Title XVII: On Whether the Sons of Priests Are to Be Ordained

Latin source headnote: An illegitimate person is not ordained unless he becomes a religious; and even then he is not placed in authority, that is, he is not made eligible for a prelacy.

From the Council of Poitiers.

Let the sons of priests and others born from fornication not be promoted to sacred orders unless they either become monks or live regularly in a canonical congregation. But let them in no way have a prelacy. Nor shall slaves, unless they are endowed with freedom by their masters.

Latin source headnote: An illegitimate son of a priest who, with this fact suppressed, obtained his father's church through an apostolic rescript is removed from it.

Alexander III, to the Bishop-Elect of Lincoln.

Coming into our presence, R., a priest, having suppressed the fact that he was the son of a priest, fraudulently obtained [letters] from us that he should be chaplain in the church of Bilesby, in which his father ministered. Therefore, we command your discretion by apostolic writings, [under precept], that within forty days after reception of these letters you diligently inquire into the truth of the matter; and, if it is established for you that the aforesaid R. was begotten during his father's priesthood and that his father ministered in the same church, notwithstanding our aforesaid letters, you shall remove him from it, with every occasion and appeal ceasing.

Latin source headnote: The son of a priest cannot preside over his father's church. This is said with the following chapter.

The same.

By the authority of the present letters we also command you that you in no way permit the sons of priests to minister in their fathers' churches or to obtain them on any occasion, but, with every obstacle of appeal ceasing, take pains to remove them altogether from the churches in which their fathers are known to have ministered.

Latin source headnote: It says the same.

The same, to the Bishop of Worcester.

Through the complaint of M., a cleric, it became known to our ears that, when R., a priest, had for a rather long time held the church of Blessed Mary of Vicum as persona, [and] after his death the same Milo had been presented by Richard Paciford, lord of the soil, R., the son of that priest, begotten during his priesthood, strove to impede the institution of that cleric and aspires by every means he can to have the same church.

Therefore, because it is unworthy and contrary to canonical enactment that sons should succeed fathers in churches, we, wishing solicitously and diligently to attend to the eradication of this enormity, command your fraternity by apostolic writings, under precept, that, if it is public and notorious that the father of the aforesaid cleric R. held the personatus in the aforesaid church, you in no way permit his son to minister there or to have the personatus of the same church. And if perhaps [for some cause] he has already been instituted there, you shall not delay in removing him from it by our authority, with the remedy of appeal removed. And, if the aforementioned M. has been presented to you for that church by the one to whom the presentation is known to belong, provided that he is otherwise suitable, you shall not postpone receiving him there, with contradiction and appeal ceasing, and shall cause him peacefully to possess the aforesaid church.

Latin source headnote: A bishop who knowingly conferred the father's church upon the son of a priest cannot afterwards remove him from it.

The same, to the Bishop of London.

Coming into our presence, N., a cleric and bearer of the present letters, set forth to us in a supplicatory representation that, when you had given him a title to the chapel of the church of Saint I. of Newburgh, which you granted and assigned to him, and had ordained him priest for it, you afterwards despoiled him of it because his father had ministered in the aforesaid church. Therefore, we command your fraternity by apostolic writings, under precept, that, if it was known to you when you gave it to him that his father, a priest, had ministered in the said church, you restore it to him, with delay and appeal ceasing, and leave him in peace, removing another if perhaps you instituted anyone in it. But if you did this in ignorance, since you ordained him priest for that church, you shall restore it to him and, until you provide for him in another church from which he can be honorably supported, shall inflict no burden or trouble upon him concerning the aforesaid church.

Latin source headnote: It contains a grace and says this: Once the son of a priest has been ordained, he ought not to lack a benefice. Johannes Andreae.

The same, to the Bishop of Oxford.

R., the bearer of the present letters, set forth to us that, when he had been presented to the church of Saleb. by the lord of the soil, you were unwilling to commit the care of souls to him or furnish your assent to this matter because he was the son of a priest. Concerning this, indeed, we commend your discretion in the Lord, as is worthy, and hold your providence exceedingly pleasing and acceptable.

