Title II: On the Cohabitation of Clerics and Women

Latin source headnote: A cleric ought not to retain in his house a woman suspected of incontinence, even if she is his mother or another blood relative.

From the Council of Mainz.

It is to be forbidden and threatened in every way that no priest retain in his house women as [also] is contained as inserted in the canon, concerning whom suspicion can exist. But neither should he retain those whom the canons permit, [namely] a mother, paternal aunt, and sister, because, at the devil's instigation, crime is found to have been frequently perpetrated even with them, or also with their maidservants. But if any one of these has a necessity suffering such a condition, priests are to have for them a house in a village or country estate far from their own dwelling, and there supply to them the things that are necessary. But according to the authority of the canons, in every way it is also to be forbidden that any woman presume to approach the altar, or minister to a priest, or stand or sit within the chancel.

Latin source headnote: A cleric in sacred orders who, after being admonished, does not desist from conversation with suspect women or from their company is excommunicated.

From a decree of Pope Eugenius.

If any one of the priests, that is, a presbyter, deacon, or subdeacon, suspected of the crime of fornication with any woman whatsoever, is found after the first, second, and third admonition to converse and in any way associate with her, let him be subjected to excommunication; but let the woman be judged canonically.

Latin source headnote: A prelate ought not to compel a cleric to abjure a concubine; but he can excommunicate one unwilling to dismiss her.

Alexander III, to the Archbishop of Salerno.

Moreover, we do not wish your fraternity to compel clerics constituted in sacred orders who publicly keep concubines in their own houses to abjure them, lest, returning to the same fornication by the instigation of diabolical fraud, they incur the guilt of perjury. But you ought to compel them more strictly by a sentence of suspension and interdict to remove those women from themselves in such a way that sinister suspicion cannot be had concerning them. And if any of them should perhaps presume to return to them or take others, you ought to pronounce against some of them a perpetual sentence of excommunication, so that others, terrified by their example, may be restrained from similar acts.

Latin source headnote: If clerics, after being admonished, do not dismiss their concubines, they are suspended from benefices, and, if they do not correct themselves, they are deposed.

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

Just as it becomes us to strive with the utmost effort to extirpate vices that give rise to danger of souls, so also it befits us to propagate the seeds of virtues, from which an increase of salvation may come to [God's] faithful and the adornment of honorable conduct to sacred churches. Hence, since in England it has been established by a depraved and detestable custom and for a long time that clerics have fornicating women in their houses, we, wishing to remove so grave a scandal from the people and to bring the aforesaid clerics back to ecclesiastical honorable conduct, command your fraternity by apostolic writings, by way of precept, that you take care diligently to admonish the clerics of your jurisdiction who, in the subdiaconate and above, have had fornicating women in their houses, that they remove them from themselves cessation of delay and appeal, in no way to admit them further. But if within forty days after your communication they should perhaps disdain to acquiesce in these matters, relying upon apostolic authority and with the remedy of appeal removed, suspend them from ecclesiastical benefices until fitting satisfaction; and, if while suspended they presume to retain them, take care to remove them perpetually from the same benefices. [But if any, etc. (Cf. c. 1, On Married Clerics, III. 3.)]

Latin source headnote: Letters concerning absolution, obtained by a suspended concubinary cleric with the sequence of facts suppressed, are not valid.

The same, to the Archbishop of York.

But concerning what you assert, that A., a presbyter retaining a fornicating woman, was suspended from his office because of this, we answer your prudence thus: that, if an appeal has been made concerning this to our presence, if it should happen that he comes to us, as we shall see to be expedient, we shall correct his pertinacity and audacity. But if he does not come to our presence, we wish the sentence of suspension pronounced against him because of this to be observed for so long until he casts his fornicating woman wholly away from himself and lives continently, as befits a presbyter. Moreover, if he obtains from us letters that do not contain the sequence of the fact, we do not wish those letters to profit him.

Latin source headnote: If clerics, after being admonished, do not dismiss their concubines, they are suspended from benefices, and, if they do not correct themselves, they are deposed.

The same, to the Archbishop of London.

