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From The Annals of Roger de Hoveden, Comprising the History of England and of Other Countries of Europe from A.D. 732 to A.D. 1201, Translated from the Latin with Notes and Illustrations by Henry T. Riley, Esq., Volume I, London: H.G. Bohn, 1853; pp. 489-514.
In the same year, the king of England, the father, crossed over from Normandy to England, and at Woodstock knighted his son Geoffrey, earl of Brittany; who, immediately upon receiving the rank of a knight, passed over from England
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to Normandy, and on the confines of France and Normandy, giving his attention to military exercises, took pleasure in making himself a match for knights of reputation in arms; and the more ardently did he seek for fame to attend his prowess, from knowing that his brothers, king Henry, and Richard, earl of Poitou, had gained great renown in arms. However, they had but one common feeling, and that was, to excel others in feats of arms; being well aware that the science of war, if not practised beforehand, cannot be gained when it becomes necessary. Nor indeed can the athlete bring high spirit to the combat, who has never been trained to practise it. It is the man who has seen his own blood, whose teeth have rattled beneath another’s fist, who when tripped up has strove against his adversary with his entire body, and though thrown has not lost his mettle, and who, as oft as he fell, has risen more determined, more bold, who goes forth with ardent hopes to the combat. For valour when aroused adds greatly to itself; transitory is the glory of the mind that is subjected to terror. Without any fault of his, he is overcome by the immensity of the weight, who comes to bear the burden and is unequal thereto, zealous though he may be. Well is the reward paid for toil, when is found the temple of victory.
In the same year, William, archbishop of Rheims, came into England on a pilgrimage to the blessed Thomas the Martyr, at Canterbury, and was met, with congratulations, by the king of England, the father, who honored him with becoming presents. In the same year, pope Alexander sent his legates into all parts of the world that were subject to him, for the purpose of inviting the prelates of the Church to come to Rome at the beginning of Lent in the following year, to hold a solemn and general council there. For when the violence of maladies, with rapid steps, is hastening to the very vitals, no salutary counsel is able to extend a hand to check it, except through the conference of numbers. Accordingly, there came into England two legates, namely, Albert de Suma, who was commissioned to summon the bishops and abbats of England and Normandy, and Peter de Santa Agatha, whose commission it was to summon the bishops and abbats of Scotland and Ireland and the adjoining islands. Accordingly, the said Peter de Santa Agatha, for obtaining licence to pass through the territories of the king of England, made oath, touching the Holy Evangelists,
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that in his legateship he would attempt nothing to the detriment of the king or his kingdom, and that he would return through his dominions, which he did accordingly.
In the same year pope Alexander wrote to John king of the Indies to the following effect: —
The Letter of pope Alexander, sent to John, king of the Indies.
“Alexander the bishop, servant of the servants of God, to his most dearly beloved son In Christ, the illustrious and mighty king of the Indies, the most holy of priests,1 health, and the Apostolic benediction. The Apostolic See, over which, unworthy as we are, we preside, is the head and mistress of all who believe in Christ; the same being attested by our Lord, who said unto Saint Peter, whose successor, unworthy though we may be, we are, ‘Thou art Peter, and upon this rock I will build my church.’2 This rock, then, Christ has willed to be the foundation of His church, which He declares shall be shaken by no storms and tempests of the winds. Therefore, not without reason did Saint Peter, upon whom He founded this church, especially and in chief deserve to receive supremacy among the Apostles. To him it was said by the Lord, ‘I will give unto thee the keys of the kingdom of heaven, and the gates of hell shall not prevail against it; and whatsoever thou shalt bind on earth shall be bound in heaven; and whatsoever thou shalt loose on earth shall be loosed in heaven.’3 We had heard long ago, from the accounts of many, and from common report, what unvarying diligence you have shown in pious works since you have embraced the Christian religion, and how you devote your attention to what is pleasing and acceptable to God. But our beloved son, master Philip, our physician, and a member of our household, who says that he has conversed in those parts with the great and honorable men of your kingdom, concerning your intentions and plans, like a cautious and discreet man, circumspect and prudent, has constantly and anxiously signified unto us, that he has heard for certain from them, that it is your wish and purpose to be instructed in the Catholic and Apostolic doctrines, and that it is your fervent desire that
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you and the dominions entrusted unto your highness should never appear to hold anything in your belief which may in any degree differ from, or be at variance with the doctrines of the Apostolic See. Upon which, we do indeed greatly congratulate you as a most dearly beloved son, and do give exceeding thanks to Him from whom every gift proceeds, adding wish upon wish and prayer upon prayer, that He who hath caused you to receive the name of Christian may of His ineffable goodness inspire your mind with a wish to obtain all knowledge, which ought to be imparted to the profession of Christianity, as to all the articles of the faith. For in truth he cannot hope to obtain salvation from the profession of Christianity, who does not in deed and in word act in accordance with that profession; as it is not sufficient for a person to be called by the name of Catholic, who of himself things otherwise than the Catholic and Apostolic doctrines teach; in accordance with what the Lord says in the Gospel: ‘Not every one that saith unto me, Lord, Lord, shall enter into the kingdom of heaven; but he that doeth the will of my Father which is in heaven.’4 This also is added to our commendations of your merit, that, as the aforesaid prudent master Philip asserts he has heard from your people, you long with the most ardent desire to have a church in your city, and an altar at Jerusalem where virtuous men of your kingdom may abide, and be more fully instructed in Apostolic doctrines, through whom you and the people of your kingdom may hereafter receive and hold the said doctrines. We, therefore, who, though of insufficient merits, are placed in the chair of Saint Peter, in obedience to what the Apostle says, acknowledging ourselves as ‘debtors to the wise and the unwise, the rich and the poor,’5 do feel every possible anxiety for the salvation of yourself and of your people, and do wish to reclaim you from those matters in which you deviate from the Christian and Catholic faith, as indeed by the duties of the office which we have undertaken, we are most zealously bound to do; for the Lord Himself said to Saint Peter, whom he appointed to be the chief of all the Apostles, ‘When thou art converted, strengthen thy brethren.’6 Therefore, although it seems to be a most difficult
