches in which their fathers hold office. If the contrary is attempted, we declare it to be invalid. Those who attempt to make such persons canons are to be suspended from their benefices.

32. Parish priests to have adequate incomes

There has grown up in certain parts a vicious custom which should be eradicated, namely that patrons of parish churches and certain other people claim the incomes from the churches wholly for themselves and leave to the priests, for the appointed services, such a small portion that they cannot live fittingly on it. For in some regions, as we have learnt for certain, parish priests receive for their sustenance only a quarter of a quarter, that is to say a sixteenth, of the tithes. Whence it comes about in these regions that almost no parish priest can be found who is even moderately learned. As the mouth of the ox should not be muzzled when it is treading out the grain, and he who serves at the altar should live from it, we therefore decree that, notwithstanding any custom of a bishop or a patron or anyone else, a sufficient portion is to be assigned to the priest. He who has a parish church is to serve it not through a vicar but in person, in the due form which the care of that church requires, unless by chance the parish church is annexed to a prebend or a dignity. In that case we allow that he who has such a prebend or dignity should make it his business, since he must serve in the greater church, to have a suitable and permanent vicar canonically instituted in the parish church; and the latter is to have, as has been said, a fitting portion from the revenues of the church. Otherwise let him know that by the authority of this decree he is deprived of the parish church, which is freely to be conferred on someone else who is willing and able to do what has been said. We utterly forbid anyone to dare deceitfully to confer a pension on another person, as it were as a benefice, from the revenues of a church which has to maintain its own priest.

33. Renumeration for visitations to be reasonable

Procurations which are due, by reason of a visitation, to bishops, archdeacons or any other persons, as well as to legates or nuncios of the apostolic see, should by no means be exacted, without a clear and necessary reason, unless the visitations were carried out in person, and then let them observe the moderation in transport and retinue laid down in the Lateran council. We add the following moderation with regard to legates and nuncios of the apostolic see : that when it is necessary for them to stay in any place, and in order that the said place may not be burdened too much on their behalf, they may receive moderate procurations from other churches and persons that have not yet been burdened with procurations of their own, on condition that the number of procurations does-not exceed the number of days in the stay; and when any of the churches or persons have not sufficient means of their own, two or more of them may be combined into one. Those who exercise the office of visitation, moreover, shall not seek their own interests but rather those of Jesus Christ, by devoting themselves to preaching and exhortation, to correction and reformation, so that they may bring back fruit which does not perish. He who dares to do the contrary shall both restore what he has received and pay a like amount in compensation to the church which he has thus burdened.

34. Prelates forbidden to procure ecclesiastical services at a profit

Many prelates, in order to meet the cost of a procuration or some service to a legate or some other person, extort from their subjects more than they pay out, and in trying to extract a profit from their losses they look for booty rather than help in their subjects. We forbid this to happen in the future. If by chance anyone does attempt it, he shall restore what he has extorted and be compelled to give the same amount to the poor. The superior to whom a complaint about this has been submitted shall suffer canonical punishment if he is negligent in executing this statute.

35. On appeal procedures In order that due honour may be given to judges and consideration be shown to litigants in the matter of trouble and expenses, we decree that when somebody sues an adversary before the competent judge, he shall not appeal to a superior judge before judgment has been given, without a reasonable cause; but rather let him proceed with his suit before the lower judge, without it being possible for him to obstruct by saying that he sent a messenger to a superior judge or even procured letters from him before they were assigned to the delegated judge. When, however, he thinks that he has reasonable cause for appealing and has stated the probable grounds of the appeal before the same judge, such namely that if they were proved they would be reckoned legitimate, the superior judge shall examine the appeal. If the latter thinks the appeal is unreasonable, he shall send the appellant back to the lower judge and sentence him to pay the costs of the other party; otherwise he shall go ahead, saving however the canons about major cases being referred to the apostolic see.

36. On interlocutory sentences

Since the effect ceases when the cause ceases, we decree that if an ordinary judge or a judge delegate has pronounced a comminatory or an interlocutory sentence which would prejudice one of the litigants if its execution was ordered, and then acting on good advice refrains from putting it into effect, he shall proceed freely in hearing the case, notwithstanding any appeal made against such a comminatory or interlocutory sentence, provided he is not open to suspicion for some other legitimate reason. This is so that the process is not held up for frivolous reasons.

37. On Summons by Apostolic Letter

Some people, abusing the favour of the apostolic see, try to obtain letters from it summoning people to distant judges, so that the defendant, wearied by the labour and expense of the action, is forced to give in or to buy off the importunate bringer of the action. A trial should not open the way to injustices that are forbidden by respect for the law. We therefore decree that nobody may be summoned by apostolic letters to a trial that is more than two days’ journey outside his diocese, unless the letters were procured with the agreement of both parties or expressly mention this constitution. There are other people who, turning to a new kind of trade, in order to revive complaints that are dormant or to introduce new questions, make up suits for which they procure letters from the apostolic see without authorization from their superiors. They then offer the letters for sale either to the defendant, in return for his not being vexed with trouble and expense on account of them, or to the plaintiff, in order that by means of them he may wear out his adversary with undue distress. Lawsuits should be limited rather than encouraged. We therefore decree by this general constitution that if anyone henceforth presumes to seek apostolic letters on any matter without a special mandate from his superior, then the letters are invalid and he is to be punished as a forger, unless by chance persons are involved for whom a mandate should not in law be demanded.

38. Written records of trials to be kept An innocent litigant can never prove the truth of his denial of a false assertion made by an unjust judge, since a denial by the nature of things does not constitute a direct proof. We therefore decree, lest falsehood prejudice truth or wickedness prevail over justice, that in both ordinary and extraordinary trials the judge shall always employ either a public official, if he can find one, or two suitable men to write down faithfully all the judicial acts -- that is to say the citations, adjournments, objections and exceptions, petitions and replies, interrogations, confessions, depositions of witnesses, productions of documents, interlocutions {5} , appeals, renunciations, final decisions and the other things that ought to be written down in the correct order -- stating the places, times and persons. Everything thus written down shall be given to the parties in question, but the originals shall remain with the scribes, so that if a dispute arises over how the judge conducted the case, the truth can be established from the originals. With this measure being applied, such deference will be paid to honest and prudent judges that justice for the innocent will not be harmed by imprudent and wicked judges. A judge who neglects to observe this constitution shall, if some difficulty arises from his negligence, be punished as he deserves by a superior judge; nor shall presumption be made in favour of his handling of the case except insofar as it accords with the legal documents.

