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cumstances, that is to say, the position of the person, the extent of the offence, the time, place, cause, and period occupied in the sin, as also, the devoutness of the feelings of the penitent; and such a penance is to be enjoined on the wife, that she may not be rendered suspected by her husband of any secret and enormous sin, and the same is to be observed as to the husband. Also, no priest, after a lapse, is to presume to come to the altar, to celebrate (the mass], before he has made confession. This also we do add, in order to restrain the avarice of the priesthood, that masses are not to be enjoined, by way of penance, to any persons who are not priests.56 This, saving in all things the honor and privileges of the Holy Church of Rome.” In what manner the archbishop, bishop, and their officers are to

be entertained by their subjects. “Inasmuch as among the enactments that have been made by the fathers of modern times, those of the council of Laterans are most distinguished and most worthy in every way to be observed; we, humbly and devoutly following the instructions thereof, do enact, that an archbishop, when visiting his province, shall on no account exceed the number of forty or fifty, and a bishop twenty or thirty horses; while an archdeacon shall not, have more than five or seven, and deans who are appointed under bishops are to be content with two. They are not to go about with hounds or hawks, but are to proceed so as to appear to seek not their own things, but those of Christ.58 We do also forbid them to presume to oppress those in subjection to them with tallages and exactions. However, we do permit them, considering the many necessities that sometimes arise, in case a manifest and reasonable cause shall exist, to be at liberty with all brotherly love to ask of them some slight assistance. For whereas the Apostle says, “The children ought not to lay up for the parents, but the parents for the children, '59 it seems to be at variance with fatherly affection, if those who are the governors should be burdensome to those in subjection to them, whom, like shepherds, they ought in all their necessities to cherish. Archdeacons or deans are to presume to demand no exactions or tallage from priests or clerks. Further, what has been above said as to the number of horses, is to be ob

56 For if the persons had to pay for them, the priesthood might, if avariciously inclined, have an interest in multiplying such penances.

57 See vol. i. p. 497. 58 Alluding to Phil. ii. 21. 59 2 Cor. xii. 14.

served in those places of which the revenues and the property of the church are ample ; but in poor places it is our will that such limits should be observed, that the lesser ones shall not have to complain that a hardship is inflicted by the arrival of the greater; so that those persons who have hitherto employed a smaller number of horses, may not suppose that they are to be indulged with leave to use more. It belongs also to the duty of visitation, in the first place to attend with all diligence to those matters which relate to the saving of souls, and to see that each church has a silver chalice, and sufficient and proper sacerdotal vestments, the necessary books and utensils, and other things that relate to worship and due respect for the sacrament. Further, to put an end to the vice both of avarice as well as negligence, relying on the authority of the council of Toledo, we do command that no visitor shall presume to demand entertainment, or a sum in lieu of entertainment, from a church in which he has not in the customary manner performed the duties of visitation. This, saving in all things the honor and privileges of the Holy Church of Rome.”

That no person shall be ordained without a certain title. “We do also, in conformity with the decrees of the council of Lateran, enjoin that it shall be strictly observed, that if a bishop shall ordain any person without a certain title deacon or priest, he shall support such person until such time as he shall provide him in some church a suitable salary for clerical duties; unless the person who is so ordained shall be able to maintain himself by his own means or on property inherited from his father. We do enact the same as to the ordination of subdeacons, and do add, that if, without the especial command of his bishop, an archdeacon shall present any one of the parties before named for ordination, and such person shall, upon his presentation, be ordained, he shall be subject to the penalty above-mentioned. This, saving in all things the honor and privileges of the Holy Church of Rome.” That it is not allowable to pronounce sentence of excommunication

unless canonical admonition shall have preceded it. “ Again, following the decrees of the council of Lateran, we do order that prelates shall not pronounce sentence of suspense or excommunication on those subject to them, unless the

60 Of having to support the person ordained.


same be a fault which, by its very nature, entails the penalty of excommunication. Also, those subject to prelates are not, contrary to ecclesiastical discipline, before the commencement of the trial, to seek to take refuge in the words of appeal. But if any person shall think that it is a matter of necessity for him to appeal, then a competent time is to be named for him to prosecute his appeal: and if he shall neglect to prosecute it within such time, then the bishop shall be at liberty to exercise his authority. If also, in any matter any person shall make an appeal (against another], and on the person appealed against making his appearance, the person who has made the appeal shall not appear, he is to make a competent return to the other for his expenses, in order that, being at least checked by this fear, a person may not be too ready to appeal to the prejudice of another; and in religious houses we do especially desire that this shall be observed, to the end that neither monks nor any other person of the religious orders, when they shall require correction for any excess, shall, contrary to the regular discipline of their prelate and chapter, presume to appeal, but humbly and dutifully receive whatever may have been for the more effectually securing their salvation enjoined them. Also, for the purpose of checking the viciousness of many, we have thought proper to adjoin hereto, that, every year, sentence of excommunication shall be pronounced upon sorcerers, perjurers upon the Gospels, 6 incendiaries, thieves, and daring robbers, each in his class. Also, we do enact that those who shall knowingly have committed perjury at the expense of any person shall not be absolved therefrom; nor shall penance be enjoined them by any person but the bishop of the diocese, or upon his authority, except at the point of death; and they are to be enjoined at the moment that they shall recover to go to the bishop to receive penance from him or upon his authority. This, saving in all things the honor and privileges of the Holy Church of Rome.” That nothing is to be demanded for the administration of the

