Title I: On the Life and Honorable Conduct of Clerics

Latin source headnote: When celebration is taking place, the clergy ought to be separated from the people.

From the Council of Mainz.

Let laypersons not presume to stand or sit among the clerics beside the altar when the sacred mysteries are celebrated, whether at vigils or at Masses altogether; but let that part which is divided from the altar by the screens be open only to the clerics singing psalms. But for praying and communicating, let the holy of holies be open to laymen and women, as is the custom.

From the Council of Poitiers.

Let clerics bearing arms and usurers be excommunicated.

Latin source headnote: A priest having a people ought to have a cleric who sings with him and assists him in the other things expressed here.

From the Council of Mâcon.

Let every priest who rules a people have a cleric who sings with him, reads the epistle and lesson, and is able to maintain schools and admonish his parishioners to send their sons to the church to learn the faith, whom he himself shall instruct with all chastity.

Gregory IX.

If any one of the clerics lets his hair grow long, let him be anathema.

From the Council of Carthage.

Let a cleric grow neither his hair nor his beard.

Latin source headnote: A cleric who has not made profession and is not in sacred orders can take a wife; but he shall be tonsured again if he wishes to enjoy clerical privilege or, by dispensation, to retain a benefice. This it says according to the manner that is more consonant with the letter, according to which it posits only one case.

From the Council of Tribur.

If a cleric who is without a grade and was not delivered to a monastery by his parents takes a wife after relinquishing the tonsure, let him be permitted to have the wife and be tonsured again, and let him not dare to dismiss his wife during her life.

Latin source headnote: A cleric ought to bear the tonsure; and if he is unwilling, he can be tonsured against his will by his superior.

Alexander III, to the Archbishop of Canterbury.

To clerics—(And below: [Cf. c. 5, Lest Clerics or Monks, III. 50.]) Clerics who grow their hair and beard shall be tonsured by their archdeacons even against their will. With garments, etc. (Cf. c. 5, Lest Clerics or Monks, III. 50.)

Latin source headnote: One who frequents monasteries of nuns and, after being admonished, does not desist, is deposed if he is a cleric; if a layman, he is excommunicated.

The same, in the Lateran Council.

If, moreover, any cleric presumes to frequent monasteries of nuns without a manifest and reasonable cause, let him be restrained by the bishop; and if he does not desist, let him be rendered exempt from ecclesiastical office. If laymen do so, let them be subjected to excommunication and made altogether alien from the assembly of the faithful.

Latin source headnote: A bishop can establish in a church a certain number of clerics according to its means who live in common, and compel contradictors to this; and he can absolve those living in common from excommunication incurred on account of laying hands upon a companion.

Gregory VII.

Because, as Scripture says, the senses of man are inclined to evil from his youth, just as through sensuality the flesh inclines toward fault, so, with vigor of spirit preceding and divine grace following, the mind ought to strive toward pardon and always to seek remedies by which it may avoid rushing occasions of death. Hence indeed it is that, understanding that many things have occurred in your churches from one's own defect and many from another's malice, which either have offense in themselves or occasion for offending, we decree, through the authority of the Apostolic See, which by the Lord's disposition we serve, as it is given by him, that opposition is to be made, and that the authority of the episcopal office in you is to be fortified by apostolic writings for cutting away harmful things among your subjects and inserting useful ones, [we have determined,] recollecting that in the old law the Lord commanded, saying: “The fire shall always burn upon the altar, which the priest shall nourish, placing wood beneath it morning by morning each day.”

We establish, therefore, that, after the means and revenues and also expenses of your churches have been diligently inspected, you may establish in them a certain number of clerics and decree that their goods shall come into common, and that they shall eat in one house and sleep and rest under one roof. But if there are any contradictors, let it be lawful for you to compel them to this observance, notwithstanding appeal, through suspension from office and benefice, or even by a graver penalty if there is need. We also grant that, if anyone among those who live together has merited to be made alien from communion for laying a hand upon a companion, you shall have full power to reconcile him and impose penance, unless perhaps the atrocity of the act awaits a graver penalty. We will that this also be observed concerning women and those who, on account of old age or infirmity, cannot approach our presence, bringing no prejudice to an ecclesiastical constitution or our successors whereby they may have power to order concerning these things what they shall see more rightly.

Latin source headnote: Ecclesiastical and delegated judges ought to judge without payment, nor can they exact a tenth or another quota of the suit, even if custom has this.

Innocent III.

