Fifth Lateran Council
1512-17 A.D.
SESSION 1
10 May 1512
[The bull convoking the
council, Sacrosancta Romanae Ecclesiae, and the bulls postponing it,
Inscrutabilis and Romanus pontifex, are read out1{Msi 32, 681-690}. Masses are
ordered to be celebrated, and prayers to be offered, to beg God's assistance;
various arrangements are to be observed in the council and decrees are set out;
advocates, procurators, notaries, guards and vote-scrutineers are chosen;
assigners of places, and the location of places in their due order, are
established.]
SESSION 2
17 May 1512
[The quasi-council of Pisa
is condemned, and everything done at it is declared null and void. The Lateran
council and whatever has been rightly done at it are confirmed]
Julius, bishop, servant of
the servants of God, with the approval of the sacred council, for an
everlasting record. We intend, with the help of the most High, to proceed with
the holding of this sacred Lateran council which has now begun for the praise
of God, the peace of the whole church, the union of the faithful the overthrow
of heresies and schisms, the reform of morals, and the campaign against the
dangerous enemies of the faith, so that the mouths of all schismatics and
enemies of peace, those howling dogs, may be silenced and Christians may be
able to keep themselves unstained from such pernicious and poisonous contagion.
Accordingly, in this second
session lawfully assembled in the holy Spirit, after mature deliberation held
by us with our venerable brothers, the cardinals of the holy Roman church, by
the advice and unanimous consent of the same brothers from sure knowledge and
by the fullness of apostolic power, we confirm approve and renew, with the
approval of the sacred council, the rejections condemnations, revocations,
quashings, invalidations and annulments of the summoning, convoking and public
utterances of that schismatical assembly, the vaunted quasi-council of Pisa,
with its aim of rending and hampering the union of the aforesaid church, and of
the citations, warnings, decrees, pardons, sentences, acts, legacies,
creations, obediences, withdrawals, enjoined censures and applications issuing
from it, and of the transfer of the said quasi-council to the cities of Milan
or Vercellae or any other place, and of each and all of the acts and decisions
of the said quasi-council, that have been expressed in our various letters
completed and issued in due order, especially those issued under the dates of
18 July in the eighth year of our pontificate, and of 3 December and 13 April
in the ninth year of our pontificate. Likewise we confirm, approve and renew
with the approval of the sacred council, the letters themselves along with
their decrees, declarations, prohibitions, commands, exhortations, warnings,
applications of ecclesiastical interdicts, and other sentences, censures and
penalties, whether by canonical sanctions or by our own act, especially those
in the letter summoning this sacred universal council, and each and all of the other
clauses contained in the said letters, the meanings of which we wish to be
considered as expressed as if they were inserted herein word for word, even
though, as being definite and valid, they require no other confirmation or
approval for a more extensive guarantee and demonstration of the truth. We
wish, decree and ordain that they be observed without alteration, and we make
good each and all of the defects in them, should there be any.
We condemn and reject the
aforesaid quasi-council and its transfer, and each and every thing done by it,
and also those taking part in it or giving support, approval or consent,
directly or indirectly, to whatever extent and in whatever manner, from the day
of the summoning of the quasi-council until the present day, whether the things
have already been done or are to be done in the future, even if they are or
have been such that special, specific, definite and separate mention should be
made about them, since we consider their meaning and characteristics as clearly
expressed. We condemn and reject it like other counterfeit councils which
diverge from the truth and whose acts have been condemned and rejected by the
law and sacred canons. We proclaim these things to be null, void and empty, as
indeed they are, to be or to have been of no force or Importance; and, so far
as is necessary, we declare them void, invalid and null, and we wish them to be
considered as void, invalid and null.
We decree and declare, with
the approval of this same sacred council, that this sacred ecumenical council,
justly, reasonably, and for true and lawful purposes duly and rightly summoned,
has begun to be celebrated, and that each and every thing which has been and
shall be done and executed in it, will be just, reasonable, settled and valid,
and that it possesses and holds the same strength, power, authority and
stability which other general councils approved by the sacred canons,
especially the Lateran council, possess and hold.
Moreover, in the
arrangement of the seasons, as the summer heats approach, in order to take
account of the convenience and health of the prelates, and so that those may be
awaited who live beyond the mountains and across the sea and who have hitherto
been unable to come to this sacred council, and for other just and reasonable
causes known to and approved by the said sacred council, we are summoning the
third session of this same council to take place on 3 November next, with the
said council likewise giving approval. And to each and every prelate and to
others present at the same council, we grant and concede the freedom and
permission to withdraw from the Roman curia and to stay wherever they wish, so
long as they are present at the aforesaid Lateran council on the said 3
November, any clearly legitimate hindrance having been removed, subject to the
infliction of the penalties indicated in the letter summoning the council and
in canonical punishments against those failing to attend to councils, the said
sacred council also approving. Let nobody therefore . . . If anyone however . .
.2{2 At this session, on account of the arrival of the bishop of Gurk,
representative of the most serene emperor, a postponement of the third session
was made until 3 November.}
SESSION 3
3 December 1512
[Each and all of the
measures sponsored by the schismatic cardinals are rejected]
Julius, bishop, servant of
the servants of God, with the approval of the sacred council, for an
everlasting record. To the praise and glory of him whose works are perfect, we
are continuing the sacred council of the Lateran, lawfully assembled by favour of
the holy Spirit, in this third session. We had summoned this session on another
occasion, during the second session, for the third day of the following
November. Later, by the advice and unanimous agreement of our venerable
brothers, cardinals of the holy Roman church, for reasons then stated and for
other lawful causes, we postponed it and summoned it to be held today, with the
same sacred council giving approval to both the postponement and the summons
for the said reasons which were known to it. This was after the happy and
favourable adherence to, and union with, this most holy Lateran council on the
part of our most dear son in Christ, Maximilian, ever revered emperor-elect of
the Romans
We condemn, reject and
detest, with the approval of this same sacred council, each and every thing
done by those sons of damnation, Bernard Carvajal, Guillaume Briconnet, Rene de
Prie, and Frederick of San Severino, formerly cardinals, and their supporters,
adherents, accomplices and disciples -- who are schismatics and heretics and
have worked madly to their own and others' ruin, aiming to split asunder the
unity of holy mother church at the quasi-council held at Pisa, Milan, Lyons and
elsewhere -- whatever the things were in number and kind that have been
enacted, carried out, done, written, published or ordained up to the present
day, including the imposition of taxes carried out by them throughout the
kingdom of France, or shall be done in the future. Even though they are indeed
null, useless and void and have already been condemned and rejected by us with
the approval of the aforesaid sacred council, we nevertheless retain this
present condemnation and rejection for the sake of greater precaution. We wish
the meaning and characteristics of the things done, or to be done, to be
considered as expressed herein word for word and not just by general clauses.
We decree and declare them to be and to have been null, without purpose and
void, of no force, efficacy, effect or importance.
We renew our letter dated
13 August 1512, at St Peter's, Rome, in the ninth year of our pontificate, by
which, on the advice of the Dominicans, on account of the support, favours,
sustenance and help notoriously provided to schismatics and heretics in the
promotion of the said condemned and rejected quasicouncil of Pisa, by the king
of France and not a few other prelates, officials, nobles and barons of the
kingdom of France, we placed under ecclesiastical interdict the kingdom of
France and particularly Lyons, excepting the duchy of Brittany, and we forbade
the customary fairs of Lyons to be held in that city and we transferred them to
the city of Geneva. We also renew the decrees, declarations, prohibitions and
every clause contained in the letter, the said sacred council likewise having
full information about them and giving its approval. As stated, we subject the
aforesaid kingdom and its cities, lands, towns and any other territories to
this interdict, and we transfer the fairs from Lyons to the said city of
Geneva.
In order that this sacred
Lateran council may be brought to a fruitful and beneficial conclusion, and
that the many other serious matters due for treatment and discussion in the
council may proceed to the praise of almighty God and the exaltation of the
universal church, we declare, with the full approval of the said sacred
council, that the fourth session of the continuing celebration of the council
shall be held on the tenth day of the present month of December. Let nobody
therefore ... If anyone however...
SESSION 4
10 December 1512
[The Pragmatic is revoked
and the acts of the quasi-council of Pisa regarding the same are
annulled1{Before this constitution, in the same session, there was also read
out: A warning against the Pragmatic and its supporters}
Julius, bishop, servant of
the servants of God, with the approval of the sacred council, for an
everlasting record. Giving close attention by paternal and earnest
consideration to the safety of the flock entrusted to us from above, to the
reform of morals and the defence of the church's liberty, and to the peace and
development of the catholic faith, we approve and renew, with the approval of
this holy council, for the praise and glory of almighty God and the undivided
Trinity, the letter recently issued by us, of which the same council is aware,
by which we made a general reform of the Roman curia's officials and of their
imposts. We ordered the letter to be made public by certain persons, who were
afterwards designated, for the benefit of the faithful, and in accordance with our
wishes. We now order it to be made public in detail by the said designated
persons together with other prelates from various nations who are present in
the aforesaid council and are to be appointed. Everything that can pervert
human judgment is to cease, as is right and fitting. We order, moreover, that
the declarations are to be referred to us in other sessions of this sacred
council and are to be approved by the same council, in order that they may be
duly carried out.
Moreover, for considerable
periods of time there has been great disparagement of the apostolic see and of
the head, the liberty and the authority of the holy Roman universal church, as
well as a limitation of the sacred canons, by a number of prelates of the
French nation and by noble laymen and others supporting them, especially under
pretext of a certain sanction which they call the Pragmatic{2 This Pragmatic
Sanction had been promulgated by king Charles VII of France at Bourges on 7
July 1438, with the aim of removing abuses in the church, see DThC 12/2 (1935)
2780-2786, DDrC 7 (1958) 109-113, and NCE 11 (1967) 662-663}. We do not wish to
endure further a thing so pernicious and offensive to God, a clear cheapening
of and damage to the said church. For it is only in those regions that the
sanction, carried out by those lacking all lawful power for that end and
without the authority of popes or legitimate general councils, has been
introduced and observed by way of an abuse. It must be rightly, along with its
contents, be declared null and void and be repealed. Louis XI, king of France,
of distinguished memory, repealed this sanction, as is clearly contained in his
letters patent already made. Therefore, with the approval of the same council,
we commit to the meetings of our venerable brothers, cardinals of the aforesaid
church, and of other prelates, which are to be held in the upper room of the
Lateran, insofar as this is necessary, the business of the declaration and
abrogation which we are to make, as well as the report that is to be made to us
and the same sacred council concerning the matters discussed in the first and
other sessions, insofar as this can conveniently be done. We determine and
decree that the prelates of France, chapters of churches and monasteries, and
laymen favouring them, of whatever rank they may be, even royal, who approve or
falsely use the said sanction, together with each and every other person
thinking, either individually or in a group, that this sanction is to his
advantage, be warned and cited, within a definite adequate term to be
established, by a public edict -- which is to be fixed on the doors of the
churches of Milan, Asti and Pavia, since a safe approach to France is not
available -- that they are to appear before us and the aforesaid council and
declare the reasons why the said sanction and its corrupting effect and misuse
in matters concerning the authority, dignity and unity of the Roman church and
the apostolic see, and the violation of sacred canons and of ecclesiastical
freedom, ought not to be declared and judged null and void and be abrogated,
and why those so warned and cited should not be restrained and held as if they
had been warned and cited in person. Moreover, with regard to each and all
provisions and collations of ecclesiastical benefices, confirmations of
elections and petitions, grants of concessions, mandates and indults, of
whatever kind, concerning both favours and matters of justice or both together,
of whatever sense they may be -- which things we wish to be regarded as clearly
stated in the present letter -- which were made by the synagogue or
quasi-council of Pisa and its schismatic adherents, lacking all authority and
merit, though they are indeed null and void, yet, for greater caution, we
decree, with the approval of the said sacred council, that they are null and of
no effect, force or importance; and that each individual, of whatever rank,
status, grade, nobility, order or condition, to whom they were granted, or to
whose convenience, advantage or honour they pertain, are to give up their
fruits, incomes and profits, or to arrange for this to be done, and they are
bound to restore both these things and their benefices and to give up the other
aforesaid concessions, and that unless they have really and completely given up
the benefices themselves and the other things granted to them, within two
months from the date of this present letter, they are automatically deprived of
the other ecclesiastical benefices which they hold by lawful title. Moreover,
we apply whatever has been or shall be obtained in the way of fruits, rents and
profits of this kind, and money-taxes imposed by the said quasi-council, to the
campaign which is to be conducted against the infidels.
In order that the
declaration of reform, and of the nullity of the said sanction, as well as
other business may be carried out in due season, and so that the prelates who
are still to come to this sacred council (we have received news that some have
already set out on their journey to attend) may be able to arrive without inconvenience,
we declare, with the approval of the council, that the fifth session shall be
held on 16 February, which will be Wednesday after the first Sunday of the
coming Lent. Let nobody therefore ... If anyone however ...
SESSION 5
16 February 1513
[Bull renewing and
confirming the Constitution against not committing the evil of simony when
electing the Roman pontiff]
Julius, bishop, servant of
the servants of God, with the approval of the sacred council, for an
everlasting record. The supreme maker of things, the creator of heaven and
earth, has willed by his ineffable providence that the Roman pontiff preside
over the christian people in the chair of pastoral supremacy, so that he may
govern the holy, Roman, universal church in sincerity of heart and deeds and
may strive after the progress of all the faithful. We therefore regard it as
suitable and salutary that, in the election of the said pontiff, in order that
the faithful may look upon him as a mirror of purity and honesty, all stain and
every trace of simony shall be absent, that men shall be raised up for this
burdensome office who, having embarked in the appropriate manner and order in a
due, right and canonical way, may undertake the steering of the barque of Peter
and may be, once established in so lofty a dignity, a support for right and
good people and a terror for evil people; that by their example, the rest of
the faithful may receive instruction on good behaviour and be directed in the
way of salvation, that the things which have been determined and established by
us for this, in accordance with the magnitude and seriousness of the case, may
be approved and renewed by the sacred general council; and that the things so
approved and renewed may be communicated, so that the more frequently they are
upheld by the said authority, the more strongly they shall endure and the more
resolutely they shall be observed and defended against the manifold attacks of
the devil. Formerly, indeed, for great and urgent reasons, as a result of
important and mature discussion and deliberation with men of great learning and
authority, including cardinals of the Roman church, excellent and very
experienced persons, a document on the following lines was issued by us.
Inserted constitution
Julius, bishop, servant of
the servants of God, for an everlasting record. From a consideration that the
detestable crime of simony is forbidden by both divine and human law,
particularly in spiritual matters, and that it is especially heinous and destructive
for the whole church in the election of the Roman pontiff, the vicar of our
lord Jesus Christ, we therefore, placed by God in charge of the government of
the same universal church, despite being of little merit, desire, so far as we
are able with God's help, to take effective measures for the future with regard
to the aforesaid things, as we are bound to, in accordance with the necessity
of such an important matter and the greatness of the danger. With the advice
and unanimous consent of our brothers, cardinals of the holy Roman church, by
means of this our constitution which will have permanent validity, we
establish, ordain, decree and define, by apostolic authority and the fulness of
our power, that if it happens (which may God avert in his mercy and goodness
towards all), after God has released us or our successors from the government
of the universal church, that by the efforts of the enemy of the human race and
following the urge of ambition or greed, the election of the Roman pontiff is
made or effected by the person who is elected, or by one or several members of
the college of cardinals, giving their votes in a manner that in any way
involves simony being committed -- by the gift, promise or receipt of money,
goods of any sort, castles, offices, benefices, promises or obligations -- by
the person elected or by one or several other persons, in any manner or form
whatsoever, even if the election resulted in a majority of two-thirds or in the
unanimous choice of all the cardinals, or even in a spontaneous agreement on
the part of all, without a scrutiny being made, then not only is this election
or choice itself null, and does not bestow on the person elected or chosen in
this fashion any right of either spiritual or temporal administration, but also
there can be alleged and presented, against the person elected or chosen in
this manner, by any one of the cardinals who has taken part in the election,
the charge of simony, as a true and unquestionable heresy, so that the one
elected is not regarded by anyone as the Roman pontiff.
A further consequence is
that the person elected in this manner is automatically deprived, without the
need of any other declaration, of his cardinal's rank and of all other honours
whatsoever as well as of cathedral churches, even metropolitan and
patriarchical ones, monasteries, dignities and all other benefices and pensions
of whatever kind which he was then holding by title or in commendam or
otherwise; and that the elected person is to be regarded as, and is in fact,
not a follower of the apostles but an apostate and, like Simon, a magicianl and
a heresiarch, and perpetually debarred from each and all of the above-mentioned
things. A simoniacal election of this kind is never at any time to be made
valid by a subsequent enthronement or the passage of time, or even by the act
of adoration or obedience of all the cardinals. It shall be lawful for each and
all of the cardinals, even those who consented to the simoniacal election or
promotion, even after the enthronement and adoration or obedience, as well as
for all the clergy and the Roman people, together with those serving as
prefects, castellans, captains and other officials at the Castel Sant' Angelo
in Rome and any other strongholds of the Roman church, notwithstanding any submission
or oath or pledge given, to withdraw without penalty and at any time from
obedience and loyalty to the person so elected even if he has been enthroned
(while they themselves, notwithstanding this, remain fully committed to the
faith of the Roman church and to obedience towards a future Roman pontiff
entering office in accordance with the canons) and to avoid him as a magician,
a heathen, a publican and a heresiarch. To discomfort him still further, if he
uses the pretext of the election to interfere in the government of the
universal church, the cardinals who wish to oppose the aforesaid election can
ask for the help of the secular arm against him.
Those who break off
obedience to him are not to be subject to any penalties and censures for the
said separation, as though they were tearing the Lord's garment . However, the
cardinals who elected him by simoniacal means are to be dealt with without
further declaration as deprived of their orders as well as of their titles and
honour as cardinals and of any patriarchal, archiepiscopal, episcopal or other
prelacies, dignities and benefices which at that time they held by title or in
commendam, or in which or to which they now have some claim, unless they
totally and effectively abandon him and unite themselves without pretence or
trickery to the other cardinals who did not consent to this simony, within
eight days after they receive the request from the other cardinals, in person
if this shall be possible or otherwise by a public announcement. Then, if they
have joined themselves in full union with the said other cardinals, they shall
immediately stand reintegrated, restored, rehabilitated and re-established in
their former state, honours and dignities, even of the cardinalate, and in the
churches and benefices which they had charge of or held, and shall stand
absolved from the stain of simony and from any ecclesiastical censures and
penalties.
Intermediaries, brokers and
bankers, whether clerical or lay, of whatever rank, quality or order they may
have been, even patriarchal or archiepiscopal or episcopal, or enjoying other
secular, worldly or ecclesiastical status, including spokesmen or envoys of any
kings and princes, who had part in this simoniacal election, are by that very
fact deprived of all their churches, benefices, prelacies and fiefs, and any
other honours and possessions. They are debarred from anything of that kind and
from making or benefiting from a will, and their property, like that of those
condemned for treason, is immediately confiscated and allotted to the treasury
of the apostolic see. if the aforesaid criminals are ecclesiastics or otherwise
subjects of the Roman church. If they are not subjects of the Roman church,
their goods and fiefs in regions under secular control are immediately allotted
to the treasury of the secular ruler in whose territory the property is
located; in such a way, however, that if within three months from the day on
which it was known that they had committed simony, or had part in it, the
rulers have not in fact allotted the said goods to their own treasury, then the
goods are from that date considered as allotted to the treasury of the Roman
church, and are immediately so considered without the need for any further
pronouncement to the same effect.
