Title XLIX: On the Immunity of Churches, Cemeteries, and Things Pertaining to Them

Latin source headnote: In houses of churches a lay judge ought neither to judge nor seek lodging.

From the Synod of Pope John.

In houses of churches, let neither an envoy, nor a count, nor a public judge, nor a minister claim a court session or lodging as though by custom; but let them establish houses in public places, in which they may hold court and also be lodged according to ancient custom.

Latin source headnote: In a time of great necessity no one ought to be excused from the watch of the walls or of the city. This is what it says according to the understanding of Panormitanus.

Gregory, to the Archbishop of Tricensis.

It has come—(And below:) Let your fraternity permit no one to be excused from the watches of the walls either by our name or that of his church, or in any other way; but let all be compelled generally to this, so that, with all keeping watch, the custody of the city may better be provided for [with the Lord assisting].

Latin source headnote: A peasant bound to cultivation of the fields of a church cannot abandon it. This is what it says, summarizing generally.

The same, to Vitalis, Defender of Sardinia.

It has been reported—(And below:) It has also been told to us that the peasants of the [possession] of the same [church of Cagliari], abandoning its fields, furnish the cultivation of labor upon the possessions of private persons, from which circumstance [it is brought about that the possessions of the church, its own cultivator being occupied on the lands of others, waste away and do not exist as capable of paying their taxes;] which let your experience not permit to occur.

Latin source headnote: Lay persons imposing collections upon clerics or churches, or usurping their jurisdiction, if after being warned they do not desist, are excommunicated with their supporters; nevertheless a bishop with the clergy can furnish them subsidies in necessity.

From the Lateran Council.

No less on account of the sin of those who do it than on account of the loss of those who sustain it, it is known to be exceedingly grave that, in diverse parts of the world, consuls of cities and rectors, as well as others who appear to have power, frequently impose so many burdens upon churches, [and] so press them with grave and repeated exactions, that under them the priesthood appears to have been made of worse condition than it was under Pharaoh, who did not have knowledge of the divine law. He indeed, after all others had been subjected to servitude, left his priests and their possessions in their former freedom and administered sustenance to them from the public treasury. But these men impose nearly all their burdens upon churches and afflict them with so many forced services that that which Jeremiah laments appears to apply to them: “The princess of the provinces has been made tributary.” Whether indeed they judge that ditches, expeditions, or any other things are to be carried out for them, they wish nearly all of them to be accomplished from the goods of churches and clerics assigned to the uses of the poor of Christ. They so nullify also the jurisdiction and authority of bishops and other prelates that no power appears to have remained to them over their own men. Concerning this there is cause for grief [both] for the churches, and there is nonetheless cause for grief also for those very persons who appear wholly to have cast aside the fear of God and reverence for ecclesiastical order.

Wherefore, under the rigor of anathema, we more severely prohibit things of this kind from being done henceforth, unless the bishop and clergy perceive so great a necessity or utility that, without any exaction, they judge that subsidies should be conferred through the churches toward relieving common utilities or necessities where the resources of lay persons do not suffice. But if the consuls or others should commit these things henceforth, and, after being admonished, should perhaps be unwilling to desist, let them know that both they and their supporters are subject to excommunication, and let them not be restored to the communion [of the faithful] until they have made suitable satisfaction.

Latin source headnote: Causes of blood ought not to be conducted in a church or cemeteries.

Lucius III.

Since, according to evangelical truth, the Church of God ought to be a house of prayer, not a den of robbers or a forum of blood, under threat of anathema we prohibit secular judges from conducting in churches or cemeteries causes in which the shedding of blood and corporal punishment are at issue. For it is absurd and cruel that a judgment of blood be exercised where the protection of refuge is established.

Latin source headnote: One guilty of a crime who flees to a church is not to be drawn out of it violently, nor ought he any longer, under pretext of the crime committed, to be condemned to death or to another corporal punishment; nevertheless he is otherwise to be punished lawfully. It fails in the two cases expressed here. This is what it says first. A slave fleeing to a church out of fear of his master is to be restored to his master when the latter swears to his impunity. This is what it says second.

Innocent III, to the Illustrious King of Scotland.

Among other things which royal providence intimated to us by its letters, it solicitously asked what ought to be done concerning those who, perpetrating crimes, flee to a church so that, through reverence for the sacred place, they may be able to avoid the punishments due. We therefore, responding to your questions, according to the statutes of the sacred canons and the traditions of the civil laws, have considered that a distinction in a matter of this kind is to be made thus: one fleeing to a church exists either as a free man or a slave.