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and laborious matter to send any one from our side to your presence, amid so many hardships and such varied dangers of the places on the road, and into countries far distant and unknown, yet, considering the duties of our office, and bearing in mind your purposes and intentions, we do send the aforesaid Philip our physician, and one of our household, a discreet, circumspect and cautious man unto your mightiness; and we do trust in the mercy of Jesus Christ, that, if it is your wish to persevere in that purpose and intention, which we understand you, by the inspiration of the Lord, to have formed, being forthwith, by the mercy of God, instructed in the articles of the Christian faith in which you and your people seem to differ from us, you may henceforth have no cause to fear that anything will arise from your error to impede the salvation of you or your people, or in you cast a stigma upon the name of Christianity. We do, therefore, request your excellency, and do advise and exhort you in the Lord, that, for the respect you pay to Saint Peter and to ourselves, you will receive the said Philip, as an honest, discreet and cautious man, and as one sent from our side, with all due kindness, and will treat him courteously and respectfully. And if it is your will and purpose, as indeed it fully ought to be, to be instructed in the Apostolic doctrine on those points which the said Philip will, on our behalf, explain to you, you will carefully listen to him, and hear him to the end, and will send back to us, together with him, respectable persons, and letters sealed with your seal, whereby we may be enabled fully to learn your purpose and intentions; for the more exalted and mighty you appear, and the less you seem to be puffed up with your riches and power, so much the more willingly, both as to granting you a church in your own city, as well as erecting altars in the church of Saint Peter and Saint Paul, and at Jerusalem in the church of the Sepulchre of our Lord, and other matters which in justice you shall request, will we take care to pay attention to your requests, and more effectually to listen to the same; inasmuch as it is our wish, in every way that, with the help of God, we possibly can, to promote your desires hereon, which have been so worthy of exceeding commendation, and is our ardent desire to save the souls of you and yours unto the Lord. Given at Venice, at the Rialto, on the fifth day before the calends of October.”
In the same year, Richard, earl of Poitou, came with a considerable force to the city of Anse, and found there the count
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of Bigorre, a prisoner in the city gaol; whom the citizens delivered into his hands: on which the count of Bigorre gave to the earl of Poitou, for his ransom, Claremont, and the castle of Montbrun. After this, he took Gengay, Martillan, Grunville, Agenville, Tailleburg, and Pons, and levelled all these castles with the ground. Roger, count of Angoulême, also surrendered to him the city of Angoulême, and the castle of Montignac, on which he destroyed their fortifications.
In the year of grace 1179, being the twenty-fifth year of the reign of king Henry, son of the empress Matilda, the said Henry was in England, at Winchester, on the day of the Nativity of our Lord. During the period of this festival, at Oxenhale, in the lordship of Darlington, in England, the earth raised itself up on high, in appearance like a lofty tower, and so remained, without moving, from the ninth hour of the day until the evening, and then fell down with such a dreadful crash, that it alarmed all the neighborhood, and the earth swallowed it up, and made there a very deep pit, which remains there as a testimony of the circumstance even to the present day.
After the Nativity of our Lord, there came to England, from Ireland, Laurence, archbishop of Dublin, Catholicus, archbishop of Tuam, and five or six bishops, who were about to proceed to the council at Rome. In the same manner, there passed through England from the kingdom of Scotland a considerable number of bishops and abbats. All these, both those from Ireland as well as Scotland and the other islands, on passing through England, in order to obtain leave to pass, made oath that they would not seek any detriment to the king or to his kingdom. From England, however, there went but four bishops to Rome, namely, Hugh, bishop of Durham, John, bishop of Norwich, Robert, bishop of Hereford, and Reginald, bishop of Bath, with a considerable number of abbats; for the bishops of England stoutly asserted that only four bishops of England ought to be sent to Rome to a general council of our lord the pope.
All being accordingly assembled, at Rome, in the presence of our lord the pope Alexander, the pope taking his seat in the church of the Lateran, on an elevated place, together with his cardinals, chief men, and senators, and the magistrates of the city, commenced holding his council, which began on the second
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day of the third week in Lent, being the third day before the nones of March. In the same manner he held the council a second day, on the fourth day of the following week, being the second day before the ides of March. At this council, William, archbishop of Rheims, was made a cardinal priest and titular of Santa Sabina, and Henry, abbat of Clairval, was made cardinal bishop of Albano. Our lord the pope held the council the third day on the second day of the week before Palm Sunday, being the fourteenth day before the calends of April. At this council, he enacted that the decrees underwritten should be universally observed.
THE DECREES OF POPE ALEXANDER.
Of the Election of the Roman Pontiff.