Also not binding and
invalid, and ineffectual for taking action, are promises and pledges or solemn
engagements made at any time for that purpose, even if prior to the election in
question and even if made in any way through persons other than the cardinals,
with some strange solemnity and form, including those made under oath or
conditionally or dependent upon the outcome, or in the form of agreed bonds
under whatever inducement, whether it be a deposit, loan, exchange,
acknowledged receipt, gift, pledge, sale, exchange or any other kind of
contract, even in the fuller form of the apostolic camera. Nobody can be bound
or under pressure by the strength of these in a court of justice or elsewhere,
and all may lawfully withdraw from them without penalty or any fear or stigma
of perjury.
Moreover, cardinals who
have been involved in such a simoniacal election, and have abandoned the person
thus elected, may join with the other cardinals, even those who consented to
the simoniacal election but later joined with the cardinals who did not commit
the said simony, if the latter are willing to join with them. If these
cardinals are not willing, they may freely and canonically proceed without them
in another place to the election of another pope without waiting for another
formal declaration to the effect that the election was simoniacal, though there
always remains in force our same current constitution. They may announce and
call together a general council in a suitable place as they shall judge
expedient, notwithstanding constitutions and apostolic orders, especially that
of pope Alexander III, of happy memory, which begins Licet de evitanda
discordia, and those of other Roman pontiffs, our predecessors, including those
issued in general councils, and any other things to the contrary that Impose
restraint.
Finally, each and every one
of the cardinals of the holy Roman church in office at the time, and their
sacred college, are under pain of immediate excommunication, which they
automatically incur and from which they cannot be absolved except by the
canonically elected Roman pontiff, except when in immediate danger of death,
not to dare, during a vacancy in the apostolic see, to contravene the
aforesaid, or to legislate, dispose or ordain or to act or attempt anything in
any way, under whatever alleged pretext or excuse, contrary to the aforesaid
things or to any one of them. From this moment we decree it to be invalid and
worthless if there should happen to be, by anyone knowingly or unknowingly,
even by us, an attack on these or any one of the foregoing regulations. So that
the meaning of this our present constitution, decree, statute, regulation and
limitation may be brought to the notice of everyone, it is our will that our
present letter be affixed to the doors of the basilica of the prince of the
apostles and of the chancellery and in a corner of the Campo dei Fiori, and
that no other formality for the publication of this letter be required or
expected, but the aforesaid public display suffices for its solemn publication
and perpetual force. Let nobody therefore . . . If anyone however . . Given at
Rome at St Peter's on 14 January 1505/6, in the third year of our pontificate.
[. . .] As we ponder how
heavy is the burden and how damaging the loss to the vicars of Christ on earth that
counterfeit elections would be, and how great the hurt they could bring to the
christian religion, especially in these very difficult times when the whole
christian religion is being disturbed in a variety of ways, we wish to set
obstacles to the tricks and traps of Satan and to human presumption and
ambition, so far as it is permitted to us, so that the aforesaid letter shall
be better observed the more clearly it is established that it has been approved
and renewed by the mature and healthy discussion of the said sacred council, by
which it has been decreed and ordained, though it does not need any other
approval for its permanence and validity. For a more ample safeguard, and to
remove all excuse for guile and malice on the part of evil thinkers and those
striving to overthrow so sound a constitution, with a view to the letter being
observed with greater determination and being more difficult to remove, to the
extent that it is defended by the approval of so many of the fathers, we
therefore, with the approval of this Lateran council and with the authority and
fullness of power stated above, confirm and renew the said letter together with
every statute, regulation, decree, definition, penalty, restraint, and all the
other and individual clauses contained in it; we order it to be maintained and
observed without change or breach and to preserve the authority of an
unchanging firmness; and we decree and declare that cardinals, mediators,
spokesmen, envoys and others listed in the said letter are and shall be bound
to the observance of the said letter and of each and every point expressed in
it, under pain of the censures and penalties and other things contained in it,
in accordance with its meaning and form; notwithstanding apostolic
constitutions and ordinances, as well as all those things which we wished not
to prevent in the said letter, and other things of any kind to the contrary.
Let nobody therefore ... If anyone however . . .{1 At this session other
measures against the Pragmatic Sanction were also recorded, especially Julius
II's constitution Inter alia (Msi 32, 772-773).}
SESSION 6
27 April 1513
[Safeconduct for those who
wish and ought to come to the council, for their coming, residence, exchange of
views and return journey]
Leo, bishop, servant of the
servants of God, with the approval of the sacred council, for an everlasting
record. By the supreme ordinance of the omnipotent who governs the things of
heaven and of earth by his providence, we preside over his holy and universal
church, though we are unworthy. Instructed by the saving and most holy teaching
of the doctor of the gentiles, we direct our chief attention, among the many
anxieties from which we unceasingly suffer distress, towards those things in
particular by means of which unending unity and unsullied charity may abide in
the church; the flock committed to us may go forward along the right courses
towards the way of salvation, and the name of Christians and the sign of the
most sacred cross, in which the faithful have been saved, may be more widely
spread, after the infidels have been expelled with the help of God's right
hand.
Indeed, after the holding
of five sessions of the sacred general Lateran council, pope Julius II of happy
memory, our predecessor, by the advice and agreement of our venerable brothers
the cardinals of the holy Roman church, of whose number we then were, in a
praiseworthy and lawful manner and for sound reasons, guided by the holy
Spirit, summoned the sixth session of the council to take place on the eleventh
day of this month. But after he had been taken from our midst, we postponed the
sixth session until today, with the advice and consent of our said brothers,
for reasons which were then expressed and for other reasons influencing the
attitude of us and of our said brothers. But since there had always been an
inner determination within us, while we were of lesser rank, to see the general
council being celebrated (as a principal means of cultivating the Lord's
field), now that we have been raised to the highest point of the apostolate,
considering that a duty which results from the office of pastoral care enjoined
on us has coincided with our honourable and beneficial wish, we have undertaken
this matter with a more earnest desire and complete readiness of mind.
Consequently, with the approval of the same sacred Lateran council we approve
the postponement which we made and the council itself, until the aims for which
it was summoned have been completed, in particular that a general and settled
peace may be arranged between christian princes and rulers after the violence
of wars has been stilled and armed conflict set aside. We intend to apply and
direct all our efforts to this peace, with untiring care and leaving nothing
untried for so salutary a good. We declare that it is and shall be our
unchangeable attitude and intention that, after those things which affect the
praise of God and the exaltation of the aforesaid church and the harmony of
Christ's faithful have been achieved, the holy and necessary campaign against
the enemies of the catholic faith may be carried out and may achieve (with the
favour of the most High) a triumphant outcome.
In order, however, that
those who ought to attend so very useful a council may not be held back in any
way from coming, we hereby grant and concede, with the approval of the said
sacred council, to each and every one of those summoned to the council by the
said Julius, our predecessor, or who ought to take part, by right or custom, in
the meetings of general councils, especially those of the French nation, and to
those schismatics and others who are coming to the said Lateran council by
common or special right, on account of a declaration or apostolic letter of our
predecessors or of the apostolic see (except, of course, those under
prohibition), and to the attendants and associates of those who come, of
whatever status, rank, condition or nobility they may be, ecclesiastical or
secular, for themselves and all their belongings, a free, guaranteed and fully
comprehensive safeconduct, for coming by land or sea through the states,
territories and places that are subject to the said Roman church, to this
Lateran council in Rome, and of residing in the city and freely exchanging
views, and of leaving it as often as they wish, with complete, unrestricted and
total security and with a true and unchallengeable papal guarantee,
notwithstanding any impositions of ecclesiastical or secular censures and
penalties which may have been promulgated in general against them, for whatever
reasons, by law or by the aforesaid see, under any forms of words or clauses,
and which they may in general have incurred. By our letters we shall encourage,
warn, and request each and every christian king, prince and ruler that, out of
reverence for almighty God and the apostolic see, they are not to molest or
cause to be molested directly or indirectly, in any way in their persons or
goods, those on their way to this sacred Lateran council, but they are to allow
them to come in freedom, security and peace.
In addition, for the
carrying out of the celebration of this council, we declare that the seventh
session shall be held on 23 May next. Let nobody therefore . . . If anyone
however...
SESSION 7
17 June 1513
The constitution Meditatio
cordis nostri1 {Msi 32, 815-818}, postponing the eighth session to 16 November,
is read out and approved.]
SESSION 8
19 December 1513
[Condemnation of every
proposition contrary to the truth of the enlightened christian faith]
Leo, bishop, servant of the
servants of God, with the approval of the sacred council, for an everlasting
record. The burden of apostolic government ever drives us on so that, for the
weaknesses of souls requiring to be healed, of which the almighty Creator from
on high has willed us to have the care, and for those ills in particular which
are now seen to be pressing most urgently on the faithful, we may exercise,
like the Samaritan in the gospel, the task of healing with oil and wine, lest
that rebuke of Jeremiah may be cast at us: Is there no balm in Gilead, is there
no physician there? Consequently, since in our days (which we endure with
sorrow) the sower of cockle, the ancient enemy of the human race, has dared to
scatter and multiply in the Lord's field some extremely pernicious errors,
which have always been rejected by the faithful, especially on the nature of
the rational soul, with the claim that it is mortal, or only one among all
human beings, and since some, playing the philosopher without due care, assert
that this proposition is true at least according to philosophy, it is our
desire to apply suitable remedies against this infection and, with the approval
of the sacred council, we condemn and reject all those who insist that the
intellectual soul is mortal, or that it is only one among all human beings, and
those who suggest doubts on this topic. For the soul not only truly exists of
itself and essentially as the form of the human body, as is said in the canon
of our predecessor of happy memory, pope Clement V, promulgated in the general
council of Vienne, but it is also immortal; and further, for the enormous
number of bodies into which it is infused individually, it can and ought to be
and is multiplied. This is clearly established from the gospel when the Lord says,
They cannot kill the soul; and in another place, Whoever hates his life in this
world, will keep it for eternal life and when he promises eternal rewards and
eternal punishments to those who will be judged according to the merits of
their life; otherwise, the incarnation and other mysteries of Christ would be
of no benefit to us, nor would resurrection be something to look forward to,
and the saints and the just would be (as the Apostle says) the most miserable
of all people.
And since truth cannot contradict
truth, we define that every statement contrary to the enlightened truth of the
faith is totally false and we strictly forbid teaching otherwise to be
permitted. We decree that all those who cling to erroneous statements of this
kind, thus sowing heresies which are wholly condemned, should be avoided in
every way and punished as detestable and odious heretics and infidels who are
undermining the catholic faith. Moreover we strictly enjoin on each and every
philosopher who teaches publicly in the universities or elsewhere, that when
they explain or address to their audience the principles or conclusions of
philosophers, where these are known to deviate from the true faith -- as in the
assertion of the soul's mortality or of there being only one soul or of the
eternity of the world and other topics of this kind -- they are obliged to
devote their every effort to clarify for their listeners the truth of the
christian religion, to teach it by convincing arguments, so far as this is
possible, and to apply themselves to the full extent of their energies to
refuting and disposing of the philosophers' opposing arguments, since all the
solutions are available.
But it does not suffice
occasionally to clip the roots of the brambles, if the ground is not dug deeply
so as to check them beginning again to multiply, and if there are not removed
their seeds and root causes from which they grow so easily. That is why, since
the prolonged study of human philosophy -- which God has made empty and
foolish, as the Apostle says, when that study lacks the flavouring of divine
wisdom and the light of revealed truth -- sometimes leads to error rather than
to the discovery of the truth, we ordain and rule by this salutary
constitution, in order to suppress all occasions of falling into error with
respect to the matters referred to above, that from this time onwards none of
those in sacred orders, whether religious or seculars or others so committed,
when they follow courses in universities or other public institutions, may
devote themselves to the study of philosophy or poetry for longer than five
years after the study of grammar and dialectic, without their giving some time
to the study of theology or pontifical law. Once these five years are past, if
someone wishes to sweat over such studies, he may do so only if at the same
time, or in some other way, he actively devotes himself to theology or the
sacred canons; so that the Lord's priests may find the means, in these holy and
useful occupations, for cleansing and healing the infected sources of
philosophy and poetry.
We command, in virtue of
holy obedience, that these canons are to be published each year, at the
beginning of the course, by the local ordinaries and rectors of universities
where institutes of general studies flourish. Let nobody therefore ... If
anyone however...
[On arranging peace between
christian princes and on bringing back the Bohemians who reject the faith]
Leo, bishop, servant of the
servants of God, with the approval of the sacred council, for an everlasting
record. We are continuing the sacred Lateran council for the praise of the
almighty and undivided Trinity and for the glory of him whose place we
represent on earth, who develops peace and harmony in his high heavens, and
who, on his departure from this world, left peace as a lawful inheritance to
his disciples. For, in the previous seventh session, the council was
confronting, among other matters, the threatening and very obvious danger from
the infidels and the spilling of christian blood, which even then was being
poured out because of our blatant faults. The quarrels between christian kings
and princes and peoples must also be removed. and we were being compelled to
seek with all our strength for peace between them. This was the reason for
having to arrange one of the more important meetings of the said council: so
that peace should follow and be maintained as unbroken and leading to its due
fulfilment, especially in these times when the power of the infidels is
recognised to have grown to a remarkable extent. Therefore, with the approval
of the same council, we have arranged and decided to send to the aforesaid
kings, princes and rulers alert legates and envoys of peace, who are
outstanding in learning, experience and goodness, with a view to negotiating
and arranging peace. And, in order that these men may lay aside their arms, we
have called upon their spokesmen who are present at the council, insofar as we
were able to do with God's help, to devote all their energy and strength, out
of reverence for the apostolic see and the union of the faithful, to giving
notice of these matters to their kings, princes and rulers. These are invited,
in our name, to negotiate and listen with good will and honour to the apostolic
legates themselves, and to act in favour of our just and holy desires which are
to be set before them by these messengers.
We were persuading ourself
that they will do this, in order that our legates may be able to take up the
task of the embassy as quickly as possible and manfully complete the
undertaking, and so that, by the favour of the Father of lights (from whom
comes every best gift) peace can be negotiated and arranged and, once this has
been settled, the holy and necessary expedition against the frenzy of the
infidels, panting to have their fill of christian blood, can take place and be
brought to a favourable conclusion for the safety and peace of the whole of
Christianity. After this we were hoping from the depths of our heart, because
of our pastoral office, for peace and union within the whole christian people
and in particular among the same kings, rulers and princes from whose discord
it was feared that prolonged and serious damage could daily affect the
christian state. A hope began to rise that the christian state would be cared
for in a useful and salutary way by this peace and unity, because of the
authority of these men. We dispatched our messengers and letters to the
aforesaid kings, princes and rulers -- at that time in disunion with each other
-- for them to be exhorted, requested and warned. We omitted nothing (so far as
lay in our power) to arrange and produce by our every effort that, once discord
and disagreement of any kind had been removed, they would wish eventually to
return, in complete agreement, grace and love, to universal peace, harmony and
union. In this way, further losses would not be inflicted on Christians from
the hands of the savage ruler of the Turks or from other infidels, but there
would be a rallying of forces to crush the terrible fury and the boastful
endeavours of those peoples.
In that situation, as we
strive with all thought, care, effort and zeal for everything to be brought to
the desired end, and with confidence in the gift of God, we have decreed that
legates with a special mission from us -- who will be cardinals of the holy
Roman church and who are soon to be named by us, on the advice of our brothers,
in our secret consistory -- shall be appointed and sent with authority and with
the necessary and appropriate faculties, as messengers of peace, for the
arranging, negotiating and settling of this universal peace among Christians,
for the embarking upon an expedition against the infidels, with the approval of
this sacred council, and for inducing the said kings, out of generosity of soul
befitting their rank and out of devotion towards the catholic faith, to move
with ready and eager minds towards the holy tasks of both peace and the
expedition, for the total and perfect protection, defence and safety of the
entire christian state.
In addition, since very
great offence is given to God from the prolonged and manifold heresy of the
Bohemians, and scandal is caused to the christian people, the charge of
bringing back these people to the light and harmony of the true faith has been
wholly entrusted by us for the immediate future to our dear son, Thomas of
Esztergom, cardinal-priest of the title of St Martin in the Hills, as legate of
ourself and the apostolic see to Hungary and Bohemia. We exhort these people in
the Lord not to neglect to dispatch some of their spokesmen, with an adequate
mandate, either to us and this sacred Lateran council or to the same Thomas,
cardinal-legate, who will be nearer to them. The purpose will be to exchange
views with regard to an appropriate remedy by which they may recognise the
errors to which they have long been in thrall and may be led back, with God's
guidance, to the true practice of religion and into the bosom of holy mother
church. With the approval of the sacred council, by the tenor of the present
letter, we grant and bestow on them, by the faith of a pontiff, a public
guarantee and a free safe-conduct as to their coming, going, remaining for as
long as the negotiation of the aforesaid matters shall last, and afterwards for
departing and returning to their own territories; and we shall consent to their
wishes so far as we can under God.
So that this sacred Lateran
council may be brought to the completion of the fruitful benefit desired, since
many other serious subjects remain to be discussed and debated for the praise
of God and the triumph of his church, we declare with the approval of the
sacred council, that the ninth session of the continuing celebration of this
sacred Lateran council shall be held on 5 April 1514, in the first year of our
pontificate, which will be Wednesday after Passion Sunday. Let nobody therefore
... If anyone however...
[Bull on reform]
Leo, bishop, servant of the
servants of God, with the approval of the sacred council, for an everlasting
record. Placed by the gift of divine grace at the supreme point of the
apostolic hierarchy, we thought nothing was more in keeping with our official
duty than to survey, with zeal and care, everything which could pertain to the
protection, soundness and extension of the catholic flock entrusted to us. To
this purpose we have applied all the force of our activity and the strength of
our mind and talent. Our predecessor of happy memory, pope Julius II, since he
was concerned about the well-being of the faithful and anxious to protect it,
had summoned the ecumenical Lateran council for many other reasons indeed, but
also because a constant complaint was being pressed concerning the officials of
the Roman curia. For these reasons there were appointed a number of committees
composed of his venerable brothers, the cardinals of the holy Roman church, of
whose number we were then, and also of prelates, to investigate carefully into
these complaints. In order that those attached to the curia and others
approaching it for favours would not in the meantime be tormented by the
excessive burden of expenses and that, at the same time, the ill-repute by
which the said officials were deeply disturbed might be appeased by a speedy
remedy, he issued a bull of reform by which they were bound anew, under a heavy
penalty, to keep the legal terms of their offices. Because death intervened, he
was unable to legislate in particular about the excesses or to complete the
council.
We, as the successor of the
concern no less than of the office, right at the beginning of our pontificate,
did not delay to resume the synod, to promote peace between christian princes
and no less, since it is our intention to complete a universal reform, to
strengthen by new aids what was first provided by our predecessor concerning
the curial offices, and to follow this through with the expanded committees.
For no more pressing anxiety weighs on us than that the thorns and brambles be
pulled up from the Lord's field, and if there is anything hindering its
cultivation, it is to be removed root and branch. Therefore, after a careful
report had been received from the committees, with notice of what was being
side-tracked by which persons, we restored to the norm whatever had deviated
either from a sound and praiseworthy custom or from a long-standing
institution. We gathered these together into one bull of reform published on
this matter with the approval of the sacred council;{This bull Pastoralis
officii was published on 13 Dec. 1513, but it was never submitted to a vote of
the fathers} and we appointed to execute it those who would insist on the
decisions being kept. With the approval of this sacred council, we order this
to be observed without alteration and without deceit by the officials
themselves as well as by others, according as it affects each, under penalty of
immediate excommunication from which they can only be absolved by the Roman
pontiff (except in immediate danger of death), in such a way that, in addition
to this and other penalties stated in detail in the bull, those acting against
it are automatically suspended for six months from the office in which they
committed the fault. And if they have failed for a second time in the same
office, they are deprived for ever because they have contaminated the office
itself. After they have been brought back to good conduct by means of our
constitution, and the general damage has been checked and removed, we shall proceed
to the remaining stages of the reform.