But because with inward affection of mind we have compassion upon his necessities and the labors that he sustained in coming to us, and it is unworthy that he, after he has, as he asserts, been ordained subdeacon, should altogether lack provision of an ecclesiastical benefice, we admonish and command your discretion by apostolic writings that within forty days after reception of these letters, with contradiction and appeal ceasing, you take pains to find, with the assent of the same cleric, some honorable priest to serve the aforesaid church, in such a way that the aforesaid R., while serving the same in his own order, ought, out of regard for God and by our and your authority, peacefully to obtain for as long as he lives one half of all the benefices of the aforesaid church. For a priest alone cannot celebrate the solemnities of masses or other divine offices without the aid of a minister.

Latin source headnote: A son can preside over a church over which his father presided mediately.

The same, to the Archbishop of Canterbury.

From the complaint of G., a cleric, transmitted to us, we have perceived that you delayed at present to receive him in a certain benefice of the church of N. upon the presentation of our beloved son the Abbot of Castris because a certain [E.], who was said to be his father, ministered in the aforesaid church, but after his death an intermediate person intervened upon whom the aforesaid benefice was conferred. Therefore, we command and order your fraternity by apostolic writings that, if it is so, you do not postpone admitting the aforementioned G. to the aforesaid benefice, with every occasion and appeal ceasing, the decree of the apostolic rescript being no less observed for this reason, which here detests hereditary succession in the Church of God so that it may approve canonical possession. [But if both of you cannot be present to execute these matters, let one of you nevertheless execute them.]

Latin source headnote: A son can preside over a church in which his father ministered without a title.

The same, to the Bishop of Worcester.

Appearing in our presence, G., a cleric and bearer of the present letters, showed us in a supplicatory representation that, when he had canonically obtained the chapel of Storton and had possessed it peacefully for several years, R., a knight, despoiled him of it without judgment and justice. And when the aforementioned cleric had lodged a complaint concerning this before you, brother and fellow bishop, it was objected against him that his father had ministered in the same chapel, and he has not yet been able to recover the aforesaid chapel.

But because it pertains to our office to restrain with due severity the insolence of laymen against ecclesiastical men, we command your fraternity by apostolic writings, under precept, that, after the truth of the matter has been diligently investigated and learned, if it is established for you that the same cleric was cast out of the aforesaid chapel through lay power, and that his father was not the persona or perpetual vicar of the aforesaid chapel, although he sometimes ministered in it in the name of the same G., you shall not omit to restore it to him with the revenues received from it, removing another if anyone holds it, with delay, occasion, and appeal ceasing; any letters of ours that may have been obtained not prejudicing truth and justice. And you shall cause him to possess it peacefully, as it was canonically obtained. [If both of you cannot be present to execute these matters, let one, having associated with himself discreet and honorable men, nevertheless execute them.]

Latin source headnote: If one to whom it was granted by the Pope that he could dispense with the sons of priests concerning the immediate holding of their fathers' churches dispenses with someone, that person cannot be removed through letters of justice afterwards obtained against him.

The same, to the Archbishop of York.

It was set forth to us on your part that, when formerly in response to your consultation concerning the sons of priests you received such letters from us that you could sustain in the churches that their fathers had possessed without anyone intervening those whom you knew to be of approved life and sound conduct, or whom it was established had held those churches for a long time, certain persons obtained letters to judges that, if it were established that they were the sons of priests or clerics who had held the churches immediately before them, silence should be imposed upon them concerning these matters, with appeal ceasing, and those churches should be assigned to the petitioners, although they could not show themselves to have been instituted in them by bishops.

Concerning this we respond thus to you: if through our earlier letters you dispensed with any clerics, we do not will your dispensation to be invalidated with a view to our later letters, but command that it be preserved unimpaired. But by apostolic authority we prohibit other clerics from being instituted, with a view to a lay grant and without the authority of their own pontiff, in churches subject to parochial law, or, if instituted, from remaining in them.