39. On knowingly receiving stolen goods

It often happens, when a person has been unjustly robbed and the object has been transferred by the robber to a third party, that he is not helped by an action of restitution against the new possessor because he has lost the advantage of possession, and he loses in effect the right of ownership on account of the difficulty of proving his case. We therefore decree, notwithstanding the force of civil law, that if anyone henceforth knowingly receives such a thing, then the one robbed shall be favoured by his being awarded restitution against the one in possession. For the latter as it were succeeds the robber in his vice, inasmuch as there is not much difference, especially as regards danger to the soul, between unjustly hanging on to another’s property and seizing it.

. True owner is the true possessor even if not possessing the object for a year

It sometimes happens that when possession of something is awarded to the plaintiff in a suit, on account of the contumacy of the other party, yet because of force or fraud over the thing he is unable to obtain custody of it within a year, or having gained it he loses it. Thus the defendant profits from his own wickedness, because in the opinion of many the plaintiff does not qualify as the true possessor at the end of a year. Lest therefore a contumacious party is in a better position than an obedient one, we decree, in the name of canonical equity, that in the aforesaid case the plaintiff shall be established as the true possessor after the year has elapsed. Furthermore, we issue a general prohibition against promising to abide by the decision of a layman in spiritual matters, since it is not fitting for a layman to arbitrate in such matters.

41. No one is to knowingly prescribe an object to the wrong party

Since whatever does not proceed from faith is sin, and since in general any constitution or custom which cannot be observed without mortal sin is to be disregarded, we therefore define by this synodal judgment that no prescription, whether canonical or civil, is valid without good faith. It is therefore necessary that the person who prescribes should at no stage be aware that the object belongs to someone else.

42. Clerics and laity are not to usurp each others rights

Just as we desire lay people not to usurp the rights of clerics, so we ought to wish clerics not to lay claim to the rights of the laity. We therefore forbid every cleric henceforth to extend his jurisdiction, under pretext of ecclesiastical freedom, to the prejudice of secular justice. Rather, let him be satisfied with the written constitutions and customs hitherto approved, so that the things of Caesar may be rendered unto Caesar, and the things of God may be rendered unto God by a right distribution.

43. Clerics cannot be forced to take oaths of fealty to those from whom they hold no temporalities

Certain laymen try to encroach too far upon divine right when they force ecclesiastics who do not hold any temporalities from them to take oaths of fealty to them. Since a servant stands or falls with his Lord, according to the Apostle, we therefore forbid, on the authority of this sacred council, that such clerics be forced to take an oath of this kind to secular persons.

44. Only clerics may dispose of church property

Lay people, however devout, have no power to dispose of church property. Their lot is to obey, not to be in command. We therefore grieve that charity is growing cold in some of them so that they are not afraid to attack through their ordinances, or rather their fabrications, the immunity of ecclesiastical freedom, which has in the past been protected with many privileges not only by holy fathers but also by secular princes. They do this not only by alienating fiefs and other possessions of the church and by usurping jurisdictions but also by illegally laying hands on mortuaries and other things which are seen to belong to spiritual justice. We wish to ensure the immunity of churches in these matters and to provide against such great injuries. We therefore decree, with the approval of this sacred council, that ordinances of this kind and claims to fiefs or other goods of the church, made by way of a decree of the lay power, without the proper consent of ecclesiastical persons, are invalid since they can be said to be not laws but rather acts of destitution or destruction and usurpations of jurisdiction. Those who dare to do these things are to be restrained by ecclesiastical censure.

45. Penalties for patrons who steal church goods or physically harm their clerics

Patrons of churches, lords’ deputies and advocates have displayed such arrogance in some provinces that they not only introduce difficulties and evil designs when vacant churches ought to be provided with suitable pastors, but they also presume to dispose of the possessions and other goods of the church as they like and, what is dreadful to relate, they are not afraid to set about killing prelates. What was devised for protection should not be twisted into a means of repression. We therefore expressly forbid patrons, advocates and lords’ deputies henceforth to appropriate more in the aforesaid matters than is permitted in law. If they dare to do the contrary, let them be curbed with the most severe canonical penalties. We decree, moreover, with the approval of this sacred council, that if patrons or advocates or feudatories or lords’ deputies or other persons with benefices venture with unspeakable daring to kill or to mutilate, personally or through others, the rector of any church or other cleric of that church, then the patron shall lose completely his right of patronage, the advocate his advocation, the feudatory his fief, the lord’s deputy his deputyship and the beneficed person his benefice. And lest the punishment be remembered for less time than the crime, nothing of the aforesaid shall descend to their heirs, and their posterity to the fourth generation shall in nowise be admitted into a college of clerics or to hold the honour of any prelacy in a religious house, except when out of mercy they are dispensed to do Song of Solomon 46. Taxes cannot be levied on the Church, but the Church can volunteer contributions for the common good The Lateran council, wishing to provide for the immunity of the church against officials and governors of cities and other persons who seek to oppress churches and churchmen with tallages and taxes and other exactions, forbade such presumption under pain of anathema. It ordered transgressors and their supporters to be excommunicated until they made adequate satisfaction. If at some time, however, a bishop together with his clergy foresee so great a need or advantage that they consider, without any compulsion, that subsidies should be given by the churches, for the common good or the common need, when the resources of the laity are not sufficient, then the above-mentioned laymen may receive them humbly and devoutly and with thanks. On account of the imprudence of some, however, the Roman pontiff, whose business it is to provide for the common good, should be consulted beforehand. We add, moreover, since the malice of some against God’s church has not abated, that the ordinances and sentences promulgated by such excommunicated persons, or on their orders, are to be deemed null and void and shall never be valid. Since fraud and deceit should not protect anyone, let nobody be deceived by false error to endure an anathema during his term of government as though he is not obliged to make satisfaction afterwards. For we decree that both he who has refused to make satisfaction and his successor, if he does not make satisfaction within a month, is to remain bound by ecclesiastical censure until he makes suitable satisfaction, since he who succeeds to a post also succeeds to its responsibilities.

