Sole Subquestion: What penalties the canons impose on homicides

Since it is a nefarious crime unjustly to take away the life of a man, at all times various punishments have been established by laws against homicides, many of which, commemorated in the Seraphic Doctor Bonaventure, I shall here set forth.

From the Council of Elvira it is found cited by Martin of Braga cap. 78.: If anyone shall have committed homicide willingly, let him ever lie at the doors of the Catholic Church, and receive communion at the end of his life; but if he shall have committed homicide not willingly, but by some accident, the first canon ordered him to do penance seven years, the second canon enjoined five: Thus relates the Holy Doctor in the Confessionale, cap. 3. part 13.

He also found part fourteen, from dist. 4.: Who, heedless out of regard for discipline, kills by striking, let him be deposed, extra de homicid. presbyterorum. And it speaks of priests.

From the Council of Lerida dist. 50. it is enjoined that Clerics, in a besieged city, where there was no necessity, killing an assailant, be deprived for two years both of office and of the communion of the Body of Christ, meanwhile assigned to fastings, prayers, vigils, and almsgiving, and finally be restored to communion; yet so that they be not promoted to the former offices. But if there were an unavoidable necessity of fighting, it would be imputed to them in nothing, dist. 50. Quia te, which, it says, is true as to sin, but as to caution it is a good thing to regret it, as extra de homicidio, cap. 2. in the Roman Penitential.

He who kills a brigand, where he could have seized him without killing, for forty days shall not enter the Church, and clothed in a hair garment, from the foods and drinks which are interdicted, and from bed, and sword, and riding, he shall abstain for those days aforesaid. But on the third and fifth feria, and on the Sabbath, let him use some kind of legumes, herbs, fruits, and little fish with moderate beer, temperately.

If a Priest has done the same, let him not be deposed; nevertheless, as long as he lives, let him do penance.

PART fifteen relates the penance of a matricide can. 33. quaest. 2. from Pope Nicholas. For one year, barred from entering the Church, he shall lie at its doors, praying. After a year he may enter the Church, but not communicate. Three years completed, let him be admitted to communion, but let him not offer the oblations until after the course of seven more years. In all these years let him abstain from meat, nor let him presume to drink wine, except on feast days and Sundays, and from Easter until Pentecost; and wherever he wishes to go, let him be conveyed by no vehicle. Let him fast until vespers three days in the week. If before the course of three years he draws near to death, let him be given the Viaticum. More mildly, however, it commands that things be done, if he show signs of great penitence.

PART sixteen relates the tearful letter of Pope Stephen V to Astulphus the wife-slayer, upon whom he imposes entrance into a monastery under the rigid discipline of the monks. But if he wish to do his penance in the world, it imposes most severe penances: perpetual abstinence from flesh, and wine, and cider; fasting on bread and water; and let him live in vigils and prayers: See him, and in this manner let you wither away.^{1 1} N. Editor's note: the print/OCR reads 'Eum vide, et hoc etimen exhotresces'; 'etimen' and 'exhotresces' are corrupt (perhaps 'et hoc modo exhortare' or 'exaresces' — 'by this means you will win him over / harden him not'); rendered tentatively from context of encouraging penitential perseverance.

PART seventeen sets forth the penances due to a parricide and a filicide, whom Alexander III condemns to perpetual penance, most severe, within the precincts of the Monastery.

PART forty-one relates the penance enjoined on him who killed a priest, which is of 12 years, extra de poenit. et remiss. from the C. Moguntin, and moreover, once convicted, let him lack marriage and the belt of knighthood until death.

But CAPITULUM five of the Confessionale part. 37. sets forth the irregularities and depositions due to Cleric homicides.

He who shall have committed homicide without just cause, is not dispensed with in this. If the cause be of justice, he is not dispensed with in this either, so that he might be promoted; but if he has been promoted, in those orders themselves he can be dispensed with by the Pope, dist. 51. l. 1. Aliquantos. Otherwise, if he shall have committed homicide spontaneously, let him be deposed without hope of recovery and dispensation, dist. 50. Clerici. And C. si quis viduam. If by avoidable necessity, similarly he cannot ascend to the higher orders, but in the orders received he can be dispensed with, although it is not easily dispensed, even by the Pope; if by unavoidable necessity, the counsel is given that a homicide not minister, even in the orders received, dist. 50. De his clericis; yet he is not deposed, but is tolerated in his order by law without dispensation, according to the Letter and Raymundus, extra de homic. cap. 2. and according to Bernardus in the apparatus, upon that chapter extra, Cod. sicut dignum. If he has killed by accident with fault and negligence, he shall cease in perpetuity from the order received, dist. 50. Hi qui arborem, and extra eod. Presbyterum. Yet the Bishop can dispense in the minor orders, and in the subdiaconate already received, extra eod. continebatur. If he be a Deacon or Priest, it belongs to the Pope, that in those orders he either minister or be promoted to them, as in the said C. continetur, and C. Later praesentium. According to Raymundus, however, the Bishop cannot dispense, dist. 50. Miror, which some understand indiscriminately both of the voluntary and of the casual; others, of the voluntary homicide. This is Raymundus. If without fault and negligence, he will be able to minister in the order received, and be promoted to the greater orders, extra eod. Litteris significastis, cap. Dilectus, cap. ex litteris. And some say that he need not be dispensed by them, as appears in the said chapters. But it is safer and more secure that at least the Bishop dispense him by them, dist. 50. Clerico. This the Holy Bonaventure relates.

From what has been said above, you have that it is false, in the time of D. Bonaventure and D. Thomas, that one who kills with the moderamen of blameless self-defense was irregular, as Valentia thinks, quaest. 8. punct. 4., which he thinks is gathered from D. Thomas, quaest. 64. art. 4. ad 3. Sylvester v. homicid. 1. quaest. 9. dict. 4. Matulius l. 1. de irregularitate, cap. 48. num. 9., who cite the chapter de his clericis, 1. dist. 50.*

TRULY D. Bonaventure asserts the opposite above, and so held the Gloss on cap. si quis viduam, v. Defensionis, and on C. sicut dignum, same title.

But that chapter De his clericis gives only counsel, as the Holy Bonaventure notes; the law nevertheless neither deposes nor commands, as Raymundus expounds, and it is found extra de homicid. cap. 2. and according to Bernardus on C. Extra, same place, sicut dignum, and Fagundez also notes it, l. 5. cap. 3. num. 3.*

FINALLY the Council of Elvira can. 50. decrees: If any woman, set afire by fury and zeal, shall have beaten her maidservant with whips, so that within the third day she expire with torment, since it is uncertain whether she killed her willingly or by accident: if willingly, after 7 years; if by accident, after the times of years, lawful penance having been performed, it has pleased that she be admitted to communion. But if within the appointed times she shall have fallen ill, let her receive communion. Thus relates the Holy Bonaventure in the Confessionale cap. 3. part 13.