Title XXXV: On the Status of Monks and Regular Canons

Latin source headnote: A diocesan ought not molest monasteries except for the purpose of correction, nor claim for himself things offered to them.

Gregory, to the Archbishop of Naples.

Theodosius [abbot of the monastery of Saint Martin suggested to us by a petitionary intimation the matters contained below: that in the house once belonging to Martin, by his will, his predecessor Andrew, abbot of the monastery, constructed a monastery in which monks ought to dwell. And because he petitions that it be dedicated in honor of blessed Peter, prince of the Apostles, and Saint Michael the Archangel, we have thought your charity should be exhorted by the present writing that, when he petitions, you approach the aforesaid place without reluctance and furnish the venerable solemnities of dedication. And as often as it shall be necessary, let the venerable sacrifices of masses be celebrated by the priests of your church serving in the holy place, in such a way that] neither you nor your priests inflict any molestation upon any monastery beyond the diligence of discipline, or think that you may claim for yourselves anything that has come there [as an advantage] from the devotion of diverse persons, since whatever happens to be offered in this manner by the faithful ought to profit the monks serving there.

Latin source headnote: Monks ought not be placed singly throughout parishes. This first. If anything is given for becoming a monk, the one received is prohibited from sacred orders, and the one receiving is suspended from office. This second. A monk having private property without the license of the abbot is removed from communion of the altar and, dying thus, is deprived of burial and the communion of the brothers. This third. If money is conferred for having some office in a monastery, the giver and receiver are deposed. This fourth. In conventual priories those instituted by election are not to be removed without reasonable cause, and it gives three examples of reasonable cause. This it says, comprehending the substance.

From the Lateran Council.

Let monks not be received in a monastery for a price, nor be permitted to have private property, nor be placed singly throughout villages and towns or throughout any parochial churches whatever; but let them remain in a larger convent or with some brothers, and not await alone among secular persons the conflict of spiritual enemies, Solomon saying: “Woe to one alone! For when he falls, there is no one to raise him.” But if anyone, having been exacted from, gave something for his reception, let him not ascend to sacred orders; and let the one who received him be punished by suspension from his office. Moreover, one who has private property, unless it was permitted to him by the abbot for an administration enjoined upon him, is to be removed from communion of the altar; and one who at his last moments is found with private property and did not worthily repent, let no offering be made for him, nor let him receive burial among the brothers—which we command to be observed also concerning all religious. Moreover, let the abbot who does not diligently guard against these things know that he will incur the loss of his office.

Likewise, let priories or obediences be entrusted to no one by the gift of a price; otherwise [both] givers and receivers are to become strangers to ecclesiastical ministry. But priors, when they have been canonically instituted in conventual churches by election of their chapters, are not to be changed except for a manifest and reasonable cause: namely, if they have been dissipators, if they have lived incontinently, or if they have done something of such a kind on account of which they deservedly appear to be removed, or if also they are to be transferred for the necessity of a greater office by the counsel of the brothers.

Latin source headnote: He admonishes the Cistercians to observe the rule according to its original institution. This it says first. And a religious house aggregated to the Cistercians is bound to observe their customs. This it says second.

Alexander III, to the Abbots and Convents of the Cistercian Order.

Recalling how this holy plantation, this fruitful vine, and finally this vineyard of the Lord of Hosts budded under the first fathers of the order and, producing branches far and wide, brought forth flowers and poured out fragrances to drive away deadly poisons on every side, with most vigilant custody take care to adhere in all things to the footsteps of those through whom, with the Lord cooperating, a flower of honor of this kind was planted in the wilderness of this world. For these men, most content with monastic frugality, placing the best beginning in poverty, attained the complement of all sufficiency, dear to the church, acceptable to bishops and prelates, and glorious in reputation and merit in the sight of kings and princes. But now, what we say with sorrow is that, although not by all nor in all things, nevertheless by very many and in many things there is said to have been a departure from that holy institution to such a degree that some of you, utterly forgetful or ignorant of the first institution, contrary to the rule of your order possess villages, mills, churches, and altars; benignly receive fealties and homages; hold jurisdictions and tributaries; and apply every effort so that their boundaries may be enlarged on earth, although their conversation ought to be in heaven. Hence the order is utterly injured and corrupted, and it is not a change of the right hand of the Most High; indeed, rather, those pass from the right hand to the left who, after they decreed to serve God under the habit of poverty when they abandoned the world, are again entangled in secular affairs. From this, contentions and litigations are stirred up against you by those who are outside; and, while the abbots are occupied in forensic causes, torpor of the order and dissolution of charity arise exceedingly in the houses committed to them—especially because charity advances more in poverty and, disdainful of fellowship with cupidity, unless the latter is restrained, the former grows cold.