Since the Apostle commands abstinence from every appearance of evil, we who, although unworthy, have been established by God over peoples and kingdoms so that, according to the prophetic word, we may root out and destroy, build and plant, ought to strive with the greatest effort that we root out vices and plant virtues, destroy iniquitous things and build honorable ones, and thus, by the mediation of our solicitude, crooked things may pass into straight and rough things be converted into level. Although the labor of this solicitude of ours ought generally to extend to all, because we are debtors to the wise and the unwise, nevertheless it ought specially to extend to clerics, who ought to sleep away from vices so that they may be the silvered wings of the dove, lest anything appear in them that obscures the brightness of ecclesiastical purity.

Indeed, it has reached the hearing of our apostolate through the assertion of many that, when you receive causes to be treated by our delegation, in the manner of secular persons you make agreements with the litigants for your salary—pledges having been received—concerning a tenth of the suit or another part, according to the diverse custom of the lands, apart from expenses for provisions, which afterward you contend to retain until payment of the money, even when the parties are unwilling. We, considering that ecclesiastical revenues are allotted to you and other clerics for this purpose, that from them you ought to live honorably—(And below:) therefore, we command and enjoin that, abstaining henceforth from exactions of this kind, you take care to impart judicial vigor to litigants without payment, notwithstanding what is proposed by some in fraud: that it is exacted in the name of assessors, since it is lawful neither for a judge to sell a just judgment nor for venal sentences to be approved even by the secular laws themselves. [Given at Todi, on the fifth day before the Nones of October, 1198.]

Latin source headnote: To avoid scandal, religious of diverse habits, sent to preach to the newly converted, can conform themselves to one superior habit and purpose.

The same, to the Bishop of Livonia and to the Brothers who are with him.

God, who always makes his Church fruitful with new offspring, wishing to conform modern times to the former and to propagate the Catholic faith, inspired your predecessors, and you after them, with the pious affection that, entering the Province of Livonia, you should evangelize to the pagans the name of our Lord Jesus Christ, following the example of those to whom we read in the Gospel that it was said: “Going, teach all nations, baptizing them in the name of the Father and of the Son and of the Holy Spirit”; and concerning whom the evangelical word adds: “But they, setting forth, preached everywhere, the Lord cooperating and confirming the word by the signs that followed.” For that evangelical householder, considering that the harvest is great but the laborers few, still sends laborers into his harvest and in this, as though the eleventh hour, appoints new vine-dressers to his vineyard, whose labor he may recompense with an equal denarius with the first. Hence, since you have assumed the office of evangelizing by the inspiration of him who makes both one, you must walk in the spirit of unity and charity, following the example of those concerning whom it is read: “The multitude of believers, however, had one heart and one soul.”

Therefore, lest, if observance among you is disparate and habit dissimilar, scandal arise among those to whom you preach one Gospel, and that new people be divided into parties before it is gathered into one Church, since the hostile man is still prepared to sow tares over the Lord's harvest, we admonish and exhort your discretion in the Lord, through apostolic writings we command that, notwithstanding that among you there are monks and regular canons, or others also professing the regular life under another strictness, you all equally conform yourselves to one regular purpose and honorable habit, insofar as it concerns this office, lest the new plantation of the Church of Livonia, reddened with the blood of your predecessor of pious memory, brother bishop, suffer even a slight scandal among you, through whom it is to be rooted in and fostered in the Catholic faith. [But because (Cf. c. 9, On the Separation of Spouses, IV. 19.) Given at the Lateran, on the thirteenth day before the Kalends of May, 1201.]

Latin source headnote: Theatrical games ought not to be performed in churches or by clerics, even under pretext of custom.

Innocent III.

Since the beauty of the house of God—(And below: [Cf. c. 15, On the Sons of Priests, I. 15.]) Sometimes theatrical games are performed in the same churches, and not only are monstrosities of masks introduced in them for spectacles of mockery, but also on certain feasts of the year that immediately follow the Nativity of Christ, deacons, priests, and subdeacons in turn presume to exercise the mockeries of their madness, and through the obscene revelries of their gesticulations in the sight of the people cause clerical honor to become vile, although at that time they ought rather to soothe the people through preaching the word of God. Therefore, because through the office enjoined upon us zeal for the house of God consumes us, and the reproaches of those reproaching him are recognized to fall upon us, through apostolic writings we command your fraternity that, lest the honorable conduct of the Church be polluted through turpitude of this kind, those persons, etc. (Cf. c. 8, On Married Clerics, III. 3.), and that you take care thus to root out from your churches the aforesaid custom—or rather corruption—of mockeries, so that you prove yourselves zealous for divine worship and sacred order. [Given at Rome, at Saint Peter's, on the sixth day before the Ides of January, in the ninth year, 1207.]