If free, however grave the crimes he has perpetrated, he is not to be drawn violently from the church, nor ought he thence to be condemned to death or to punishment; but the rectors of the churches ought to obtain his limbs and life for him. Nevertheless, concerning that which he did wickedly, he is otherwise to be punished lawfully. And this is true unless he was a public robber or a nocturnal devastator of fields, who, while he besets frequented ways or public roads with the snares of attack, on account of the magnitude of the crime, [since he both impedes common utility and strives altogether to do harm,] can be drawn from the church without impunity being furnished, according to the canonical sanctions.

But if it was a slave who fled to a church, after his master has furnished an oath to the clerics concerning his impunity, he is compelled to return to the service of his master even unwilling; otherwise he can be seized by the master. Therefore, dearest son, when anything of these things happens in your kingdom, take care to proceed according to the aforesaid distinction in such a way that the honor and immunity of churches is preserved unharmed and the opportunity for acting wickedly is taken away from men of perverse will. [Given at the Lateran. 1200.]

Latin source headnote: Clerics ought not to give assistance to the necessities or utilities of cities or other places, even where the resources of lay persons do not suffice, unless the Roman Pontiff is first consulted. This first. Judgments and constitutions issued by lay persons collecting from a church are void by the law itself and acquire no validity at any time. This second. Rectors excommunicated on account of the aforesaid burdens remain excommunicated even after office has been laid down; nonetheless their successors are excommunicated unless they have made satisfaction within a month. This third. It says this for greater explanation and for novices.

The same, in the General Council.

Wishing to provide for ecclesiastical immunity against consuls and rectors of cities, or others, who strive to burden churches and ecclesiastical men with tallages or collections and other exactions, the Lateran Council prohibited presumption of this kind under the rigor of anathema, and commanded transgressors and their supporters to be subject to excommunication until they have furnished suitable satisfaction. But if at any time perhaps a bishop together with the clerics perceives so great a necessity or utility that, without any compulsion, he considers that subsidies should be conferred through the churches toward relieving common utilities or necessities where the resources of lay persons do not suffice, let the aforesaid lay persons receive them humbly and devoutly with thanksgiving. Nevertheless, on account of the imprudence of certain persons, let the Roman Pontiff first be consulted, whose concern it is to provide for common utilities.

But because not even thus has the malice of certain persons against the Church of God grown quiet, we add that constitutions and judgments which have been promulgated by such persons or at their command are to be held vain and void, never to have force at any time. Moreover, because fraud and deceit ought to patronize no one, let no one be deceived by the vain error that he may sustain anathema during the term of his government as though after it he were not to be compelled to the debt of satisfaction. For we decree that both he himself who has refused to make satisfaction and his successor, unless he has made satisfaction within a month, remain enclosed by ecclesiastical censure until he has made suitable satisfaction, since he who is substituted in honor succeeds to the burden.

Latin source headnote: Prelates extorting from subjects more than is due, under pretext of procuration or another service furnished to a legate or another, will restore it and bestow as much upon the poor.

The same, in the same council.

Because very many prelates, in order to furnish procuration or some service to a legate or another, extort more from their subjects than they pay, and, pursuing profits in their losses, seek booty rather than subsidy from subjects, we prohibit this from being done henceforth. But if anyone should perhaps presume to do it, let him both restore the things thus extorted and be compelled to bestow as much upon the poor. But the superior with whom a complaint [concerning this] has been lodged, if he has been negligent in the execution of this statute, is to be subject to canonical punishment.

Latin source headnote: An unconsecrated church in which divine offices are celebrated enjoys immunity.

Gregory IX, to Astoricensis.

The privilege of immunity is taken away by no law from a church in which the divine mysteries are celebrated, although it has not yet been consecrated, because one dedicated to divine observances is to be profaned by no one’s rash daring. [If a church, etc. (cf. c. 10, On the Consecration of a Church III. 40.) Given at the Lateran, on the twelfth day before the Kalends of June. 1233.]

Latin source headnote: Those who commit offenses in churches or cemeteries under hope of immunity do not enjoy immunity.

The same, to the Archbishops of Toledo and Compostela.

Ecclesiastical immunity—(And below:) Certain persons, hoping to obtain impunity for their excesses through the protection of a church, do not fear to commit homicides and mutilations of limbs in the churches themselves or their cemeteries; which they would by no means have committed unless they believed themselves to be defended by the church to which they flee. (And below:) Since someone ought to be punished in that in which he offends, and he who commits an offense against the law invokes the aid of the law in vain, we command that you announce publicly that such persons ought not to enjoy the privilege of immunity, of which they make themselves unworthy.