Question VIII

GRATIAN. PART I. But concerning bishops or any clerics, that they are able to take up arms neither by their own authority nor by the authority of the Roman Pontiff is easily proved. For when Peter, who had been chosen first of the Apostles by the Lord, wielded the material sword in order to defend his master from the injury of the Jews, he heard: “Turn your sword into its sheath, for everyone who shall have taken up the sword will perish by the sword,” as though it were openly said to him: “Until now it was lawful for you and your predecessors to persecute the enemies of God with the bodily sword; henceforth, as an example of patience, turn your sword—that is, the one granted to you until now—into its sheath, and wield only the spiritual sword, which is the word of God, in the slaughter of the old life.” For everyone apart from that man, or the authority of him, who uses lawful power—who, as the Apostle says, does not bear the sword without cause, to whom also every soul ought to be subject—everyone, I say, who shall have taken up the sword apart from his authority will perish by the sword. § 1. Likewise Ambrose: “The weapons of a bishop are tears and prayers.” Likewise that saying of the Apostle, “Not defending yourselves, dearly beloved,” although it is said generally to all, is nevertheless understood to have been said specially to prelates. [PALEA. Hence Pope John VIII, excusing Bishop John from military service, says to the Empress Engelberga:

He assuredly fears exceedingly, and rightly dreads, to perform secular military service contrary to the profession of his order. To defend the land, to treat of battles and arms, belongs to the earthly power.]

[PALEA.

Likewise Pope Innocent. When the Lord, he says, was being seized by the Jews, and Peter cut off the ear of a certain disobedient man, he prohibited striking and, as the model of all priests—of whom he was the first—prohibited taking up carnal arms even for himself.]

[PALEA.

Likewise Ambrose. The soldiers of Christ do not seek iron javelins, do not seek arms. When compelled to fight back, I did not know how; but sorrow, weeping, prayers, and tears were my weapons against the soldiers. For such are the fortifications of a priest. Otherwise I neither ought nor am able to resist; but I am not accustomed to flee and abandon the church. Not bodily guard, but the providence of the Lord, is accustomed to enclose a servant of Christ.] GRATIAN. Hence also concerning those who die in war or in a brawl, it was established thus in the Council of Tribur:

Whatever cleric shall have died either in war, or in a brawl, or in the games of gentiles, let no petition be made for him either in the oblation or in prayer, but let him fall into the hands of the judge; nevertheless, let him not be deprived of burial.

Likewise from the [Fourth] Council of Toledo, [c. 44], concerning clerics bearing arms. Clerics who shall be found willingly to have taken up arms in any faction, after losing the grade of their order, are to be handed over perpetually to a monastery.

Likewise from the Council of Meaux, [c. 37]. Whoever are seen to be of the clergy are not to take up military arms or proceed armed, but are to exhibit the designation of their profession by religious morals and religious dress. But if they disdain this, as despisers of the sacred canons and profaners of ecclesiastical authority they are to be punished by loss of their own grade, because they cannot serve as soldiers for God and the age at the same time. PART II. GRATIAN. To these things answer is made thus: priests ought not to take up arms with their own hand, but it is lawful for them to exhort others to take them up for the defense of the oppressed and the assault upon the enemies of God. Hence Leo IV writes to Emperor Louis:

Therefore, since adverse reports frequently arrive from the regions of the Saracens, certain persons were saying that Saracens would come secretly and furtively into the port of the Romans. On this account we ordered our people to be assembled, decreed that they descend to the maritime shore, and departed from Rome.

Likewise. You ought to know that we never suffer our men to be oppressed by anyone; but if any necessity shall occur, we avenge them in person, because we ought in all things to be the avengers and principal helpers of our flock.

The same to the army of the Franks. Having laid aside every fear and terror, strive to act manfully against the enemies of the holy faith and the adversaries of all religions. For the Almighty knows, if any one of you dies, that he died for the truth of the faith, the salvation of the fatherland, and the defense of Christians; therefore, he will obtain the heavenly reward from God.

Likewise Alcuin. King Charles, prevailed upon by the exhortation and prayers of Hadrian, bishop of the city of Rome, undertook war against the Lombards—a war that previously, with the Pope entreating, had indeed been undertaken by his father too with great difficulty.