If the Almighty in his
mercy allows us to settle peace among the christian leaders, we shall press on
not only to destroy completely the bad seeds, but also to expand the
territories of Christ, and, supported by these achievements, we shall go
forward, with God favouring his own purposes, to the most holy expedition
against the infidels, the desire for which is deeply fixed in our heart .
Let nobody therefore ... If
anyone however...
SESSION 9
5 May 1514
[The pope urges christian
rulers to make peace among themselves so that an expedition against the enemies
of the christian faith may be possible]
Leo, bishop, servant of the
servants of God, with the approval of the sacred council, for an everlasting
record. After we had been called by divine dispensation to the care and rule of
the universal church, even though we are unworthy of so great a responsibility,
we began from the highest point of the apostolate, as from the top of Mount
Sion, to turn our immediate gaze and direct our mind to the things that seem to
be of primary importance for the salvation, peace and extension of the church
itself. When we focused all our care, thought and zeal in this direction, like
an experienced and watchful shepherd, we found nothing more serious or
dangerous to the christian state and more opposed to our holy desire than the
fierce madness of armed conflicts. For, as a result of them, Italy has been
almost wiped out by internecine slaughter, cities and territories have been
disfigured, partly overturned and partly levelled, provinces and kingdoms have
been stricken, and people cease not to act with madness and to welter in
christian blood. Hence we have judged that nothing should be given more
importance, consideration and attention than the quelling of these wars and the
re-ordering of ecclesiastical discipline in accordance with resources and
circumstances, so that with God appeased by a change of life, after quarrels
have been set aside, we may be able to bring together and gather into one the
Lord's flock entrusted to our care, and to encourage and arouse this flock more
readily, in a union of peace and harmony, as by a very strong binding force,
against the common enemies of the christian faith who are now threatening it .
This our intense desire for
this campaign against the evil and implacable enemies of the cross of Christ is
indeed so implanted in our heart that we determined to continue and follow up
the sacred Lateran council -- which was summoned and begun by our predecessor
of happy memory, Julius II, and interrupted by his death -- for that special
reason, as is clear from all the different sessions held by us in the same
council. Thus, with the christian princes or their spokesmen assembled at the
same council, and prelates from different parts of the world coming to it, once
peace between these christian princes had been settled and (as is right) the
noxious brambles of heresies had been first uprooted from the Lord's field,
then the things necessary for the campaign against the same enemies, and what
concerns the glory and triumph of the orthodox faith, and various other
matters, could be happily decided upon by the timely advice and agreement of
all.
Although many distinguished
men, outstanding in every branch of learning, came from different parts of
Europe to this council, which had been solemnly summoned and duly proclaimed,
many also, legitimately hindered, sent their instructions in official form.
However, because of the difficulties from wars and circumstances as a result of
which many territories have been blocked by hostile arms for a long time, the
resources and large numbers which we desired could not be assembled. Moreover,
that we have not as yet sent the specially appointed legates to kings and
princes to promote union and peace between the same rulers -- something that
perhaps seems necessary to many and that we too think is especially opportune
-- cannot be attributed to us. The reason, of course, why we refrained from
doing so is this: nearly all the princes made it known by letters and messages
to us, that the sending of legates was not at all necessary or expedient.
Nevertheless, we sent men of discretion and proved loyalty, endowed with the
rank of bishop, as our envoys to those very princes who were undertaking
serious armed activity among themselves and, as far as could be guessed, rather
bitter wars. It has come about, especially by the action of these envoys, that
truces have been agreed between some of the princes and the rest are thought to
be on the point of giving their consent. Therefore we shall not put off sending
the special legates, as we decided in the last session, whenever this is
necessary and profitable for the setting up of a stable and lasting peace among
them, and as we previously proposed. In the meantime, we shall not cease to act
and reflect on what is relevant to the situation, with the spokesmen of the
same princes who are negotiating with us, and to press on and exhort them and
their princes to this action by means of our envoys and letters.
Oh that the almighty and
merciful God would assist from on high our plans for peace and our constant
thoughts, would regard the faithful people with more benevolent and favourable
eyes and, for the sake of common safety and peace and for the suppression of
the haughty madness of the wicked enemies of the christian name, would give a
propitious hearing to their devout prayers ! By our apostolic authority, we
enjoin on each and every primate, patriarch and archbishop, on chapters of
cathedral and collegiate churches, both secular and those belonging to any of
the religious orders, on colleges and convents, on leaders of peoples, deans,
rectors of churches and others who have charge of souls, and on preachers,
alms-collectors and those who expound the word of God to the people, and we
order in virtue of holy obedience, that within the celebration of masses,
during the time that the word of God is being set before the people or outside
that time, and in prayers which they will say in chapter or as convents, or at
some other time in any kind of gathering, they are to keep the following
special collects for the peace of Christians and for the confounding of the
infidels respectively: O God, from whom holy desires, and, O God, in whose
hands are all power and authority over kingdoms, look to the help of
Christians. And they are no less to enjoin on members of their dioceses and on
any other persons of either sex, whether ecclesiastical or secular, over whom
they have authority by reason of a prelature or any other ecclesiastical
position of authority, and to encourage in the Lord those to whom God's word is
proposed on their own or another's responsibility, that they should pour forth
in private devout prayers to God himself and to his most glorious mother, in
the Lord's prayer and the Hail Mary, for the peace of Christians (as mentioned
above) and for the complete destruction of the infidels.
Further, whoever of those
mentioned above think that, by influence or favour with secular princes of any
rank, distinction or dignity, or with their advisers, associates, attendants or
officials, or with the magistrates, rectors and lieutenants of cities, towns,
universities or any secular institutions, or with other persons of either sex,
ecclesiastical or secular, they can take steps towards a universal or
particular peace between princes, rulers and christian peoples, and towards the
campaign against the infidels, let them use strong encouragement and lead them
on to this peace and the campaign. By the tender mercy of our God and the merit
of the passion of his only-begotten Son, Jesus Christ, we exhort all of them
with all possible emotion of our heart, and we counsel them by the authority of
the pastoral office which we exercise, to lay aside private and public enmities
and to turn to embracing the endeavour for peace and deciding on the aforesaid
campaign.
We strictly forbid each and
every prelate, prince or individual, whether ecclesiastical or secular, of
whatever state, rank, dignity, pre-eminence or condition they may be, under
threat of the divine judgment, to presume to introduce in any way, directly or
indirectly, openly or secretly, any obstacle to the said peace which is to be
negotiated by us or by our agents, whether legates or envoys of the apostolic
see endowed (as said before) with the episcopal rank, for the defence of the
christian state of the faithful. Those who, in working towards this peace,
think that there is involved something of a private or a public nature that is
of importance to their princes, cities or states, the care for whom or which
pertains to them because of some office or public function should, as far as it
will be possible in the Lord, with due moderation and calm take control of the
matter inasmuch as it involves support and goodwill towards the coming peace.
Indeed, those who wish to rouse the faithful by Christ's spiritual gifts, when
these are duly contrite and absolved, and to pour out devout prayers for obtaining
peace and for deciding on the expedition, so that the said peace and the
campaign against the said enemies of the christian faith may be brought about
and be secured from God himself, will devote worthwhile and well-considered
efforts as often as they do this. These prayers, offered with devotion, should
take place in masses, sermons and other divine services, in collegial,
conventual and other public or communal prayers, and among princes, advisers,
officials, governors and other persons named above who seem to have some
influence in making or arranging the peace and in deciding (as said before) on
the campaign against the enemies of the unconquered cross.
Trusting in the mercy of
God and the authority of his blessed apostles Peter and Paul, we grant
remission of one hundred days of imposed penances to those who, individually
and in private, offer prayers to obtain the foregoing from God; seven times
each day if they do it so often or, if fewer, as often as they shall do it;
until the universal peace -- which is receiving our constant attention -between
princes and peoples at present in armed dispute has been established, and the
campaign against the infidels has been decreed with our approval. We lay an
obligation on our venerable brothers, primates, patriarchs, archbishops and
bishops, to whom the present letter or copies of it, accurately printed either
in Rome or elsewhere, shall come under official seals, to have it published
with all possible speed in their provinces and dioceses, and to give firm
instructions for its due execution.
In the meantime, with the
approval of the sacred council, we have decreed, as we proposed and desired
with all our heart, the ecclesiastical reform of our curia and of our venerable
brothers, the cardinals of the holy Roman church, and of others dwelling in
Rome, and many other necessary things, which will be contained in our other
letters due for publication in this same session. It was Julius, our
predecessor, who summoned to this council all those who were accustomed to
attend councils. He gave them a comprehensive safe-conduct so that they could
make the journey and arrive safely and unharmed. However, many prelates who
ought to have come have so far not arrived, perhaps because of the obstacles
already stated. In our desire to go ahead with the more serious business due in
the next session, we appeal to in the Lord, and we ask and counsel by the
tender mercy of the same, prelates, kings, dukes, marquises, counts and others
who usually come or send someone to a general council, but who have not yet
provided spokesmen or legitimate instructions, to decide with all possible
speed either to come in person or to send chosen and competent envoys, with
valid instructions, to this sacred Lateran council which is so beneficial to
the christian state.
With regard to those
venerable brethren, patriarchs, archbishops, bishops, abbots and prelates -
especially those bound under oath to visit the place of the apostles Peter and
Paul at certain fixed times, and to attend in person general councils which
have been summoned, including those under that obligation at the time of their
promotion -- whose obstinacy as being non-attenders at various sessions became
a matter of frequent accusation by the sponsor of the same council, there is to
be found in solemn form both a petition for proceedings against them and a
statement of the censures and penalties incurred. This is notwithstanding any
privileges, concessions and indults that were granted confirmed or renewed by
us or our said predecessors in favour of them and their churches, monasteries
and benefices. These we annul and invalidate through our certain knowledge and
fullness of power, considering them to be fully stated here. We impose in
virtue of holy obedience, and we strictly command under the penalties of
excommunication and perjury and others derived from law or custom, and in
particular from the letter which summoned and proclaimed the said Lateran
council and was promulgated by our predecessor, Julius himself that they must attend
in person the said Lateran council and remain in Rome until it has reached its
conclusion and been terminated by our authority, unless they are prevented by
some legitimate excuse. And if (as we said) they have somehow been prevented,
they are to send their suitably qualified representatives with a full mandate
on the matters that will have to be treated, dealt with and advised upon.
In order to remove
completely all excuse and leave no pretext of any impediment to anyone who is
obliged to attend, in addition to the public guarantee which was clearly
granted at the summoning of this council to all coming to it we give, concede
and grant, acting on the advice and power mentioned above with the same
council's approval, to each and all who have been accustomed to be present at
the meetings of general councils and are coming to the present Lateran council,
as well as to members of their personal staff, of whatever status rank, order
and condition or nobility they may be, ecclesiastical and secular, a free, safe
and secure safe-conduct and, by apostolic authority in the meaning of the
present letter, full protection in all its aspects, for themselves and for all
their possessions of any kind as they pass through cities, territories and
places, by sea and land, which are subject to the said Roman church, for the
journey to the Lateran council in Rome, for remaining in the city of freedom,
for exchanging views according to their opinions, for departing therefrom as
often as they may wish and also after four months from the conclusion and
dispersal of the said council; and we promise to give readily other
safe-conducts and guarantees to those desiring to have them. Each and all of
these visitors we shall deal with and welcome with kindness and charity.
Under the threat of the
divine majesty and of our displeasure, and of the penalties against those
impeding the holding of councils, particularly the said Lateran council, which
are contained and set down in law or in the letter of the aforesaid summons of
our predecessor, we are instructing each and all secular princes, of whatever
exalted rank they may be, including imperial, royal, queenly, ducal or any
other, the governors of cities, and citizens governing or ruling their states,
to grant to the prelates and others coming to the said Lateran council a free
permission and licence, a safe-conduct for coming and returning, and a free and
unharmed transit through the dominions, lands and property of theirs through
which the said persons must pass together with their equipment, possessions and
horses; all exceptions and excuses being completely set aside and without
force.
In addition we order and
command, under pain of our displeasure and of other penalties which can be
inflicted at our will, each and all of our people who bear arms, both infantry
and cavalry, their commanders and captains, the castellans of our fortresses,
the legates, governors, rulers, lieutenants, authorities, officials and vassals
of the cities and territories that are subject to the said Roman church, and
any others of whatever rank, status, condition or distinction they may be, to
give permission, and to be responsible for the giving of permission, to those
coming to the Lateran council, to pass through in freedom, safety and security,
to stay, and to return, so that such a holy, praiseworthy and very necessary
council may not be frustrated for any reason or pretext, and that those coming
to it may be able to live in peace and calm and without restraint and to say
and develop under the same conditions the things which concern the honour of
almighty God and the standing of the whole church. This we enjoin
notwithstanding any constitutions, apostolic ordinances, imperial laws or
municipal statutes and customs (even those reinforced by oath and apostolic
confirmation or by any other authority) which could modify in any respect or
impede in any way the said safe-conduct and guarantee, even if the
constitutions etc. were of such a kind that an individual, precise, clear and
distinct form of speech, or some other clearly stated expression, should be
employed regarding them, and not just general clauses which only imply the
matter, for we consider the significance of all the above things to be clearly
stated by the present letter, as if they had been included word for word. Let
nobody therefore . . . If anyone however . . .
[Bull on reform of the
curia]
Leo, bishop, servant of the
servants of God, with the approval of the sacred council, for an everlasting
record. It is eminently fitting for the Roman pontiff to carry out the duty of
a provident shepherd, in order to care for and keep safe the Lord's flock
entrusted to him by God, since, by the will of the supreme ordinance by which
the things of heaven and of earth are arranged by ineffable providence, he acts
on the lofty throne of St Peter as vicar on earth of Christ, the only-begotten
Son of God. When we notice, out of solicitude for our said pastoral office,
that church discipline and the pattern of a sound and upright life are
worsening, disappearing and going further astray from the right path throughout
almost all the ranks of Christ's faithful, with a disregard for law and with
exemption from punishment, as a result of the troubles of the times and the
malice of human beings, it must be feared that, unless checked by a well-guided
improvement, there will be a daily falling into a variety of faults under the
security of sin and soon, with the appearance of public scandals, a complete
breakdown. We desire, then, as far as it is permitted to us from on high, to
check the evils from becoming too strong, to restore a great many things to
their earlier observance of the sacred canons, to create with God's help an
improvement in keeping with the established practice of the holy fathers, and
to give -- with the approval of the sacred Lateran council initiated for that
reason, among others, by our predecessor of happy memory, pope Julius II, and
continued by us -healthy guidance to all these matters.
In order to make a start,
we take up the points which for the present seem more appropriate and which,
having often been neglected during particular generations, have brought great
loss to the christian religion and produced very great scandals in the church
of God. We have therefore decided to begin with preferment to ecclesiastical
dignities. Our predecessor of devout memory, pope Alexander III, also in a
Lateran council, decreed that age, a serious character and knowledge of letters
are to be carefully examined in the preferment of individuals to bishoprics and
abbacies. Moreover, nothing impedes the church of God more than when unworthy
prelates are accepted for the government of churches. Therefore, in the
preferment of prelates, the Roman pontiffs must give much attention to the
matter, especially because they will have to give an account to God at the last
judgment about those given preferment by them to churches and monasteries.
Consequently, we rule and establish that henceforward, in accordance with the
constitution of the aforesaid Alexander III, for vacant churches and
monasteries of patriarchal, metropolitan and cathedral status, the person
provided is to be of mature age, learning and serious character, as said above,
and the provision is not to be made at someone's urging, by means of
recommendation, direction or enforcement, or in any other way, unless it has
seemed right to act differently on the grounds of advantage to the churches,
prudence, nobility, uprightness, experience, lengthy contact with the curia
(together with adequate learning), or service to the apostolic see. We wish the
same to be observed regarding the persons elected and chosen in elections and
choices that have customarily been admitted by the apostolic see. But if the
question arises of providing for churches and monasteries of this kind with
persons of less than thirty years of age, there can be no dispensation for them
to be in charge of churches before their twenty-seventh year of age or of
monasteries before their twenty-second year.
Indeed, so that suitable
persons may be advanced with greater exactness and care, we rule that the
cardinal to whom the reporting on an election, appointment or provision to a
church or monastery has been entrusted, ought, before he gives an account in
the sacred consistory (as the custom is) of his carrying out of such an
examination or report assigned to him, to make his report known to one of the
older cardinals of each grade, personally in the actual consistory, or, if
there was no consistory on the day appointed for him to give his account, then
by means of his secretary or some other member of his personal staff, and the
three older cardinals in question are bound to communicate the report as soon
as possible to the other cardinals of their grade. The said cardinal making the
report shall personally examine the business of the election, administration,
appointment or promotion in summary and extra-judicial fashion. If any have
spoken against it, he is obliged to call, after the objectors have been
summoned, competent, responsible and trustworthy witnesses and, if it should be
necessary or appropriate, others by virtue of office. He is bound to bring with
him to the consistory, on the day the report has to be made, the stages and
decisions of the report together with the statements of the witnesses, and he
shall not give his report in any form until the person to be promoted, if he is
at the curia, shall have first visited the majority of the cardinals in order
that they may be able to learn at first hand, insofar as it is relevant to his
character, what they shall soon learn from the report of their colleague.
Moreover, the person promoted is obliged, by longstanding practice and laudable
custom, to visit as soon as possible the same cardinals who are then in the
curia. This practice and praiseworthy custom, indeed, we renew and command to
be kept without change.
Since it is right to
maintain episcopal dignity unharmed, and for it to be protected from
indiscriminate exposure to the attacks of wicked persons and to the false
charges of accusers, we decree that no bishop or abbot may be deprived of his
rank when anyone urges a charge or presses demands (unless the opportunity for
a legitimate defence is afforded to him), even if the charges have been widely
known and, after the parties have been attentively heard, the case has been
fully proved; nor may any prelate be transferred against his will, except for
other just and efficacious reasons and causes, in accordance with the terms and
decree of the council of Constance.
Also, as a result of
commendams for monasteries, the monasteries themselves (as experience, a practical
mistress, has quite often taught) are seriously damaged in spiritual and
temporal matters because their buildings fall into decay, partly through the
negligence of the commendatories and partly through greed or lack of interest,
divine worship is gradually reduced, and matter for contempt is generally
offered especially to secular persons, not without a lessening of the standing
of the apostolic see, from which commendams of this kind originate. In order
that sounder measures may be taken to secure these monasteries from damage, we
will and decree that when vacancies occur through the death of the abbot in
charge, they cannot be given in commendam to anyone by any agreement unless it
seems right to us to decide otherwise, in accordance with the actual
circumstances and with the advice of our brothers, so as to protect the
authority of the apostolic see and to oppose the evil designs of those
attacking it .
But let such monasteries be
provided with competent persons, in keeping with the above-mentioned
constitution, so that suitable abbots will have charge of them (as is fitting).
Such monasteries may be given in commendam, when the original commendam no
longer exists on account of the resignation or death of the commendatory, only
to cardinals and to qualified and well-deserving persons; and in such a way
that the commendatories of the monasteries, whatever their dignity, honour and
high rank may be, even if they enjoy the status and dignity of a cardinal, are
obliged, if they have meals in private, apart from the common table, to assign
a quarter of their board for the renewal of the fabric, or for the purchase or
repair of furnishings, clothings and adornment, or for the maintenance or
sustenance of the poor, as the greater need demands or suggests . If, however,
they share board completely, a third part of all the resources of the said
monastery committed to the commendatory must be assigned, after all other
imposts have been deducted, to the above-mentioned burdens and to the
sustenance of the monks. Moreover, letters which are drawn up regarding such
commendams to monasteries ought to contain a clause specifically stating this.
If they are drawn up in some other form, they are of no worth or value .
