Title XVII: On Robbers, Incendiaries, and Violators of Churches

Latin source headnote: By reason of robbery, someone is allotted the forum of one who is not his judge, and he can be punished by that judge with his own judge supporting him.

From the Council of Meaux.

Concerning those who have a benefice or inheritance within a parish, are parishioners of another bishop, and travel from place to place and there commit robberies and depredations, it was determined that they be excommunicated by the prelate of that place, and not depart from that parish before they worthily make amends for what they perpetrated. Their excommunication is to be made known to their superior and their own bishop, lest he receive them before they return to the place where they committed the robbery and make full amends for everything.

Latin source headnote: A manifest robber or violator of a church, if he restores or gives security for restoration, is admitted during life and at death to penance and burial. But if he was unwilling to give security when he could, and at death cannot do so, clerics ought not to be present at his burial; and clerics who are present or impose penance contrary to this disposition are deposed from office and benefice.

Eugenius III.

Concerning that, moreover, which by common deliberation with our brothers we decreed in council regarding robbers and violators of churches, and priests who should attempt to impose penance upon them or to receive their offerings contrary to our statute, we decree in that same constitution, following the footsteps of the holy Fathers, and likewise confirm by the authority of God and of the blessed Apostles Peter and Paul, We decree that, if anyone among those robbers who, at the devil's suggestion, have violently risen up to robbery in the City, or anyone who has been manifestly apprehended in the violation of churches, does not first restore what was taken, if he can, or furnish firm and full security for making amends, the benefit of penance is to be denied to him entirely. But if, which may it not happen, he shall have persisted in his contumacy until death and, placed at the point of death, shall humbly have sought the remedy of penance, if he shall furnish amends or security for making amends and shall give suitable sureties who ought to restore what was taken, penance and ecclesiastical burial are to be granted to him. But one who, while in health, did not repent or make amends, through an obstinate mind, and at death was unable to furnish security and sureties, as we have said, the solemnity of penance indeed appears, as we believe, to profit him little; nevertheless, if he is contrite for his sin, viaticum is not to be denied to him, yet in such a manner that no cleric is present at his burial or presumes to receive his alms. But if any priests or clerics should attempt, contrary to this, to give penance during life or at death, to be present at their burial, or to receive their alms, or should be found participants in robbery of this kind, let them suffer irrecoverable loss of their order and lack ecclesiastical benefice.

Latin source headnote: Those who capture or despoil faithful persons traveling by ship for a just cause ought to be excommunicated. It says this first. Those who despoil persons suffering shipwreck are excommunicated unless they restore what was taken. This is the second point.

From the Lateran Council.

Let those also be subjected to excommunication who presume either to capture Romans or other Christians carried by ship for trade or other honorable causes, or to despoil them of their possessions. Those also who, with condemned cupidity, despoil of their possessions Christians suffering shipwreck, to whom according to the rule of faith they are bound to render assistance, are to know that they are subject to excommunication unless they return what was taken.

Latin source headnote: By delegation of the prince, prelates can judge concerning robbery and other crimes; nevertheless, they cannot inflict a penalty of blood.

Alexander III, to the Archbishop of Palermo.

It is said to happen sometimes in your archbishopric that Saracens seize Christian women and boys and presume to abuse them, and at times do not fear even to kill some, [a thing terrible to hear]. Since, moreover, our dearest son in Christ, the illustrious William, King of Sicily, has committed offenses of this kind to you and other bishops to be punished, your prudence led you to consult us as to what is to be done with Saracens who have been caught in so nefarious a crime. Concerning this, certainly, We respond thus to your consultation: you will be able to chastise such persons existing within your jurisdiction with a monetary penalty, and even to afflict them with scourges, yet with [such] moderation employed that the scourges by no means appear to pass into vengeance of blood. But if the offense of the Saracens concerning this matter shall have been so grave that they ought to suffer death or the cutting off of members, you are to reserve the exercise of that vengeance to the royal power.

Latin source headnote: An incendiary of a church, repenting and absolved at death, is buried in a cemetery, and his heirs are compelled to make satisfaction according to the means of the deceased. It says this.

The same, to the Bishop of Clermont.

It was contained in your letters, which I., the bearer of the present letters, presented, that H., who had been entangled in many crimes and had committed the burning of churches at the devil's instigation, at length, when placed in his last illness, confessed himself a sinner, and, after accepting penance for what had been committed, was absolved from the sentence of anathema by the hand of his chaplain; but at death he could not have ecclesiastical burial. Therefore, if the matter so occurred, by apostolic writings and by way of precept we command your fraternity that, with appeal ceasing, you cause the body of the same father of the aforesaid I. to be buried in the cemetery, and admonish and compel his heirs worthily to make satisfaction, according to his means, to those upon whom he had inflicted losses contrary to justice through burning or in another manner, so that he may thus be freed from sin.

Latin source headnote: There is not said to be abduction where a willing woman is carried away for marriage; nevertheless, the abductor can contract marriage with the woman abducted, and after consummation of the marriage one cannot enter religious life without the consent of the other. It says this together with the following chapter.

Lucius III, to the Bishop of Burgos.

When we had committed to your experience for termination the case that is pending between the knight E., the bearer of the present letters, and his wife, the knight E., seeking her return and asserting that the woman had lawfully married him, steadfastly declared that he would prove this through canonical proofs. The woman, however, proposed that, having been given to another man at the suggestion of her lords and parents, she turned away from the love of that knight, who had previously carried her away from her parents, yet with her willing, as is said, and afterward, before he knew her carnally, betrothed her; thereafter she was enclosed in a monastery of nuns, where she is also detained. Wherefore, because concerning these matters your prudence decided that the Apostolic See should be consulted, by this present communication to you We respond that, since abduction is said to be committed where nothing concerning marriage is treated beforehand, this man ought not to be called an abductor, since he had the woman's assent and betrothed her before he knew her carnally, although her parents perhaps protested, from whom he is said to have carried her away. Furthermore, since after marriage has been perfected by carnal union, the Apostle bearing witness, the wife does not have power over her own body, but the husband does, and conversely, if it shall have become clear, either from the man's canonical proofs or from the woman's confession, that the marriage preceded, she could not afterward enter a monastery or otherwise profess continence without the man's assent. Therefore, because after the consummated marriage the abducted woman was placed by force in the monastery, she will not be able to decline the consortium of the husband, especially if it cannot be proved that the husband assented that the woman should profess continence.

Latin source headnote: A woman who has been abducted can contract marriage with her abductor when free faculty in contracting is given to her.

Innocent III, to the Bishop of Saron.

Coming to the Apostolic See. (And below: [cf. c. 24, On Prebends, III. 5.]) A girl who has been abducted will contract lawfully with her abductor if her prior dissent afterward passes into consent, and what displeased her before at length begins to please her, provided that the persons are legally qualified to contract.