Likewise Pope Alexander [II] to all the bishops of Spain. The cause of the Jews and that of the Saracens are plainly unlike. For war is justly waged against the latter, who persecute Christians and drive them from cities and their own dwelling places; the former are everywhere prepared to serve.

Likewise John VIII to the glorious Duke Demago. Moreover, we exhort the zeal of your devotion that you be inflamed the more vehemently against the petty sea-robbers who rage against worshipers of Christ under the pretext of your name, the more you recognize that the reputation of your name has been darkened by their depravity; for although it can be believed that they lie in ambush for those sailing against your will, nevertheless, because they are said to be able to be restrained by you, unless you check them, you will not be held innocent.

For it is written: “He who does not correct crimes that he can amend commits them himself.”

Likewise Jerome to Riparius, [against Vigilantius]. I have read of the lance of Phinehas, the sternness of Elijah, the zeal of Simon the Canaanite, the severity of Peter slaying Ananias and Sapphira, and the constancy of Paul, who condemned Elymas the magician, resisting the ways of the Lord, to perpetual blindness. To punish crimes for God is not cruelty but piety. Hence it is also said in the law: “If your brother, and your friend, and the wife who sleeps in your bosom should wish to turn you away from the truth, let your hand be upon them, and you shall shed their blood.”

Likewise John Chrysostom on Matthew, homily XVII, [at c. 5]. Phinehas killed a man, and it was reckoned to him as justice. But Abraham, made not only a homicide but even a parricide—which certainly is graver—pleased God more. But Peter committed a double homicide; nevertheless, what was done was a spiritual work. Therefore, let us attend not only to the works but to the time, the cause, and the will; let us also inquire most diligently into the difference of the persons and however many other things attended the works themselves. For we cannot otherwise arrive at the truth.

Likewise Nicholas in the responses to the Bulgarians, [c. 46]. If no necessity presses, one must abstain from battles not only in the time of Lent but at every time. But if unavoidable urgency presses, without doubt the preparation of wars is not to be spared even in the time of Lent for the defense both of oneself and of the fatherland or of the paternal laws, lest, assuredly, a man appear to tempt God if he has something that he can do and does not take care to provide for his own salvation and theirs, and does not take precautions against losses to the holy religion.

Likewise Gregory in the Dialogues, [Book II, c. 30]. Peter, who raised the dead Tabitha by praying, handed Ananias and Sapphira, when they lied, over to death by rebuking them. For he is not read to have prayed for their destruction, but only to have rebuked the fault that they had perpetrated. It is therefore established that sometimes such things are exhibited from power, sometimes from entreaty, since by rebuking he took life away from these persons, and by praying he restored it to her.

The same to Velox, Master [of the Soldiers], [Book XII, epistle 21]. Previously we also notified your Glory that soldiers had been prepared to come there; but because your letter had signified that the enemies had been assembled and were ranging here, this cause detained them here. But now it has seemed useful that some soldiers be sent there. Let your Glory take care to admonish and exhort them to be prepared for labor; and, when an occasion has been found, speak with our glorious sons Mauricius and Vitalianus, and do whatever, with God as helper, they persuade you is for the advantage of the commonwealth. And if you learn that the unspeakable Arnulf is making an incursion here or toward the regions of Ravenna, labor at his rear, as befits strong men, so that your reputation may, with God’s aid, advance further in the commonwealth according to the quality of your labor. Nevertheless, before all things we admonish you to release without any delay or excuse the household of Aloyn, Adobin, Vigild, and Grussing, who are known to be with the glorious master of the soldiers Mauricius, so that, when the aforesaid men come there, they ought to march with them without any impediment.