47. On unjust excommunication With the approval of this sacred council, we forbid anyone to promulgate a sentence of excommunication on anyone, unless an adequate warning has been given beforehand in the presence of suitable persons, who can if necessary testify to the warning. If anyone dares to do the contrary, even if the sentence of excommunication is just, let him know that he is forbidden to enter a church for one month and he is to be punished with another penalty if this seems expedient. Let him carefully avoid proceeding to excommunicate anyone without manifest and reasonable cause. If he does so proceed and, on being humbly requested, does not take care to revoke the process without imposing punishment, then the injured person may lodge a complaint of unjust excommunication with a superior judge. The latter shall then send the person back to the judge who excommunicated him, if this can be done without the danger of a delay, with orders that he is to be absolved within a suitable period of time. If the danger of delay cannot be avoided, the task of absolving him shall be carried out by the superior judge, either in person or through someone else, as seems expedient, after he has obtained adequate guarantees. Whenever it is established that the judge pronounced an unjust excommunication, he shall be condemned to make compensation for damages to the one excommunicated, and be nonetheless punished in another way at the discretion of the superior judge if the nature of the fault calls for it, since it is not a trivial fault to inflict so great a punishment on an innocent person -- unless by chance he erred for reasons that are credible -- especially if the person is of praiseworthy repute. But if nothing reasonable is proved against the sentence of excommunication by the one making the complaint, then the complainant shall be condemned in punishment, for the unreasonable trouble caused by his complaint, to make compensation or in some other way according to the discretion of the superior judge, unless by chance his error was based on something that is credible and so excuses him; and he shall moreover be compelled upon a pledge to make satisfaction in the matter for which he was justly excommunicated, or else he shall be subject again to the former sentence which is to be inviolably observed until full satisfaction has been made. If the judge, however, recognizes his error and is prepared to revoke the sentence, but the person on whom it was passed appeals, for fear that the judge might revoke it without making satisfaction, then the appeal shall not be admitted unless the error is such that it may deserve to be questioned. Then the judge, after he has given sufficient security that he will appear in court before the person to whom the appeal had been made or one delegated by him, shall absolve the excommunicated person and thus shall not be subject to the prescribed punishment. Let the judge altogether beware, if he wishes to avoid strict canonical punishment, lest out of a perverse intention to harm someone he pretends to have made an error.

48. Challenging an ecclesiastical judge

Since a special prohibition has been made against anyone presuming to promulgate a sentence of excommunication against someone without adequate warning being given beforehand, we therefore wish to provide against the person warned being able, by means of a fraudulent objection or appeal, to escape examination by the one issuing the warning. We therefore decree that if the person alleges he holds the judge suspect, let him bring before the same judge an action of just suspicion; and he himself in agreement with his adversary (or with the judge, if he happens not to have an adversary) shall together choose arbiters or, if by chance they are unable to reach agreement together, he shall choose one arbiter and the other another, to take cognisance of the action of suspicion. If these cannot agree on a judgment they shall call in a third person so that what two of them decide upon shall have binding force. Let them know that they are bound to carry this out faithfully, in accordance with the command strictly enjoined by us in virtue of obedience and under the attestation of the divine judgment. If the action of suspicion is not proved in law before them within a suitable time, the judge shall exercise his jurisdiction; if the action is proved, then with the consent of the objector the challenged judge shall commit the matter to a suitable person or shall refer it to a superior judge so that he may conduct the matter as it should be conducted. As for the person who has been warned but then hastens to make an appeal, if his offence is made manifest in law by the evidence of the case or by his own confession or in some other way, then provocation of this kind is not to be tolerated, since the remedy of an appeal was not established to defend wickedness but to protect innocence. If there is some doubt about his offence, then the appellant shall, lest he impedes the judge’s action by the subterfuge of a frivolous appeal, set before the same judge the credible reason for his appeal, such namely that if it was proved it would be considered legitimate. Then if he has an adversary, let him proceed with his appeal within the time laid down by the same judge according to the distances, times and nature of the business involved. If he does not prosecute his appeal, the judge himself shall proceed notwithstanding the appeal. If the adversary does not appear when the judge is proceeding in virtue of his office, then once the reason for the appeal has been verified before the superior judge the latter shall exercise his jurisdiction. If the appellant fails to get the reason for his appeal verified, he shall be sent back to the judge from whom it has been established that he appealed maliciously. We do not wish the above two constitutions to be extended to regulars, who have their own special observances. ’

49. Penalties for excommunication out of avarice

We absolutely forbid, under threat of the divine judgment, anyone to dare to bind anyone with the bond of excommunication, or to absolve anyone so bound, out of avarice. We forbid this especially in those regions where by custom an excommunicated person is punished by a money penalty when he is absolved. We decree that when it has been established that a sentence of excommunication was unjust, the excommunicator shall be compelled by ecclesiastical censure to restore the money thus extorted, and shall pay as much again to his victim for the injury unless he was deceived by an understandable error. If perchance he is unable to pay, he shall be punished in some other way.