And therefore, with the entreaties and admonitions that we can, we exhort your holy and venerable college that those houses that were founded in that order from their first origin be content with boundaries established and ordained, and not wish inordinately to extend their hands toward those things that they will not be able to retain without many labors and dangers and thereafter without crimes and great confusion. For if, after abandoning the original institutes of the order, you wish to turn aside toward the common laws of other monasteries, you also will have to be judged by common law, because it is fitting that those who assume a life similar to others should experience a similar discipline under the laws.

But let those houses that have transferred themselves from other institutes to your order strive wholly to conform themselves to your usages; and, after abandoning or even exchanging possessions that your institute does not receive, let them so adapt themselves in all things to your religion that, just as they rejoice that they themselves have been assumed into fellowship of the order and identity of habit and regular observance, so also in the poverty of secular things they may rejoice that they have been conformed to your institutes, so that from this they ought to become both more lovable to the heavenly Creator and deservedly dearer to us and the universal church. Indeed, if the authority of the Apostolic See has dispensed concerning these possessions in the case of any one of your monasteries, no example is to be taken from this by any of you, because it is rash and unworthy for anyone to presume by his own authority for himself what, after attending to a certain reason, the Roman church wished to grant to some monastery by singular benefits.

Latin source headnote: A regular canon who did not resign his private property at death ought not be buried in the cemetery; and if he was in fact buried, he ought to be exhumed from it if this can be done without scandal.

Clement III.

Concerning a certain regular canon who, acting at the point of death, although admonished by his prior, was unwilling to resign the private property that he had secretly held contrary to the rule, and thus closed his last day and was given burial among the other brothers, you thought it necessary that we be consulted. But because we do not believe that you are ignorant of what is held established concerning such persons in the Rule of blessed Augustine, and that it is manifestly established that this same thing was prohibited at the Lateran synod, we answer your inquiry in this manner: that canon was not only to be deprived of Christian burial, but even, if it could be done without the greatest scandal, is worthy to be cast out of the church itself and buried outside the church's cemetery, since, as is expressed in the same synod, neither is an offering to be made for him nor ought he to have burial among the brothers. Moreover, when perhaps this happens, it is to be done in similar cases.

Latin source headnote: A regular canon can be placed over a parochial church, even a secular one; but he ought to have with him a companion of his order, if it can conveniently be done.

Innocent III, to V., Pleban of Saint Gavinius.

That you hold the fear of God before your eyes is evidently gathered from your fruits, since the works that you do bear witness to the truth. Hence we commend your purpose in the Lord. Indeed, as it sounded in our ears long ago, once, desiring to pass to the fruit of a better life, after resigning the office of pleban, you made a promise concerning your conversion before the brothers of Saint Victor of Bologna, neither emitting solemn profession nor assuming the religious habit. But the nobleman Count Albert and the parishioners of the same parish, attending to the fact that you had presided laudably and that no small loss threatened the same place from your departure, have until now delayed your desire; and they obtained from our venerable brother the Bishop of Florence that you minister there. Our beloved son P., cardinal priest of the basilica of the Twelve Apostles, then legate of the Apostolic See, after weighing the utility of the parish, is also said to have assented to this, which the aforesaid count and parishioners humbly petitioned us to hold ratified, especially since you are known until now to have done it with the license of the prior of Saint Victor of Bologna.