“Although it is manifest that statutes sufficient have been promulgated by our predecessors for the purpose of avoiding discord in the election of the Roman Pontiff, still however, inasmuch as since then, by reason of the audacity of an unbecoming ambition, the Church has oftentimes endured grievous divisions, we also, for the purpose of avoiding the said evil, have, with the consent of our brethren and the approbation of this holy council, thought proper to add somewhat thereto. We do therefore enact, that, if by chance, through some enemy sowing tares among the cardinals, there shall not be an entire agreement as to the election of a new Pontiff, and two-thirds shall agree thereon while the remaining one-third shall refuse to agree thereto, or shall presume to nominate or ordain any other, in such case he is to be held by the universal Church, without any exception, to be the Roman Pontiff who shall have been elected and acknowledged by the two-thirds. And if any person, trusting in the votes or nomination of the remaining one-third, shall usurp that name, inasmuch as he cannot in reason so do, both he himself and those who shall acknowledge him shall be subject to the penalties of excommunication, and be visited with the deprivation of all sacred orders; and even the communion of the holy viaticum shall be denied unto them, except when in their last moments; and, unless they come to their senses, they are to receive their portion with Dathan and Abiram, whom the earth swallowed up alive. And further, if any one shall be elected
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to the Apostolic office by fewer than two-thirds, then, unless there shall be a more full agreement, he is in nowise to be recognized as such, and he is to be subject to the penalty aforesaid, unless with all humility he shall be ready to withdraw such claim. Still, however, let no prejudice be caused hereby to the canonical constitutions, upon which subjects the opinions of the larger and wiser part ought to have the preponderance, inasmuch as whatever comes to be a matter of doubt to them, can always be decided by the judgment of one superior. But, in the Roman Church, something of a spiritual nature is here being determined upon, where recourse cannot be had to a superior.”7
How prelates are to pass sentence upon those subject to their authority.
“A very reprehensible custom has sprung up in some places, where both our brethren and fellow-bishops, as well as some archdeacons even, thinking that some will, in their causes tried before them, resort to appeal, having first issued no admonition whatever, proceed to pronounce against them sentence of suspension and excommunication. On the other hand, also, others, dreading the sentence and canonical discipline of their ecclesiastical superior, do without any difficulty interpose their right of appeal, and usurp the same as a defence for their iniquity, whereas it is known to have been instituted as a safeguard for the innocent. Therefore, to the end that neither the sentence of the prelate may be used to oppress those subject to him, nor those subject may be enabled, at their sole option, under the pretext of appeal, to escape correction by their prelates, by this present decree we do enact, that neither shall prelates pass sentence of suspension or excommunication upon those subject to them, without first issuing canonical admonition, (unless it shall so happen that the fault is such as of its own nature to involve the penalty of suspension or excommunication), nor shall those who are subject, in contravention of ecclesiastical discipline, before the commencement of the trial, seek to take refuge in the words of appeal. But, if any person shall think himself absolutely necessitated to appeal, then a competent time is to be named for him, within which to prosecute his appeal. And if he shall neglect to prosecute his
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appeal within such limited time, then the bishop is to be at liberty to use his own authority. And if, in any matter, any person shall make an appeal, and on his making his appearance who was appealed against, he who has appealed shall neglect to appear, then, in case he shall have any property, he is to make a competent return for the costs of the other, that so, at least, being deterred, a person may not be too ready to appeal to the detriment of another. But in especial, in places of religious orders, we wish this to be observed, that neither monks, nor any religious whatsoever, when they are to receive correction for any excesses, are to presume to appeal against the regular discipline of their prelate and chapter, but humbly and dutifully to receive what they know is enjoined them for the more effectually securing their salvation.
How prelates are to be entertained by their subjects.
“Whereas the Apostle8 ordered that he and his followers should be sustained by the labours of their own hands, in order that he might leave no room for preaching to false apostles, and might not be burdensome to those to whom he preached, it is known to be a great grievance and one deserving of correction, that some of our brethren and fellow-bishops prove so expensive in their entertainment to those subject to them, that for reasons of this nature the subjects are compelled to expose for sale the very ornaments of their churches, and a short hour consumes the food earned in a long time; we do, therefore, enact, that archbishops visiting their provinces shall, according to the different character of the provinces and the means of the churches, under no circumstance exceed a retinue of forty or fifty horses. bishops twenty or thirty, cardinals twenty or five-and-twenty, while archdeacons are to be content with five or seven, and deans with two horses. And further, they are not to go about with hounds and hawks, or to require sumptuous entertainments, but to receive with thankfulness that which shall properly and consistently with the entertainer’s means, be provided for them. We do also forbid that bishops shall presume to oppress their subjects with tallages or exactions, and so conduct themselves as to appear to seek not what is their own, but what belongs of Jesus Christ. For, as the Apostle says, ‘The children ought not to lay up for
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the parents, but the parents for the children.’9 it seems to be greatly at variance with the affection of a father, if those who are the governors make them burdensome to their subjects, whom in all their necessities they ought to cherish, like good shepherds. Also, archdeacons and deans are not to presume to demand any exactions or tallages10 from priests or clerks. And further, what we have said above relative to the number of horses that are to be allowed, is to be observed in those places the revenues and ecclesiastical dues of which are ample. But in poor places, it is our wish that such limits should be observed, that the lesser ones shall not have to complain that a hardship is inflicted on them by the arrival of the greater, so that those who were in the habit of using a smaller number of horses may not suppose that they are indulged with leave to use more. Indeed, considering the many necessitous cases that occasionally arise, we could endure that, if a manifest and reasonable cause should be found to exist, they should be enabled to demand some slight assistance together with our brotherly love.
That new imposts are not to be made in churches.
“Inasmuch as in the body of the Church, all ought to be treated with loving-kindness, and that which has been received gratuitously ought gratuitously to be bestowed, it is a most shocking thing that in some churches venality is said to prevail to such a degree, that, for installing bishops or abbats, or any other ecclesiastical persons, or introducing priests into the church, as also for the burial and obsequies of the dead, and the benedictions of the newly-married, or other ecclesiastical sacraments, money is demanded: and that he who stands in need of these things, cannot obtain the same unless he takes care to fill the hand of the bestower thereof. Many imagine that it is lawful for them to act thus, on this ground, because they think that the custom as to the dead has been established by lengthened usage, not sufficiently considering, inasmuch as they are blinded by avarice, that the longer offences have kept the mind fettered, so much the more grievous they are. In order, therefore, that this may not be done in future, we strictly forbid that money shall be demanded for installing ecclesiastical persons, instituting priests, burying
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the dead, blessing the newly-married, or any other of the sacraments. And if any person shall presume in contravention hereof to sell the same, then let him know that he will have his portion with Gehazi, whose deeds he has imitated in the exacting of a disgraceful gift. We do, moreover, forbid any new imposts to be exacted from churches, either by bishops or abbats, or any other prelate, or the old ones to be increased, or that such persons shall presume to appropriate any part of the revenues to their own use; but the same liberty which the greater ones desire to be preserved for themselves, let them also, with good will, preserve for the lesser ones. And if any person shall do otherwise than this, what he so does is to be deemed null and void.