50. Prohibition of marriage is now perpetually restricted to the fourth degree

It should not be judged reprehensible if human decrees are sometimes changed according to changing circumstances, especially when urgent necessity or evident advantage demands it, since God himself changed in the new Testament some of the things which he had commanded in the old Testament. Since the prohibitions against contracting marriage in the second and third degree of affinity, and against uniting the offspring of a second marriage with the kindred of the first husband, often lead to difficulty and sometimes endanger souls, we therefore, in order that when the prohibition ceases the effect may also cease, revoke with the approval of this sacred council the constitutions published on this subject and we decree, by this present constitution, that henceforth contracting parties connected in these ways may freely be joined together. Moreover the prohibition against marriage shall not in future go beyond the fourth degree of consanguinity and of affinity, since the prohibition cannot now generally be observed to further degrees without grave harm. The number four agrees well with the prohibition concerning bodily union about which the Apostle says, that the husband does not rule over his body, but the wife does; and the wife does not rule over her body, but the husband does; for there are four humours in the body, which is composed of the four elements. Although the prohibition of marriage is now restricted to the fourth degree, we wish the prohibition to be perpetual, notwithstanding earlier decrees on this subject issued either by others or by us. If any persons dare to marry contrary to this prohibition, they shall not be protected by length of years, since the passage of time does not diminish sin but increases it, and the longer that faults hold the unfortunate soul in bondage the graver they are.

51. Clandestine marriages forbidden

Since the prohibition against marriage in the three remotest degrees has been revoked, we wish it to be strictly observed in the other degrees. Following in the footsteps of our predecessors, we altogether forbid clandestine marriages and we forbid any priest to presume to be present at such a marriage. Extending the special custom of certain regions to other regions generally, we decree that when marriages are to be contracted they shall be publicly announced in the churches by priests, with a suitable time being fixed beforehand within which whoever wishes and is able to may adduce a lawful impediment. The priests themselves shall also investigate whether there is any impediment. When there appears a credible reason why the marriage should not be contracted, the contract shall be expressly forbidden until there has been established from clear documents what ought to be done in the matter. If any persons presume to enter into clandestine marriages of this kind, or forbidden marriages within a prohibited degree, even if done in ignorance, the offspring of the union shall be deemed illegitimate and shall have no help from their parents’ ignorance, since the parents in contracting the marriage could be considered as not devoid of knowledge, or even as affecters of ignorance. Likewise the offspring shall be deemed illegitimate if both parents know of a legitimate impediment and yet dare to contract a marriage in the presence of the church, contrary to every prohibition. Moreover the parish priest who refuses to forbid such unions, or even any member of the regular clergy who dares to attend them, shall be suspended from office for three years and shall be punished even more severely if the nature of the fault requires it. Those who presume to be united in this way, even if it is within a permitted degree, are to be given a suitable penance. Anybody who maliciously proposes an impediment, to prevent a legitimate marriage, will not escape the church’s vengeance.

52. On rejecting evidence from hearsay at a matrimonial suit

It was at one time decided out of a certain necessity, but contrary to the normal practice, that hearsay evidence should be valid in reckoning the degrees of consanguinity and affinity, because on account of the shortness of human life witnesses would not be able to testify from first-hand knowledge in a reckoning as far as the seventh degree. However, because we have learned from many examples and definite proofs that many dangers to lawful marriages have arisen from this, we have decided that in future witnesses from hearsay shall not be accepted in this matter, since the prohibition does not now exceed the fourth degree, unless there are persons of weight who are trustworthy and who learnt from their elders, before the case was begun, the things that they testify : not indeed from one such person since one would not suffice even if he or she were alive, but from two at least, and not from persons who are of bad repute and suspect but from those who are trustworthy and above every objection, since it would appear rather absurd to admit in evidence those whose actions would be rejected. Nor should there be admitted in evidence one person who has learnt what he testifies from several, or persons of bad repute who have learnt what they testify from persons of good repute, as though they were more than one and suitable witnesses, since even according to the normal practice of courts the assertion of one witness does not suffice, even if he is a person resplendent with authority, and since legal actions are forbidden to persons of bad repute. The witnesses shall affirm on oath that in bearing witness in the case they are not acting from hatred or fear or love or for advantage; they shall designate the persons by their exact names or by pointing out or by sufficient description, and shall distinguish by a clear reckoning every degree of relationship on either side; and they shall include in their oath the statement that it was from their ancestors that they received what they are testifying and that they believe it to be true. They shall still not suffice unless they declare on oath that they have known that the persons who stand in at least one of the aforesaid degrees of relationship, regard each other as blood-relations. For it is preferable to leave alone some people who have been united contrary to human decrees than to separate, contrary to the Lord’s decrees, persons who have been joined together legitimately.

53. On those who give their fields to others to be cultivated so as to avoid tithes In some regions there are intermingled certain peoples who by custom, in accordance with their own rites, do not pay tithes, even though they are counted as christians. Some landlords assign their lands to them so that these lords may obtain greater revenues, by cheating the churches of the tithes. Wishing therefore to provide for the security of churches in these matters, we decree that when lords make over their lands to such persons in this way for cultivation, the lords must pay the tithes to the churches in full and without objection, and if necessary they shall be compelled to do so by ecclesiastical censure. Such tithes are indeed to be paid of necessity, inasmuch as they are owed in virtue of divine law or of approved local custom.

54. Tithes should be paid before taxes

It is not within human power that the seed should answer to the sower since, according to the saying of the Apostle, Neither he who plants nor he who waters is anything, but rather he who gives the growth, namely God, who himself brings forth much fruit from the dead seed. Now, some people from excess of greed strive to cheat over tithes, deducting from crops and first-fruits the rents and dues, which meanwhile escape the payment of tithes. Since the Lord has reserved tithes unto himself as a sign of his universal lordship, by a certain special title as it were, we decree, wishing to prevent injury to churches and danger to souls, that in virtue of this general lordship the payment of tithes shall precede the exaction of dues and rents, or at least those who receive untithed rents and dues shall be forced by ecclesiastical censure, seeing that a thing carries with it its burden, to tithe them for the churches to which by right they are due.