Although it is provided concerning monks at the Lateran Council that they are not to be placed singly throughout villages and towns or throughout any parochial churches, but are to remain in a larger convent or with some brothers, lest they await alone among secular persons the conflict of spiritual enemies, Solomon saying: “Woe to one alone! For if he falls, there is no one to raise him”; nevertheless, because this is not specially provided concerning regular canons, who, although they are not thought separated from the fellowship of holy monks, nevertheless serve a more lax rule, and because according to the ancient canons even monks can be ordained priests for the governance of parochial churches, from which they ought to exercise the office of preaching, which is privileged, we have thought that assent should be given to the petitions in this manner: that, while exercising the office of pleban, if it can conveniently be done, you have one regular canon with you for security, so that in those things that belong to God and regular observance you may enjoy both his fellowship and his solace.

Latin source headnote: First it treats of the clothing of monks. Secondly, of the renunciation of property. Thirdly, of silence. Fourthly, of foods. Fifthly, of offices in general and in particular.

The same, to the Abbot and Convent of Subiaco.

When we had come to the monastery of Subiaco in person: (And below:) We firmly prohibited any of the monks from henceforth using linen shirts. Moreover, to supply the defect of hospitality, he granted the multure of one mill, intending for the time being to grant greater things, yet in such a way that alms be conferred from the cellarer's office to relieve the necessity of the poor. But we recalled to the use of the sick the aforesaid churches that had been assigned as benefices to secular clerics, decreeing void the grant of the hospital that had been made to the Bishop of Anagni, and establishing that they should not thereafter be granted to anyone as a benefice; but let the infirmarian dispose of those churches as he knows will be more expedient for the necessities of the sick.

We also strictly prohibit, by virtue of obedience under attestation of divine judgment, that any monk henceforth possess private property in any way; but, if anyone has any private property, let him resign it all immediately. But if after this he is detected to have any property, after prior regular admonition let him be expelled from the monastery and not received thereafter unless he repents according to monastic discipline. But if property is found with anyone at death, let it be buried beneath the ground with him outside the monastery in a dunghill as a sign of perdition, according to what blessed Gregory narrates in the Dialogues that he did. Nevertheless, let the abbot and prior inquire frequently and investigate diligently, lest any of the brothers be able to have private property. Hence, if anything has been specially destined for anyone, let him not presume to receive it, but let it be assigned to the abbot, prior, or cellarer.

Moreover, in the oratory, refectory, and dormitory let continual silence always be observed, and in the cloister also at certain hours and places, according to the ancient custom of the monastery laudably observed, but henceforth to be observed more laudably. In the refectory, moreover, let no one eat flesh at all. Nor on certain solemnities, as was once customary to be done, let the convent go out with the abbot, a few being left there, to eat flesh outside the refectory, since on those days especially regular discipline is to be observed more studiously. Nor let them believe that eating flesh is lawful for them outside the refectory, except only in the infirmary, although by indulgence the abbot can sometimes call some of the brothers—now these, now those, as necessity demands—and furnish them better and more fully with food with him in his chamber.

Furthermore, let the weak and sick who need bloodletting or some medicine receive competently, not separately in chambers but all in the infirmary, whatever is necessary for them, both in flesh and in other things. But if any of them is so weak or even delicate that he cannot be content with the common foods, let provision be made for him without scandal to the others in such a way that, if the abbot or prior wishes to show him special mercy in the refectory, he cause some suitable food to be brought not before that man but before himself, from which he himself may make him a pittance for the sustenance of nature.

Let those who will be faithful and discreet be deputed to perform the offices of the monastery. Nor let any obedience be committed to anyone to be possessed perpetually, as though it were leased to him for his life; but, when he ought to be removed, let him be recalled without any contradiction. Moreover, above the others after the abbot, let the prior be powerful in work and speech, so that by the example of his life and the word of doctrine he may both instruct his brothers in good and recall them from evil; having zeal for religion according to conscience, so that he may reprove and chastise offenders, but cherish and strengthen the obedient. Moreover, let the abbot, whom all are reverently to obey in all things, be with the brothers in convent as frequently as he can, bearing vigilant care and diligent solicitude concerning all things, so that he may be able to render to God a worthy account of the office committed to him. But if he is a transgressor or contemner of the order, or negligent or remiss, let him know for certain that he is not only to be deposed from office but also to be chastised in another manner according to the rule [gravely], since not only his own offense but also another's will be required from his hands. Nor let the abbot think that he can dispense with any monk concerning the possession of property, because renunciation of property, just like the guarding of chastity, is annexed to the monastic rule to such a degree that not even the Supreme Pontiff can grant license contrary to it.