Christians are forbidden to enter the service of the Saracens.
“To such a degree has shocking cupidity taken possession of the minds of some, that, whereas they glory in the name of Christians, they carry arms to the Saracens, and by supplying them with arms and necessaries for the purpose of warring against the Christians, show themselves their equals or even their superiors in wickedness. There are some also, who, by reason of their cupidity, exercise the art and craft of pilots, in the galleys and piratical vessels of the Saracens. Such persons therefore we do order to be cut off from the communion of the Church, and for their iniquity to be subjected to excommunication, and to be mulcted with confiscation of their property by the Catholic princes and rulers of states, and if they are taken, to become the slaves of those so taking them. We do also order that throughout the churches of the cities on the coast, a repeated and solemn sentence of excommunication shall be pronounced against them. Those also are to be subject to the penalty of excommunication, who presume either to take captive or to despoil of their property Romans, or indeed any other Christians, when voyaging for purposes of merchandize or any other becoming reasons. These also, who, with damnable avarice, dare to despoil Christians who have suffered shipwreck of their property, when according to the rules of religion they are bound to aid them, are to know that they are subjected to excommunication, unless they restore what they have so taken away.
That tournaments shall not be held.
“Continuing in the footsteps of popes Innocent and Eugenius, of blessed memory, our predecessors, we do forbid those detestable revels and shows, which are commonly called tournaments, at which, by proclamation, knights are wont to meet together, and rashly engage with each other, to show off their prowess and valour, and from which, deaths of men and perils to souls do so often ensue. And, if any one of such persons shall meet with his death on such an occasion, although absolution is not denied him, still he is to be deprived of Christian burial.
On keeping the truces.
“We do order truces to be inviolably observed by all persons from the fourth day of the week after sunset, until the seventh day of the week after sunrise, both from the Advent of our Lord until the octave of Epiphany, and from Septuagesima until the octave of Easter. And if any person shall attempt to break such truce, if after the third warning he shall not make reparation, then his bishop is to pronounce sentence of excommunication, and announce the same in writing to the neighbouring bishops. And no bishop is to receive him who is thus excommunicated to communion; but, on the contrary, each is to confirm the sentence, the copy of which he has received. And if any one shall presume to violate this command then let him be subject to the peril of losing his orders. And, inasmuch as a threefold rope is broken with difficulty, we do order that bishops, having respect only to God and the salvation of the people, and all cupidity apart, shall use their advice and assistance for the purpose of the strict maintenance of peace, and not neglect the same through love or hatred for any person whatsoever. And if any one shall be found to be lukewarm in this work of God, he is to submit to the loss of his own dignity.
On annulling ordinations made by Anti-popes.
“Re-enacting that which was done by our predecessor, pope Innocent, of blessed memory, we do pronounce the ordinations made by Octavianus and Guido, the heresiarchs, as also by John of Struma, their follower, to be null and void, as also ordinations made by the persons so ordained by them; and we do further add, that those who have received ecclesiastical dignities or benefices, by means of the aforesaid schismatics,
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shall resign what they have so acquired. All alienations also or seizures of things ecclesiastical, which have been made by the said schismatics, or by laymen, are to be wanting in validity, and to return to the church without any incumbrance whatever thereon. And if any one shall presume to contravene this command, he is to know that he is subjected to excommunication. As for those who, of their own accord, have taken oath to maintain the schism, we do decree that they shall remain suspended from their holy orders and dignities.
What sort of persons they ought to be, who are to be elected to govern the Church.
“As in all holy orders and ecclesiastical offices, both maturity of age, gravity of manners, and skill in literature, are to be sought for, so ought the same much more rigidly to be exacted in the case of a bishop, who, being placed in charge of others, ought in himself to show how others are to preserve the same qualities in the house of the Lord; to the end that what has been done by some persons, through the necessities of the times, may not be adopted as an example by posterity. We do, therefore, by the present decree enact that no one shall be elected to be a bishop, who has not passed the thirtieth year of his age, and is not born in lawful wedlock, and who cannot be shown to be of praiseworthy life and learning. And when he, who has been so elected, shall have received the confirmation of his election, and the administration of ecclesiastical effects, the time having expired that is pointed out by the canons for the consecration of bishops, he is to have free option to dispose of the benefices which belong to him, for the purpose of distribution. Also, the lower offices, such, for instance, as deaneries or archdeaconries, and others which have the care of souls annexed, no person whatever is to receive, nor yet the government of parochial churches, unless he shall have attained the twenty-fifth year of his age, and is of praiseworthy knowledge and manners.11 And [in case of misbehaviour] they are
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to be removed from those offices, and the same are to be bestowed on another, who is both willing and able becomingly to fill the same, and they are not to profit by the pretext of appealing, if they should chance to desire to defend themselves in the transgression of these ordinances, by means of appeal. This, indeed, we order to be observed, not only as to those in future to be promoted, but those also who have been already promoted, if the canons do not impede such a course. If the clergy shall elect any one in contravention of the form above stated they are to understand that they are deprived of the power of electing on that occasion, and from their ecclesiastical benefices suspended for a period of three years. For it is a becoming thing, that those whom the fear of God does not withhold from evil, the severity of ecclesiastical discipline should at least restrain. And as for the bishop, if he shall act contrary to these mandates, or shall consent to such being done, he is to lose his power in the disposal of the offices above-named, and ordination is to be made by the chapter, or by the metropolitan, if the chapter shall not agree thereon.12
Of Heretics.