But if clerics of your jurisdiction, whether constituted in sacred orders or in lower ones, retain fornicating women, unless at the second or third admonition they dismiss them from themselves, to hold them in contempt thereafter, let it be lawful for you, appeal being set aside, to despoil them of churches or portions of them, if they have any, their office nevertheless being interdicted to them.

Latin source headnote: Divine offices are lawfully heard and ecclesiastical sacraments received from a fornicating cleric so long as he is tolerated and there is no manifest evidence of the deed; but one must abstain from a notorious one, not because there is a defect in the sacrament, but for the correction of the fornicators themselves. This it says, adhering to the words of the letter.

Lucius III.

Your devotion has thought fit to inquire whether, when you go to parish churches, [it is useful to hear the masses of those] who are believed to have concubines. For concerning this, [indeed,] diverse opinions of the sacred canons seem to have issued. For in one place it is said: “Let no one hear the mass of a priest whom he knows indubitably to have a concubine”; but elsewhere it is read: “No one, however polluted he may have been, can pollute the divine sacraments, which exist as purgatives of all contagions. For of whatever sort a priest may be, the things that are holy cannot be defiled. Therefore receive fearlessly the mysteries of Christ from every priest, because all things are purified in the faith of Christ.” Yet one thing is a notorious crime, another a hidden one. Notorious is defined as that concerning which a presbyter is canonically condemned. Another is hidden, which is still tolerated by the Church. Yet one thing is when a presbyter does not deny a notorious crime or has been canonically condemned concerning it; another is almost hidden, which is tolerated by the Church. Likewise, one thing is to abstain from the offices of such men, so that license to sin may be taken away from others and men of this kind may be drawn to the fruit of penance; and another, if the mysteries of such men are rejected as though they lay in fornication. Therefore hold without doubt that from clerics and presbyters, although fornicators, so long as they are tolerated by the Church and do not have manifest evidence of the deed, the divine mysteries may lawfully be heard and the other ecclesiastical sacraments received.

Latin source headnote: If the fornication of a cleric is so public that it passes into notoriety, neither accuser nor witness is necessary. But if it is public through report alone, testimonies alone—that is, statements of witnesses not under oath—do not suffice for condemnation. But if scandal should arise from this, purgation is imposed, and one failing in it is canonically punished.

Innocent III, to the Bishop of Exeter.

Your fraternity has thought fit to consult us whether, concerning clerics publicly having concubines who, when they are called before you, deny that they are concubinaries, and no lawful accuser appears against them, belief is to be given to the testimony of good men among whom they are known to live. We therefore answer your consultation thus: that, if their crime is so public that it ought deservedly to be called notorious, in that case neither witness nor accuser is necessary, since a crime of this kind cannot be concealed by any evasion. But if it is public not from manifest evidence but from report, in that case testimonies alone do not suffice for their condemnation, since judgment is to be made not by testimonies but by witnesses. But if such suspicion is had concerning those clerics that scandal is generated from it among the people, although no accuser has appeared against them, canonical purgation is nevertheless to be imposed upon them. If they are unwilling to perform it or fail in performing it, you ought to punish them by canonical chastisement. [Given at the Lateran, on the fifth day before the Ides of May, 1199.]

Latin source headnote: It is brief, whence it is not summarized.

The same, to the Bishop of Pistoia.

Your fraternity has asked of us—(And below: [Cf. c. 24, On Tithes, III. 30.]) You are also not to permit little women to dwell with clerics, unless perhaps they are among those persons in whom the bond of nature permits no suspicion of savage crime. [Given at the Lateran, on the fourth day before the Nones of December, 1199.]

Latin source headnote: A concubinary cleric is not to be avoided in offices unless he is notorious.

Gregory IX.

It has been asked concerning clerics fallen into fornication whether their office is to be heard before they have repented. But although it is established that anyone is suspended as regards himself for mortal sin, he ought nevertheless not to be avoided in offices, because, as regards others, even in the case proposed he is not suspended, unless a sin of this kind is notorious through a sentence or through a confession made in court, or through manifest evidence of the matter, which cannot be concealed by any evasion.