sacraments. As it has been, in the Council of Lateran, healthfully provided by the holy fathers, so do we forbid that anything whatever shall be exacted from ecclesiastical personages when

61 This is probably the meaning of “sacramenta” here, though it may possibly mean the relics of saints.

being installed in their sees, or from priests, or any other clerks, when being instituted, or for burying the dead, or for blessing the newly - married, or for the chrism, or for any other of the sacraments. And if any person shall presume to contravene this enactment, let him to know that he will have his portion with Gehazi, whose deeds he has imitated by this exaction of a disgraceful gift. To this we do add, that nothing shall be demanded from priests for license to celebrate Divine service, or from masters for teaching; and, if any

such sums shall have been paid, the same are to be returned. On the authority also of the same council, we do forbid that new imposts shall be exacted from churches by bishops, or abbats, or other prelates, or that the old ones shall be increased, nor are they to presume to appropriate any part of the revenues thereof to their own use; but, with good will, let those of higher rank

preserve for their inferiors that liberty which they desire to be preserved for themselves. And if any person shall act contrary hereto, let that which he shall have so done be deemed of no effect. Also, no ecclesiastical offices, or benefices, or churches, be given or promised to any person before they are vacant; to the end that no person may seem to long for the death of his neighbour, to whose place or benefice he believes he shall succeed. For whereas, in the very places of the heathens we find this forbidden by law, it is most disgraceful, and most deserving of the censures of the Divine judgment, if, in the Church of God, expectation of succession should hold a place, which even the heathens themselves have taken care to condemn. This, saving in all things the honor and privileges of the Holy Church of Rome.” That Tithes are not to be diminished under pretence of wages of

servants or of the reapers. “Inasmuch as Abraham, by his actions, and Jacob, in his promises, signified that tithes ought to be given to God and to the priests of God, and the authority of the Old and the New Testament, as also the enactments of the holy fathers, have declared that tithes ought to be paid of all things which are yearly renewed, we do decree that the same shall be inviolably observed, and that no diminution shall be made of the tenth part under pretence of wages of servants or of the reapers, but the same is to be paid in full. Priests are also to have the power, before the commencement of autumn, of excommuni

cating all curtailers of their tithes, and of absolving the same, in due ecclesiastical form. To this sanction we do also add, that, from lands newly brought into cultivation, tithes are not to be paid to any other than the parish churches within the limits of whose parishes the lands are cultivated from which the said tithes arise. Also, withholders of tithes, in accordance with the enactment of the council of Rouen, if, on being warned a first, second, and third time, they do not correct their ex. cesses, shall be brought by the ban of excommunication to make condign satisfaction. This, saving in all things the honor and privileges of the Holy Church of Rome."

That Clerks in holy orders shall not keep concubines. “We do enact that, in churches of which the yearly revenues do not exceed in amount the sum of three marks, no person shall be instituted, unless he shall be willing to perform duty there in his own person. We do also, reverently following the enactments of the Council of Lateran, enact that clerks in holy orders, who, bearing the character of incontinence, shall be keeping young women in their houses, shall either put away the same and live chastely, or else be removed from their eccle. siastical duties and benefices. To this we do also add, that clerks shall not be present at taverns or at public drinkings. For hence arise contentions and strifes, so that laymen, by some. times striking clerks, render themselves amenable to canonical censures; and, when these are brought before the pope, it is not just that the clerks, who have in some measure caused the offence, should remain unpunished. All clerks are also to wear the clerical dress and the tonsure prescribed by the canons. But archdeacons, as also the others who hold dignities, and priests, are to wear hoods with long sleeves attached thereto. This, saving in all things the honor and privileges of the Holy Church of Rome.”

What persons may enter the Marriage state. “A man is not to marry any female relative by blood of his former wife; and, in like manner, the wife is not to marry any male relative of her former husband. He who has been received at baptism, is not to marry the daughter of him who baptized him, or of him who received him (at the font], whether born before or since that time. Also, no marriage is to be contracted without notice thereof being thrice given in the

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