55. Tithes are to be paid on lands acquired, notwithstanding privileges

Recently abbots of the Cistercian order, assembled in a general chapter, wisely decreed at our instance that the brethren of the order shall not in future buy possessions from which tithes are due to churches, unless by chance it is for founding new monasteries; and that if such possessions were given to them by the pious devotion of the faithful, or were bought for founding new monasteries, they would assign them for cultivation to other people, who would pay the tithes to the churches, lest the churches be further burdened on account of the Cistercians’ privileges. We therefore decree that on lands assigned to others and on future acquisitions, even if they cultivate them with their own hands or at their own expense, they shall pay tithes to the churches which previously received the tithes from the lands, unless they decide to compound in another way with the churches. Since we consider this decree to be acceptable and right, we wish it to be extended to other regulars who enjoy similar privileges, and we order prelates of churches to be readier and more effectual in affording them full justice with regard to those who wrong them and to take pains to maintain their privileges more carefully and completely.

56. A parish priest shall not lose a tithe on account of some people making a pact

Many regulars, as we have learnt, and sometimes secular clerics, when letting houses or granting fiefs, add a pact, to the prejudice of the parish churches, to the effect that the tenants and vassals shall pay tithes to them and shall choose to be buried in their ground. We utterly reject pacts of this kind, since they are rooted in avarice, and we declare that whatever is received through them shall be returned to the parish churches.

57. Interpreting the words of privileges In order that privileges which the Roman church has granted to certain religious may remain unimpaired, we have decided that certain things in them must be clarified lest through their not being well understood they lead to abuse, on account of which they could deservedly be revoked. For, a person deserves to lose a privilege if he abuses the power entrusted to him. The apostolic see has rightly granted an indult to certain regulars to the effect that ecclesiastical burial should not be refused to deceased members of their fraternity if the churches to which they belong happen to be under an interdict as regards divine services, unless the persons were excommunicated or interdicted by name, and that they may carry off for burial to their own churches their confraters whom prelates of churches will not allow to be buried in their own churches, unless the confraters have been excommunicated or interdicted by name. However, we understand this to refer to confraters who have changed their secular dress and have been consecrated to the order while still alive, or who in their lifetime have given their property to them while retaining for themselves as long as they live the usufruct of it. Only such persons may be buried at the non-interdicted churches of these regulars and of others in which they have chosen to be buried. For if it were understood of any persons joining their fraternity for the annual payment of two or three pennies, ecclesiastical discipline would be loosened and brought into contempt. Even the latter may, however, obtain a certain remission granted to them by the apostolic see. It has also been granted to such regulars that if any of their brethren, whom they have sent to establish fraternities or to receive taxes, comes to a city or a castle or a village which is under an interdict as regards divine services, then churches may be opened once in the year at their "joyous entry" so that the divine services may be celebrated there, after excommunicated persons have been excluded. We wish this to be understood as meaning that in a given city, castle or town one church only shall be opened for the brethren of a particular order, as mentioned above, once in the year. For although it was said in the plural that churches may be opened at their "joyous entry", this on a true understanding refers not to each individual church of a given place but rather to the churches of the aforesaid places taken together. Otherwise if they visited all the churches of a given place in this way, the sentence of interdict would be brought into too much contempt. Those who dare to usurp anything for themselves contrary to the above declarations shall be subjected to severe punishment.

58. On the same in favour of bishops

We wish to extend to bishops, in favour of the episcopal office, the indult which has already been given to certain religious. We therefore grant that when a country is under a general interdict, the bishops may sometimes celebrate the divine services, behind closed doors and in a lowered voice, without the ringing of bells, after excommunicated and interdicted persons have been excluded, unless this has been expressly forbidden to them. We grant this, however, to those bishops who have not given any cause for the interdict, lest they use guile or fraud of any sort and so turn a good thing into a damaging loss.

59. Religious cannot give surety without permission of his abbot and convent

We wish and order to be extended to all religious what has already been forbidden by the apostolic see to some of them : namely that no religious, without the permission of his abbot and the majority of his chapter, may stand surety for someone or accept a loan from another beyond a sum fixed by the common opinion. Otherwise the convent shall not be held responsible in any way for his actions, unless perchance the matter has clearly redounded to the benefit of his house. Anyone who presumes to act contrary to this statute shall be severely disciplined.

60. Abbots not to encroach on episcopal office From the complaints which have reached us from bishops in various parts of the world, we have come to know of serious and great excesses of certain abbots who, not content with the boundaries of their own authority, stretch out their hands to things belonging to the episcopal dignity : hearing matrimonial cases, enjoining public penances, even granting letters of indulgences and like presumptions. It sometimes happens from this that episcopal authority is cheapened in the eyes of many. Wishing therefore to provide for both the dignity of bishops and the well-being of abbots in these matters, we strictly forbid by this present decree any abbot to reach out for such things, if he wishes to avoid danger for himself, unless by chance any of them can defend himself by a special concession or some other legitimate reason in respect of such things.

61. Religious may not receive tithes from lay hands

It was forbidden at the Lateran council, as is known, for any regulars to dare to receive churches or tithes from lay hands without the bishop’s consent, or in any way to admit to the divine services those under excommunication or those interdicted by name. We now forbid it even more strongly and will take care to see that offenders are punished with condign penalties. We decree, nevertheless that in churches which do not belong to them by full right the regulars shall, in accordance with the statutes of that council, present to the bishop the priests who are to be instituted, for examination by him about the care of the people; but as for the priests’ ability in temporal matters, the regulars shall furnish the proof unto themselves. Let them not dare to remove those who have been instituted without consulting the bishop. We add, indeed, that they should take care to present those who are either noted for their way of life or recommended by prelates on probable grounds.

62. Regarding saint’s relics The christian religion is frequently disparaged because certain people put saints’ relics up for sale and display them indiscriminately. In order that it may not be disparaged in the future, we ordain by this present decree that henceforth ancient relics shall not be displayed outside a reliquary or be put up for sale. As for newly discovered relics, let no one presume to venerate them publicly unless they have previously been approved by the authority of the Roman pontiff. Prelates, moreover, should not in future allow those who come to their churches, in order to venerate, to be deceived by lying stories or false documents, as has commonly happened in many places on account of the desire for profit. We also forbid the recognition of alms-collectors, some of whom deceive other people by proposing various errors in their preaching, unless they show authentic letters from the apostolic see or from the diocesan bishop. Even then they shall not be permitted to put before the people anything beyond what is contained in the letters.