Since it is fitting for
such churches to be provided for without any loss of revenues, in such a way
that both the honour of those in charge and the need of the churches and
buildings are considered, we decree and rule that pensions may never be
reserved from the incomes of these churches except on account of a resignation
or for some other reason which has been considered credible and honourable in
our secret consistory. We also rule that henceforth parochial churches, major
and principal dignities and other ecclesiastical benefices whose rents,
revenues and produce by ordinary reckoning do not amount to an annual value of
two hundred golden ducats of the treasury, and also hospitals, leperhouses and
hostels of any importance which have been set up for the use and provisioning
of the poor, shall not be given in commendam to cardinals of the holy Roman
church, or conferred on them by any other title, unless they have become vacant
by the death of a member of their household. In the latter case they can be
given in commendam to cardinals, but these are bound to dispose of them within
six months for the benefit of such persons as are suitable and in good
relations with them. We do not wish, however, to prejudge the cardinals further
with respect to benefices to which they may have a reserve claim .
We also ordain that members
of churches, monasteries or military orders may not be detached or separated
from their head -- which is absurd -- without legitimate and reasonable cause.
Perpetual unions, apart from cases permitted by law or on some reasonable
grounds, are not permitted at all. Dispensations for more than two incompatible
benefices are not to be granted, except for great and pressing reasons or to
qualified persons according to the form of common law . We set a limit of two
years on persons of whatever rank who obtain more than four parish churches and
their perpetual vicarages, or major and principal dignities, even if by way of
union or commendam for life. They are bound to release the rest, only four
being retained in the meantime. Such benefices, due for release, can be
resigned into the hands of the ordinaries so that they may be provided with
persons nominated by them; notwithstanding any reservations, even those of a
general nature or resulting from the quality of the persons resigning. Once the
period of two years is past, all the benefices that have not been disposed of
may be reckoned as vacant and may freely be applied for as vacant. Those who
hold on to them incur the penalties of the constitution Execrabilis of our
memorable predecessor, pope John XXII. We also rule that special reservations
of any benefice are in no way to be granted at the urging of anyone .
On cardinals
Since the cardinals of the
holy Roman church take precedence in honour and dignity over all the other
members of the church after the sovereign pontiff, it is proper and right that
they be distinguished beyond all others by the purity of their life and the
excellence of their virtues. On that account, we not only exhort and advise
them but also decree and order that henceforth each of the cardinals following
the teaching of the Apostle, so live a sober, chaste and godly life that he
shines out before people as one who abstains not merely from evil but from
every appearance of evil . In the first place, let him honour God by his works
. Let all of them be vigilant, constant at the divine office and the
celebration of masses, and maintain their chapels in a worthy place, as they
were wont to do .
Their house and
establishment, table and furniture, should not attract blame by display or
splendour or superfluous equipment or in any other way, so as to avoid any
fostering of sin or excess, but, as is right, let them deserve to be called
mirrors of moderation and frugality. Therefore, let them find satisfaction in
what contributes to priestly modesty; let them act with kindness and respect
both in public and in private, towards prelates and other distinguished persons
who come to the Roman curia; and let them undertake with grace and generosity
the business committed to them by ourself and our successors .
Moreover, let them not
employ bishops or prelates in demeaning tasks in their houses, so that those
who have been appointed to give direction to others and who have been clad in a
sacred character, will not lower themselves to menial chores and generally
bring about a lack of respect for the pastoral office . Consequently, let them
treat with honour as brothers, and as befits their state of life, those whom
they have or will have in their houses. Since the cardinals assist the Roman pontiff,
the common father of all Christians, it is very improper for them to be patrons
of or special pleaders for individuals. We have therefore decided, lest they
adopt partiality of any kind, that they are not to set up as promoters or
defenders of princes or communities or of any other persons against anyone,
except to the extent that justice and equity demands and the dignity and rank
of such people requires. Rather, separated from all private interest, let them
be available and engage with all diligence in calming and settling any
disputes. Let them promote with due piety the maintenance of the just business
of princes and all other persons, especially the poor and religious, and let
them offer help in accordance with their resources and their official
responsibility to those who are oppressed and unjustly burdened .
They are to visit at least
once a year -- in person if they have been present in the curia, and by a
suitable deputy if they have been absent -- the places of their titular
basilica. They are, with due care, to keep themselves informed about the clergy
and people of the churches subject to their basilica; they are to keep under
review the divine worship and the properties of the said churches; above all,
let them examine with care the lives of the clergy and their parishioners, and
with a father's affection encourage one and all to live an upright and
honourable life . For the development of divine worship and the salvation of
his own soul, each cardinal should give to his basilica during his lifetime, or
bequeath at the time of his death, a sufficient amount for the suitable
sustenance there of one priest; or, if the basilica needs repairs or some other
form of aid, let him leave or donate as much as he may in conscience decide. It
is entirely unfitting to pass over persons related to them by blood or by
marriage, especially if they are deserving and need help. To come to their
assistance is just and praiseworthy. But we do not consider that it is
appropriate to heap on them a great number of benefices or church revenues,
with the result that an uncontrolled generosity in these matters may bring
wrong to others and may cause scandal. Consequently we have determined that
they are not to squander thoughtlessly the goods of the churches, but are to
apply them in works of devotion and piety, for which great and rich returns
have been assigned and ordained by the holy fathers .
It is also our wish that
they take care, without making any excuse, of the churches entrusted to them in
commendam, whether these be cathedrals, abbeys, priories, or any other
eeclesiastical benefices that they take measures, with all personal effect, to
see that the cathedrals are duly served by the appointment of worthy and
competent vicars or suffragans, according to what has been customary, with an
appropriate and adequate salary; and that they provide for the other churches
and monasteries held by them in commendam with the right number of clerics or
chaplains, whether religious or monks, for the adequate and praiseworthy
service of God. Let them also maintain in proper condition the buildings,
properties and rights of any kind, and repair what has crumbled, in accordance
with the duty of good prelates and commendatories . We also judge that the said
cardinals are to use great discretion and careful foresight with regard to the
number of their personal attendants and horses lest by having a greater number
than their resources, situation and dignity permit, they can be accused of the
vice of over-display and extravagance. Let them not be accounted greedy and
squalid on the grounds that they enjoy great and plentiful revenues and yet
offer sustenance to very few; for the house of a cardinal ought to be an open
lodging, a harbour and refuge for upright and learned persons, especially men,
for nobles who are now poor and for honourable persons. Hence let them be
prudent about the manner and quantity of what has to be kept, and carefully
check the character of their personal attendants, lest they themselves incur
from the vices of others the shameful stain of dishonour and provide real
opportunities for contradictions and false accusations .
Since very special
provision must be made that our deeds be approved not only before God, whom we
ought to please in the first place, but also before peoplel so that we can
offer to others an example to be imitated, we ordain that every cardinal show
himself an excellent ruler and overseer of his house and personal staff, with
regard to both what is open for all to see and what lies hidden within .
Therefore let each of them have the priests and deacons clad in respectable
garments, and make careful provision that no one in his household who holds a
benefice of any type, or is in holy orders, wears multi-coloured clothes or a
garment that has little connection with ecclesiastical status. Those in the
priesthood, therefore, ought to wear clothes of colours which are not forbidden
to clerics by law and are of at least ankle length. Those who hold high office
in cathedrals, canons of the said cathedrals those holding the chief posts in
colleges, and chaplains of cardinals when celebrating masses, are obliged to
wear a head-covering in public. Shield-bearers are permitted garments somewhat
shorter than ankle-length. Grooms, because they are generally moving about and
perform a somewhat burdensome service, can use shorter and more suitable
garments, even if they happen to be clerics, so long as they are not ordained
priests; but in such a way that they do not cast aside decency and they so
conduct themselves that their behaviour is in keeping with their position in
the church . Other clerics are to do everything with due proportion and
restraint. Both clerics holding benefices and those in holy orders are not to
pay special attention to their hair and beards, nor to possess mules or horses
with trappings and ornaments of velvet or silk, but for articles of this kind
let them use ordinary cloth or leather .
If anyone of the aforesaid
staff acts otherwise, or wears such forbidden garments after three months from
the announcement of the present regulations, despite being given a legitimate
warning, he incurs excommunication. If he has not corrected himself within a
further three months, he is understood to be suspended from receiving the
fruits of the benefices which he holds. And if he remains fixed in this
obstinacy for another six months, after a similar legal warning, he is to be
deprived of all the benefices which he holds, and he is to be considered as so
deprived. The benefices thus made vacant may be freely sought from the
apostolic see. We wish each and every one of these arrangements to apply to the
households of ourself and any future Roman pontiffs, and likewise to all other
beneficed clerics or persons in holy orders, even those in the curia . There is
one single exception: the said attendants of ourself and future Roman pontiffs
may wear red garments, in keeping with what is proper and usual for the papal
dignity .
Since the care of the most
important business is the special concern of cardinals, it is for them to use
their ability to know which regions have been infected by heresies, errors and
superstitions opposed to the true orthodox faith; where the ecclesiastical
discipline of the Lord's commandments is lacking; and which kings and princes or
peoples are being troubled, or fear to be troubled, by wars. Cardinals shall
apply themselves to obtain information on these and similar matters and make a
report to us or the current Roman pontiff so that, by earnest effort, opportune
and saving remedies for such evils and afflictions can be thought out. Since by
frequent, almost daily, experience it is known that many evils quite often
occur to provinces and cities on account of the absence of their own officially
appointed legates, and various scandals are springing up which are not without
disadvantages to the apostolic see, we decree and ordain that cardinals who are
in charge of provinces or cities, under the title of legates, may not
administer them through lieutenants or officials, but they are obliged to be
present in person for the greater part of the time, and to rule and govern them
with all vigilance. Those who now hold the title of legate, or will hold it for
a time, are obliged to go to their provinces -- within three months from the
date of the present proclamation if the provinces are in Italy, and within five
months if they are outside Italy -- and to reside there for the greater part of
the time, unless, by a command from us or our successors, they are held back in
the Roman curia for some business of greater moment or are sent to other places
as needs demand. In the latter cases, let them have in the said provinces and
cities vice-legates, auditors, lieutenants and the other usual officials with
due arrangements and salaries. Anyone who does not observe each and all of the
above regulations is to be deprived of all the emoluments of his post as
legate. These regulations were formulated and established long ago with this
object: that the ready presence of the legates would be beneficial to the
peoples; not that, being free from toils and cares, under cover of being the
legate, they would fix their attention only on profit .
Since the duty of a
cardinal is primarily concerned with regular assistance to the Roman pontiff
and the business matters of the apostolic see, we have decided that all
cardinals shall reside at the Roman curia, and those who are absent are to
return within six months if they are in Italy, or within a year from the day of
promulgation of this present constitution if they are outside Italy. If they do
not they are to lose the fruits of their benefices and the emoluments of all
their offices; and they lose completely, as long as they arc absent, all
privileges granted in general and in particular to cardinals. Those cardinals
are excepted, however, who happen to be absent by reason of a duty imposed by
the apostolic see, or of a command or permission from the Roman pontiff, or
from reasonable fear or any other motive which justifiably excuses, or for
health reasons . Moreover, the privileges, indults and immunities granted to
the said cardinals and contained or declared in our bull under the date of our
coronation1{Bull Licat Romani pontificis,9 April 1513; see Regesta Leonis X no.
14} remain in full force. We have also decided that the funeral expenses of
cardinals, when all costs are included, ought not to exceed the total of 1,500
florins, unless the previous arrangement of the executors -- after just grounds
and reasons have been set out -- has reckoned that more should be spent. The
funeral rites and formal mourning are to be on the first and ninth days; within
the octave, however, masses may be celebrated as usual .
Out of reverence towards
the apostolic see, for the advantage and honour of the pontiff and the
cardinals, in order that the possibility of scandals which could come to light
may be removed and a greater freedom of votes in the holy senate may exist, and
that, as is right, it may be lawful for each cardinal to say freely and without
penalty whatever he feels before God and his own conscience, we lay down that
no cardinal may reveal in writing or by word or in any other way, under pain of
being a perjurer and disobedient, the votes that were given in the consistory,
or whatever was done or said there which could result in hatred or scandal or
prejudice with regard to anyone, or whenever silence on any point beyond the
foregoing has been specially and clearly enjoined by ourself or the Roman
pontiff of the time. If anyone acts to the contrary he incurs, as well as the
punishments stated, immediate excommunication from which, except in immediate
danger of death, he can only be absolved by ourself or the Roman pontiff of the
time, and with a declaration of the reason .
Reforms of the curia and of
other things
Since every generation
inclines to evil from its youth, and for it to grow accustomed from tender
years towards good is the result of work and purpose we rule and order that
those in charge of schools, and those who teach young children and youths,
ought not only to instruct them in grammar, rhetoric and similar subjects but
also to teach those matters which concern religion, such as God's commandments,
the articles of the faith, sacred hymns and psalms, and the lives of the
saints. On feast days they should limit themselves to teaching what has
reference to religion and good habits, and they are obliged to instruct,
encourage and compel their pupils in these matters insofar as they can. Thus,
let them attend churches not only for masses, but also to listen to vespers and
the divine offices, and let them encourage the hearing of instructions and
sermons . Let them not teach anything to their pupils that is contrary to good
morals or may lead to a lack of reverence .
To wipe out the curse of
blasphemy, which has increased beyond measure towards a supreme contempt for
the divine name and for the saints, we rule and ordain that whoever curses God
openly and publicly and, by insulting and offensive language, has expressly
blasphemed our lord Jesus Christ or the glorious virgin Mary, his mother, if he
has held a public office or jurisdiction, he is to lose three months'
emoluments of his said office for the first and second offence, and if he has
committed the fault a third time, he is automatically deprived of his post. If
he is a cleric or a priest, he is to be punished further as follows for being
found guilty of such a fault: for the first time he blasphemed, he is to lose
the fruits of whatever benefices he held for one year; for the second time he
offended and was convicted, he is to be deprived of his benefice if he held
only one, and if he held several then he is to be compelled to lose the one that
his ordinary decides upon; if he is charged and convicted for a third time, he
is automatically deprived of all the benefices and dignities that he holds, he
is rendered incapable of holding them any longer, and they can be freely asked
for and allotted to others. A lay person who blasphemes, if he is a noble, is
to be fined a penalty of twenty-five ducats; for the second offence the fine is
fifty ducats, which are to be applied to the fabric of the basilica of the
prince of the apostles in Rome; for other offences he is to be punished as set
out below; for a third fault, however, he is to lose his noble status. If he is
of no rank and a plebian, he is to be cast into prison. If he has been caught
committing blasphemy in public more than twice, he is to be compelled to stand
for a whole day in front of the entrance of the principal church, wearing a
hood signifying his infamy; but if he has fallen several times into the same
fault, he is to be condemned to permanent imprisonment or to the galleys, at
the decision of the appointed judge. In the forum of conscience, however,
nobody guilty of blasphemy can be absolved without a heavy penance imposed by
the decision of a strict confessor . We wish those who blaspheme against the
other saints to be punished somewhat more lightly, at the decision of a judge
who will take account of individuals .
We also decree that secular
judges who have not taken action against such convicted blasphemers and have
not imposed rightful penalties on them, insofar as they are able to, are to be
subjected to the same penalties as if they had been involved in the said crime.
But those who have exercised care and severity in their examinations and
punishments, will gain for each occasion an indulgence of ten years and may
keep a third of the fine imposed. Any persons who have heard the blasphemer are
obliged to rebuke him sharply in words, if it should happen that this can be
done without danger to themselves, and they are obliged to report the same or
bring it to the knowledge of an ecclesiastical or secular judge within three
days. But if several persons have at the same time heard the said blasphemer
committing the fault, each one is obliged to make an accusation against him,
unless perhaps they all agree that one will perform the task for all . We urge
and counsel in the Lord all the said persons, in virtue of holy obedience, that
they command and ensure, for the reverence and honour of the divine name, that
all the foregoing are kept and very exactly carried out in their lordships and lands.
Thus they will have from God himself an abundant reward for such a good and
pious deed, and they too will obtain from the apostolic see an indulgence of
ten years, and a third of the fine by which the blasphemer is punished, as
often as they have taken the trouble to have such a crime punished . It is
likewise our will that this indulgence and the remaining third of the fine
imposed be granted and assigned to the person reporting the name of the
blasphemer. Moreover, other penalties set down in the sacred canons against
such blasphemers remain in force .
In order that clerics,
especially, may live in continence and chastity according to canonical
legislation, we rule that offenders be severely punished as the canons lay
down. If anyone, lay or cleric, has been found guilty of a charge on account of
which the wrath of God comes upon the sons of disobedience, let him be punished
by the penalties respectively imposed by the sacred canons or by civil law.
Those involved in concubinage, whether they be lay or cleric, are to be
punished by the penalties of the same canons. Concubinage is not to be allowed
by the tolerance of superiors, or as an evil custom of a great number of
sinners, which should rather be called a corruption, or under any other excuse;
but let those involved be punished severely in accordance with the judgment of
the law .
Moreover, for the good and
peaceful government of cities and all places subject to the Roman church, we
renew the constitutions published some time ago by Giles, the well-remembered
bishop of Sabina, and we enjoin and command that they be kept without
alteration .
So that the stain and
disease of abominable simony may be driven out for ever not only from the Roman
curia but also from all christian rule, we renew the constitutions issued by
our predecessors, also in sacred councils, against simoniacs of this kind, and
we prescribe that they be observed unaltered. We wish the penalties they
contain to be regarded as clearly stated and included herein, and the offenders
to be punished by our authority .
We rule and order that
anyone who holds a benefice with or without the care of souls, if he has not
recited the divine office after six months from the date of his obtaining the
benefice, and any legitimate impediment has come to an end may not receive the
revenues of his benefices, on account of his omission and the length of time,
but he is bound to spend them, as being unjustly received, on the fabric of the
benefices or on alms to the poor. If he obstinately remains in such negligence
beyond the said period, after a legitimate warning has been given, let him be
deprived of the benefice, since it is for the sake of the office that the
benefice is granted. He is to be understood as neglecting the office, so that
he can be deprived of his benefice, if he fails to recite it at least twice
during fifteen days . However, in addition to what has just been said, he will
be obliged to offer to God an explanation for the said omission. The penalty on
those holding several benefices may be repeated as often as they are proved to
act contrary to these obligations .
The full disposal and
administration of the revenues of cathedral and metropolitan churches,
monasteries and any other ecclesiastical benefices belong exclusively to us and
the Roman pontiff of the time, and to those who legally and canonically hold
churches, monasteries and benefices of this kind. Secular princes ought in no
way to interpose themselves in the said churches, monasteries and benefices,
since all divine law also forbids it. For these reasons we rule and command
that the fruits and revenues of churches, monasteries and benefices ought not
to be sequestrated, held or detained in any way by any secular rulers, even if
they be the emperor, kings, queens, republics or other powers, or by their
officials, or by judges, even ecclesiastical ones, or by any other persons
public or private, acting at the command of the said emperor, kings, queens
princes, republics or powers. Those who hold such churches, monasteries and benefices
ought not to be impeded -- under the pretext of the restoration of the fabric
(unless permission is expressly given by the Roman pontiff of the time) or of
alms-giving or under any other guise or pretence -- so that they cannot freely
and without restriction, as before, dispose of the fruits and revenues. If
there have been sequestrations, seizures or retentions, then restoration of the
fruits and revenues must be made totally, freely, and without exception or
delay, to the prelates to whom they pertain by right and by law. If they have
been scattered and can nowhere be found, it is our will, supported by the
penalty of excommunication or ecclesiastical interdict to be automatically
incurred by the lands and domain of the ruler, that, after a just estimate has
been made about them, the said prelates receive satisfaction through those who
carried out the said sequestrations, applications or dispersals or who gave
orders for them to be carried out; and further, that their goods and the goods
of those subject to them, wherever these may be found, may be seized and held
if, after being warned, they refuse to obey. Those who act in a contrary manner
do so under pain of both the penalties mentioned above and those of deprivation
of the fiefs and privileges which they have obtained for a time from us and
from the Roman or other churches, and of those issued against violators and
oppressors of ecclesiastical liberties, including those in extraordinary and
other constitutions, even if they are unknown and perhaps not now in actual
use. We renew all these penalties as stated and included herein, we decree and
declare that they have perpetual force- and we will and order that sentence,
judgment and interpretation are to be given according to them by all judges, even
cardinals of the holy Roman church, with all power of judging and declaring
otherwise being removed and taken away from them .
