Title XXI: On Sorceries

Latin source headnote: Sortileges for discovering future things or making divinations are prohibited, and a penalty is imposed upon those acting contrary to this.

From the Penitential of Theodore.

Thefts are not to be sought by lot in tablets, books, or other things, nor is anyone to cast lots in a psalter, the Gospel, or other things, nor is anyone to presume to observe any divinations in any things. But one who shall have acted contrary to this is to do penance for forty days.

Latin source headnote: A priest who seeks thefts through inspection of an astrolabe is suspended from the ministry of the altar for a time. It is commonly summarized thus; but in truth this summary is not unqualifiedly true, because he can be punished more severely.

Alexander III, to the Patriarch of Grado.

We learned from the tenor of your letters that the priest V., the bearer of the present letters, making use of youthful levity, went with a certain infamous man to a private place, intending to invoke an unclean spirit. Wherefore you suspended him from ecclesiastical office and benefice, because on this account he labored under ill repute and the crime was public and notorious. But he proposed to us by word of mouth that he had gone not with the intention of summoning a demon, but so that by inspection of an astrolabe the theft from a certain church could be recovered. But although he alleges that he did this from good zeal and from simplicity, it was nevertheless exceedingly grave, and from it he contracted no small stain of sin. But because it is safer to incline toward the right than [toward] the left, and toward mercy than toward severity, we have decided that he should be sent back to your fraternity. We command that within eight days after receipt of these letters you restore to him the church with everything taken away, and impose upon him for expiation of that offense such a penance that for one year and longer, if it shall seem good to you, yet in such a manner that it does not exceed two years, you command him to abstain from the ministry of the altar, and that thereafter he be free to exercise the priestly office.

Latin source headnote: Not only ought an election not to be made by lots, but neither ought electors by compromise to be selected by lots.

Honorius III, to the Chapter of Lucca.

Your church having recently been deprived of a bishop, as we have learned, you, assembling as one in order to treat concerning the election of a future pontiff, having begun to hold diverse discussions concerning the manner of election, at length elected by lot one of yourselves, who by your authority elected three through whom, in place of all, a pastor should be provided for the church of Lucca. Two of these elected the third, namely Master R., which was expressly lawful for them according to the power delivered by you all. Therefore, when your proctors appeared before us concerning these matters, we, after examining such a process, although it does not lack a blemish—indeed, it is worthy of much reprehension that a lot intervened in such matters—nevertheless, on account of the prerogative of morals and learning of Master R., your canon, upon whom the votes of your church concurred for his appointment as bishop, and the affection that we have for that same church, admit the election celebrated concerning him to the favor of confirmation, condemning the use of lots in elections by a perpetual prohibition.