“As Saint Leo says, ‘Although the discipline of the Church, being contented with the judgment of the priesthood, avoids a blood-thirsty vengeance,’ still it is aided by the enactments of Catholic princes, that so men may often find a salutary remedy, while they dread that corporal punishment may befall them. Wherefore, inasmuch as, in Gascony, the Albigeois, and other places inhabited by the heretics whom some style ‘Catarri,’ others ‘Publicani,’ and others ‘Paterini,’ and others call by other names, their damnable perverseness has waxed so strong that they practise their wickedness no longer in secret as elsewhere, but publicly expose their errors, and draw the simple and weak to be their accomplices, we do decree them and their protectors and harborers to be excommunicated, and under pain of excommunication we do forbid any one to dare to receive or to encourage them in his house or on his lands, or to have any transactions with them. And if they shall depart this life in their sin, and not under the protection
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of any privileges granted by our indulgence, then on no pretence whatever is any contribution to be made for their interment, nor are they to receive burial among Christians. And as regards the Brabanters, Arragonese, Navarrese, Biscayans, and Coterells,13 who exercise such enormous cruelties against Christians, as not to pay any respect to either churches or monasteries, or to spare widows or orphans, young or old, or any age or sex, but who, after the manner of pagans, lay waste and ravage in every direction, we do similarly enact. We do also enact that those who shall hire, retain, or encourage them, shall, throughout the communities where such excesses are committed, on the Lord’s day and other solemn days be publicly proclaimed as excommunicated in all the churches there, and shall be held to be condemned with the same sentence and punishment in all respects as the aforesaid heretics, and shall not be received into communion with the Church, unless they first abjure the said abominable societies and heresies respectively. Those also are to understand who are connected with them by any tie, that they are relieved from all duties of fealty, or homage, or any obedience to them whatsoever, so long as they shall persist in such great iniquity; and we do further command them and all the faithful, for the remission of their sins, manfully to oppose such dreadful ravages, and in arms to defend the Christian people against them. Their property also is to be confiscated, and the superior lords are to be at liberty to subject men of this description to slavery. As for those, however, who shall so separate from them in true repentance, let them not doubt that they will obtain the indulgence granted to sinners, and the blessings of an eternal reward. And further, trusting in the mercy of God, and confiding in the authority of Saint Peter and Saint Paul the Apostles, we do remit two years of enjoined penance to those faithful Christians who shall take up arms, and, at the advice of their own or other prelates, fight against them; and if they shall be detained a considerable time in so doing, then we do leave it to the discretion of the bishops to whose care
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these matters shall be entrusted, that so, at their option, in proportion to the amount of labor expended, a still greater indulgence may be granted them. But as for those who shall neglect to pay obedience to the admonition of the bishops hereon, we do order them to be debarred from receiving the body and blood of our Lord: while those in the meantime, who, in their zeal for the faith, shall undertake the laborious task of uprooting them, like those who repair to the sepulchre of our Lord, we do take under the protection of the Church, and do decree that they shall remain secure from all molestation, both in property and person. And if any person shall in the meantime presume to molest them, then sentence of excommunication is to be hurled against him by the bishop of the place, and let such sentence by observed by all, until such time as both what has been taken away is restored, and full satisfaction is made for losses caused by them. And further, bishops or priests who shall chance not to show a proper resistance to such persons, are to be visited with suspension from their offices until such time as they shall have obtained mercy from the Apostolic See.
That leprous persons are to have a private church and burial-ground of their own.
“Whereas it is said by the Apostle Saint Paul that more abundant honor is bestowed upon those members of the body which are less honorable:14 so on the other hand, there are some who seek their own and not what is of Jesus Christ, and who will not allow leprous persons who cannot dwell with those in health, or to meet in churches with others, either to have churches and burial-grounds of their own, or to have the services of their own minister. Inasmuch as this is clearly at variance with Christian piety, we do, in our Apostolic bounty, enact that wherever enough shall have been assembled in one community to be enabled to found a church for themselves with a burial-ground, and to enjoy the services of their own priest, they shall, without any opposition, be allowed to have the same. They are, however, to take due care that as to parochial rights they are not in any way detrimental to the interests of the old churches; for we are unwilling that that which is conceded through feelings of piety, should redound to the injury of others. We do also enact that they shall not be compelled to pay tithes of vegetable produce and the young of animals.
That Christians shall not dwell with Jews or Saracens.
“Neither Jews nor Saracens are to be allowed to have Christian slaves in their houses, either under pretext of rearing children, or for any services or cause whatsoever. And further, those shall be excommunicated who shall presume to dwell with them. We do also enact that the testimony of Christians shall be received against the Jews in all causes against Christians where they make use of their own witnesses; and we do decree that those persons shall be excommunicated who shall attempt in this respect to prefer Jews to Christians, as it is right and proper that they should be beneath the Christians, and be by them supported on grounds of humanity alone. Moreover, if any by the inspiration of God shall be converted to the Christian faith, they are on no account to suffer loss of their possessions,15 as. after being converted to the faith they ought to be in a better condition than they were in before they conformed to the faith. And if anything shall be done in contravention hereof, we do, under penalty of excommunication, enjoin the princes or authorities of those places, to cause full restitution to be made to them of that portion of their hereditary property and possessions.
That no person shall for money receive the monastic or any religious habit.
