Title — Decretals of Gregory IX
Title XX: On Whether Those Maimed in Body Are to Be Ordained
Chapter I
Latin source headnote: A priest who lost part of a finger in a duel can, by dispensation of his bishop, minister in his order.
Alexander III.
But concerning the priest of Campania who voluntarily offered a duel and accepted it when offered, and lost part of a finger in it, as formerly, so also now, we respond to your prudence that, since he, as we ourselves also see, has not lost so much of the finger that he cannot solemnly celebrate without scandal, after penance has been performed you can act mercifully with him and permit him to minister in his order, although his excess was very grave. [But the priest, etc.; cf. c. 7, On Homicide, V.12.]
DE CORPORE VITIATIS ORDINANDIS VEL NON.
Presbyter, qui in duello digiti partem amisit, ex dispensatione sui episcopi potest in suo ordine ministrare.
Alexander III.
De presbytero autem Campaniae, qui duellum sponte obtulit, et oblatum suscepit, et in eo partem digiti amisit, sicut olim, ita et nunc prudentiae tuae respondemus, quod, quum ipse, sicut etiam nos videmus, non perdiderit tantum de digito, quin ipse sine scandalo possit solenniter celebrare, satis potes post peractam poenitentiam cum eo misericorditer agere, et permittere ipsum in suo ordine ministrare, licet eius excessus gravis admodum exstitisset. [Presbyter autem etc. cf. c. 7. de hom. V. 12.]
Chapter II
Latin source headnote: One having a blemish in his eye that does not cause great deformity can be promoted even to the episcopate.
The same, to the Bishop-Elect of Chichester.
When a question had been raised in the presence of us and our brothers concerning your election and that of others who were elected in certain English churches, and certain matters were objected against each of you, it was objected against you that you have a blemish in your eye and that you were the son of a canon. Hence we gave a mandate to the Archbishop of Canterbury, legate of the Apostolic See, that, because you are said to be the son of a canon, he should proceed in your promotion from abundant dispensation. But concerning the blemish that you are said to have in your eye, we commanded the aforesaid archbishop that, with the counsel of his suffragans, and especially of our venerable brothers the Bishops of Worcester and Exeter, he execute what should seem good to him as a result.
You, therefore, brother, shall take pains humbly and devoutly to request the same archbishop concerning these matters. In this, from the greatest dispensation, we have taken care solicitously to provide for you in this matter, inasmuch as we love your person with sincere charity and gladly attend, insofar as we can according to God, to your advantage and honor.
Habens in oculo maculam, quae non inducit magnam deformitatem, etiam ad episcopatum poterit promoveri.
Idem Cisterciensi Electo.
Quum de tua et aliorum electione, qui sunt in quibusdam ecclesiis Anglicanis electi, in praesentia nostra et fratrum nostrorum quaestio mota fuisset, et singulis vestris quaedam obiicerentur: tibi, quod in oculo maculam habeas, et quod filius canonici fueris, est obiectum. Unde Cantuariensi archiepiscopo apostolicae sedis legato dedimus in mandatis, ut pro eo, quod canonici filius diceris, in promotione tua ex multa dispensatione procedat. De macula vero, quam in oculo habere diceris, hoc archiepiscopo praedicto mandavimus, ut cum consilio suffraganeorum suorum, et praesertim venerabilium fratrum nostrorum Wigorniensis et Exonensis episcoporum, quod exinde sibi visum fuerit exsequatur. Tu itaque eundem archiepiscopum, frater, requirere super his studeas humiliter et devote: in quo tibi ex maxima dispensatione in hac parte sollicite curavimus providere, utpote qui personam tuam sincera caritate diligimus, et libenter, quantum secundum Deum possumus, ad tuum intendimus commodum et honorem.
Chapter III
Latin source headnote: One castrated in his cradle is lawfully promoted.
Clement III, to the Bishop of Varia.
On behalf of Bartholomew, a monk and deacon, a petition was presented to our apostolate that, when he had been castrated in his cradle, afterwards, devoutly serving God under a rule and an abbot, he was promoted to the order of diaconate. Hence he humbly sought that the faculty be granted to him by the Apostolic See that it be lawful for him to be ordained priest.