Since no power over
ecclesiastical persons is granted to lay people by either divine or human law,
we renew the constitution of pope Boniface VIII, our predecessor of happy
memory, which begins Felicis, and that of pope Clement V which begins Si quis
suadente, and also any other apostolic ordinance, however issued, in favour of
ecclesiastical freedom and against its violators . Moreover, the penalties
against those who dare to do such things, contained in the bull In coena
Domini3, are to remain in force. It has similarly been forbidden in the Lateran
and general councils, under penalty of excommunication, for kings, princes, dukes,
counts, barons, republics and any other authorities exercising control over
kingdoms, provinces, cities and territories, to impose and exact money
contributions, tithes and other similar imposts on or from clerics, prelates
and any other persons of the church, or even to receive them from those who
freely offer them and give their consent. Those who openly or covertly provide
help, favour or advice in the aforesaid matters automatically incur the penalty
of immediate excommunication; and states, communities and universities which
are at fault in any way on this point are by this very fact to be subject to
ecclesiastical interdict. Prelates also, who have given consent to the
foregoing without the clear permission of the Roman pontiff, automatically incur
the penalty of excommunication and removal from office. For these reasons we
decree and ordain that henceforth those who attempt such things, even if (as
mentioned) they are qualified, in addition to the aforesaid penalties which we
renew and wish them to incur by the very fact of their contravention, are to be
regarded as incapable of all legal acts and as intestable .
Sorcery, by means of
enchantments, divinations, superstitions and the invoking of demons, is
prohibited by both civil laws and the sanctions of the sacred canons. We rule,
decree and ordain that clerics who are found guilty of these things are to be
branded with disgrace at the judgment of superiors. If they do not desist, they
are to be demoted, forced into a monastery for a period of time that is to be
fixed by the will of the superior, and deprived of their benefices and
ecclesiastical offices. Lay men and women, however, are to be subject to
excommunication and the other penalties of both civil and canon law. All false
Christians and those with evil sentiments towards the faith, of whatever race
or nation they may be, as well as heretics and those stained with some taint of
heresy, or Judaizers, are to be totally excluded from the company of Christ's
faithful and expelled from any position, especially from the Roman curia, and
punished with an appropriate penalty. For these reasons we rule that
proceedings are to be taken against them, with careful enquiry everywhere and
particularly in the said curia, by means of judges appointed by us, and that
those accused and rightly convicted of these offences are to be punished with
fitting penalties; and we wish that those who have relapsed are to be dealt
with without any hope of pardon or forgiveness .
Since these constitutions
and ordinances which we are now establishing concern life, morals and
ecclesiastical discipline, it is fitting that our own and other officials, both
those in the Roman curia and those everywhere else, should be models of and
bound to them, and it is our will and decision that they be held to their
observance by an inviolable bond. Lest these constitutions seem at any point to
detract from other censures and penalties imposed by ancient laws and
constitutions against those acting otherwise, even though they have been thought
out and issued as a development, we further declare that nothing whatever has
been taken away from common law or from other decrees of Roman pontiffs by
these regulations and ordinances. Indeed, if any parts of them have lost their
force through the evil corruption of times, places and people, or through
abuse, or for any other unapprovable reason, we here and now renew and confirm
them and order them to be observed without alteration . We decree and declare
that these our well-pondered constitutions are to be of binding force from two
months after publication, and we strictly forbid anyone to presume to make
glosses or commentaries or interpretations on them without special permission
from us or the apostolic see. Anyone who rashly dares to oppose this, incurs
the penalty of immediate excommunication by this very act . Let nobody
therefore ... If anyone however.. .
SESSION 10
4 May 1515
[On the reform of credit
organisations (Montes pietatis)]
Leo, bishop, servant of the
servants of God, with the approval of the sacred council, for an everlasting
record. We ought to give first place in our pastoral office, among our many
anxious cares, to ensuring that what is healthy, praiseworthy, in keeping with
the christian faith, and in harmony with good customs may be not only clarified
in our time but also made known to future generations, and that what could
offer matter for scandal be totally cut down, wholly uprooted and nowhere
permitted to spread, while at the same time permitting those seeds to be
planted in the Lord's field and in the vineyard of the Lord of hosts which can
spiritually feed the minds of the faithful, once the cockle has been uprooted
and the wild olive cut down. Indeed, we have learnt that among some of our dear
sons who were masters in theology and doctors of civil and canon law, there has
recently broken out again a particular controversy, not without scandal and
disquiet for ordinary people, with regard to the relief of the poor by means of
loans made to them by public authorities. They are popularly called credit
organisations and have been set up in many cities of Italy by the magistrates
of the cities and by other Christians, to assist by this kind of loan the lack
of resources among the poor lest they be swallowed up by the greed of usurers
They have been praised and encouraged by holy men, preachers of God's word, and
approved and confirmed also by a number of our predecessors as popes, to the
effect that the said credit organisations are not out of harmony with christian
dogma, even though there is controversy and different opinions regarding the
question .
Some of these masters and
doctors say that the credit organisations are unlawful. After a fixed period of
time has passed, they say, those attached to these organisations demand from
the poor to whom they make a loan so much per pound in addition to the capital
sum. For this reason they cannot avoid the crime of usury or injustice, that is
to say a clearly defined evil, since our Lord, according to Luke the
evangelist, has bound us by a clear command that we ought not to expect any
addition to the capital sum when we grant a loan. For, that is the real meaning
of usury: when, from its use, a thing which produces nothing is applied to the
acquiring of gain and profit without any work, any expense or any risk. The
same masters and doctors add that in these credit organisations neither
commutative nor distributive justice is observed, even though contracts of this
kind, if they are to be duly approved, ought not to go beyond the bounds of
justice. They endeavour to prove this on the grounds that the expenses of the
maintenance of these organisations, which ought to be paid by many persons (as
they say), are extracted only from the poor to whom a loan is made; and at the
same time certain other persons are given more than their necessary and
moderate expenses (as they seem to imply), not without an appearance of evil
and an encouragement to wrongdoing .
But many other masters and
doctors say the opposite and, both in writing and in speech, unite in speaking
in many of the schools in Italy in defence of so great a benefit and one so
necessary to the state, on the grounds that nothing is being sought nor hoped
for from the loan as such. Nevertheless, they argue, for the compensation of
the organisations -- that is, to defray the expenses of those employed and of
all the things necessarily pertaining to the upkeep of the said organisations
-- they may lawfully ask and receive, in addition to the capital, a moderate
and necessary sum from those deriving benefit from the loan, provided that no
profit is made therefrom. This is in virtue of the rule of law that the person
who experiences benefit ought also to meet the charge, especially when there is
added the support of the apostolic authority. They point out that this opinion
was approved by our predecessors of happy memory, the Roman pontiffs Paul II,
Sixtus IV, Innocent VIII, Alexander VI and Julius II, as well as by saints and
persons devoted to God and held in high esteem for their holiness, and has been
preached in sermons about the gospel truth .
We wish to make suitable
arrangements on this question (in accord with what we have received from on
high). We commend the zeal for justice displayed by the former group, which
desires to prevent the opening up of the chasm of usury, as well as the love of
piety and truth shown by the latter group, which wishes to aid the poor, and
indeed the earnestness of both sides. Since, therefore, this whole question
appears to concern the peace and tranquility of the whole christian state, we
declare and define, with the approval of the sacred council, that the
above-mentioned credit organisations, established by states and hitherto
approved and confirmed by the authority of the apostolic see, do not introduce
any kind of evil or provide any incentive to sin if they receive, in addition
to the capital, a moderate sum for their expenses and by way of compensation,
provided it is intended exclusively to defray the expenses of those employed
and of other things pertaining (as mentioned) to the upkeep of the
organisations, and provided that no profit is made therefrom. They ought not,
indeed, to be condemned in any way. Rather, such a type of lending is meritorious
and should be praised and approved. It certainly should not be considered as
usurious; it is lawful to preach the piety and mercy of such organisations to
the people, including the indulgences granted for this purpose by the holy
apostolic see; and in the future, with the approval of the apostolic see, other
similar credit organisations can be established. It would, however, be much
more perfect and more holy if such credit organisations were completely
gratuitous: that is, if those establishing them provided definite sums with
which would be paid, if not the total expenses, then at least half the wages of
those employed by the organisations, with the result that the debt of the poor
would be lightened thereby. We therefore decree that Christ's faithful ought to
be prompted, by a grant of substantial indulgences, to give aid to the poor by
providing the sums of which we have spoken, m order to meet the costs of the
organisations .
It is our will that all
religious as well as ecclesiastical and secular persons who henceforth dare to
preach or argue otherwise by word or in writing, contrary to the sense of the
present declaration and sanction, incur the punishment of immediate
excommunication, notwithstanding any kind of privilege, things said above, constitutions
and orders of the apostolic see, and anything else to the contrary .
[Bull against exempt
persons, in which are included some points regarding ecclesiastical liberty and
episcopal dignity]
Leo, bishop, servant of the
servants of God, with the approval of the sacred council, for an everlasting
record. Presiding over the government of the universal church (the Lord so
disposing), we readily aim to secure the advantages of subjects, in conformity
with the obligation of our pastoral office. In order to preserve the church's
freedom, to remove scandals, to establish harmony, and to foster peace between
prelates of churches and those subject to them, we apply the effort of
apostolic care in proportion as experience shows that disagreement between such
groups will be harmful. Thus we are glad to regulate the indults and privileges
granted to the same subjects by both our predecessors and the apostolic see, at
the expense of the prelates concerned, in such a way scandals do not arise from
them, or material be provided to anyone for fostering ill-will, or
ecclesiastical persons be somehow drawn away from the benefit of obedience as
well as from perseverance in the divine service .
Recently, indeed, a
trustworthy report has reached our ears that canons of patriarchal,
metropolitan, cathedral and collegiate churches and other secular clerics are
making too many claims, on account of which they give rise to considerable
ill-report concerning themselves, have an injurious effect on others from their
claims of exemption and freedom obtained from the apostolic see, evade the
corrections and regulations of the ordinaries, and shun their courts and
judgments. Some of them, in the hope of gaining freedom from punishment for
their deviations by the privilege of exemption, do not fear to commit offences
which they would certainly have never committed if they did not believe that
they were protected by their exemption. The result is that, on account of the
brashness of those trusting that they will obtain freedom from punishment for
their offences, because of the privilege of exemption, they commit outrages on
many occasions as a result of which the church is very much maligned and
serious scandals arise, especially when those responsible for correcting and
punishing them fail to do so. In our wish to provide the necessary remedy lest,
on the above pretext, their faults remain unpunished, we rule, with the
approval of the sacred council, that henceforth those to whom the correction
and punishment of exempt persons has been committed by the apostolic see, are
to attend carefully to these duties and diligently to carry out the obligations
of the office entrusted to them. As soon as it is legally clear to them that
exempt persons have been at fault, they are to punish them in such a way that
they are restrained from their acts of arrogance by fear of a penalty and so
that others, frightened by their example, will rightly shrink from committing
similar faults .
If they are neglectful in
this matter, the diocesan and other local ordinaries are to warn such persons,
who have the responsibility for correcting those who are exempt, that they
should punish such exempt persons who have committed faults and are guilty and
should censure them within a suitable time, which is to be determined by the
judgment of those giving the warning. The warning is to be given in person (if
the resources and standing of the person giving it make this possible), or
otherwise, if there should be no clearly recognised judge in the region of the
exempt persons, they are to warn those whom they consider to be responsible for
the above by means of a public edict, which is to be fixed to the doors of the
cathedrals or other churches where such judges of exempt persons may happen to
reside, or if there are no judges of the exempt persons there, then where the
exempt persons have committed the faults. If those who have received the
warning are negligent in this matter, and do not trouble or have refused to
carry it out, then, so that they may be penalised for their fault, they are to
be deprived of hearing the inquiry for that time and are henceforth not to be
involved in any way in such inquiries. Then the diocesan and other local
ordinaries can proceed, on our authority, either to an inquiry or by means of
an accusation, excluding the use of torture, against such offending and
criminous persons and may personally examine the witnesses. They shall see that
the process itself -- regarding which, by reason of the solemnity of the law,
we forbid anything to be alleged or said except on account of an omitted
citation (provided the offence has been correctly proved elsewhere) -- is held,
closed and sealed by them and quickly despatched to the apostolic see, either
by themselves or by another messenger, so as to be carefully examined by the
apostolic see, either by the Roman pontiff or by someone else to whom he shall
commit the matter; at the expense of the offending exempt persons, including
the expenses incurred in the process itself, which expenses the ordinaries can
compel the persons who have been investigated and charged to pay. And those
found worthy of blame, either to the extent of being condemned or on account of
there being sufficient evidence to justify recourse to torture so that the
truth might be extracted, are to be returned to the diocesans or ordinaries so
that these may lawfully proceed further, on our authority, in the inquiry or
the accusation and may terminate the case according to what is just .
Notaries of the apostolic
see, whose office is known to have been instituted by pope Clement I of happy
memory at the beginnings of the primitive church, for the purpose of
investigating and recording the acts of saints, and who have been elevated to
the office of protonotary and wear an official garment and a rochet, together
with other officials who are attached to us and to the said see, when they are
actually engaged in their duties, are exempt from all jurisdiction of
ordinaries in both civil and criminal matters. Other notaries, however, not
wearing the dress of the protonotariate, unless they have adopted it within
three months after the publication of this present document, both themselves
and others due to be elevated to the office in the future who do not regularly
wear the official dress and a rochet, as well as other officials, our own and
those of the said see, when not actually engaged in their duties, are to be
subject to the jurisdiction of the said diocesans and ordinaries in both
criminal and civil cases which involve sums not exceeding twenty-five golden
ducats of the treasury. But in civil cases involving sums exceeding such an
amount, they are to enjoy full exemption and to be totally excluded from the
jurisdiction of the said diocesans and ordinaries. We also judge it worthy and
appropriate that among the personal staff of cardinals of the holy Roman
church, only those shall enjoy the privilege of exemption who belong to the
household staff and are regular sharers of its board, or have been sent by the
same cardinals to carry out their personal business, or perhaps are absent for
a time from the Roman curia to refresh themselves. But for others, even when
they are registered as belonging to the personal staff, the privilege of staff
membership in no way entitles them to be outside the control of their diocesans
and ordinaries .
By the constitution
published at the council of Vienne which begins Attendentes, there was given to
the aforesaid diocesans full faculties to visit once a year the convents of
nuns, in their dioceses, that are immediately subject to the apostolic see. We
renew this constitution and we prescribe and command that it be strictly kept,
notwithstanding any exemptions and privileges. By the foregoing, moreover, the
same diocesans and ordinaries are not to be prejudiced by cases in which
jurisdiction over exempt persons has been granted by law. Rather, we define
that henceforth exemptions granted for a time without reasonable cause, and
without any citation of those involved, are of no force or value .
Since order in the church
is confused if the jurisdiction of each person is not preserved, we rule and
ordain, in an effort to support the jurisdiction of ordinaries (so far as we
can with God's favour), to impose more quickly an end to lawsuits, and to
restrict the immoderate expenses of litigants, that individual cases,
spiritual, civil and mixed, involving in any way an ecclesiastical forum and
concerned with benefices -- provided that the actual benefices have not been
under a general reservation and the incomes, rents and produce of the
individual benefices do not surpass in value, by common reckoning, twenty-four
golden ducats of the treasury -- shall in the first instance be examined and
settled outside the Roman curia and before the local ordinaries. Thus, nobody
may appeal prior to a definitive sentence, nor may an appeal (if made) be in
any way admitted, except from an interlocutory judgment which may have the
force of a definitive sentence, or by way of a complaint which in no way
concerns the main business. For, redress cannot be obtained from a definitive
sentence by means of an appeal, unless one of the litigants does not dare to go
to law before the ordinary because of a genuine fear of his adversary's power,
or for some other acceptable and honourable reason which must be at least
partially proved otherwise than by his personal oath. In these exceptional
cases, the appeal can be begun, investigated and concluded in the Roman curia,
even in the first instance . In other cases, the appeals and the commissions of
these and other such suits, and whatever follows from them, shall henceforth be
of no force or value. The judges and conservators appointed by the apostolic
see, if they are not graduates in either civil or canon law, are obliged, on
being asked by the parties concerned or by one of them, to take an assessor who
is not under suspicion with the parties and to judge the case according to his
report .
We have learnt, by many and
frequent reports, that very many churches and the bishops presiding over them,
on both sides of the Alps, are being troubled and disturbed in their
jurisdictions, rights and lordships by esquires, princes and nobles. These,
under colour of a right of patronage which they pretend to hold in
ecclesiastical benefices, without the support of any apostolic privileges, or
of collations or letters from the ordinaries, or even of any pretence of a
title, presume to confer benefices not only on clerics but also on layfolk; to
punish at their own whim priests and clerics who are at fault; to remove,
purloin and usurp in an arbitrary way, either directly or by ordering others,
the tithes of everything on which they are obliged by law to pay, as well as
tithes belonging to cathedrals, and other things which pertain to diocesan law
and jurisdiction and are the exclusive concern of bishops; to forbid such
tithes and any fruits to be taken out of their cities, lands and territories;
to seize and unjustly hold fiefs, possessions and lands; to induce and compel,
by threats, terror and other indirect means, the granting to them of fiefs and
goods of churches and the conferring of ecclesiastical benefices on persons
nominated by them; and not only to permit but even expressly to command very
many other losses, damages and injuries to be inflicted on the aforesaid
clerics and churches and their prelates .
We take thought, then, that
no power has been granted to lay people over clerics and ecclesiastics, or over
property belonging to the church, and that it is right and just that laws
should be made against those who refuse to observe this . We also consider how
much such actions detract, with disastrous results which must be condemned, not
only from the honour of ourself and the apostolic see but also from the
peaceful and prosperous condition of churchmen. We desire too, to restrain from
thoughtless acts of rashness, not so much by new penalties as by a renewed fear
of existing ones that should be applied, those whom the rewards of virtues do
not induce to observe laws. We therefore renew each and all of the
constitutions hitherto issued regarding the payment of tithes; against
violators and seizers of churches; against fire-raisers and pillagers of
fields; against those seizing and holding cardinals of the holy Roman church,
our venerable brother bishops and other persons of the church, both secular and
regular, and unlawfully taking over in any way their jurisdiction and rights,
or disturbing or molesting them in the exercise of their jurisdiction, or
presumptuously forcing them to confer ecclesiastical benefices on persons named
by them, or to dispose of them in some other way at their arbitrary choice, or
to grant or otherwise sell fiefs and goods of the church in perpetual tenure,
against making regulations in conflict with ecclesiastical liberty; against
providing help, advice and support for the above practices. Since these acts
are not merely opposed to law but are also in the highest degree insulting and
contrary to ecclesiastical liberty, we therefore, in order that we may be able
to give an honest account to God of the office entrusted to us, earnestly urge
in the Lord, by fatherly sentiments and counsels, the emperor, kings, princes,
dukes, marquises, counts, barons, and others of whatever other nobility,
pre-eminence, sovereignty, power, excellence or dignity they may be, and we
command them by virtue of holy obedience, to observe the foregoing
constitutions and to make them inviolably observed by their subjects,
notwithstanding any customs whatever to the contrary, if they wish to avoid the
divine displeasure and the fitting reaction of the apostolic see. We decree
that appointments made in the above-mentioned way to the said benefices are
null and void, and those making use of them are rendered incapable of obtaining
other ecclesiastical benefices until they have been dispensed in the matter by
the apostolic see .