Likewise the same to Mauricius and Vitalianus, [Book XII, epistle 23]. Through our son Vitalianus, with whom you had also deliberated, we humbly commanded your Glory both by word and in writing. But on the eleventh day of the month of June Arnulf sent this letter that we directed to you; and therefore, reading it again, see whether the inhabitants of Suana have persisted in the fidelity that they promised to the commonwealth, and receive from them worthy hostages in whom you can trust, and in addition bind them anew by oaths, returning to them what you took in the place of a pledge and healing them by your words. But if you learn most manifestly that they spoke with Arnulf concerning their subjection, or certainly gave hostages to him—as Arnulf’s letter that we directed to you has rendered us doubtful—then, considering the matter with salutary counsel, lest your soul or ours be burdened in any respect concerning the oaths, perform whatever you judge useful to the commonwealth. But let your Glory act in such a way that there is neither anything for which we can be reproved by the adversaries, nor is the advantage of the commonwealth—which may the Lord avert—neglected. Moreover, glorious sons, be solicitous, because, so far as I have learned, the enemy has a multitude assembled and is said to reside at Narina; so that, if with God angry with him he should wish to direct his course here, either plunder his places—so far as the Lord shall assist you—or certainly let the scouts whom you send search carefully, lest, angered by what has been done, he range against you. GRATIAN. It is also read in the register that blessed Gregory commanded the citizens of Tuscany to prepare arms against the Lombards and decreed stipends for those serving as soldiers. Therefore, from this example and the preceding authorities, it is clear that although priests ought not to take up arms with their own hand, nevertheless they are able either to persuade those to whom offices of this kind have been committed, or by their authority to command any persons, to take them up. PART III. § 1. But that saying of Nicholas to Emperor Charles is objected:

It is established to be exceedingly reprehensible that you added, saying that the greater part of all the bishops keep watch day and night with your other faithful men against maritime pirates, and that for this reason the bishops are impeded from coming, since it belongs to Christ’s soldiers to serve Christ, but let the soldiers of the age serve the age, as it is written: “No one serving as a soldier for God entangles himself in secular affairs.” But if the soldiers of the age devote themselves to military service, what pertains to bishops and Christ’s soldiers except that they be free for prayers?

Likewise Gregory, [Book VII, epistle 1, to Sabinianus]. If I had wished to involve myself in the death of the Lombards, today the nation of the Lombards would have neither king nor duke. But because I fear God, I fear to involve myself in the death of any man. GRATIAN. Behold, Pope Nicholas prohibits bishops from being occupied with secular military service and does not even permit them to approach battle against maritime pirates. How, therefore, does Pope Leo depart from the city against the Saracens and call the people together from every direction to keep them far from the shore, and personally avenge the injuries of his people, and, with Gregory, invite soldiers to arms? But it is to be noted that certain bishops are content with only the Levitical portion, who, just as they are numbered only in the lot of God, so receive God himself alone as an inheritance, saying: “The Lord is the portion of my inheritance.” These have nothing in common with the princes of the age, because they cast temporal things entirely aside, lest on their occasion they be held liable to the laws of the emperors. No occasion for occupation in secular military service is left to such persons, because, since they live from tithes and first fruits, as sons of the highest king they are free from earthly exactions throughout every kingdom, so that they are able to say: “The prince of this world comes, and in us he has nothing.” But there are others who, not content with tithes and first fruits, possess estates, villages, castles, and cities, from which they owe tributes to Caesar unless by imperial benignity they have merited immunity from things of this kind. To them it is said by the Lord: “Render the things that are Caesar’s to Caesar, and the things that are God’s to God.” To them the same Apostle says: “Render to all the things owed: tribute to whom tribute is owed; tax to whom tax.” Hence Ambrose, [to his sister Marcellina, epistle 33]:

I myself am approached by counts so that through me a prompt surrender of the basilica might be made, saying that the emperor by his right had ordered that it ought to be surrendered, seeing that all things were in his power. I answered: if he sought from me what is mine—that is, my estate, my silver, anything of this kind that is mine—I would not resist, although all the things that are mine belong to the poor; but the things that are divine are not subject to imperial power. If he seeks the patrimony, invade it; if my body, I shall meet him. Do you wish to drag me into chains? Do you wish to drag me to death? It is a pleasure to me. I shall not fortify myself by a surrounding mass of peoples, nor shall I hold the altars while entreating for life; but I shall freely be sacrificed for the altars. For I shuddered in spirit when I learned that armed men had been sent to occupy the church’s basilica, lest, while the people claimed the basilica, some slaughter occur that would come to the destruction of the whole city. I prayed that I might not survive the funeral pyre of so great a city, or rather of all Italy. And below: § 1. It is commanded: surrender the basilica. This is: “Speak some word against God and die”; and not only speak against God, but also act against God. It is commanded: surrender the altars of God. Therefore, we are pressed by royal commands, but we are strengthened by the words of Scripture, which answered: “You have spoken as one of the foolish women.” And below: § 2. Why, therefore, are you disturbed? Willingly I shall never desert you; when compelled to fight back, I did not know how. I shall be able to grieve, I shall be able to weep, I shall be able to groan. Against arms and soldiers, even Goths, my tears are my weapons. For such are the fortifications of a priest. Otherwise I neither ought nor am able to resist. § 3. Would that I were secure that the church would by no means be handed over to heretics. I would gladly go to the emperor’s palace, if this suited the office of a priest, so that I might contend in the palace rather than in the church. But in the council chamber Christ is accustomed to be not the accused but the judge. Who would deny that the cause of the faith is to be conducted in the church? If anyone is confident, let him come here. And below: § 4. It is alleged that all things are lawful for the emperor and that all things are his. I answer: do not burden yourself, emperor, by thinking that you have any imperial right over the things that are divine; do not exalt yourself, but if you wish to rule longer, be subject to God. It is written: “The things of God to God; the things of Caesar to Caesar.” Palaces pertain to emperors; churches to priests. The right over the public fortifications has been entrusted to you, not the sacred things. Again it is said to me: “The emperor has commanded; I too ought to have one basilica.” I answer: it is not lawful for you to have it. What have you to do with an adulteress? For she is an adulteress who is not joined to Christ in lawful marriage. And below: § 5. We know that Naboth, a holy man and possessor of his own vineyard, was assailed by a royal request that he give his vineyard, where the king, after the vines had been cut down, might sow cheap vegetables; and that he answered: “Far be it that I hand over the inheritance of my fathers.” We know that the king was saddened because another’s right was denied to him by a just reply, but, deceived by a woman’s counsel, came into the field through death. For holy Naboth defended his vines even with his own blood. If he did not hand over his vineyard, shall we hand over the church of Christ? What, then, was answered contumaciously by me? For when approached, I said: “Far be it from me that I hand over Christ’s inheritance.” Naboth did not hand over his own; shall I hand over Christ’s inheritance? But I added this: “Far be it that I hand over the inheritance of Dionysius, who died in exile for the cause of the faith, the inheritance of Eustorgius the confessor, the inheritance of Mirocles, and of all the faithful bishops of earlier times.” I answered what belongs to a priest. Let the emperor do what belongs to the emperor. It is prior that he take away my soul rather than my faith. And below: § 6. Caesar’s tribute is not denied. The church belongs to God. Assuredly, it is not owed to Caesar, because God’s temple cannot be Caesar’s right. No one can deny that this was said with honor for the emperor. For what is more honorable than that the emperor be called a son of the church? What is said is said without sin; it is said with grace. For the emperor is within the church. A good emperor seeks the church’s aid; he does not reject it. And below: § 7. If something were exacted and sought from me—either an estate, or a house, or gold, or silver, that which belonged to my right—I would willingly offer it. From the temple of God I can neither take anything away nor hand it over. I received it to be guarded, not surrendered. Furthermore, I also take counsel for the emperor’s salvation, because neither would it be expedient for me to surrender it nor for him to receive it. Let him receive the voice of a free priest; if he wishes counsel to be taken for him, let him withdraw from injury to Christ. These things are full of humility and, as I judge, full of the affection that a priest owes to the emperor.