Latin source headnote: First, it establishes that provincial councils of regulars are to be celebrated every three years. Secondly, it moderates the number of mounts and persons coming. Thirdly, it disposes concerning the instructors and those presiding over the chapter. Fourthly, concerning the time for which the chapter is to last and what will be done there. Fifthly, that what is done there be observed. Sixthly, concerning the following chapter. Seventhly, concerning leading a common life. Eighthly, concerning the visitors to be elected and their office. Ninthly, it extends this to regular canons. Tenthly, it provides concerning a disagreement among the visitors. Eleventhly, it exhorts diocesans to the reformation of monasteries. Twelfthly, it commands that the insolent and similar persons be restrained from offenses against monasteries. And this division suffices for a summary.

The same, in the General Council.

In each kingdom or province, saving the right of the diocesan pontiffs, let a common chapter of abbots and of priors who do not have their own abbots and who have not been accustomed to celebrate such a chapter be held every three years. Let all who do not have a canonical impediment come to it at one of the monasteries suitable for this, with this moderation applied: that none of them bring more than six mounts and eight persons. Moreover, [charitably] let them invite, at the beginnings of an innovation of this kind, two neighboring abbots of the Cistercian order to furnish them suitable counsel and aid, since they are more fully instructed by long custom in celebrating chapters of this kind. Without contradiction, let these associate with themselves two from among them whom they see to be expedient, and let these four preside over the whole chapter in such a way that none of them assume for himself from this the authority of prelacy, whence, when it is expedient, he can be changed by provident deliberation.

Let a chapter of this kind be celebrated continuously for some certain days according to the custom of the Cistercian order, in which diligent discussion is to be had concerning reformation of the order and regular observance. And let what has been established with the approval of those four be inviolably observed [by all], every excuse, [and] contradiction, and appeal having been removed, provision nonetheless having been made as to where the chapter ought to be celebrated at the following term. And let those who have come lead a common life and together make all common expenses proportionately, in such a way that, if all cannot stay in the same buildings, at least several may stay together in different houses.

Let religious and circumspect persons also be appointed in the same chapter who, according to the form prescribed for them, should take care in our place to visit the individual abbeys of the same kingdom or province, not only of monks but also of nuns, correcting and reforming those things that they see to need the office of correction and reformation. If they recognize that the ruler of a place is to be removed entirely from administration, let them announce it to his own bishop so that he may take care to remove him. But if he does not do this, let the visitors themselves report it to the examination of the Apostolic See. We will and command regular canons to observe this same thing according to their order.

But if in this innovation any difficulty emerges that cannot be resolved through the aforesaid persons, let it be referred without scandal to the judgment of the Apostolic See, the other things that have been provided by concordant deliberation being irrefragably observed. Furthermore, let diocesan bishops take care so to reform the monasteries subject to them that, when the aforesaid visitors approach them, they may find in them more that is worthy of commendation than of correction, most attentively taking care lest the said monasteries be burdened by them with undue burdens; because, just as we wish the rights of superiors to be observed, so we are unwilling for inferiors to sustain injuries.

In addition to this, we strictly command both diocesan bishops and the persons who will preside over the chapters to be celebrated that, through ecclesiastical censure, appeal having been removed, they restrain advocates, patrons, vicedomini, rectors and consuls, magnates and knights, or any others, lest they presume to offend monasteries in persons or things; and if perhaps they have offended, let them not omit to compel them to satisfaction, so that the monks may be able more freely and quietly to serve almighty God.

Latin source headnote: First it treats of the correction of monks. Secondly, of the correction of abbots; thirdly, of visitors. Fourthly, of secular persons beneficed in monasteries. Fifthly, it extends the constitution to nuns. Let this suffice for a summary.

Honorius III, to the Abbots and Monks Constituted in Lombardy and the March of Treviso.