We have also been carefully
reflecting that, after Christ's ascension into heaven, the apostles assigned
bishops to each city and diocese, and the holy Roman church became established
throughout the world by inviting these same bishops to a role of
responsibility, and by gradually sharing the burdens by means of patriarchs,
primates, archbishops and bishops; and that it has also been laid down by the
sacred canons that provincial councils and episcopal synods ought to be
established by such persons for the correction of morals, the settlement and
limiting of controversies, and the observance of God's commandments, in order
that corruptions may be corrected and those neglecting to do these things may
be subjected to canonical penalties. In our desire that these canons be
faithfully observed, since it is right for us to be interested in what concerns
the christian state, we place a strict obligation on the said patriarchs,
primates, archbishops and bishops, in order that they may be able to render to
God a worthy account of the office entrusted to them, that they order the
canons, councils and synods to be observed inviolably, notwithstanding any
privilege whatsoever. Besides, we order that henceforth a provincial council is
to be held every three years, and we decree that even exempt persons are to
attend them, notwithstanding any privelege or custom to the contrary. Those who
are negligent in these matters are to know that they will incur penalties
contained in the same canons .
In order that respect for
the papal dignity might be preserved, it was determined by the constitution
issued at the council of Vienne, which begins In plerisque that no persons,
especially no religious, may be provided to cathedral churches which are
deprived of temporal goods, without which spiritual things cannot exist for
long, and which lack both clergy and christian people. We renew this
constitution, and we will and command that it must be observed inviolably unless
we shall judge otherwise for some just reason to be approved in our secret
consistory .
We decree that anything
attempted against the foregoing, or any part thereof, is null and void,
notwithstanding any constitution or privilege to the contrary . Let nobody
therefore ... If anyone however.. .
[On printing books]
Leo, bishop, servant of the
servants of God, with the approval of the sacred council, for an everlasting
record. Among the anxieties resting on our shoulders we come back with constant
thought to how we can bring back to the path of truth those going astray, and
gain them for God (by his grace working in us) . This is what we truly seek
after with eagerness; to this we unremittingly direct our mind's desires; and
over this we watch with anxious earnestness .
It is certainly possible to
obtain without difficulty some learning by reading books. The skill of
book-printing has been invented, or rather improved and perfected, with God's
assistance, particularly in our time. Without doubt it has brought many
benefits to men and women since, at small expense, it is possible to possess a
great number of books. These permit minds to devote themselves very readily to
scholarly studies. Thus there can easily result, particularly among Catholics,
men competent in all kinds of languages; and we desire to see in the Roman
church, in good supply, men of this type who are capable of instructing even
unbelievers in the holy commandments, and of gathering them for their salvation
into the body of the faithful by the teaching of the christian faith .
Complaints from many persons, however, have reached our ears and those of the
apostolic see. In fact, some printers have the boldness to print and sell to
the public, in different parts of the world, books -- some translated into
Latin from Greek, Hebrew, Arabic and Chaldean as well as some issued directly
in Latin or a vernacular language -- containing errors opposed to the faith as
well as pernicious views contrary to the christian religion and to the
reputation of prominent persons of rank. The readers are not edified. Indeed,
they lapse into very great errors not only in the realm of faith but also in
that of life and morals . This has often given rise to various scandals, as
experience has taught, and there is daily the fear that even greater scandals
are developing .
That is why, to prevent
what has been a healthy discovery for the glory of God, the advance of the
faith, and the propagation of good skills, from being misused for the opposite
purposes and becoming an obstacle to the salvation of Christians, we have
judged that our care must be exercised over the printing of books, precisely so
that thorns do not grow up with the good seed or poisons become mixed with
medicines. It is our desire to provide a suitable remedy for this danger, with
the approval of this sacred council, so that the business of book-printing may
go ahead with greater satisfaction the more that there is employed in the
future, with greater zeal and prudence, a more attentive supervision. We
therefore establish and ordain that henceforth, for all future time, no one may
dare to print or have printed any book or other writing of whatever kind in
Rome or in any other cities and dioceses, without the book or writings having
first been closely examined, at Rome by our vicar and the master of the sacred
palace, in other cities and dioceses by the bishop or some other person who
knows about the printing of books and writings of this kind and who has been
delegated to this office by the bishop in question, and also by the inquisitor
of heresy for the city or diocese where the said printing is to take place, and
unless the books or writings have been approved by a warrant signed in their
own hand, which must be given, under pain of excommunication, freely and
without delay .
In addition to the printed
books being seized and publicly burnt, payment of a hundred ducats to the
fabric of the basilica of the prince of the apostles in Rome, without hope of
relief, and suspension for a whole year from the possibility of engaging in
printing, there is to be imposed upon anyone presuming to act otherwise the
sentence of excommunication. Finally, if the offender's contumacy increases, he
is to be punished with all the sanctions of the law, by his bishop or by our
vicar, in such a way that others will have no incentive to try to follow his
example. Let nobody therefore ... If anyone however.. .
[On setting a date for
those acknowledging the Pragmatic Sanction]
Leo, bishop, servant of the
servants of God, with the approval of the sacred council, for an everlasting
record. Among other matters to be carried through in this sacred council, we
especially desire to make known and proclaim what must be decided and announced
concerning the sanction called the Pragmatic, which was issued by a number of
leaders of the French nation, both clerics and laymen as well as nobles and
others supporting them. This is in accordance with the wishes of our
predecessor pope Julius II, of happy memory, who summoned this council. The prelates
and other clergy and the aforesaid laity have been summoned on several
occasions to appear before both our said predecessor, Julius, and ourself; and
their obstinacy has quite often been alleged or been the subject of accusations
in the said council. It was subsequently alleged on behalf of the prelates,
clerics and laymen, including nobles, and their said supporters, who were
legitimately summoned (as just stated) for this purpose, that there was no
route which would allow them to travel in safety to the said council. In order
that they may not be able to make this excuse, we have taken measures for a
comprehensive safe-conduct to be granted and conveyed to them by the Genoans,
through whose territory they can travel in safety to the Roman curia, so that
they may be able to bring forward the views which they may wish to present in
defence of this Pragmatic Sanction .
To prevent them being able
to bring up some further point against what has been set out and to claim a
legitimate ignorance, and in order that their obstinacy may be overcome, we
once again, with the approval of the sacred council, give notice and warning,
regarding a final and definitive dead-line, to the clergy and laity, including
nobles, prelates and their supporters, and to colleges of clerics and of
seculars, that they must lawfully assemble (putting aside every excuse and
delaying action) before I October next. We are extending the dead-line, for the
aforesaid reasons and in order to remove all excuses, to the said I October, by
way of a final postponement; and we grant and assign this anew. Once the
dead-line has passed, however, proceedings will go forward at the next session
to other matters and to the conclusion of the said business, even by means of a
definitive sentence, notwithstanding their obstinacy and refusal to appear.
This next eleventh session we summon for these and many other useful matters.
with the approval of the sacred council, for 14 December after the next feast
day of St Lucy. Let nobody therefore ... If anyone however .. .
SESSION 11
19 December 1516
[On how to preach]
Leo, bishop, servant of the
servants of God, with the approval of the sacred council, for an everlasting
record. Under the protection of the supreme majesty by whose ineffable
providence things in heaven and on earth are guided, as we carry out the office
of watchman over the Lord's flock committed to us, insofar as this is granted
to our weakness, we reflect within ourselves in great depth that, among many
other important matters, the office of preaching is also our concern. Preaching
is of the first importance, very necessary and of great effect and utility in
the church, so long as it is being exercised rightly, from genuine charity
towards God and our neighbour, and according to the precepts and examples of
the holy fathers, who contributed a great deal to the church by publicly
professing such things at the time of the establishment and propagation of the
faith . For, our redeemer first did and taught, and by his command and example,
the college of twelve apostles -- the heavens alike proclaiming the glory of
the true God through all the earth -- led back from darkness the whole human
race, which was held by the old bondage under the yoke of sin, and guided it to
the light of eternal salvation. The apostles and then their successors
propagated far and wide and rooted deeply the word itself through all the earth
and unto the ends of the world. Therefore those who are now carrying this
burden ought to remember and frequently reflect that they in turn, with respect
to this office of preaching, are entering into and maintaining that succession
of the author and founder of this office, Jesus Christ our most holy redeemer,
of Peter and Paul, and of the other apostles and disciples of the Lord .
We have learnt from
trustworthy sources that some preachers in our times (we record this with
sorrow) do not attend to the fact that they are carrying out the office of
those we have named, of the holy doctors of the church and of others professing
sacred theology, who, ever standing by Christians and confronting false
prophets striving to overturn the faith, have shown that the church militant
remains unimpaired by her very nature; and that they ought to adopt only what
the people who flock to their sermons will find useful, by means of reflection
and practical application, for rooting out vices, praising virtues and saving
the souls of the faithful. Reliable report has it, rather, that they are
preaching many and various things contrary to the teachings and examples which
we have mentioned, sometimes with scandal to the people. This fact influences
our attitude very deeply when we reflect within ourself that these preachers,
unmindful of their duty, are striving in their sermons not for the benefit of
the hearers but rather for their own self-display. They flatter the idle ears
of some people who seem to have already reached a state that would make true
the words of the Apostle writing to Timothy: For, a time is coming when people
will not endure sound teaching but, having itching ears, they will accumulate
for themselves teachers to suit their own likings, and will turn away from
listening to the truth and wander into myths . These preachers make no attempt
whatever to lead back the deceived and empty minds of such people to the path
of right and truth. Indeed, they involve them in even greater errors. Without
any reverence for the testimony of canon law, indeed contrary to canonical
censures, twisting the sense of scripture in many places, often giving it rash
and false interpretations, they preach what is false; they threaten, describe
and assert to be present, totally unsupported by legitimate proofs and merely
following their own private interpretation, various terrors, menaces and many
other evils, which they say are about to arrive and are already growing; they
very often introduce to their congregations certain futile and worthless ideas
and other matters of this nature; and, what is more appalling, they dare to
claim that they possess this information from the light of eternity and by the
guidance and grace of the holy Spirit .
When these preachers spread
this medley of fraud and error, backed by the false testimony of alleged
miracles, the congregations whom they ought to be carefully instructing in the
gospel message, and retaining and preserving in the true faith, are withdrawn
by their sermons from the teaching and commands of the universal church. When
they turn aside from the official sacred teachings, which they ought
particularly to follow, they separate and move far from salvation those who
listen to them. For, as a result of these and similar activities, the less
educated people, as being more exposed to deceit, are very easily led into
manifold errors, as they wander from the path of salvation and from obedience
to the Roman church. Gregory, therefore, who was outstanding in this task,
moved by the warmth of his charity, gave a strong exhortation and warning to
preachers that, when about to speak, they approach the people with prudence and
caution lest, caught up in the enthusiasm of their oratory, they entangle the
hearts of their hearers with verbal errors as if with nooses, and while perhaps
they wish to appear wise, in their delusion they foolishly tear asunder the
sinews of the hoped-for virtue. For, the meaning of words is often lost when
the hearts of the audience are bruised by too urgent and careless forms of
speech .
Indeed, in no other way do
these preachers cause greater harm and scandal to the less educated than when
they preach on what should be left unspoken or when they introduce error by
teaching what is false and useless. Since such things are known to be totally
opposed to this holy and divinely instituted religion, as being novelties and
foreign to it, it is surely just for them to be examined seriously and
carefully, lest they cause scandal for the christian people and ruin for the
souls of their authors and of others. We therefore desire, in accord with the
word of the prophet, Who makes harmony dwell in the house, to restore that
uniformity which has lost esteem, and to preserve such as remains, insofar as
we can with God's help, in the holy church of God, which by divine providence
we preside over and which is indeed one, preaches and worships one God and
firmly and sincerely professes one faith. We wish that those who preach the
word of God to the people be such that God's church suffers no scandal from
their preaching. If they are amenable to correction, let them abstain in future
from these matters into which they have recently ventured. For it is clear
that, in addition to the points which we have mentioned, a number of them are
no longer preaching the way of the Lord in virtue and are not expounding the
gospel, as is their duty, but rather invented miracles, new and false
prophecies and other frivolities hardly distinguishable from old wives' tales.
Such things give rise to great scandal since no account is taken of devotion
and authority and of its condemnations and rejections. There are those who make
attempts to impress and win support by bawling everywhere, not sparing even
those who are honoured with pontifical rank and other prelates of the church,
to whom they should rather be showing honour and reverence. They attack their
persons and their state of life, boldly and without discrimination, and commit
other acts of this kind. Our aim is that so dangerous and contagious an evil
and so mortal a disease may be thoroughly wiped out and that its consequences
may be so completely swept away that not even its memory remains .
We decree and ordain, with
the approval of the sacred council, that nobody -whether a secular cleric or a
member of any of the mendicant orders or someone with the right to preach by
law or custom or privilege or otherwise -- may be admitted to carry out this
office unless he has first been examined with due care by his superior, which
is a responsibility that we lay on the superior's conscience, and unless he is
found to be fit and suitable for the task by his upright behaviour, age,
doctrine, honesty, prudence and exemplary life. Wherever he goes to preach, he
must provide a guarantee to the bishop and other local ordinaries concerning
his examination and competence, by means of the original or other letters from
the person who examined and approved him. We command all who undertake this
task of preaching, or will later undertake it, to preach and expound the gospel
truth and holy scripture in accordance with the exposition, interpretation and
commentaries that the church or long use has approved and has accepted for
teaching until now, and will accept in the future, without any addition contrary
to its true meaning or in conflict with it. They are always to insist on the
meanings which are in harmony with the words of sacred scripture and with the
interpretations, properly and wisely understood, of the doctors mentioned
above. They are in no way to presume to preach or declare a fixed time for
future evils, the coming of antichrist or the precise day of judgment; for
Truth says, it is not for us to know times or seasons which the Father has
fixed by his own authority. Let it be known that those who have hitherto dared
to declare such things are liars, and that because of them not a little
authority has been taken away from those who preach the truth .
We are placing a
restriction on each and all of the said clerics, secular and regular and others,
of whatever status, rank or order, who undertake this task. In their public
sermons they are not to keep on predicting some future events as based on the
sacred writings, nor presume to declare that they know them from the holy
Spirit or from divine revelation, nor that strange and empty predictions are
matters which must be firmly asserted or held in some other way. Rather, at the
command of the divine word, let them expound and proclaim the gospel to every
creature, rejecting vices and commending virtues. Fostering everywhere the
peace and mutual love so much commended by our Redeemer, let them not rend the
seamless garment of Christ and let them refrain from any scandalous detraction
of bishops, prelates and other superiors and of their state of life. Yet these
they rebuke and hurt before people generally, including the laity, not only
heedlessly and extravagantly but also by open and plain reproof, with the names
of the evildoers sometimes being stated by them .
Finally, we decree that the
constitution of pope Clement of happy memory beginning Religiosi, which we
renew and approve by this present decree, must be observed by preachers without
alteration, so that, preaching in these terms for the people's advantage and
winning them for the Lord, they may deserve to gain interest on the talent
received from him and to win his grace and glory. But if the Lord reveals to
certain of them, by some inspiration, some future events in the church of God,
as he promises by the prophet Amos and as the apostle Paul, the chief of
preachers, says, Do not quench the Spirit, do not despise prophesying, we have
no wish for them to be counted with the other group of story-tellers and liars
or to be otherwise hindered. For, as Ambrose bears witness, the grace of the
Spirit himself is being extinguished if fervour in those beginning to speak is
quietened by contradiction. In that case, a wrong is certainly done to the holy
Spirit. The matter is important inasmuch as credence must not be easily given
to every spirit and, as the Apostle states, the spirits have to be tested to
see whether they come from God. It is therefore our will that as from now, by
common law, alleged inspirations of this kind, before they are published, or
preached to the people, are to be understood as reserved for examination by the
apostolic see. If it is impossible to do this without danger of delay, or some
pressing need suggests other action, then, keeping the same arrangement, notice
is to be given to the local ordinary so that, after he has summoned three or
four knowledgeable and serious men and carefully examined the matter with them,
they may grant permission if this seems to them to be appropriate. We lay the
responsibility for this decision on their consciences .
If any persons dare to
carry through anything contrary to any of the above, it is our will that, in
addition to the punishments set down against such persons by law, they incur
the penalty of excommunication from which, except at the imminent approach of
death, they can be absolved only by the Roman pontiff . In order that others
may not be urged on by their example to try similar acts, we decree that the
office of preaching is forbidden to such persons for ever; notwithstanding
constitutions, ordinances, privileges, indults and apostolic letters for
religious orders and the aforesaid persons, including those mentioned in Mare
magnum, even if perchance they have been approved, renewed or even granted anew
by us, none of which in this matter do we wish to support at any point in their
favour. Let nobody therefore ... If anyone however.. .
[Bull containing agreements
between the pope and the most christian king of France, on the Pragmatic]
Leo, bishop, servant of the
servants of God, with the approval of the sacred council, for an everlasting
record. In accord with the dispensation of the divine mercy by which kings
reign and princes rule, established as we are despite our lack of merit in the
lofty watch-tower of the apostolate and set over nations and kingdoms, we
ponder how permanent force and effect may be given to the things which have
been granted, carried out, established, ordained, decreed and done by our
praiseworthy and prudent arrangement, in union with our venerable brothers, the
cardinals of the holy Roman church, for the wholesome and peaceful government
of kingdoms and for the peace and justice of peoples, especially with regard to
rulers who are well-deserving of the catholic faith, the christian state and
the apostolic see. Nevertheless, we sometimes add the force of our renewed
approval to such things, with the approval of the sacred council, so that these
things may persist with greater steadiness in an undamaged state the more often
they are strengthened by our authority as well as by the protection of a
general council. We readily supply effective care for the preservation of such
things in order that the kings and peoples of the kingdoms in question, full of
gladness in the Lord because of such concessions, privileges, statutes and
regulations, may rest together in the sweetness of peace, quiet and delight and
may persevere more fervently in their accustomed devotion to the same see .
Recently, in order that the
church, our spouse, might be kept in a holy union and use might be made by
Christ's faithful of the sacred canons issued by Roman pontiffs and general
councils, we ordained and decreed, with the unanimous advice and consent of our
said brothers, the cardinals of the holy Roman church certain constitutions
that had been treated with our dearly beloved son in Christ, Francis, the most
christian king of France, while we were at Bologna with our curia, and which
were to take the place of the Pragmatic Sanction and the things contained in it
for the sake of peace and harmony in the kingdom of France and for the general
and public advantage of the kingdom. These constitutions were carefully
examined by our said brothers, agreed upon with the said king on their advice,
and accepted by a legitimate procurator of the king. Their contents are
contained rather fully in our letter which follows, Primitiva illa ecclesia . .
. {Msi 32, 948-963, Raccolta di concordati su materie ecclesiastiche tra la
Santa Sede e le autorita civili, edited by A. Mercati. I Rome. 1954. 233-25}
The letter has been
published chiefly in order that continuing charity and unbroken peace may abide
in the mystical body, the church, and that any dissenting members may be
re-grafted into the body in a convenient way. The letter will be better
observed according as it is more clearly established that it has been approved
and renewed by us, after mature and healthy consideration, with the approval of
the said Lateran council. Although there is no need of another approval for the
validity and reality of the same letter, however, to provide an ampler surety
so that observance may be firmer and abolition more difficult, greater strength
will be given to it by the approval of so many fathers. Therefore, with the
approval of the sacred Lateran council, by apostolic authority and fullness of
power, we approve and renew, and order to be observed and maintained in their
totality and without change, the said letter together with each and every
statute, ordinance, decree, explanation, agreement, compact, promise, wish,
penalty, restraint and clause contained in it; especially the clause by which
it was our will that if the said king of France does not approve and ratify the
aforesaid letter, and each and every thing contained in it, within six months
from the date of this present letter, and does not arrange for the contents to
be read, published, sworn to and registered, like all other royal constitutions
in his kingdom and in all other places and lordships of the said kingdom, for
all future time without limit, by all the prelates and other ecclesiastical
persons and courts of parlements, and if he does not convey to us, within the
said six months, letters patent or authentic written documents concerning each
and all of the aforesaid matters about the acceptance, reading, publication,
oath and registration referred to, or does not deliver them to our nuncio
attached to the king, in order to be passed on by him to us, and does not
subsequently arrange for the letter to be read each year and effectively
observed without alteration exactly as other binding constitutions and
ordinances of the king of France have to be observed, then the letter itself
and whatever follows from it are null and void and of no force or value .
