Title — Decretals of Gregory IX

Title XVIII: On Thefts

English · Latin · Both

1.

Chapter I

In Exodus.

He who steals a man and shall sell him, having been convicted of the offense, shall die by death.

2.

Chapter II

Latin source headnote: The ecclesiastical sacraments are to be denied to thieves and robbers dying in sin; it is otherwise if they repented at death.

From the Council of Tribur.

If thieves and robbers are killed while stealing or plundering, it was determined that prayer is not to be made for them. But if, having been captured or wounded, they shall have confessed to a priest or deacon, we do not deny them communion.

3.

Chapter III

Latin source headnote: One who commits theft from a necessity that is not very urgent sins, but not gravely; wherefore a light penance is to be imposed upon him. It says this according to the common understanding.

From the Penitential of Theodore.

If anyone shall have stolen foodstuffs, clothing, or livestock on account of the necessity of hunger or nakedness, let him do penance for three weeks; and, if he shall have returned it, let him not be compelled to fast.

4.

Chapter IV

Latin source headnote: One who does not disclose a thief on account of the gain that he obtains from him is guilty of sin.

Jerome, on Proverbs.

“He who shares with a thief kills his own soul.” Not only the thief is held guilty, but also the one who, aware of the theft, does not disclose it when the possessor makes inquiry.

5.

Chapter V

Latin source headnote: A secret thief can, after restitution and penance, be promoted to sacred orders.

Alexander III, to the Bishop of Cremona.

From your letters, if we remember rightly, it became known to our ears, and the diligent report of the beloved son I., our subdeacon, disclosed, that B., the bearer of the present letters, seizing a certain chalice incautiously left in a church, presumed to retain it for a long time. Afterward, nevertheless, being led by repentance, he humbly and reverently disclosed his offense to a priest in confession, and, according to the counsel of the same priest, made satisfaction concerning it to the church, as was fitting. Wherefore, because on account of this very matter the discretion of your fraternity hesitates to ordain him, by apostolic writings and by way of precept We command your prudence that, if the aforesaid B. voluntarily confessed the offense of presumption of this kind, made satisfaction concerning it to the church whose chalice it had been, and has not been stained concerning this with a manifest mark or ill repute, after the penance or a suitable part of the penance has been completed, provided that you know him to be otherwise suitable, you do not hesitate to promote him to sacred orders.