“Monks are not to be received in a monastery for money, nor are they to be allowed to hold property of their own. They are not to be distributed alone in vills and towns, or in any parochial churches: but are to remain in the general convent, or in company with some other of the brethren, so as not alone to await the conflict of spiritual with secular men; for it is Solomon who says: ‘Woe to him that is alone when he falleth; for he hath not another to help him up.’16 And if any person on demand shall give anything for his admission, then he is not to be admitted to holy orders, and he who has admitted him is to be punished by loss of his office. And if any one shall have private property, unless the same shall have been permitted by the abbat for the carrying out of some purpose that has been enjoined, he is to be removed from the communion of the altar; and if any one shall be found when at the point of death to
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possess property, no offering is to be made for him, and he is not to have burial among the brethren. The same we do command to be observed in the various religious orders; and the abbat who shall not diligently observe the same, is to know that he thereby incurs the loss of his office. Also, no priorships or abbacies are to be given to any one for the receipt of money; and in such cases both the giver and the receiver are to be removed from all ecclesiastical duties. Also, where priors have been appointed over conventual churches, they are not, unless for a manifest and reasonable cause, to be removed; unless, for instance, they have been guilty of dilapidation, or lived incontinently, or been guilty of any thing of a like nature, by reason of which they may appear to deserve to be removed: as also, in cases where by the consent of the brethren he shall have been transferred in consequence of the necessity of his filling some higher office.
That no person shall hold several churches.
“Inasmuch as certain persons, placing no limits to their avarice, in contravention of the enactments of the sacred canons, both endeavour to obtain divers ecclesiastical dignities and several parish churches, so that, while they are hardly able to fulfil the duties of one office, they obtain the salary that is the due of many, we do strictly forbid that this shall in future be done. Therefore, when an ecclesiastical office ought to be filled up, let a person be found to fill it who is able to reside on the spot, and to perform its duties himself. And if any persons shall act in contravention hereof, both he who has received the office is to lose the money that, contrary to the sacred canons, he had received, and he who has given it is to be deprived of the power of giving it in future. And, inasmuch as the ambition of some has now reached to such a pitch that they are said to hold not two or three, but six offices or even more, while at the same time they are not able to perform the prescribed duties for even two, we do order this to be remedied by our brethren and fellow-bishops; and that, from these pluralities so hateful to the canons, which afford a ground for the breaking up of societies, and for the wandering of their members to and fro, and produce certain peril to souls, the indigence of those may be relieved, who are able to give their services to churches. Moreover, because the audacity of some
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laymen has increased to such a pitch that, neglecting the authority of the bishops, they institute clerks in churches and remove them when they please, and distribute property and other possessions of the Church mostly at their own option, and dare to harass the churches themselves, as well as the people, with tallages and exactions, we do enact that, from henceforth, if they shall be guilty of the same, they shall be visited with excommunication. The priest also, or clerk, who shall receive a church from laymen, without the authority of his own bishop, shall be deprived from the communion; and if he persists, then he shall be deposed from his ecclesiastical office and orders. And, further, inasmuch as some laymen compel ecclesiastical persons, and even bishops themselves, to abide by their judgments, those who shall do so in future we do order to be cut off from all intercourse with the faithful. We do also forbid, on peril of their souls, laymen withholding tithes, under any circumstances, making over the same to other laymen. And if any person receives the same, and does not restore them to the Church, he is to be deprived of Christian burial.
That manifest usurers shall not be admitted to the communion of the altar.
“Inasmuch as in almost every place the crime of usury has become prevalent, so much so, that many, neglecting their usual business, adopt usury as their lawful occupation, and do not consider how the same is condemned by the pages of both Testaments, we do therefore enact, that manifest usurers shall not be received to communion at the altar, nor shall any of them receive Christian burial, or even an oblation, if he shall die in this sin. And he who shall have received such offering, or have given Christian burial to such usurer, is both to be compelled to return what he has received, and is to remain suspended from the duties of his office until such time as, in the judgment of the bishop, he shall have given satisfaction.
Of the wills of clerks.
“Whereas, in the duties of brotherly love, we seem in especial bound to those from whom we know that we have received benefits, on the other hand, certain of the clergy, after having received considerable property from their churches, presume to
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leave property thus acquired through churches to other persons. Therefore, although it is well known that by the ancient canons this is prohibited, we do nevertheless, once more prohibit it. And it being our wish therefore, to provide an indemnity for the Church, whether these persons shall have died intestate, or whether they shall have attempted to bestow the same property on others, we do order that the same shall remain in possession of the churches. Moreover, inasmuch as in some places persons are appointed for a sum of money, and are called deans, and thus for a fixed sum of money exercise episcopal jurisdiction, we do, by the present decree, enact that whoever in future shall presume thus to act shall be deprived of his office, and the bishop shall lose the right of conferring the same.
Of the regulation of ecclesiastical communities.
“Whereas, in all churches that which seems fit to the greater part and the elder of the brethren, ought, without hesitation, to be observed, it seems most grievous and most worthy of censure that in some churches a few, not so much on reasonable grounds as by reason of their own wilfulness, throw obstacles in the way of the commands of the majority, and will not allow the ecclesiastical ordinances to be carried out: therefore, by the present decree we do enact, that, unless any reasonable ground shall be shown by the fewer and younger, all power of appeal removed, that which is ordained, on due consideration by the greater and elder part, shall always prevail and be carried into effect. Nor is it to be any impediment to this our ordinance, if any person says that he is bound by oath to observe the customs of his church. For they are not to be called oaths, but perjuries rather, which are in opposition to the interests of the Church and the institutions of the holy fathers. And if any person has presumed to swear to maintain customs of this nature, which are neither supported by reason, nor agree with the holy institutions, he is to be debarred from receiving the body of our Lord until such times as he shall have performed due penance for the same.
On the presentation of clerks.
“Whereas, in certain places, the founders of churches, or their heirs, abuse their power, in which the Church has hitherto borne with them; and whereas in the Church of
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God there ought to be but one who is the chief, while many, without regard to those who are subject, strive to elect; and whereas one church ought to have but one ruler, while they present, in defence of their own rights, a number of rulers; we do by the present decree enact, that if several founders divide and give conflicting votes, that person shall be appointed over the church who is recommended by his manners and merits, and is chosen and approved of by the suffrages of the most persons. But, if this cannot be done without offence, the bishop is to regulate the church in such way as he shall think is best suited to the honor of God, and he is to do the same, even though some question shall have arisen as to the right of patronage, and even if, within three months, it shall be ascertained to whom it belongs.