We have thought it good to show the form of letter which the apostolic see generally grants to alms-collectors, in order that diocesan bishops may follow it in their own letters. It is this : "Since, as the Apostle says, we shall all stand before the judgment seat of Christ to receive according to what we have done in the body, whether it be good or bad, it behooves us to prepare for the day of the final harvest with works of mercy and to sow on earth, with a view to eternity, that which, with God returning it with multiplied fruit, we ought to collect in heaven; keeping a firm hope and confidence, since he who sows sparingly reaps sparingly, and he who sows bountifully shall reap bountifully unto eternal life. Since the resources of a hospital may not suffice for the support of the brethren and the needy who flock to it, we admonish and exhort all of you in the Lord, and enjoin upon you for the remission of your sins, to give pious alms and grateful charitable assistance to them, from the goods that God has bestowed upon you; so that their need may be cared for through your help, and you may reach eternal happiness through these and other good things which you may have done under God’s inspiration. "

Let those who are sent to seek alms be modest and discreet, and let them not stay in taverns or other unsuitable places or incur useless or excessive expenses, being careful above all not to wear the garb of false religion. Moreover, because the keys of the church are brought into contempt and satisfaction through penance loses its force through indiscriminate and excessive indulgences, which certain prelates of churches do not fear to grant, we therefore decree that when a basilica is dedicated, the indulgence shall not be for more than one year, whether it is dedicated by one bishop or by more than one, and for the anniversary of the dedication the remission of penances imposed is not to exceed forty days. We order that the letters of indulgence, which are granted for various reasons at different times, are to fix this number of days, since the Roman pontiff himself, who possesses the plenitude of power, is accustomed to observe this moderation in such things.

63. On simony As we have certainly learnt, shameful and wicked exactions and extortions are levied in many places and by many persons, who are like the sellers of doves in the temple, for the consecration of bishops, the blessing of abbots and the ordination of clerics. There is fixed how much is to be paid for this or that and for yet another thing. Some even strive to defend this disgrace and wickedness on the grounds of long-established custom, thereby heaping up for themselves still further damnation. Wishing therefore to abolish so great an abuse, we altogether reject such a custom which should rather be termed a corruption. We firmly decree that nobody shall dare to demand or extort anything under any pretext for the conferring of such things or for their having been conferred. Otherwise both he who receives and he who gives such an absolutely condemned payment shall be condemned with Gehazi and Simon.

64. Simony with regards to monks and nuns The disease of simony has infected many nuns to such an extent that they admit scarcely any as sisters without a payment, wishing to cover this vice with the pretext of poverty. We utterly forbid this to happen in the future. We decree that whoever commits such wickedness in the future, both the one admitting and the one admitted, whether she be a subject or in authority, shall be expelled from her convent without hope of reinstatement, and be cast into a house of stricter observance to do perpetual penance. As regards those who were admitted in this way before this synodal statute, we have decided to provide that they be moved from the convents which they wrongly entered, and be placed in other houses of the same order. If perchance they are too numerous to be conveniently placed elsewhere, they may be admitted afresh to the same convent, by dispensation, after the prioress and lesser officials have been changed, lest they roam around in the world to the danger of their souls. We order the same to be observed with regard to monks and other religious. Indeed, lest such persons be able to excuse themselves on the grounds of simplicity or ignorance, we order diocesan bishops to have this decree published throughout their dioceses every year.

65. Simony and extortion

We have heard that certain bishops, on the death of rectors of churches, put these churches under an interdict and do not allow anyone to be instituted to them until they have been paid a certain sum of money. Moreover, when a knight or a cleric enters a religious house or chooses to be buried with religious, the bishops raise difficulties and obstacles until they receive something in the way of a present, even when the person has left nothing to the religious house. Since we should abstain not only from evil itself but also from every appearance of evil, as the Apostle says, we altogether forbid exactions of this kind. Any offender shall restore double the amount exacted, and this is to be faithfully used for the benefit of the places harmed by the exactions.

66. Simony and avarice in clerics

It has frequently been reported to the apostolic see that certain clerics demand and extort payments for funeral rites for the dead, the blessing of those marrying, and the like; and if it happens that their greed is not satisfied, they deceitfully set up false impediments. On the other hand some lay people, stirred by a ferment of heretical wickedness, strive to infringe a praiseworthy custom of holy church, introduced by the pious devotion of the faithful, under the pretext of canonical scruples. We therefore both forbid wicked exactions to be made in these matters and order pious customs to be observed, ordaining that the church’s sacraments are to be given freely but also that those who maliciously try to change a praiseworthy custom are to be restrained, when the truth is known, by the bishop of the place.

67. Jews and excessive Usury The more the christian religion is restrained from usurious practices, so much the more does the perfidy of the Jews grow in these matters, so that within a short time they are exhausting the resources of Christians. Wishing therefore to see that Christians are not savagely oppressed by Jews in this matter, we ordain by this synodal decree that if Jews in future, on any pretext, extort oppressive and excessive interest from Christians, then they are to be removed from contact with Christians until they have made adequate satisfaction for the immoderate burden. Christians too, if need be, shall be compelled by ecclesiastical censure, without the possibility of an appeal, to abstain from commerce with them. We enjoin upon princes not to be hostile to Christians on this account, but rather to be zealous in restraining Jews from so great oppression. We decree, under the same penalty, that Jews shall be compelled to make satisfaction to churches for tithes and offerings due to the churches, which the churches were accustomed to receive from Christians for houses and other possessions, before they passed by whatever title to the Jews, so that the churches may thus be preserved from loss.