Those things that are providently ordained for the honor of religion and the salvation of religious are to be strengthened by apostolic protection, so that they may be received more devoutly and observed more diligently. Since, therefore, through our beloved son the Abbot of Montisbellus certain chapters were presented to us that, for chastising the manifold transgressions and excesses he had found in certain monasteries, appeared laudably to be established for your salvation and honor, we caused them to be examined and corrected, and we command you to observe inviolably those that, for security, we caused to be fortified with the seals of our venerable brothers H., Bishop of Ostia, and N., Bishop of Tusculum. In addition to these things, we will and command by the authority of the present letters that the visitors summon to the general chapter the abbots and the priors not having their own abbots, both exempt and non-exempt, of Lombardy and the March, who have not been accustomed to celebrate a chapter of this kind; providing that, every canonical impediment having been removed, in the general chapter itself they compel by ecclesiastical censure, the obstacle of any contradiction and appeal having been removed, those who have contemned or neglected to come, and not relax until fitting satisfaction the sentence that they have duly rendered against them; and by the same censure they are to cause what has been ordained in the same chapter by provident deliberation to be firmly observed. Both they themselves and the visitors and others, according to the ministry of each, will render an account at the final examination to the Lord, in whose sight all things are naked and open, if they neglect to apply all the solicitude and diligence that ought to be expended upon the correction and reformation of the order and the visitation of the monasteries.

Furthermore, when the visitors appointed by the general chapter of abbots according to the statute of the general council proceed to execute the office of visitation, let them inquire diligently concerning the condition of the monks and regular observances, and correct and reform in both spiritual and temporal matters what they see is to be corrected; yet in such a way that they cause offending monks to be corrected through the abbot of the place and salutary penance to be enjoined upon them according to the Rule of blessed Benedict and the apostolic institutes, not according to the norm of a depraved custom that has grown strong as though law in certain churches. Let the visitors themselves also strike, in our place, by regular censure and according to the measure of the fault, without preference of persons, those monks whom they find contumacious and rebellious, not sparing the rebellious because of their obstinacy or the power of their friends, but casting the diseased sheep out of the sheepfold, lest it infect the healthy sheep.

But if abbots are found negligent in correcting themselves or their monks according to the mandate of the visitors and the regular institutes, let them be denounced and reproved and so punished publicly in the general chapter that their punishment may be an example to others. But if any non-exempt abbot is found by the visitors to be excessively negligent and remiss, let them announce it without delay to the diocesan of the place, and through him let a faithful and provident coadjutor be given to the abbot until the general chapter. But if he is found to be a dissipator or otherwise deservedly to be removed, after this has been announced to him by the visitors, let him be removed by the diocesan from governance of the abbey without the clamor of judicial proceedings, and meanwhile let a suitable administrator be provided for the monastery to bear care of its temporal things until the monastery itself has been provided with an abbot. But if perhaps the bishop is unwilling or neglects to fulfill this, let the visitors or those presiding in the general chapter not defer intimating the bishop's default to the Apostolic See.

We command these same things to be done concerning exempt abbots through the visitors or those presiding in the general chapter, only their deposition being reserved to the Apostolic See, so that, when an abbot who appears ought to be removed has meanwhile been suspended from administration by the visitors or those presiding in the chapter, a suitable administrator may be deputed to the monastery. Moreover, let those presiding over the chapter announce to us through faithful and prudent messengers their excesses and the other matters that appear should be intimated; to these messengers let sufficient expenses be ministered from the common contribution of the abbots according to the means of each. Moreover, let the succeeding visitors diligently seek out the footsteps of the previous visitors and report their negligences and excesses to the following general chapter, so that according to the fault they may publicly bear the punishment due. We command this same thing also to be observed concerning the abbots presiding over the general chapter.

We also command that henceforth in no monastery are abbots and monks to receive secular clerics to prebends; nor let those who have already been received strive to claim for themselves a place or voice in the chapter, dormitory, refectory, or cloister, or presume importunately to mingle themselves with the assemblies of the monks; but, content with the benefices granted to them, let them conduct themselves honorably, faithfully furnishing appropriate services in the monasteries, and demand or usurp nothing further in spiritual or temporal matters in the monasteries themselves. But if any such persons are found criminal by the visitors, let them be deprived of the same benefices through the diocesan bishop in non-exempt monasteries, and through the visitors or those presiding over the general chapter in exempt monasteries. Moreover, we command all these things to be observed also in monasteries that do not have their own abbots but priors, and also in monasteries of nuns, as to the articles fitting abbesses and nuns.