Title — Decretals of Gregory IX

Title XXXVII: On Pleading

English · Latin · Both

1.

Chapter I

Latin source headnote: A cleric in sacred orders, or one in minor orders who has a benefice, ought not to plead in a secular forum except for himself, his church, or miserable persons.

From the Lateran Council.

Clerics in the subdiaconate and above, [and] also in minor orders if they are sustained by ecclesiastical stipends, are not to presume to become advocates in secular business before a secular judge, unless they are pursuing their own cause or that of their church, or perhaps acting for miserable persons who cannot administer their own causes. [But neither procurations, etc.]

2.

Chapter II

Latin source headnote: Regular canons, like monks, cannot plead except for the utility of the church or their monastery and at the abbot's command.

Innocent III, to the Archbishop of Compostela.

On your part it was proposed before us that certain regular canons, perhaps so that they may be able to demonstrate themselves learned in law and have material for wandering outside the cloister, presume to exercise the office of advocate not only in ecclesiastical but also in forensic causes. And when it is objected against them that, according to canonical sanctions, they ought not to be undertakers or executors even of forensic or ecclesiastical business unless perhaps the utility of the monastery demands it, with the abbot nevertheless commanding, they propose, to excuse their insolence, that the chapter through which the aforesaid things appear to be prohibited manifestly speaks concerning monks, not regular canons. Hence you wished to consult us whether such persons are to be admitted to advocacy. To this we answer your consultation in this manner: we believe that, with respect to the aforesaid matters, the same judgment concerning regular canons as concerning monks is to be observed, although monks are specially expressed in the canon. [Given at Rome at Saint Peter's, on the Ides of March, in the ninth year, 1206.]

3.

Chapter III

Latin source headnote: It summarizes itself.

Gregory IX.

Since it is the office of a priest to harm no one but to wish to benefit everyone, it is lawful for him to plead only for himself, his church, or, if necessity presses, persons connected to him or miserable persons. (And below:) But a cleric who presumes to be advocate or proctor for outsiders against the church from which he obtains a benefice can, as an ungrateful person, especially if he is a cleric of the same church, be despoiled of a benefice of this kind.