Title — Decretals of Gregory IX
Title XXV: On a Cleric Who Strikes
Chapter I
Latin source headnote: A cleric who repeatedly strikes another and does not desist after admonition is to be deposed.
From the Council of Agde.
If anyone in any sacred grade shall have been a striker, let him be corrected from the crime; and if he shall not have amended himself, let him be deposed.
DE CLERICO PERCUSSORE.
Clericus, saepe alium percutiens, et monitus non desistens, deponendus est.
Ex concilio Agathensi. Si quis in aliquos gradu sacro percussor exstiterit, corripiatur a crimine, et, si non emendaverit, deponatur.
Chapter II
Latin source headnote: A bishop who causes someone to be cruelly beaten is suspended from the administration of masses for two months.
Gregory, to the Bishop of Taranto.
Furthermore, because, contrary to the order of the priesthood, you appointed that a woman of the matriculae be cruelly beaten with clubs on account of her offense—although, since she died after eight months, we by no means judge that she died from it—nevertheless, because you were unwilling to have regard for your order, therefore we establish that you are to abstain from the administration of masses for two months, [during which, suspended from your office, it is fitting for you to lament what you did, etc.]
Duobus mensibus a missarum administratione suspenditur episcopus, qui crudeliter aliquem fustigari facit.
Gregorius Tarentino Episcopo.
Praeterea, quoniam mulierem de matriculis propter delictum suum contra ordinem sacerdotii caedi crudeliter fustibus deputasti, quam licet exinde, quum post octo menses decesserit, minime arbitramur fuisse defunctam, tamen, quia ad ordinem tuum noluisti habere respectum, propterea duobus te mensibus ab administratione missarum statuimus abstinere, [in quibus ab officio tuo suspensum flere te convenit quod fecisti etc.]
Chapter III
Latin source headnote: A cleric is not punished as a killer if he was himself in a conflict on the side of those repelling violence, although some persons died there and he himself threw stones, by which he himself struck no one.
Alexander III, to the Bishop of Lucca.
The bearer of the present letters asserts that he was in a certain conflict, yet on the side of those who were repelling violence; in it he himself threw stones, but struck no one. Because some are said to have been killed there by others, we command him to abstain from the celebration of masses for two years. We therefore command that, if the matter shall so have occurred and other matters do not impede, when the period of time of this kind has elapsed, you admit him to the exercise of his office.
Non punitur clericus ut homicida, si fuit ipse in conflictu pro parte violentiam repellentium, licet ibi aliqui mortui sint, et ipse lapides proiecit, ex quo nullum ipse percussit.
Alexander III. Lucensi Episcopo.
Praesentium lator in quodam conflictu asserit se fuisse, pro parte tamen illorum, qui violentiam repellebant; in quo lapides ipse proiecit, sed aliquem non percussit. Quem nos, quia per alios illic aliqui dicuntur occisi, a celebratione missarum per biennium praecipimus abstinere. Mandamus itaque, ut, si res ita se habuerit, et alia non impedierint, decurso huiusmodi temporis spatio, ad sui eum officii exsecutionem admittas.
Chapter IV
Latin source headnote: A cleric who was in a conflict in which certain persons were killed without his deed or counsel can be promoted by the common law. It says this according to the second understanding, which pleases Panormitanus more.
Celestine III.
After the contents of your letters had been inspected, by which you informed us that, When P., an acolyte bearing the present letters, had taken up arms with certain men to resist robbers, in that conflict three were wounded unto death by others, yet in such a manner that those homicides were perpetrated neither by his deed nor by his counsel. We respond thus to your consultation: since you say that the aforesaid acolyte has passed to the fruit of a better life and has lived laudably in monastic religious life for almost eight years up to this time, provided his merits do not otherwise oppose, he can be promoted to the order of subdiacon and deservedly exercise the ministry of the altar.
Clericus, qui fuit in conflictu, ubi aliqui fuerunt occisi sine eius facto vel consilio, de iure communi promoveri potest. H. d. secundum intellectum, qui plus placet Panorm.
Coelestinus III. Continentia literarum vestrarum inspecta, qua significastis nobis, quod, Quum P. acolythus praesentium lator cum quibusdam hominibus ad resistendum praedonibus arma sumpsisset, in conflictu illo tres fuerunt ab aliis vulnerati ad mortem, ita tamen, quod illa homicidia neque facto eius neque consilio perpetrata fuerunt. Consultationi tuae taliter respondemus, quod, quum praedictum acolythum ad frugem melioris vitae transivisse dicatis, et in monachali religione fere per annos octo laudabiliter huc usque vixisse, meritis eius alias non repugnantibus, poterit ipse ad subdiaconatus ordinem promoveri, et merito altaris ministerium exercere.