Latin source headnote: If it is manifest that a son immediately succeeded his father in a church, he shall be removed from it without any reception of witnesses.

The same, to the Archbishop of Canterbury and his suffragans.

Because it is prohibited by the sacred canons that any persons presume to possess ecclesiastical benefices by hereditary right, and those who were begotten during priesthood ought not to be promoted to sacred orders unless they have lived an approved life in a cloister of monks or canons regular, we command you that, if it is manifest and public that fathers exercised personatus in churches, you altogether exclude the sons from those same churches, even if they have obtained them, with appeal ceasing; nor shall they be assumed thereafter to their governance. For we do not will that a cause be brought into judgment on that account, or that witnesses even be admitted, if this is manifest.

Latin source headnote: Even a legitimate son is removed from a church in which he immediately succeeded his father as vicar or rector.

The same, to the Archbishop of Canterbury.

We ought to attend with the zeal of complete solicitude to extirpating successions from holy churches; it also befits you to exhibit vigilant care for this, lest we seem to be less diligent concerning the ministry of the governance undertaken if we permit that vice to sprout in churches or in ecclesiastical businesses and men. Hence it is that we command your fraternity by apostolic writings, under precept, that, if any sons of priests of your province hold churches in which their fathers ministered as personae or vicars with no intervening person, you shall not delay in removing them from those churches, with contradiction and appeal ceasing, whether they were begotten during the priesthood or not.

But if there are any sons of clerics who obtained, with other persons intervening, churches that their fathers held, provided that they are suitable you will be able to sustain them in those churches; in such a way that, if one man possesses several churches that his father held and one of them can suffice for him, you shall cause him to be content with whichever one he prefers, provided that they are not such that the others are known to depend upon one of them.

Latin source headnote: A legitimately born son of a bishop can be promoted to orders and receive a benefice in his father's church.

Clement III, to the Archbishop of Cashel.

In addition, on your part it was reported to our ears—(And below:) Your fraternity asked us whether those begotten by pontiffs can be promoted to sacred orders if they are approved in knowledge and uprightness of morals. Let your fraternity know that, if they were procreated from lawful marriage and no other canonical impediment stands in the way, they can lawfully ascend to sacred orders and obtain a benefice in the same churches over which their parents preside or even presided.

Latin source headnote: A son cannot be vicar of the church in which his father was the immediately preceding rector.

The same.

Michael, priest of Saint Germanus, showed by a complaint transmitted to us that, when he had canonically obtained the church of Saint I. of Corona in your diocese, M., the son of Antony, who held the personatus of that church immediately before him, asserts that its vicarage pertains to himself.

Therefore, because successions to prelacies and ecclesiastical dignities in a church are condemned by the canonical statutes, we command your fraternity by apostolic writings that, after the truth has been more diligently investigated, if it is established for you that the same M. was the son of Antony, who, as we set forth above, held the personatus of the same church immediately before, you shall not postpone imposing perpetual silence upon him concerning the same vicarage, with every contradiction and appeal ceasing.

Latin source headnote: One illegitimately begotten, even from a wife, cannot without dispensation be promoted to orders or benefices.

The same.

We have received the letters of your affection containing the vow and origin of the bearer of the present letters. Indeed, we have understood that H., begotten during priesthood, born and conceived of a lawful wife, moved by a laudable vow desired from childhood to minister to the Lord in the clerical office. But although paternal incontinence is known to be repelled in every way from the sons, and for the caution of priests their sons are removed from sacred orders according to the canonical enactment, it is not expedient that we assent to the prayers of persons supplicating in such matters in such a way that we seem more easily to furnish to others some hope of obtaining similar things. But lest, because of the affection of his petition, when he has humbly approached the Apostolic See, he should grieve that he was altogether defrauded, by the present writing we signify to you that, provided he is otherwise found worthy, we permit him to be ordained as a cleric and promoted to an ecclesiastical benefice from which he can suitably be supported.