Indeed, since according to the statutes of the Council of Nicaea those who, while healthy, cut themselves off or desired that they be cut off by others are prohibited from entering the clerical order and, even if they are in the clergy, ought to cease, we do not believe that any impediment is brought against him so that he cannot be promoted, since he was castrated in his cradle. For he does not seem to have desired this at a time when he did not possess judgment of mind, especially since it is manifestly enacted in the canons of the Apostles that a eunuch, if he was made so through the snares of men, or was born so, or even had his male parts cut off in persecution, can, if he is worthy, be promoted as bishop. Therefore, after you have ascertained the substance of the truth, if you know that truth is present in his prayers and he is found otherwise worthy, especially since he has persevered for a long time in the monastic order, by the authority of the present letters we grant permission to promote him as priest.
Sectus in cunabulis, licite promovetur.
Clemens III. Variensi Episcopo.
Ex parte Bartholomaei monachi et diaconi petitorium fuit nostro apostolatui praesentatum, quod, quum ipse in cunabulis sectus fuerit, postmodum sub regula et abbate devote Deo militans in diaconatus ordinem est promotus, unde suppliciter petiit facultatem sibi a sede apostolica indulgeri, ut sit ei licitum in presbyterum ordinari. Sane quum secundum statuta Nicaeni concilii illi ad clericatus ordinem prohibeantur accedere, et si etiam in clero fuerint, cessare debeant, qui se ipsos sani absciderint, vel affectaverint, ut ab aliis abscindantur, non credimus ei aliquod impedimentum afferre, quo minus possit provehi, qui in cunabulis sectus fuit; quia non videtur hoc eo tempore affectasse, quo iudicium animi non habebat, praesertim quum in canonibus Apostolorum sit manifeste sancitum, quod eunuchus, si per insidias hominum factus, vel ita natus sit, aut etiam in persecutione sint ei amputata virilia, et dignus est, possit in episcopum promoveri. Cognoscenti itaque de substantia veritatis, si precibus eius noveris veritatem inesse, et alias dignus inveniatur, maxime quum diu in ordine perseveraverit monachali, ipsum in presbyterum promovendi licentiam auctoritate praesentium indulgemus.
Chapter IV
Latin source headnote: A priest who without cause caused his male parts to be cut off, believing that he thereby merited, will, by dispensation of the bishop, be able to exercise his office apart from the ministry of the altar.
The same, to the Archbishop of Ravenna.
R., Archpriest of Saint Stephen of Longasco, signified to us that B., a priest, believing that he was furnishing service to God, caused his male parts to be amputated. But since the same archpriest is burdened with old age and is unable to do without the aforesaid priest, he humbly supplicated us that we ought to grant the priest permission to minister in those things that pertain to a priest apart from the Mass. Wherefore we command that you diligently inquire into the truth and, if you find the already-mentioned priest otherwise worthy of God, relying upon our authority and your own, grant him the priestly office without any ministry of the altar, as you shall see to be expedient.
Sacerdos, qui sine causa virilia sibi fecit abscindi, credens inde mereri de dispensatione episcopi suum officium, praeter altaris ministerium, poterit exercere.
Idem Ravennati Archiepiscopo.
Significavit nobis R. archipresbyter sancti Stephani de Longasco, quod B. presbyter, credens se obsequium praestare Deo, fecit sibi virilia amputari. Sed quum idem archipresbyter sit senectute gravatus, nec relinquere valeat presbyterum memoratum, nobis humiliter supplicavit, ut ei concedere debeamus, ea, quae praeter missam ad sacerdotem pertinent, ministrare. Quocirca mandamus, quatenus inquiras diligenter veritatem, et, si iam dictum presbyterum alias Deo dignum inveneris, ei sacerdotale officium absque omni altaris ministerio, auctoritate nostra fretus et tua, prout videris expedire, concedas.
Chapter V
Latin source headnote: A priest who for a just cause caused his male parts to be cut off can exercise the priestly office as before.
Innocent III.