On preserving peace.
“We do also enjoin that priests, clerks, monks, lay monks, pilgrims, merchants, and serfs, when going to and fro, and engaged in agriculture, as well as the animals with which they plough, and the other things which they take into the fields, shall enjoy befitting security; and no person in office whatever is anywhere to presume to make new exactions without the authority and consent of the kings and rulers, or to enact statutes on the moment, or in any way to impugn the old ones. And if any one shall act contrary to this, and, on being warned, shall not cease so doing, then, till such time as he shall have made due satisfaction, he is to be cut off from all Christian intercourse.
That ecclesiastical benefices shall not be given to any one, before they are vacant.
“No ecclesiastical benefices, or offices, or churches, shall be given to any person, or be promised, before they are vacant, that so no one may seem to long for the death of his neighbour, to whose place and benefice he thinks he shall succeed. For whereas this same thing is found prohibited even in the laws of the heathens, it is most disgraceful, and most deserving of the censures of the Divine judgment, if expectation of future succession should hold a place in the Church of God, a thing which even the heathens themselves have taken care to condemn. But when it happens that churches, to which presentation
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is to be made, or any offices in any church, are vacant, or if at present any are vacant, they are not to remain long unfilled, but within six months let persons be presented to them, who are able properly to perform the duties thereof. But if the bishop, when it is his duty to do so, delays to collate such person, he is to be appointed by the chapter. And if the election belongs to the chapter, and it shall not have so done by the time appointed, the bishop, using the advice of religious men, is to do the same according to the will of God: or if all shall chance to neglect it, then the metropolitan of the bishop, according to the will of God, and without any contradiction on their part, is to dispose thereof.
That no one shall be ordained without a certain title.
“If a bishop shall ordain any person as deacon or priest without a certain title by which he may earn the necessaries of life, then he is to provide him with necessaries, until such time as he shall assign him, in some church, a suitable salary for clerical duties, unless the person ordained shall happen to be able to subsist on property of his own, or inherited from his father.
That clerks in holy orders shall not keep concubines.
“Clerks in holy orders, who, bearing the character of incontinence, keep young women in their houses, are either to put them away and live chastely, or else to be deprived of their benefices and ecclesiastical duties. Whoever shall be found to labour under that kind of incontinence which is against nature, and on account of which the wrath of God came upon the sons of distrust, and He consumed five cities with fire, if they are clerks they shall be expelled from the clergy, or be set apart in a monastery to do penance there; if they are laymen, they shall be excommunicated and utterly removed from the community of the faithful. Moreover, if any clerk, without necessary and manifest cause, shall presume to frequent monasteries of nuns, he is to be warned thence by the bishop, and if he shall not cease so to do, he is to be deprived of his ecclesiastical benefice.
That laymen shall not impose burdens on churches.
“It is known to be no less a sin in those who do so, than a detriment to those who submit to it, that rulers and the chief
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men in cities throughout the different parts of the world, as well as others who seem to hold some power, frequently impose upon churches such numerous burdens, and oppress them with such heavy and repeated exactions, that the priesthood seems under them to be in a worse condition than it was under Pharaoh, who had no knowledge of the law of the Lord. For whereas he, when all others were reduced to slavery, left their priests and possessions in their former liberty, and gave them sustenance at the public expense, these others impose almost all their burdens on the churches, and afflict them with so many anxieties, that the lamentation of Jeremiah seems to apply thereto, ‘She that was princess among the provinces, now is she become tributary!’17 For, whether it is the expense of making fortifications, or whether of an expedition, or whether they think proper to do anything else, they generally attempt to provide for them all out of the property of the churches, of the clergy, and of the poor, the advantages of Christ being thereby curtailed. On these grounds we must feel grieved for the churches, and none the less for those who seem to have entirely lost all fear of God and respect for the ecclesiastical order. Wherefore, under the most severe penalty of excommunication, we do strictly forbid any one in future to presume to make such an attempt, unless a bishop or clerk shall evidently see such a case of necessity and utility as to be of opinion that, without compulsion, subsidies may be collected throughout the churches to relieve the common necessities, the means of the laity not sufficing thereto. And if rulers, or other persons, shall in future be guilty of this, and, on being warned, shall chance to be unwilling to desist, they are to know that both themselves, as well as their abettors, are subjected to excommunication, and are not to be restored to intercourse with the faithful until such time as they shall have made befitting satisfaction.
That prelates are to provide necessaries for the masters of schools.
“Inasmuch as the Church of God, both in those things which tend to the support of the body and in those which pertain to the profit of the soul, is bound, like an affectionate mother, to provide for the needy, in order that the opportunity
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of reading and of improving may not be withheld from the poor who cannot be assisted by the means of their relations, in each cathedral church a certain competent provision is to be made for a master, who is to teach gratuitously the clerks of the said church and the poor scholars, in order that thereby the necessities of the teacher may be relieved, and a way may be opened to learning for those who are studying; in other churches or monasteries, also, this is to be rectified, if in past times any curtailment shall chance to have been made therein. For a licence to teach no one is to demand any fee whatever, nor is he, under pretext of any custom, to make any demand of those who teach; nor yet, when a licence has been given, is he to forbid any one to teach who is fitted for so doing. The person who shall presume to contravene this enactment, is to be deprived of all ecclesiastical benefices. For it seems only proper and becoming, that, in the Church of God, he should not gain the fruit of his labours who, in the cupidity of his mind, endeavours, while he is selling a licence to teach, to obstruct the profit of the Church.
That clerks shall not presume to undertake secular business.