Latin source headnote: An illegitimate person ought not to be prebended in his father's church.

Innocent III.

Since you ought to love the beauty of the house of God [and the place of the tabernacle of his glory, you must with careful solicitude take precautions lest in the churches committed to you those things be rashly presumed that seem either to extinguish in them the lamp of religion or to stain the purity of the Lord's ministers. For you should know that it has reached our hearing that certain persons established in your dioceses, publicly contracting with women, do not fear to assume ecclesiastical dignities; and that certain canons of churches, whose loins according to the word of evangelical truth ought to be girded and in whose hands the lamps of good work ought to burn, have rotted to such a degree in the filth of luxury that they are not even willing to veil their ignominy and shame. Rather, they draw with them to the ministry of the altar, of which they render themselves unworthy, sons received from an infamous generation—as though their incontinence were not known sufficiently to the reproach of the clerical order unless testimony speaking against them from the sons brought forth in public were proved by continual display.

And since in churches in which clerics of this kind have a place many things are enormously attempted, while in those churches the leavened kinship of fathers and sons, and even of nephews and relatives by affinity, ministers in a disorderly manner—because, with carnal love prevailing, spiritual reverence has grown cold among them, whence not one refrains on account of another from doing anything through their insolence—] sometimes games, etc. (cf. c. 12, On the Life and Uprightness of Clerics, III.1.)

You shall also not permit prebends to be conferred upon the sons of canons in the same churches of which their fathers are canons, since it is indecorous that in the office of the altar an illegitimate son minister to an unchaste father, in which the only-begotten Son of God is offered as a victim to the eternal Father for the salvation of the human race. But the aforementioned, etc. (cf. c. 12, On the Life and Uprightness of Clerics, III.1.) [Given at Rome, at Saint Peter's, on the sixth day before the Ides of January, in the ninth year, 1207.]

Latin source headnote: If an illegitimate person, especially a spurious son, is instituted in a church in which his father is instituted, the institution is not valid, and the one instituting is to be suspended from his benefices.

The same, in the General Council.

To abolish the worst corruption that has taken root in many churches, we firmly prohibit the sons of canons, especially spurious sons, from becoming canons in secular churches in which their fathers are instituted; and if something has been presumed to the contrary, we decree that it is not valid. But those who presume to make such persons canons, as has been said, shall be suspended from their benefices.

Latin source headnote: No one other than the Pope dispenses so that a son may immediately succeed in his father's church.

Honorius III.

Our beloved son G., Provost of the church of Saint Mary in Bruges, showed by a petition transmitted to us that Virgil, a priest of the diocese of Tournai, holds to the scandal of many a certain church having the care of souls, which his father held with no one intervening, contrary to the statutes both of the Lateran Council and of the General Council. The same provost diligently admonished him to resign it; but Virgil, asserting that H. of good memory, Archbishop of Reims and then legate of the Apostolic See, dispensed with him, contradicts the doing of this, although a dispensation was not granted to him by the Roman Pontiff.

Wherefore, with the assent of the procurators of both parties, we command your discretion that, after the parties have been summoned and the matters set forth on each side heard, notwithstanding any dispensation that did not emanate from the Apostolic See, you establish what is canonical, appeal being set aside.

Latin source headnote: An illegitimate person cannot without the Pope's dispensation be promoted to a dignity, personatus, or benefice having the care of souls.

Gregory IX, to the Archbishop of Tours.

The uprightness of the Church is excessively deformed in your province by the fact that the sons of priests and others not lawfully born are promoted without a dispensation of the Apostolic See to dignities and personatus, and to other benefices having the care of souls. Wherefore we command that, after the aforesaid persons have been altogether removed from the personatus, dignities, and benefices of this kind, you cause them to be conferred upon suitable persons by those to whom you know their collation belongs by law. And we more strictly prohibit this from being presumed hereafter.