68. Jews appearing in public A difference of dress distinguishes Jews or Saracens from Christians in some provinces, but in others a certain confusion has developed so that they are indistinguishable. Whence it sometimes happens that by mistake Christians join with Jewish or Saracen women, and Jews or Saracens with christian women. In order that the offence of such a damnable mixing may not spread further, under the excuse of a mistake of this kind, we decree that such persons of either sex, in every christian province and at all times, are to be distinguished in public from other people by the character of their dress -- seeing moreover that this was enjoined upon them by Moses himself, as we read. They shall not appear in public at all on the days of lamentation and on passion Sunday; because some of them on such days, as we have heard, do not blush to parade in very ornate dress and are not afraid to mock Christians who are presenting a memorial of the most sacred passion and are displaying signs of grief. What we most strictly forbid however, is that they dare in any way to break out in derision of the Redeemer. We order secular princes to restrain with condign punishment those who do so presume, lest they dare to blaspheme in any way him who was crucified for us, since we ought not to ignore insults against him who blotted out our wrongdoings.

69. Jews not to hold public offices

It would be too absurd for a blasphemer of Christ to exercise power over Christians. We therefore renew in this canon, on account of the boldness of the offenders, what the council of Toledo providently decreed in this matter : we forbid Jews to be appointed to public offices, since under cover of them they are very hostile to Christians. If, however, anyone does commit such an office to them let him, after an admonition, be curbed by the provincial council, which we order to be held annually, by means of an appropriate sanction. Any official so appointed shall be denied commerce with Christians in business and in other matters until he has converted to the use of poor Christians, in accordance with the directions of the diocesan bishop, whatever he has obtained from Christians by reason of his office so acquired, and he shall surrender with shame the office which he irreverently assumed. We extend the same thing to pagans.

70. Jewish converts may not retain their old rite

Certain people who have come voluntarily to the waters of sacred baptism, as we learnt, do not wholly cast off the old person in order to put on the new more perfectly. For, in keeping remnants of their former rite, they upset the decorum of the christian religion by such a mixing. Since it is written, cursed is he who enters the land by two paths, and a garment that is woven from linen and wool together should not be put on, we therefore decree that such people shall be wholly prevented by the prelates of churches from observing their old rite, so that those who freely offered themselves to the christian religion may be kept to its observance by a salutary and necessary coercion. For it is a lesser evil not to know the Lord’s way than to go back on it after having known it.

71. Crusade to recover the holy Land

It is our ardent desire to liberate the holy Land from infidel hands. We therefore declare, with the approval of this sacred council and on the advice of prudent men who are fully aware of the circumstances of time and place, that crusaders are to make themselves ready so that all who have arranged to go by sea shall assemble in the kingdom of Sicily on 1 June after next : some as necessary and fitting at Brindisi and others at Messina and places neighbouring it on either side, where we too have arranged to be in person at that time, God willing, so that with our advice and help the christian army may be in good order to set out with divine and apostolic blessing. Those who have decided to go by land should also take care to be ready by the same date. They shall notify us meanwhile so that we may grant them a suitable legate a latere for advice and help. Priests and other clerics who will be in the christian army, both those under authority and prelates, shall diligently devote themselves to prayer and exhortation, teaching the crusaders by word and example to have the fear and love of God always before their eyes, so that they say or do nothing that might offend the divine majesty. If they ever fall into sin, let them quickly rise up again through true penitence. Let them be humble in heart and in body, keeping to moderation both in food and in dress, avoiding altogether dissensions and rivalries, and putting aside entirely any bitterness or envy, so that thus armed with spiritual and material weapons they may the more fearlessly fight against the enemies of the faith, relying not on their own power but rather trusting in the strength of God. We grant to these clerics that they may receive the fruits of their benefices in full for three years, as if they were resident in the churches, and if necessary they may leave them in pledge for the same time. To prevent this holy proposal being impeded or delayed, we strictly order all prelates of churches, each in his own locality, diligently to warn and induce those who have abandoned the cross to resume it, and them and others who have taken up the cross, and those who may still do so, to carry out their vows to the Lord. And if necessary they shall compel them to do this without any backsliding, by sentences of excommunication against their persons and of interdict on their lands, excepting only those persons who find themselves faced with an impediment of such a kind that their vow deservedly ought to be commuted or deferred in accordance with the directives of the apostolic see. In order that nothing connected with this business of Jesus Christ be omitted, we will and order patriarchs, archbishops, bishops, abbots and others who have the care of souls to preach the cross zealously to those entrusted to them. Let them beseech kings, dukes, princes, margraves, counts, barons and other magnates, as well as the communities of cities, vills and towns -- in the name of the Father, Son and holy Spirit, the one, only, true and eternal God -- that those who do not go in person to the aid of the holy Land should contribute, according to their means, an appropriate number of fighting men together with their necessary expenses for three years, for the remission of their sins in accordance with what has already been explained in general letters and will be explained below for still greater assurance. We wish to share in this remission not only those who contribute ships of their own but also those who are zealous enough to build them for this purpose. To those who refuse, if there happen to be any who are so ungrateful to our lord God, we firmly declare in the name of the apostle that they should know that they will have to answer to us for this on the last day of final judgment before the fearful judge. Let them consider beforehand, however with what conscience and with what security it was that they were able to confess before the only-begotten Son of God, Jesus Christ, to whom the Father gave all things into his hands, if in this business, which is as it were peculiarly his, they refuse to serve him who was crucified for sinners, by whose beneficence they are sustained and indeed by whose blood they have been redeemed.

