Title — Liber Sextus

Title III: On Schismatics

English · Latin · Both

1.

Chapter I

In the first part he sets forth a preamble as far as the words “namely James,” in which he says that the Colonnas James and Peter, formerly cardinals, and the sons of John—that is, the brothers of the said Peter—although awaited for a long time, refused to return to their heart, but, descending into the depth of evils, aggravated their offenses; therefore he rendered various punishments against them, which, for the certainty of those present and the memory of those to come, he inserts here. Secondly, as far as the words “Against the children,” he sets forth the punishments which he rendered against James and Peter themselves. There, thirdly, as far as the word “Every,” he sets forth the punishments which he rendered against the sons and descendants of the said John. There, fourthly, as far as the words “These and other things,” he imposes punishments upon those who thereafter deliberately regard the said James and Peter as cardinals, or furnish favor to them or to the aforesaid sons of John. There, fifthly and lastly, he ratifies, renews, and confirms the aforesaid things, commands them to be inviolably observed, and orders similar excesses to be punished by similar penalties in the future. This states the point. Johannes Andreae.

Boniface VIII.

Rising in the power of the Most High to cut away the fruitless, pestiferous, and harmful branches which, like an insipid fig tree, the house of Colonna produced—namely James of Colonna and Peter his nephew, formerly cardinals of the Holy Roman Church, and the sons of the late John of Colonna, brother of the said James and father of the aforesaid Peter, their descendants, supporters, and followers—who, although awaited for a long time, did not know how to direct their steps in the paths of justice, return to their heart, and produce fruits worthy of repentance, we have deemed it necessary to proceed against them spiritually and temporally.

Thereafter the said James and Peter, descending into the depth of evils and striving to tear the seamless tunic of the Lord—that is, the unity of Holy Church—and, as though sharpening their tongues like a sword, broke forth into words not so much blasphemous and schismatic as insane. Having reduced them to writing under the seals which they used before they were deposed, they sent them throughout the City and diverse regions of the world. Judging loquacity to be eloquence and speaking evil to be a sign of a good conscience, and contriving material for disputation because they could not do so by truth, they presumed at least to lacerate us with reproaches. Although we could have overcome their statements by a superior assertion and refuted them with reasons clearer than light, we deemed that no answer should be given to their barking, so that their shattered rage might be broken by the resounding authority of the one presiding on the supreme throne of judgment, manifest truth might of itself come to public knowledge, and our silence might be a punishment to them.

Nevertheless, we successively instituted various processes against them and others, at diverse times, containing spiritual and temporal penalties, sentences, and fines. Since it would be lengthy to insert in the present constitution their whole tenor, we have deemed that certain things gathered from them in summary should be inserted into this our constitution for the certainty of those present and the memory of those to come, namely: that, for causes which reasonably moved us, with the counsel of our brothers we deposed the said James and Peter from the cardinalates of the same Church and from every advantage and honor of the cardinalate; judged them schismatics and blasphemers and persons to be punished as heretics; exposed their persons to seizure by the faithful; perpetually deprived them of all benefices, offices, honors, dignities, and prelacies and rendered them incapable of holding them; and declared all their movable and immovable goods, rights, and jurisdictions forfeit.

Against the children and descendants of the said John, moreover, we have deemed that a manifold proceeding should be made spiritually and temporally, their goods and rights being declared forfeit and confiscated, and the descendants of the said John, descending through the male and female line, being rendered perpetually unworthy of the honor of the cardinalate and of any offices, benefices, and ministries in the aforesaid Church or its curia, but elsewhere as far as the fourth generation.

Every present and future person, of whatever preeminence, condition, dignity, or ecclesiastical or worldly status—even if he were a cardinal of the Holy Roman Church—who knowingly and deliberately has regarded and held the same James and Peter, or either of them, as cardinals, or has admitted them to the cardinalate, or has admitted their vote or the suffrage of either of them in the election of the Roman Pontiff, or has elected, nominated, assumed, or received either as Roman Pontiff, or has given aid, counsel, or favor in or toward these things, we have deemed should be bound by a sentence of excommunication, from which he cannot be absolved without the express license of the Roman Pontiff, not even by the college of the Apostolic See while that See is vacant. We also deprive such a person entirely of ecclesiastical prelacy, dignity, status, and honor, and nevertheless bind with a sentence of excommunication all who furnish favor or aid to the said James and Peter otherwise, and to the sons of the said John, while they persist in rebellion or schism.

These and other things done by us in our aforesaid processes and contained in our sealed letters drawn up concerning them, we ratify, confirm, and also renew by this constitution, to remain perpetually in force, and, with the counsel of our aforesaid brothers, we enact the same anew. And so that the malice of the said persons may not find a successor, the example of punished transgression may draw others back from offense, and truth coming into oblivion may not wander uncertain, we establish and decree both that these things be inviolably observed and that similar excesses and faults be punished by similar penalties in the future.