Likewise Pope Urban. Tribute was found in the mouth of the fish when Peter was fishing, because from her external things, which appear openly to all, the church renders tribute. But he was not ordered to give the whole fish, but only the stater that was found in its mouth, because neither can the church be given to the emperor nor can the pontifical summit, which is preeminent in the mouth of the head of the church, be subjected to kings. But assuredly, as we have said, that which is found in the fish’s mouth is ordered to be given for Peter and the Lord, because from the church’s external things that which was established of old is to be paid to emperors for the peace and quiet in which they ought to protect and defend us. PART IV. GRATIAN. Although even things of this kind do not appear to be subject to imperial exactions. For when, in a time of famine, Pharaoh bought for himself the land of all the Egyptians and under the same famine subjected all of them to his servitude, he furnished necessary things to the priests in such a way that they were stripped neither of possessions nor of liberty, the Lord proclaiming from that time that priests ought to be free in every nation. Hence Constantius and Constans gave this immunity to the church, saying:

“In any city, in any town or village, castle, or municipality, whoever by the vow of the Christian religion shall have made known to all the merit of exceptional and singular virtue, let him obtain perpetual security. We wish him always to rejoice and glory from faith, knowing that our commonwealth is sustained more by religions than by offices and bodily labor or sweat.” Valentinian and Valens also decreed, saying: § 1. “We decree that all those who are established to be guardians of churches or holy places and to serve religious observances are to sustain the harassment of no exaction.” Emperor Justinian: § 2. “We decree that property descending to venerable churches, guesthouses, monasteries, poorhouses, foundling homes, orphanages, homes for the aged, or any other fellowship of this kind from any curial liberality—whether made among the living, on account of death, or in last wills—is to be free and immune from registrations of lucrative acquisitions; the law that was established concerning registrations of this kind retaining its force in the case of other persons, but, from regard for piety, mitigating its force in the ecclesiastical portion or that of other houses that have been assigned to these pious fellowships.” Hence it is also read in the Council of Paris:

According to canonical authority and the constitution of the lord Emperor Louis, from an ecclesiastical field and manse, from the bondsmen whom he himself designated in his capitularies, or if anyone has bestowed something upon a church for a place of burial, from the tithes and oblations of the faithful, let no one compel any of the presbyters to pay any tax, nor let anyone of any order or dignity subtract anything therefrom or exact any temporal repayment. But if he does this, let him be deprived of communion until satisfaction and be compelled by royal power to make restitution.

[PALEA.

It was decreed that one entire manse be assigned to each church without any service, and that presbyters established in them render no service except ecclesiastical service from tithes, from the obligations of the faithful, from houses, from courtyards or gardens placed next to the church, or from the aforesaid manse. And if they have anything more, from it let them render the service owed to their superiors.] GRATIAN. From this it is given to be understood that from the things the church possesses by imperial benefice or from any persons for the benefit of burial, she is held bound to the right of no one except the bishop. But from the things that she shall have bought from any persons or received by donations of the living, she owes customary services to the princes, so that she both pays annual tributes to them and, when the army is summoned, sets out with them for the camps. Nevertheless, this very thing ought not to be done without the consent of the Roman Pontiff. Hence Pope Gelasius to Bishop Elpidius:

With what audacity, with what rashness do you write in reply that you are preparing to proceed to Ravenna, when the canons evidently command that none at all of the pontiffs ought to hasten to the imperial court unless they have first seen and consulted us? How do you think lawful for you that which is not lawful, unless because you are hastening to be without this office, of which by these excesses you show yourself unworthy?

Likewise from the Council of Antioch, [c. 11]. If any bishop, presbyter, or anyone at all who has been established under the ecclesiastical rule shall proceed to the emperor without the counsel or letters of those bishops who are within the province, and especially of the metropolitan, he ought to be removed and cast out not only from communion but also deprived of his own dignity, as troublesome and importunate to the imperial ears contrary to the ecclesiastical statutes. GRATIAN. Therefore, the Gallican bishops are reproved by Nicholas because, having despised apostolic authority, they had chosen to follow arms rather than present themselves before the apostolic countenance. Although those proceeding to the imperial court can be understood not to have followed the emperor in order to assist him with arms, but to commend him with his army to God by daily prayers. In this case that authority of the Council of Sardica appears to speak, in whose eighth chapter Bishop Hosius is read to have said:

If it pleases you, dearest brothers, decree that bishops not approach the imperial court, except perhaps those who shall have been either invited or called by religious emperors. But because it often happens that those who suffer injury flee to the mercy of the church, and those who, having sinned, are condemned to exile or the islands, or certainly receive any sentence, it is therefore necessary to aid them, and without doubt indulgence is to be sought for them through the church. GRATIAN. Therefore, it is lawful for prelates of the church, by the example of blessed Gregory, to ask emperors or any dukes for defense for the faithful. It is also lawful, with blessed Leo, manfully to exhort any persons to their own defense against the adversaries of the holy faith, and to summon any persons to keep the force of unbelievers far away. But it is lawful for no bishop, by his own authority or that of the emperors, to command the shedding of blood. Hence in the Fourth Council of Toledo, [c. 30], it is read:

Princes often entrust their affairs against any persons guilty of an offense against majesty to priests. But because priests were chosen by Christ for the ministry of salvation, let them consent to be made judges by kings where indulgence from punishment is promised by oath, not where a sentence of peril is prepared. Therefore, if any of the priests, contrary to this common counsel, shall have stood forth as an examiner in dangers belonging to others, let him be guilty of shed blood before Christ and lose his own grade before the church.

Likewise from the Eleventh Council of Toledo, [c. 6]. It is not lawful for those by whom the sacraments of the Lord are to be handled to conduct a judgment of blood. And therefore persons of this kind must be greatly prohibited from such excesses, lest, agitated by the impulses of indiscriminate presumption, they either presume by their own sentence to judge that which is to be punished by death, or themselves inflict mutilations upon any persons, or command them to be inflicted. But if anyone, forgetful of these precepts, should do such a thing either to the servants of his church or to any persons, let him be deprived of the honor and place of the order granted to him; let him also be held bound under the perpetual confinement of condemnation. Nevertheless, communion is not to be denied to him when departing from this life, on account of the mercy of the Lord, who does not will the death of the sinner, but that he be converted and live. GRATIAN. Others too are prohibited from carrying out mutilations of limbs and burnings of houses without judicial authority. Hence in the Decrees of Pope Eutychian:

If anyone shall have carried out mutilations of limbs or burnings of houses, or ordered them to be done, or consented to the person doing them, until he shall have made amends for these things to each person legally or amicably before the bishop of the city and the other citizens, let him be separated from every fellowship of Christians as a gentile and a publican. PART VI. GRATIAN. Concerning incendiaries also Innocent II in a universal council, [c. 18], established generally, saying:

“By the authority of God and of the blessed Apostles Peter and Paul, we altogether detest and prohibit the exceedingly wicked, depopulating, and horrible malice of incendiaries. § 1. Therefore, if anyone after the promulgation of this prohibition of ours, from evil zeal, whether from hatred or for vengeance, shall set fire, cause it to be set, or knowingly furnish counsel or aid to those setting it, let him be excommunicated; and if the incendiary shall have died, let him lack Christian burial. Nor is he to be absolved unless first, after the loss that he inflicted has been repaired according to his means, he swears that he will not set fire further. But let a penance be given to him that he remain in the service of God at Jerusalem or in Spain for one complete year. But if any archbishop or bishop relaxes this, let him restore the loss and abstain from the episcopal office for one year. To be sure, after archbishops and bishops have been consulted, we do not deny kings and princes the ability to execute justice.”

Likewise Augustine in the book On the City of God. “He who strikes evil men because they are evil, and has a cause for killing, is a minister of God. But he who, without any public administration, shall have killed or slaughtered an evildoer, thief, sacrilegious man, adulterer, perjurer, or any criminal, or shall have maimed him in his limbs, will be judged as a homicide, and all the more severely inasmuch as he did not fear abusively to usurp a power not granted to him by God.” PART VII. GRATIAN. But concerning those who wound a man together, it is asked: if he shall have died, which of them incurs the guilt of homicide? Concerning these things it was established thus in the Council at Verberie:

If four or five men, or even more, shall have fought against one man, and, wounded by them, he shall have died, whoever among them inflicted a wound is to be judged a homicide according to the statutes of the canons; but let the others who attacked him, wishing to kill him, perform penance similarly. Let those who neither attacked nor wounded him, nor were collaborators by counsel or aid, but were merely present, be without guilt.