“Clerks in archdeacon’s orders, and above, as well as those of a lower grade, if they are supported by ecclesiastical salaries, are not to presume to act as advocates before secular judges in forensic business, unless they are prosecuting their own cause or that of the Church, or chance to be acting on behalf of distressed persons, who cannot manage their own causes. And neither is any clerk to presume to act the part of procurator of a town, or to exercise any secular jurisdiction under any princes or men of secular power, so as to act as their justiciaries. And if any person shall presume to contravene this enactment, because he acts in a worldly manner, contrary to the doctrine of the Apostle, when he says that no one who fights for God busies himself with the affairs of this world, he is to be removed from the ecclesiastical office, because, neglecting his clerical duties, he has plunged into the waves of the world in order to please the powerful. We do also decree that strict punishment is to ensue, if any person in religious orders shall presume to attempt to do any of the things aforesaid.
Of Churches that have been laid under an interdict, and the burial of those under interdict.
“Inasmuch as it is our bounden duty both to plant the sacred religion, and when planted in every way to cherish it, we can never attempt the same to better purpose, than if we consider that it has been entrusted to us by the authority of God, to foster that which is right, and to correct that which impedes the progress of the truth. Wherefore, in consequence of the strong complaints of our brethren and our fellow-bishops, we have understood that the brethren of the Temple and of the Hospital, as well as others of the religious profession, exceeding the privileges with which they have been indulged by the Apostolic See, presume to do many things which both tend to scandal among the people of God, and produce evil to souls. For they have purposed to receive churches from the hands of laymen; they admit persons excommunicated and under interdict to the Sacraments of the Church, and allow burial in their churches, contrary to good conscience, and institute and remove priests at their pleasure. And whereas the indulgence has been granted to their brethren when going to seek alms, that upon their arrival such churches18 may be opened once in a year, and Divine service performed therein, as we have heard, several of them have frequently come from one or more of their houses to a place under interdict, and have abused the indulgence of their privileges by performing service therein, and then presuming to bury the dead in the churches aforesaid. And further, by means of the fraternities which in many places they establish, they sap the strength of the episcopal authority, while, in contravention of the sentences of the bishops, under the pretext of some of their own privileges, they strive to screen all those who are ready to join their fraternity. And whereas we have thought proper to make these declarations not so much with reference to the conscience or design of the higher authorities among them, as to the fact that some of those of a lower grade have exceeded what in discretion they ought to observe, for the purpose of removing those matters in which they are guilty of excess. and which tend to cause doubts; we do therefore forbid both them and all other religious whatsoever,
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without the consent of their bishops, to receive churches and tithes from the hands of laymen, not taking regard of what up to the present time they have, contrary to the tenor hereof, received. Persons excommunicated and by name laid under interdict, we do pronounce to be avoided both by them and by all other persons whatsoever, in conformity with the sentences pronounced by the bishops. In those of their churches which do not belong to them fully of right, they are to present priests to the bishops for institution therein, who shall be answerable to them for their care of the people, and give to themselves a proper account as to the temporal things thereof. Also, they are not to presume to remove those once instituted without consulting the bishops thereon. And if Templars or Hospitallers come to a church laid under interdict, they are to be admitted only once in a year to perform service therein, and not even then are they to bury there the bodies of those under interdict. Also, as to these fraternities we do enact, that if they shall not entirely join the brethren aforesaid, but shall think proper to reside upon their own properties, still they are in nowise on that account to be exempt from the sentence of the bishops, who are to exercise their authority over them just like the other persons of their dioceses, where they require correction for their excesses. What has been said above as to the aforesaid brethren we do also command to be observed as to other persons in religious orders who in their presumption intrude upon the path, and presume to enter on a course contrary to their own canonical professions and the tenor of our own privileges. If, however, they shall presume to contravene this enactment, both the churches in which they shall presume so to do shall be laid under interdict, and what they have done shall be deemed null and void.”
These decrees being promulgated and received by the whole of the clergy and people standing around, the bishops and other ecclesiastics who had met together, with the gift of the benediction, received leave to return home.
1 This was Presbyter, or Prester John — a supposed king of the interior of Asia. It is supposed that the person here meant was Oungh Khan, slain by Gengis Khan, A.D. 1202. This letter is probably a fabrication of the Nestorian Missionaries, who spread reports of his conversion.
2 Matt. xv. 18.
3 Matt. xvi. 19.
4 Matt. vii. 21.
5 Rom. i. 14. This quotation is not quite correct according to our version; the words are, “I am debtor both to the Greeks and to the barbarians, both to the wise and to the unwise.”
6 St. Luke xxi. 32.
7 This passage appears to be imperfect. It seems to allude to a case of interregnum in the Papacy.
8 Saint Paul.
9 2 Cor. xii. 14.
10 Taxes.
11 Here follow these words. “Cum autem assumptus fuerit, si Archdiaconus in Diaconum; Decanus et reliqui admoniti non fuerint, præfixo a canonibus tempore in presbyteros ordinati.” They are evidently fragmentary and incomplete, to such an extent that it seems impossible to guess the general meaning of the passage. It is clear that at least one important sentence is omitted, if not more.
12 The meaning of the latter part of this enactment is involved in great obscurity; probably in consequence of the evident omission in the middle of it.
13 These were lawless hireling soldiers, who were guilty of great outrages; they were said to have received their name of “Coterelli“ from their use of a large knife called “coterel,” the same being given them by the people of Toulouse; while others derive it from “cotarius,” a cottager, it being their habit to levy heavy contributions on people of that class. They were also called “Ruptarii,” “Routiers,” or “Ryters,” and were much employed by the early kings of England.
14 1 Cor. xii. 23.
15 Probably meaning their Christian slaves.
16 Eccl. iv. 10.
17 Lam. i. 1.
18 Laid under interdict.