We decree and declare that
the enduring effect only continues in the event of the said ratification and
approval, and not otherwise or in any other way, and that all who are included
in the said letter, regarding the observance of the actual letter and of each
and every thing set down in it, are bound and obliged by the censures and
penalties and other things contained in it, in accordance with the meaning and
form of the same letter. This is notwithstanding apostolic constitutions and
ordinances, all those things which we did not wish to oppose in the and any
other things of any kind to the contrary. Let nobody If anyone however.. .
[On the abrogation of the
Pragmatic Sanction]
Leo, bishop, servant of the
servants of God, with the approval of the sacred council, for an everlasting
record. The eternal Father, who will never abandon his flock up to the close of
the age, so loved obedience, as the Apostle testifies, that to make expiation
for the sin of disobedience of the first parent, he humbled himself and became
obedient unto death. Moreover, when he was about to depart from the world to
the Father, he established Peter and his successors as his own representatives
on the firmness of a rock. It is necessary to obey them as the book of the
Kings testifies, so that whoever does not obey, incurs death . As we read in
another place, the person who abandons the teaching of the Roman pontiff cannot
be within the church; for, on the authority of Augustine and Gregory, obedience
alone is the mother and protector of all virtues, it alone possessing the
reward of faith. Therefore, on the teaching of the same Peter, we ought to be
careful that what has been introduced in due season and for sound reasons by
our predecessors the Roman pontiffs, especially in sacred councils, for the
defence of obedience of this kind, of ecclesiastical authority and freedom, and
of the apostolic see, should be duly discharged by our effort, devotion and
diligence and be brought to the desired conclusion. The souls of the simple, of
whom we shall have to render an account to God, are to be freed from the
deceits and snares of the prince of darkness. Indeed, our predecessor of happy
memory, pope Julius II, summoned the sacred Lateran council for lawful reasons
which were then made clear, on the advice and with the consent of his venerable
brothers, the cardinals of the holy Roman church, among whom we were then
numbered. Together with the same sacred Lateran council, he pondered on the
fact that the corruption of the kingdom of France at Bourges, which they call
the Pragmatic Sanction, had been strong in the past and was still vigorous,
resulting in very great danger and scandal to souls, and a loss and cheapening
of respect for the apostolic see. He therefore entrusted discussion of the
Pragmatic Sanction to specifically named cardinals and to the prelates of a
certain congregation .
Although the aforesaid
sanction should clearly be subject to nullity on many counts, and was
supporting and preserving open schism, and therefore it could have been
declared to be essentially of no effect, null and invalid, without the need for
any preceding formal citation, yet, from a great sense of caution, our same
predecessor Julius, by a public edict -- which was to be fixed to the church
doors of Milan, Asti and Pavia, since there was then no safe access to France
-gave warning and summoned the prelates of France, the chapters of churches and
monasteries, the parlements and the layfolk supporting them and making use of
the said sanction, and each and all of the rest who were thinking that there
was some advantage for them in the foregoing individually or collectively, to
appear before him and the said council within a fixed period, which was then
clearly stated, and to declare the reasons why the aforesaid sanction, and its
corruptive and abusive effect in matters touching on the authority of the Roman
church and the sacred canons, and on the violation of ecclesiastical liberty
should not be declared null and invalid. During the lifetime of the said Julius
our predecessor, various obstacles made it impossible to implement the summons
or to discuss fully the business of the abrogation, as had been his intention .
After his death, however, the summons, in full lawful form, was again brought
forward by the promoter of the sacred council, the procurator fiscal. Those
summoned and not presenting themselves were accused of obstinacy and the
request was made for matters to be taken further. At the time we, who have been
brought to the highest peak of the apostolate by the favour of the divine mercy
after duly considering the whole situation, gave no response to the request,
for definite reasons. Later, when a variety of impediments were being alleged
by the said persons who had been warned and summoned, as to why they had been
unable to present themselves at the appointed time (as stated above), we
postponed, several times at several sessions, with the approval of the sacred
council the date fixed by the said summons and warning to later dates, which
have now long gone past, so that all occasion for just excuse and complaint
might be taken away from them .
Although all obstacles have
been removed and all dead-lines have passed nevertheless the aforesaid persons,
despite being warned and summoned, have not appeared before us and the said
council, nor taken any steps to appear, in order to bring forward a reason why
the said sanction should not be declared null. There is therefore no longer
room for any excuse. They can justly be regarded as obstinate; as indeed, by
the demands of justice, we reckoned them to be. We are therefore thinking
seriously about this Pragmatic Sanction, or rather corruption, as has been
stated, which was issued at the time of the schism by those who did not have
the necessary power, and which is not at all in accord with the rest of the
christian state or with God's holy church. It was revoked, made void and
abolished by the most christian king of France, Louis XI, of distinguished
memory. It damages and lessens the authority, liberty and dignity of the
apostolic see. It completely removes the power of the Roman pontiff to provide
both cardinals of the holy Roman church, who work earnestly on behalf of the
universal church, and learned men, with churches, monasteries and other
benefices, in accordance with the demands of their status, even though such persons
are numerous in the curia and it is by their counsel that the authority and
power of the apostolic see, the Roman pontiff and the whole church is kept safe
and its affairs guided and promoted into a prosperous state. Thus it offers
excuses to church prelates of the aforesaid faction for breaking and violating
the sacred nerve of obedience to ecclesiastical discipline and for setting up
opposition against us and the apostolic see, their mother, and it opens the way
for them to attempt such things. Clearly it is subject to nullity and is to be
supported by no prop except of a temporary nature, or rather, of a kind of
tolerance. Our predecessors as Roman pontiffs, for all their high hopes
expressed in their own days, may have seemed to have tolerated this corruption
and abuse, not being able to confront it completely either because of the evil
nature of the times or because they were providing for it in some other way. We
remember, however, that almost seventy years have passed since the publication
of this sanction of Bourges, and that no council has been lawfully held within
this time except the present Lateran council. Since we have been placed in this
council by the Lord's disposition, we therefore judge and resolve, with
Augustine as our witness, that we cannot refrain or desist from the eradication
and total annulment of the same vile sanction if we are to avoid disgrace to
ourself and to the many fathers assembled in the present council as well as to
avoid danger to our own soul and those of the above-mentioned persons using it
.
Just as pope Leo I, our
predecessor of holy memory, whose footsteps we readily follow insofar as we
can, gave orders and brought to pass that the measures which had been rashly
carried out at the second synod of Ephesus, contrary to justice and the
catholic faith, were later revoked at the council of Chalcedon, for the sake of
the constancy of the same faith, so we too judge that we cannot, or ought not
to, withdraw from or abandon the revocation of so evil a sanction and its
contents if we are to preserve our own honour, and that of the church, with a
safe conscience. The fact that the sanction and its contents were published at
the council of Basel and, at the instance of the same council, were received
and recognised by the meeting at Bourges, ought not to influence us since all
those happenings after the transfer of the same council of Basel took place --
the transfer being made by pope Eugenius IV, our predecessor of happy memory --
have remained the deeds of the quasi-council, or rather the conventicle, of
Basel. For, especially after that transfer, it did not deserve to be called a
council any more and therefore its acts could not have any force. For it is
clearly established that only the contemporary Roman pontiff, as holding
authority over all councils, has the full right and power to summon, transfer
and dissolve councils. This we know not only from the witness of holy
scripture, the statements of holy fathers and our predecessors as Roman
pontiffs, and the decisions of the sacred canons, but also from the
declarations of the same councils. Some of this evidence we have decided to
repeat, and some to pass over in silence as being sufficiently well known .
Thus we read that the synod
of Alexandria, at which Athanasius was present, wrote to Felix, bishop of Rome,
that the council of Nicaea had decided that councils ought not to be celebrated
without the authority of the Roman pontiff . Pope Leo I transferred the second
council of Ephesus to Chalcedon. Pope Martin V authorised his presidents at the
council of Siena to transfer the council with no mention being made of the
council's consent. The greatest respect was shown to our predecessors as Roman
pontiffs: to Celestine by the first synod of Ephesus; to the said Leo by the
synod of Chalcedon; to Agatho by the sixth synod; to Hadrian by the seventh
synod; and to Nicholas and Hadrian by the eighth synod, of Constantinople.
These councils submitted with reverence and humility to the instructions and
commands of the same pontiffs which had been composed and issued by them in the
sacred councils. Moreover, pope Damasus and the other bishops assembled at
Rome, writing to the bishops at Illyricum about the council at Rimini, pointed
out that the number of bishops assembled at Rimini counted for nothing since it
was known that the Roman pontiff, whose decrees were to be preferred before all
others, had not given his consent to their meeting. It appears that pope Leo I
said the same when writing to all the bishops of Sicily. It was customary for
the fathers of the ancient councils humbly to ask for and obtain a warrant and
approbation from the Roman pontiff in order to corroborate the matters dealt
with in their councils . This is clear from the synods and their acts held at
Nicaea, Ephesus, Chalcedon, the sixth synod at Constantinople, the seventh at
Nicaea, the Roman synod under Symmachus and the synods in Haimar's book. We
would certainly be without these recent troubles if the fathers at Bourges and
Basel had followed this laudable custom, which it is known that the fathers at
Constance also finally adopted .
We desire this matter to be
brought to its proper conclusion. We are proceeding on the strength of the many
citations issued by us and our said predecessor Julius, and of the other things
mentioned above which are so notorious that they cannot be hidden by any
excuses or evasions, as well as in virtue of our pastoral office. We are
supplying for each and every defect, both of law and of fact, if perchance any
happen to exist in the above. We judge and declare, from our certain knowledge
and from the fullness of apostolic power, with the approval of the same sacred
council, by the contents of the present document, that the aforesaid Pragmatic
Sanction or corruption, and its approbations however issued, and each and every
decree, chapter, statute, constitution or ordinance that is included, or even
inserted, in any way in the same and has been published by others, as well as
the customs, expressions and uses, or rather abuses, in any way resulting from
it and observed until the present, have been and are of no force or value. In
addition, for a more extensive safeguard, we revoke, make void, abrogate,
quash, annul and condemn that same sanction or corruption of Bourges and its
approval, whether expressed or tacit, as said above, as well as each and every
thing of whatever nature included or even inserted in it, and we judge, declare
and will them to be considered as of no effect, revoked, made void, abrogated,
quashed, annulled and condemned. Moreover, since subjection to the Roman
pontiff is necessary for salvation for all Christ's faithful, as we are taught
by the testimony of both sacred scripture and the holy fathers, and as is
declared by the constitution of pope Boniface VIII of happy memory, also our
predecessor, which begins Unam sanctam, we therefore, with the approval of the
present sacred council, for the salvation of the souls of the same faithful,
for the supreme authority of the Roman pontiff and of this holy see, and for
the unity and power of the church, his spouse, renew and give our approval to
that constitution, but without prejudice to the declaration of pope Clement V
of holy memory, which begins Meruit .
In virtue of holy obedience
and under the penalties and censures to be declared below, we forbid each and
all of Christ's faithful, both laity and secular clergy, and regulars of
whatever order including mendicants, and other persons without restriction, of
no matter what status, rank or condition they may be, including cardinals of
the holy Roman church, patriarchs, primates, archbishops, bishops, and any
others distinguished by ecclesiastical or worldly or any other honour, and each
and all other prelates, clerics, chapters, secular convents, regulars of the
aforesaid orders, including abbots and priors of monasteries, dukes, counts,
princes, barons, parlements, royal officials, judges, advocates, notaries and
scribes, both ecclesiastical and secular, and any other regular or secular
ecclesiastics in any high office, as said above, who are now or shall be living
in the said kingdom of France and the Dauphine and wherever the said Pragmatic
has been in force directly or indirectly, silently or openly, to presume to
make use of the aforesaid Pragmatic Sanction, or rather corruption, in any way
or for any reason, by keeping silence or by clear speech, directly or
indirectly, or by any other excuse or clever evasion, in any judicial or
extrajudicial acts, or even to appeal to it or make judgments on its terms, or
to quash, by themselves or through another or others, any judicial or
extra-judicial acts on the grounds of the general meaning of the said sanction
or of parts of it, and they may not permit or order these things to be done by
means of others. They are not to keep the aforesaid Pragmatic Sanction, or
sections or decrees contained in it, in their own houses or in other public or
private places. Indeed, they are to destroy it, or have it destroyed, in
archives, including royal and capitular ones, and in the above-mentioned places
within six months from the date of this present letter .
The penalties to be
incurred, automatically and without the need for any further declaration, for
each and all of the aforesaid persons, if they act to the contrary (though may
they not!), are immediate major excommunication, the incapacity for all and
singular legal acts of any kind, being branded as infamous, and the penalties
expressed in the law of treason; in addition for the aforesaid ecclesiastical
and religious persons, the loss of all patriarchal, metropolitan and other
cathedral churches, of all monasteries, priories and convents, and of all
secular dignities and ecclesiastical benefices, as well as the inability to
hold them in the future; and in addition for secular persons, the loss of any
fiefs held for any reason from the Roman or some other church, and the
inability to hold them in the future. They cannot be absolved from these
penalties by any faculty or by clauses contained in privileges regarding the
hearing of confessions, no matter by what persons or verbal formulae they may
have been granted. Except when at the point of death, they can only be absolved
by the Roman pontiff acting canonically or by someone else having a faculty
from him specifically for that purpose .
By the knowledge, power and
statements mentioned above we expressly and specifically repeal anything to the
contrary. This is notwithstanding anything mentioned above as well as
constitutions, ordinances, decrees and statutes, however they may have been
published and granted, and frequently renewed, repeated, confirmed and
approved, as enduring in their force, by apostolic or any other authority, even
conciliar authority and even by our certain knowledge and fullness of apostolic
power, the tenor of all of which we regard as sufficiently expressed and
included, for the purposes of the above, as if they had been inserted herein
word for word; notwithstanding if the apostolic see has granted to any
communities and universities, and any individual persons mentioned above, even
if they are the aforesaid cardinals, patriarchs, archbishops, bishops,
marquises and dukes, or any others, whether individually or communally, that
they cannot be interdicted, suspended, excommunicated, deprived or
incapacitated by apostolic letters which do not make full and express mention,
word for word, of the indult in question; and notwithstanding any other general
or special privileges, indulgences and apostolic letters, of whatever tenor
they may be, by means of which, because they are not expressed or included in
whole in the present letter, the effect of the above might be impeded or
deferred in any way, since special mention of their contents is to be regarded
as included, word for word, in this our letter. Let nobody therefore .. . If
anyone however .. .
[On religious and their
privileges]
Leo, bishop, servant of the
servants of God, with the approval of the sacred council, for an everlasting
record. We consider and diligently ponder the hardworking and anxious zeal, and
the unending labours for the glory of the divine name, for the triumph of the
catholic faith and the preservation of the church's unity, and for the training
and salvation of the souls of the faithful, which are carried on by bishops and
their superiors, who have been placed by the apostolic see at the head of their
churches in different parts of the world, as well as by the friars of the
different orders, especially the mendicant orders, who are engaged without
respite or rest. So great is the satisfaction that has reached our heart, as a
result of their fruitful labours in the Lord's vineyard and their opportune and
praiseworthy actions, that we are devoting every effort to encourage the things
which we know to contribute to the preservation of peace and quiet among them.
We are conscious that the bishops have become partners in our anxiety . Ambrose
bears witness that their distinction and greatness have no possible equal. We
also know that religious have done much in the field of the Lord for the
defence and advance of the christian religion and that they have produced and
are daily producing abundant fruit. Consequently all of the faithful are aware
that the good works of these bishops and religious have enabled the true faith
to make progress and to spread everywhere throughout the world .
These men have likewise not
hesitated on innumerable occasions, with much dedication and competence, to
destroy the schisms in God's church, to bring unity to that church and to
undergo innumerable pains so that the same church might gain the quiet of
peace. Therefore it is just that we direct our efforts so to unite them to one
another by the bond of peace and by a fraternal unity and charity that, linked
in unity of doctrine and actions, they may foster more abundant fruits in God's
church. The exercise of spiritual rights, which concern the glory of God and
the salvation of the souls of Christ's faithful, has been entrusted to bishops
and their superiors in their respective dioceses, since they have been chosen
to be sharers of our burden, as we have already said, and since dioceses with
defined boundaries have been assigned to each of the bishops. We truly desire,
then, that these spiritual rights be exercised by the bishops, and that the
right of freely exercising them be truly, as far as possible, kept intact for
them. If our predecessors as Roman pontiffs and the apostolic see have granted
any such spiritual rights to the said mendicant friars to the harm of the
bishops we consider that such concessions made to religious ought in future to
be limited, so that the friars themselves will be supported in all charity by
the said bishops rather than be troubled and disturbed. For, regulars and
seculars, prelates and subjects, exempt and non-exempt, belong to the one
universal church, outside of which no one at all is saved, and they all have
one Lord and one faith. That is why it is fitting that, belonging to the one
same body, they also have the one same will; and just as the brethren are
united by the bond of mutual charity, so it is not fitting that they arouse
among themselves injustice and hurt, since the Saviour says, My commandment is
that you love one another as I have loved you .
We wish to preserve charity
and mutual goodwill among bishops, their superiors, prelates and friars, as
well as to promote divine worship and the peace and tranquillity of the
universal church. We know this can be done only if each preserves as far as
possible his own jurisdiction. We have therefore decided and decreed, with the
approval of the sacred council, that the said bishops, their superiors and other
prelates may visit the parish churches which legitimately belong to the same
friars by reason of their residences, with regard to what concerns the care of
the parishioners and the preservation and administration of the sacraments,
without however the exceptional trouble and expense of official visitors. They
may punish those responsible for the churches and failing in this matter: if
they are religious, then in accordance with the rules of their order within the
precincts of the religious house, if they are secular priests or friars who
hold benefices of this kind, then they may freely punish them as being subject
to their jurisdiction. Both prelates and secular priests who are not
excommunicated may celebrate masses out of devotion in the churches of the said
religious houses, if they wish to do so, and the friars themselves ought to
welcome them. Friars who are invited by the same prelates to take part in
solemn processions ought to agree, provided the suburban friary in question is
not more than a mile away from the city .
The friars' superiors are
bound to specify and present in person to the same prelates the friars whom
they have chosen to hear for a time the confessions of the prelate's subjects,
if the prelates ask for them to be specified and presented to them; if not,
then to their vicars; with the condition that they are not bound to go to
prelates who are more than two days' journey away. The friars in question may
be examined by the same bishops and prelates, at least regarding the sufficiency
of their learning and their other skills relative to this sacrament. If they
are accepted, or if the refusal is unjust, then, in accordance with the
constitution Omnis utriusque sexus, let them be considered as accepted at least
as regards confession, and they can even hear the confessions of strangers.
They have no power, however, to absolve layfolk and secular clergy from
manimposed penalties. They may not administer the eucharist and extreme unction
and the church's other sacraments to those whose confessions they have heard,
including the sick and the dying, who say that their own priest has refused to
give the sacraments to them, unless the refusal was made without a just reason
and this is proved by the testimony of neighbours or by an investigation carried
out before a pubic notary. They have no authority to administer these
sacraments to persons requesting their ministrations except during a period of
actual service to them. Temporary agreements and contracts between friars and
prelates or curates are valid unless they are rejected by the next general or
provincial chapter and the rejection is duly communicated by the chapter.