Lest we appear to be laying on men’s shoulders heavy and unbearable burdens which we are not willing to lighten, like those who say yes but do nothing behold we, from what we have been able to save over and above necessities and moderate expenses, grant and give thirty thousand pounds to this work, besides the shipping which we are giving to the crusaders of Rome and neighbouring districts. We will assign for this purpose, moreover, three thousand marks of silver, which we have left over from the alms of certain of the faithful, the rest having been faithfully distributed for the needs and benefit of the aforesaid Land by the hands of the abbot patriarch of Jerusalem, of happy memory, and of the masters of the Temple and of the Hospital. We wish, however, that other prelates of churches and all clerics may participate and share both in the merit and in the reward. We therefore decree, with the general approval of the council, that all clerics, both those under authority and prelates, shall give a twentieth of their ecclesiastical revenues for three years to the aid of the holy Land, by means of the persons appointed by the apostolic see for this purpose; the only exceptions being certain religious who are rightly to be exempted from this taxation and likewise those persons who have taken or will take the cross and so will go in person. We and our brothers, cardinals of the holy Roman church, shall pay a full tenth. Let all know, moreover, that they are obliged to observe this faithfully under pain of excommunication, so that those who knowingly deceive in this matter shall incur the sentence of excommunication. Because it is right that those who persevere in the service of the heavenly ruler should in all justice enjoy special privilege, and because the day of departure is somewhat more than a year ahead, crusaders shall therefore be. exempt from taxes or levies and other burdens. We take their persons and goods under the protection of St Peter and ourself once they have taken up the cross. We ordain that they are to be protected by archbishops, bishops and all prelates of the church, and that protectors of their own are to be specially appointed for this purpose, so that their goods are to remain intact and undisturbed until they are known for certain to be dead or to have returned. If anyone dares to act contrary to this, let him be curbed by ecclesiastical censure.

If any of those setting out are bound by oath to pay interest, we ordain that their creditors shall be compelled by the same punishment to release them from their oath and to desist from exacting the interest; if any of the creditors does force them to pay the interest, we command that he be forced by similar punishment to restore it. We order that Jews be compelled by the secular power to remit interest, and that until they do so all intercourse shall be denied them by all Christ’s faithful under pain of excommunication. Secular princes shall provide a suitable deferral for those who cannot now pay their debts to Jews, so that after they have undertaken the journey and until there is certain knowledge of their death or of their return, they shall not incur the inconvenience of paying interest. The Jews shall be compelled to add to the capital, after they have deducted their necessary expenses, the revenues which they are meanwhile receiving from property held by them on security. For, such a benefit seems to entail not much loss, inasmuch as it postpones the repayment but does not cancel the debt. Prelates of churches who are negligent in showing justice to crusaders and their families should know that they will be severely punished.

Furthermore, since corsairs and pirates greatly impede help for the holy Land, by capturing and plundering those who are travelling to and from it, we bind with the bond of excommunication everyone who helps or supports them. We forbid anyone, under threat of anathema, knowingly to communicate with them by contracting to buy or to sell; and we order rulers of cities and their territories to restrain and curb such persons from this iniquity. Otherwise, since to be unwilling to disquiet evildoers is none other than to encourage them, and since he who fails to oppose a manifest crime is not without a touch of secret complicity, it is our wish and command that prelates of churches exercise ecclesiastical severity against their persons and lands. We excommunicate and anathematize, moreover, those false and impious Christians who, in opposition to Christ and the christian people, convey arms to the Saracens and iron and timber for their galleys. We decree that those who sell them galleys or ships, and those who act as pilots in pirate Saracen ships, or give them any advice or help by way of machines or anything else, to the detriment of the holy Land, are to be punished with deprivation of their possessions and are to become the slaves of those who capture them. We order this sentence to be renewed on Sundays and feast-days in all maritime towns; and the bosom of the church is not to be opened to such persons unless they send in aid of the holy Land the whole of the damnable wealth which they received and the same amount of their own, so that they are punished in proportion to their offence. If perchance they do not pay, they are to be punished in other ways in order that through their punishment others may be deterred from venturing upon similar rash actions. In addition, we prohibit and on pain of anathema forbid all Christians, for four years, to send or take their ships across to the lands of the Saracens who dwell in the east, so that by this a greater supply of shipping may be made ready for those wanting to cross over to help the holy Land, and so that the aforesaid Saracens may be deprived of the not inconsiderable help which they have been accustomed to receiving from this.

Although tournaments have been forbidden in a general way on pain of a fixed penalty at various councils, we strictly forbid them to be held for three years, under pain of excommunication, because the business of the crusade is much hindered by them at this present time. Because it is of the utmost necessity for the carrying out of this business that rulers of the christian people keep peace with each other, we therefore ordain, on the advice of this holy general synod, that peace be generally kept in the whole christian world for at least four years, so that those in conflict shall be brought by the prelates of churches to conclude a definitive peace or to observe inviolably a firm truce. Those who refuse to comply shall be most strictly compelled to do so by an excommunication against their persons and an interdict on their lands, unless their wrongdoing is so great that they ought not to enjoy peace. If it happens that they make light of the church’s censure, they may deservedly fear that the secular power will be invoked by ecclesiastical authority against them as disturbers of the business of him who was crucified.

We therefore, trusting in the mercy of almighty God and in the authority of the blessed apostles Peter and Paul, do grant, by the power of binding and loosing that God has conferred upon us, albeit unworthy, unto all those who undertake this work in person and at their own expense, full pardon for their sins about which they are heartily contrite and have spoken in confession, and we promise them an increase of eternal life at the recompensing of the just; also to those who do not go there in person but send suitable men at their own expense, according to their means and status, and likewise to those who go in person but at others’ expense, we grant full pardon for their sins. We wish and grant to share in this remission, according to the quality of their help and the intensity of their devotion, all who shall contribute suitably from their goods to the aid of the said Land or who give useful advice and help. Finally, this general synod imparts the benefit of its blessings to all who piously set out on this common enterprise in order that it may contribute worthily to their salvation.

ENDNOTES 1. three persons ... nature omitted in Cr.

2. as if ... perfect omitted in Cr.

3. and he ... things omitted in A.M.

4. We forbid ... fowling omitted in Cr M.

5. confessions ... interlocutions omitted in Cr.

# Cr = P.Crabbe, Concilia omnia, tam generalia, quam particularia ..., 2 vols. Cologne 1538; 3 vols. ibid 1551

# M = the Mazarin codex used by P. Labbe and G. Cossart, Sacrosancta concilia ad regiam editionem exacta quae nunc quarta parte prodit auctior studio Philippi Labbei et Gabrielis Cossartii ..., 17 vols. Paris 1671-72 # A = the d’Achery codex used by Labbe and Cossart