Latin source headnote: Clerics ought to be continent and live chastely; he punishes those acting contrary, and those who can use lawful marriage are punished more severely.

The same, in the general council.

That the morals and acts of clerics may be reformed for the better, let all take care to live continently and chastely, especially those established in sacred orders, guarding against every vice of lust, especially that on account of which the wrath of God comes [from heaven] upon the children of distrust, so that in the sight of almighty God they may be able to minister with a pure heart and clean body. But lest facility of pardon furnish an incentive for offending, we establish that those who are caught laboring under the vice of incontinence shall be punished according to the canonical sanctions, in accordance with whether they have sinned more or less. We command that these be observed more efficaciously and strictly, so that temporal punishment may at least restrain from sin those whom divine fear does not recall from evil. Therefore, if anyone suspended for this cause presumes to celebrate divine services, not only shall he be despoiled of ecclesiastical benefices, but for this double fault he shall also be perpetually deposed. But prelates who presume to sustain such persons in their iniquities, especially under pretext of money or another temporal advantage, shall be subject to equal vengeance. But those who, according to the custom of their region, have not renounced conjugal union shall be punished more gravely if they lapse, since they can use lawful marriage.

Latin source headnote: A cleric given to gluttony or drunkenness who does not desist after being admonished is suspended from office or benefice.

The same, in the same council.

Let all clerics diligently abstain from gluttony and drunkenness; hence let them temper wine to themselves and themselves to wine. Nor let anyone be incited to drinking, since drunkenness both induces exile of the mind and provokes an incentive of lust. Hence we decree that abuse to be utterly abolished by which, in certain regions, drinkers bind themselves in their manner to equal draughts, and in the judgment of such persons he is praised more who intoxicates more persons and drains fuller cups. But if anyone shows himself culpable concerning these things, unless, after being admonished by his superior, he makes [suitable] satisfaction, let him be suspended from office or benefice.

Latin source headnote: He commands clerics to abstain from dishonorable occupations, persons, places, games, garments, and less than honorable adornment, and to use honorable habit, whose vanity he expresses and detests in many particulars.

The same, in the same council.

Let clerics not exercise secular offices or commerce, especially dishonorable ones. Let them not attend to mimes, jesters, and actors. And let them altogether avoid taverns, unless perhaps, established upon a journey, for cause of necessity. Let them not play at dice and knucklebones, nor be present at games of this kind. Let them have a suitable crown and tonsure. And let them exercise themselves diligently in ecclesiastical offices and other good studies. Let them wear closed outer garments, not notable for excessive shortness or length. Let them not use red or green cloths, nor stitched or pointed sleeves or shoes, bridles, saddles, breastplates, and gilded spurs, or things bearing another superfluity. Let them not wear sleeved copes for divine office within a church, nor elsewhere either if they are established in the priesthood and in parsonships, unless a just cause of fear requires their habit to be transformed. Let them bear no brooches at all, nor belts having ornament of gold or silver, nor rings either, except those to whom it belongs by office of dignity. But let all pontiffs in public and in church use linen outer garments, unless they are monks, who must bear monastic habit. Let them not use unclasped cloaks in public, but ones joined on each side either behind the neck or before the breast.

Latin source headnote: A cleric who, after being admonished a third time, does not abstain from secular commerce in the meantime loses clerical privilege as regards his goods. This it says. And it is a very noteworthy text that is alleged daily.

Honorius III, to the Bishop of Amiens.

From the letters of the noble man, the Count of Ponthieu and Montreuil, we understood that certain clerics in name alone of his land, declared taverners, who, not content with benefices but devoting themselves rather to illicit secular commerce and domestic cares than to divine offices and services, and wishing to enjoy clerical privilege, are unwilling to be subject to the statutes of the country, by which, whenever it is expedient, they defend themselves like laypersons, and to be subject in the profits of their commerce. Hence, because great scandal is generated from this among the laity, he humbly supplicated us that we should either command clerics of this kind to be compelled to serve [in] churches, illicit secular commerce being set aside, or permit them, as regards their means, to be subject to the statutes and customs of the province. Since, therefore, these things are recognized to redound to the reproach of clerical order, and the life of clerics ought not to generate scandal for laypersons but to furnish an example of honorable conduct, [through apostolic writings] we command your fraternity that, if it is so, since you are the diocesan of the place, if such clerics, after being admonished by you a third time, do not come to their senses from things of this kind but, divine offices having been set aside, persist in the aforesaid commerce, since by an act of this kind they cast away clerical privilege, you shall not defend them from being subject, while they implicate themselves in these things, to the statutes and customs of the country as regards their means. [Given at Rome, on the fourth day before the Ides of May, in the second year, 1218.]