Friars may not enter parishes bearing a cross in order to carry out the
funerals of those who have chosen to be buried at the churches of their houses
or institutions, unless the parish priest, having received due notice and a
request, does not refuse, and in that case without prejudice to himself and the
ordinary; or unless there is an ancient custom on this point with the friars,
which is currently in force and is mutually agreed upon. Those who wish to be
buried in the habit of the said friars, but who live in their own houses and
not in enclosure, are free to choose a burial place for themselves in their
last wills .
Friars due to be promoted
to orders are to be examined by the ordinaries on grammar and their competence.
Provided they answer adequately, they ought to be readily admitted by the
ordinaries. They may not, however, be ordained in their churches or houses or
other places by anyone except the diocesan bishop or his deputy (the latter is
to be asked with due reverence), unless the bishop refuses on insufficient
grounds or is absent from his diocese. They should not ask for the consecration
of a church or an altar, or the blessing of a cemetery, from another bishop;
and they may not arrange for the first stone of a church being built for them
to be laid by a strange bishop, unless the ordinary refuses without any just
reason after he has been asked two or three times with due reverence and
urgency. Friars may not bless a bride and bridegroom without the consent of
those in charge of the parish. In order to render to the mother church the
honour due to her, friars and secular clerics may not ring the bells of their
churches on Holy Saturday before those of the cathedral or mother church have
been rung, even if they are supported on this point by a privilege of the
apostolic see. Those acting otherwise incur a penalty of one hundred ducats.
They are to publish and observe in the churches of their own houses the
censures which are imposed promulgated and solemnly published by the ordinaries
in the mother churches of cities as well as in the collegiate and parish
churches of castles and towns, when they are asked to do this by the same
ordinaries. To provide more fruitfully for the salvation of the souls of
Christ's faithful of both sexes, they are obliged to advise and encourage those
whose confessions they have heard for a time, no matter of what standing or
status they may be, that they are bound in conscience to pay tithes, or a
portion of their goods or produce, in those places where such tithes or dues
are customarily paid; and they are obliged to refuse absolution to those who
will not pay them. They are bound, moreover, to include this in their public
preaching and exhortations to the people when they are asked to do so .
The conservators assigned
for a time to the same friars by the apostolic see ought to be outstanding in
learning and good reputation and of established ecclesiastical rank. They
cannot oblige to appear before them anyone living more than two days' journey
away, notwithstanding any privileges granted to the conservators at other
times. Excommunicated persons wishing to enter a mendicant order cannot be absolved
when the interests of a third party are involved, unless satisfaction has
previously been made. Procurators, business agents and workers in the service
of the said friars are subject to sentences of excommunication which have been
promulgated, if they have given cause for them or have offered help, favour or
advice to the guilty. Brothers and sisters of the third order, and those known
as the cloaked ones, the girdled ones and the devotees, and others no matter
how named, living in their own homes, can choose whatever place of burial they
wish. They are bound, however, to receive the eucharist at Easter as well as
extreme unction and the other sacraments of the church, with the exception of
the sacrament of penance, from their own priest . They are obliged to undertake
the tasks incumbent upon the laity, and they can be brought before lay judges
in a secular court. To avoid the cheapening of ecclesiastical censures, and
sentences of interdict being regarded as of little importance, members of the
said third orders are in no way to be admitted to hear divine services in the
churches of their orders during a period of interdict, if they have given
grounds for the interdict or encouraged or supported those grounds, or if they
have in any way offered help, counsel or favour to the guilty . But those
living in an official group, or dwelling with the enclosed, and women who are
leading a life of virginity, celibacy or chaste widowhood under an expressed
vow and with a habit, ought to enjoy the privileges of the order of which they
are tertiaries .
We wish and decree that
each and all of the above norms are to be extended to and observed by, all
other religious of other orders. In matters not mentioned above, the rights of
the said bishops and friars and other religious are to be maintained. We do not
wish to prejudice these rights in any way by the above statements, or to
introduce anything new. This is notwithstanding apostolic constitutions and
ordinances; statutes and customs of the said orders which have been
strengthened by oath, apostolic confirmation or any other form of
reinforcement; and privileges, indults and apostolic letters which have been
granted to the same orders and are contrary to what has been set down above or
to any part of it, even what was included in Mare magnum. If there is required
a mention or other statement that is special, specific, clear, distinctive,
word for word, and not by general clauses, regarding these things and their
meaning, or if some other carefully chosen form should be used, in order that
they might be abrogated, then we consider their meaning to be sufficiently
expressed and included in this present letter, we expressly and specially
abrogate anything to the contrary, and we decree as null and void anything that
is knowingly or unknowingly attempted to the contrary in these matters by any
person acting on any authority .
We warn the friars, in
virtue of holy obedience, to revere bishops with fitting honour and due
respect, out of the reverence owed to us and the apostolic see, since they act
as deputies in place of the holy apostles. As for bishops, we urge and appeal
by the tender mercy of our God that, while attending to the friars with
well-disposed affection, treating them with kindness and encouraging them, they
present themselves to them as in no sense difficult or hard or peevish, but
rather as easy, mild, well-disposed and liberal in loving generosity, and that
in all the above-mentioned matters they welcome them with ready kindness as
co-workers in the Lord's vineyard and as sharers in their labours, and that
they guard and defend their rights with all charity, so that both bishops and
friars, whose works as burning lamps set on a hilltop ought to provide light to
all Christ's faithful, may move forward from strength to strength for the glory
of God, the triumph of the catholic faith and the salvation of peoples, and in
consequence deserve to obtain from the Lord, the most generous recompenser of
all good deeds, the reward of eternal life. Let nobody therefore . . . If
anyone however . . .
SESSION 12
16 March 1517
[Against those attacking
the houses of cardinals]
Leo, bishop, servant of the
servants of God, with the approval of the sacred council, for an everlasting
record. Certain audacious persons disdain to show the appropriate deference to
the cardinals of the holy Roman church, who are the chief pillars of the
catholic church. They do not fear to lay violent hands, with impious boldness,
on their possessions and properties. Their uncontrolled desire warns and
induces us to strengthen, increase and extend -- in accordance with the
character of the times and with what we perceive in the Lord to be soundly in
keeping with so distinguished an office in God's church -- those measures
which, by wise planning, were established by our predecessors for the
safe-guarding of the high office of the said cardinals, in order that the
boldness of these people may be restrained before it extends even further.
Indeed, there has recently grown up in Rome a damnable abuse and lack of
restraint in wrongdoing. Thus, while there is a vacancy in the apostolic see,
and the election of a future Roman pontiff is actually being discussed by the
cardinals in conclave, if some rumour leaks out, even if false, that one of the
cardinals has been elected as pontiff, the mob attacks his house with arms and
contends by force with his servant-guards, while he is still in the conclave,
over the despoiling of his house . If an entry is forced by breaking down the
doors or digging under the wall, the mob rushes in to plunder all the goods
that are there, unless a defence is made by armed guards. Sometimes there are
some who are so audacious and headstrong that they do not fear even on other
occasions to attack the houses of cardinals in a hostile fashion and with arms,
under the guise of general brawling, and to strike and wound while they are
there, as a result of which there is considerable loss to the honour of the
cardinalate, by which the most holy church militant is fully adorned as by a purple
garment, contempt for the cardinals is aroused, and occasion is given for
murders and other scandals .
We wish to suppress
audacious tendencies of this kind by fitting punishments . We therefore renew
by this letter, with the approval of the sacred council and by our apostolic
authority, the published constitutions of our predecessors as Roman pontiffs,
Honorius III and Boniface VIII of happy memory, against those pursuing any
cardinal of the said church in a hostile manner, those assisting such persons
by their presence, counsel or support, or knowingly harbouring or defending
them, and those attacking their houses or dwellings, as said above, and their
descendants and property. We decree that these constitutions must be observed
everywhere without alteration for all future times. We also extend these same
constitutions, with each and every censure and penalty contained in them, to
each and every living person of whatever status, condition and distinction, who
attacks with an armed band the home of any of the said cardinals, both at the
time of the said conclave, even if the cardinal in question has been elected
pope, and at other times and for any reasons, and who seizes anything in the
house with violence like an enemy or wounds anyone of those dwelling there, and
also their associates and those who have given orders for it to be done, or
have given personal approval to the deed or have provided counsel and support
to the attackers in the above matters and have defended them. This is
notwithstanding apostolic constitutions and ordinances and other measures of
whatever kind to the contrary. Let nobody therefore . . . If anyone however . .
.
[Constitution imposing
taxes and closing the council]
Leo, bishop, servant of the
servants of God, with the approval of the council, for an everlasting record.
We have been set over nations and kingdoms, as the prophet declared, although
our merits are unequal to this. We are suitably carrying out the duty of our
office when we renew again that reform of the whole church and its affairs
which we have accomplished with profit; when we plan to apply suitable remedies
for the unchallenged observance of the reform and to make provision for
cathedrals and metropolitan churches so that they may no longer be without
their pastors; and when we supervise these remedies with ever-present attention
and untiring efforts, by means of which we may be able to render the Lord's
flock, which has been entrusted to our care, acceptable and submissive in the
sight of the divine majesty. Our aim is also to crush the Turks and other
infidels standing firm in the eastern and southern regions. They treat the way
of true light and salvation with complete contempt and totally unyielding
blindness; they attack the life-giving cross on which our Saviour willed to
accept death so that by dying he might destroy death, and by the ineffable
mystery of his most holy life he might restore life; and they make themselves
hateful enemies of God and most bitter persecutors of the christian religion.
Strengthened by defences not only spiritual but also temporal, we may be able,
under God's guidance and favour, to oppose the bitter and frequent sallies by
which, in wild rage, they move savagely amidst christian blood .
Indeed, pope Julius II, our
predecessor of happy memory, acting in union with the holy Spirit, in a
laudable and legitimate manner, for sound reasons, with the advice and consent
of his venerable brothers, the cardinals of the holy Roman church, of whom we
were then one, summoned the sacred Lateran council. He held five sessions and
summoned a sixth. He then passed from the human scene. We were then raised to
the summit of the highest apostolate by the favour of the divine mercy. We had
always had a heartfelt desire, even at lesser meetings, to see a general
council being celebrated as a very important development in the Lord's field.
We realised that an obligation had been added to our honourable and useful
desire as a result of the duty of pastoral care now laid upon us. We therefore
undertook this matter with a more burning commitment and a total readiness of
mind. We gave approval in the said sixth session, with the advice and consent
of our said brother cardinals and with the approval of the same sacred Lateran
council, to the postponement of the council to a fixed date, which was then
clearly stated, for reasons made clear from the situation and for others
affecting our own and the minds of our said brother cardinals. The council was
to continue towards the completion of the objectives for which it had been
summoned; and especially that, once the terrible conflicts between christian
princes and rulers were settled and weapons of war set aside, a universal and
lasting peace could be established. Leaving nothing untried, we intended to use
all our efforts to bring about this peace and to conclude it, as if it were a
good of supreme advantage. We also declared that it is and shall be part of our
unchangeable thought and intention that, once the matters concerning the praise
of God and the exaltation of the aforesaid church have been completed, the holy
and most necessary expedition against the enemies of the catholic faith shall
take place and a successful triumph over them be accomplished with the aid of
the most High. In order that those under an obligation to attend this most
useful council might not be held back in any way from coming to it, and so that
they might be unable to proffer any excuse, we provided and granted, with the
approval of the said Lateran council, to each and all of those summoned to the
celebration of the council by our predecessor Julius, and to their attendants,
a safe-conduct while they were travelling to and staying in Rome for the
purposes of the said Lateran council. We urged kings and princes, out of
reverence for the apostolic see, not to molest those coming here but to permit
them to travel in safety .
We summoned the seventh
session. We wanted nothing more than that those useful and necessary matters on
account of which the said Lateran council had been summoned might be brought to
their conclusion. We therefore set up three special committees of cardinals and
other prelates to listen to and discuss matters of this kind and other
conciliar business, and we ordered them to report to the council on what they
had heard and discussed. One of the committees had the special task of
establishing a universal peace between christian kings and princes, which was
one of the chief reasons for the said council coming together, and of rooting out
the schism; the second had the special task of general reform, including the
reform of the curia; and the third had the special task of examining and
abrogating the Pragmatic Sanction and of dealing with matters concerning the
true faith. Each committee carefully examined many useful and necessary topics
and accurately reported to us about them. The subjects discussed and
investigated by them were completed and concluded by us, with God's favour and
the approval of the sacred council, in the remaining five sessions of the
council which we held. We then knew beyond all doubt that God himself, the
giver of gifts, had favoured our devout desires and those tending to the common
good, out of his exceeding goodness and mercy, and that he had granted to us what
we had planned in our own mind and for which we had greatly laboured namely
that once the matters on account of which the council had been summoned had
been concluded in conformity with the council's aims, the council itself could
be closed and discharged .
The emperor-elect
Maximilian, our dear son in Christ, in the time of our said predecessor Julius,
and king Louis of France, of happy memory, in our own time, as well as other
kings and princes adhered to the Lateran council, lawfully assembled in the holy
Spirit, to the greatest satisfaction of everyone. The quasi-council at Pisa,
which had been summoned by certain persons without the necessary authority and
had been condemned by the same Julius who preceded us, was treated by them as
condemned in accordance with the decision of the said Julius. The schism which
had begun to grow from this was ended (although it is c ear that so long as the
situation continued, it brought very many injures to prelates and others of
Christ's faithful at various times, as well as to other general councils held
until this time). There was peace for the whole church and a resulting union.
The moral habits of churchmen as well as of secular and other persons were
reformed, insofar as this seemed appropriate, and several matters concerning
the true faith were defined. Several other matters, after being carefully
examined and debated in the three committees of cardinals and prelates
mentioned above, were considered with care and skill in the said council and a
final decision was reached. Finally, it was reported to us on several
occasions, through the cardinals and prelates of the three committees, that no
topics remained for debate and discussion by them, and that over several months
nothing at all new had been brought before them by anyone. The bishops who had
been invited to share with us the responsibility for the support and care of
the Lord's flock, as well as other prelates, had remained in Rome rather a long
time beyond the normal usage of sacred councils, with inconvenience and loss to
themselves and to their churches .
Therefore there seemed to
remain, of all the above things which we and the said committees so much
desired to be completed in the council, only peace between kings and princes
and a harmony of minds. Our attitude in favour of this, and our striving with
every effort for its accomplishment, can be made abundantly clear to all who
read our letters. God himself, who is the supreme light and truth of all
things, knows how we never ceased to beg and implore of him, by many prayers
and constant appeals, that he would deign of his mercy to influence the
christian flock -- which he has entrusted to our care, despite our lack of
merits -- to enter upon a stable and enduring peace, now that this same flock
has been roused by the warmth of mutual charity. We have earnestly urged this
in the Lord, whose cause is principally in question, upon kings and princes, by
means of persuasive reasons, through the nuncios whom we keep at the court of
the emperor-elect Maximilian and with the aforesaid kings and princes, and
through letters; especially if they wish to provide and take measures, as is
right, on behalf of the christian religion and the catholic faith, which have
been brought into serious danger and risk by the recently extended power of the
ruler of the Turks. We have learnt from the letters of the same nuncios, kings
and princes that our appeals have been of such great power and efficacy with
the said kings and princes, and have influenced their hearts and minds to such
an extent, that the peace so long desired by us for the good of the whole
christian state has been almost concluded in intention, and the hope is that if
anything remains it will soon be resolved (by God's favour). Our heart exults
in our Lord Jesus Christ as we ponder over this in our mind and spirit. We give
thanks for this to him, the giver of all graces, because he has guided these
persons to the harmony we had longed for. We think that all Christ's faithful
should offer to God thanks and those signs of joy which are customary on such
occasions, and that God be asked that the peace achieved may endure .
It only remains, therefore,
for the holy and very necessary campaign to be undertaken against the fury of
the infidels thirsting for christian blood, and for all the measures decided
upon as powerful safeguards in the eleven sessions, held partly by us and
partly by our predecessor Julius, to be approved and renewed and ordered to be
observed unchallenged. Accordingly, after mature deliberation on these matters
with our brothers and other prelates, we approve and renew by apostolic
authority, with the approval of the sacred council, all and each of the acts
and decisions of the said eleven sessions, and the letters published above
together with all the clauses contained in them -- apart from certain excepted
matters which we judge should be conceded to specified persons for the sake of
the peace and unity of the universal church -- as well as the business carried
out by the committees. We decree and order that they are to be observed without
alteration for ever, and that those carrying them out are to see that they and
their contents are observed, namely: in the Roman curia, the current governor
of our mother city and our vicar as well as the auditor general of the
apostolic camera, who have the power to oblige and compel persons subject to
them; and outside the Roman curia, we depute for this purpose each and all
local ordinaries. We forbid each and all of Christ's faithful, under penalty of
immediate excommunication, to presume to interpret or gloss what has been
produced and carried out in the present council without our permission and that
of the apostolic see .
We decree, with the
approval of the sacred council, that the said campaign against the infidels is
to be undertaken and carried through. Zeal for the faith prompts us to this. It
has been so often proposed and promised by us and our predecessor Julius in the
sessions referred to, when the business of the council was being explained. On
several occasions it was communicated to, and discussed with, spokesmen at our
court representing kings and princes. Pope Nicholas V, our predecessor of pious
memory, summoned a general expedition against the infidels after the disastrous
fall of Constantinople in order to crush their fury and to avenge the wounds of
Christ. Callistus III and Pius II, of happy memory our predecessors as Roman
pontiffs, urged on by zeal for the faith, followed in the same path with skill
and energy. During a subsequent period of three years, we imitated them by
means of an authorisation from ourselves and our said brothers for imposing and
exacting a tithe on the revenues of churches, monasteries and other benefices
throughout the world and for doing each and every other thing that is necessary
and customary in a campaign of this kind. We continually pour forth holy,
humble and earnest prayers to almighty God that the campaign may have a happy
outcome. We order the same to be done by all Christ's faithful of either sex.
We exhort Maximilian, the emperor-elect, and kings, princes and christian
rulers, whose courage God bids us to rouse, beseeching them by the tender mercy
of our God, Jesus Christ, and appealing to them by his fearful judgment to
remember that they shall have to render an account of their defence and
preservation -- even by giving their lives -- of the church itself, which has
been redeemed by Christ's blood, and to rise up in strength and power for the
defence of the christian faith, as is incumbent on them as a personal and
necessary duty, with all mutual hatred being set aside and quarrels and
conflicts among themselves being committed to everlasting oblivion. At this
time of such great need, let them offer with eagerness their ready assistance
in keeping with their resources. We urge with paternal affection and ask them
that, at least during the campaign, out of reverence for almighty God and for
the apostolic see, they assure the unbroken observance of the peace into which
they have entered, so that such an important good, which we hope and desire
will be obtained with the help of the Lord's right hand, may not be impeded by
some interruption from discord and dissension .
In order that prelates and
others at the present council, which has lasted for nearly five years, may not
be further wearied by their labours and expenses and so that they may be able
to visit and bring encouragement to their churches, and for other reasonable
and just causes, we bring the present council to a close and we discharge it
with the Lord's blessing. With the approval of the same sacred council, we
grant permission to each and all who are present at the council to return to
their own countries. In order that they may be able to go back with ever
increasing joy and strengthened with spiritual gifts, we impart to them and to
all their attendants a plenary remission and indulgence for all their sins,
once in their lifetime and again at the hour of death. Let nobody therefore ...
If anyone however ...
Introduction and
translation taken from Decrees of the Ecumenical Councils, ed. Norman P. Tanner
END OF TEXT