On behalf of our beloved son M., a priest, it was set forth in our hearing that, when he felt the danger of leprosy threatening him, on the counsel of a physician he caused his male parts to be cut off so that he could be freed from so grave an affliction of illness, and he humbly sought from us that we provide for him concerning execution of his office. Therefore, because the canons of the holy Fathers do not prohibit him from the ministry of the sacred altar, we command your fraternity by apostolic writings that, if it is so and the aforesaid M. is otherwise suitable to execute the office of his ministry, relying upon apostolic authority you grant him free faculty to do so, notwithstanding any contradiction or appeal. [Given at the Lateran, on the fourth day before the Ides of February, 1198.]
Sacerdos, qui ex iusta causa fecit sibi virilia abscindi, potest, ut prius, sacerdotale officium exercere.
Innocentius III.
Ex parte dilecti filii M. presbyteri fuit in audientia nostra propositum, quod, quum sibi sentiret leprae periculum imminere, de consilio medici virilia fecit sibi abscindi, ut posset a tam gravi infirmitatis vitio liberari, et ut provideremus ei super exsecutione sui officii, a nobis humiliter postulavit. Quoniam igitur canones sanctorum Patrum hunc a sacri altaris ministratione non prohibent, fraternitati tuae per apostolica scripta mandamus, quatenus, si est ita, et memoratus M. est alias idoneus, ut sui ministerii officium exsequatur, nullius contradictione vel appellatione obstante, auctoritate fretus apostolica liberam ei tribuas facultatem. [Datum Laterani IV. Id. Febr. 1198.]
Chapter VI
Latin source headnote: One maimed in a hand, if promoted as abbot, is deposed from the abbacy.
The same, to the Bishop of Mileto.
Appearing in our presence, you explained to us that I., your former predecessor, promoted H. as abbot, not knowing that he was maimed in one hand. But because the abbot himself is known to lack his left hand, you wished to be taught by our response what is to be done concerning this. We therefore respond thus to your fraternity: since, because of so enormous a defect, he cannot be promoted to sacred orders, and he fraudulently kept silent about it at his promotion, he is not undeservedly to be removed from the office of the abbacy. [Given at Rome, at Saint Peter's, on the fifth day before the Kalends of July, 1198.]
Mutilatus manu, si promotus fuerit in abbatem, ab abbatia deponitur.
Idem Militensi Episcopo.
Exposuisti nobis in nostra praesentia constitutus, quod I. quondam praedecessor tuus H. in abbatem promovit, nesciens, quod ipse esset manu altera mutilatus. Quia vero abbas ipse noscitur sinistra carere, quid super hoc agendum sit, nostra voluisti responsione doceri. Nos igitur fraternitati tuae taliter respondemus quod, quum pro tam enormi defectu ad sacros non possit ordines promoveri, et ipse in promotione sua id tacuerit fraudulenter, ab abbatiae officio est non immerito amovendus. [Dat. Romae ap. S. Petr. V. Kal. Iul. 1198.]
Chapter VII
Latin source headnote: One lacking the nail of his thumb, provided that he is strong in the thumb, is lawfully promoted to the priesthood.
Honorius III, to the Bishop of Angoulême.
Thomas, a monk of Saint Amantius of Brixia, set forth before us that, when he was in his boyhood years, a certain iron bar, falling by chance upon the thumb of his right hand, tore the nail from it. But since, as he asserts, he desires to serve the Lord in the priestly office, he humbly supplicated us that we command you, who are his diocesan bishop, to promote him as priest. Wherefore we command your fraternity that, if he is capable in that thumb of breaking the Eucharist and no other canonical impediment stands in the way, you shall not omit because of a deformity of this kind to promote him to the order of priest.
Carens ungula pollicis, dummodo sit fortis in pollice, licite ad sacerdotium promovetur.
Honorius III. Episcopo Engolismensi.
Thomas Monachus sancti Amantii de Brixia proposuit coram nobis, quod, quum in annis puerilibus esset constitutus, quaedam barra ferrea super dextrae suae pollicem fortuito casu cadens, ungulam avulsit ab eo. Quum autem desideret, sicut asserit, in sacerdotali officio Domino famulari, nobis humiliter supplicavit, ut per te, qui eius dioecesanus exsistis, promoveri eum in sacerdotem mandaremus. Quocirca fraternitati tuae mandamus, quatenus, si ad frangendum eucharistiam sit in pollice ipso potens, et aliud canonicum non obsistat, propter deformitatem huiusmodi non dimittas, quin eum ad ordinem promoveas sacerdotis.