Title — Decretals of Gregory IX
Title X: On Those Who Killed Their Children
Chapter I
Latin source headnote: A woman who deliberately kills her son must do penance perpetually in a monastery; if, however, concern is felt about her incontinence, permission to marry is granted to her, or at least is not denied.
Alexander III, to the Bishop of Tournai.
M., the woman bearing the present letters, coming to us, showed us with a tearful confession that, when she had begotten a son by a certain man, and he had often reproached her with a swollen countenance that the son was not his, she, led by the heat of anger and fury of mind, killed that same son. When this was discovered, the Count of Flanders compelled her to abjure the whole land for as long as seven years, unless she should remain by our permission. And when she had presented herself before us and had stated to us by her assertion that she had taken the cross, intending to set out for Jerusalem, we, recalling her from the journey to Jerusalem because in those parts her presence could not be useful but harmful, decided that she should be sent back to your fraternity, and by the authority of the present letters We command that you laboriously induce that woman to pass into some monastery of your episcopate, in which she may lament her sins in perpetual penance. But if, because the weakness of the flesh resists, she is unwilling to be induced to this, you are to grant her permission to marry in the Lord, because it appears safer to us that she marry in the Lord and admit one man alone than dishonorably admit many.
DE HIS, QUI FILIOS OCCIDERUNT.
Mulier, occidens sponte filium, debet perpetuo in monasterio poenitere; si tamen timetur de incontinentia, datur vel saltem non denegatur sibi licentia nubendi. Alexander III. Tornacensi Episcopo.
Veniens ad nos M. mulier latrix praesentium lacrimabili nobis confessione monstravit, quod, quum de quodam filium genuisset, et ille sibi saepe turgido vultu improperasset, quod filius eius non esset, ipsa, iracundiae calore et furore animi ducta, eundum filium interfecit. Quo comperto comes Flandrensis eam totam terram usque ad septennium abiurare coegit, nisi de nostra licentia remaneret. Quumque se nostro adspectui praesentasset, et, quod crucem suscepisset Hierosolymam profectura, nobis assertione sua proposuisset: nos eam, quia in partibus illis praesentia sua non posset esse utilis, sed damnosa, ab Hierosolymitano itinere revocantes, ipsam fraternitati tuae duximus remittendam, praesentium tibi auctoritate Mandamus, quatenus eam mulierem laboriosius inducere, ut ad aliquod monasterium tui episcopatus transeat, in quo peccata sua perpetua poenitentia deploret. Si autem repugnante carnis fragilitate ad hoc induci noluerit, ei licentiam in Domino nubendi tribuas, quia tutius nobis videtur, ut in Domino nubat et uni soli, quam inhoneste multos admittat.
Chapter II
Latin source headnote: A woman who kills her child must not on this account be separated from her husband; but another penance is to be imposed upon her.
Lucius III, to the Bishop of Paris.
We have understood from your letters that, when M., the woman bearing the present letters, had a little daughter, being inflamed by diabolical fury, at length, at the suggestion of him who rejoices in the destruction of the faithful, she slaughtered her with a lethal wound, on account of which the lord of the land compelled her husband and her to abjure the land. But because you have informed us that she has other children, wherefore dispensation should be made concerning her exile, we, having complete confidence in your discretion, have decided that she should be committed to your prudence, and by apostolic writings command that you make such provision in this matter that she may pay the penalty for her crime, that through your providence counsel may be taken in the Lord for her salvation and that of her children, and that, notwithstanding the alleged oath which the said lord is alleged to have extorted from her husband, you restore her, as you shall see to be expedient, to the same husband [of hers] and to her possessions, so that she may govern her children freely and peacefully.
Mulier, occidens filium, propter hoc a viro separari non debet; sed alia poenitentia sibi imponitur.
Lucius III. Parisiensi Episcopo.
Intelleximus ex literis tuis, quod, quum M. mulier latrix praesentium filiam parvam haberet, furore accensa diabolico tandem ipsam, suggerente eo, qui de fidelium perditione laetatur, letali vulnere iugulavit, propter quod dominus terrae maritum eius et ipsam compulit abiurare. Quia vero illam alios habere filios intimasti, unde circa ipsius exsilium debeat dispensari: nos, de discretione tua plenam fiduciam obtinentes, eam tuae duximus prudentiae remittendam, per apostolica scripta mandamus, quatenus ita super hoc provideas, quod sui sceleris poenam luat, et saluti eius ac filiorum ipsius per tuam providentiam in Domino consulatur, et, non obstante proposito iuramento, quod a viro dictus dominus proponitur extorsisse, eam, sicut expedire videris, eidem viro [suo] et rebus suis restituas ita, quod filios suos libere possit et pacifice gubernare.
Chapter III
Latin source headnote: It is summarized by itself, laying down the penance of parents beside whom children are found crushed.
The same.
Concerning infants who are found dead with their father and mother, and it is not apparent whether the infant was crushed by the father or by the mother, or suffocated, or died by his own death, the parents ought not to be secure on that account, nor indeed without punishment; nevertheless, consideration ought to be given to age, where not will but the event was the cause of death. But if it is not hidden from them that they themselves are the killers, they ought to know that they have gravely transgressed, as is proved by the Council of Ancyra. Certain persons, moreover, judge that a penance of three years ought to be imposed, one of which they are to complete on bread and water.
Se summat, ponens poenitentiam parentum, circa quos pueri reperiuntur oppressi. Idem.
De infantibus autem, qui mortui reperiuntur cum patre et matre, et non apparet, utrum a patre, vel a matre oppressus sit ipse, vel suffocatus, vel propria morte defunctus, non debent inde securi esse parentes, nec etiam sine poena; sed tamen consideratio debet esse aetatis, ubi non voluntas, sed eventus mortis causa fuerit. Si autem eos non latet, ipsos interfectores esse, scire debent, se graviter deliquisse, quod Ancyritano concilio probatur. Quidam autem poenitentiam trium annorum iudicant esse debere, quorum unum peragant in pane et aqua.