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The Medieval Church (2) - Documents

Document # 14

Boniface VIII, Clericis Laicos, 1296

Bishop Boniface, servant of the servants of God , in perpetual memory of this matter. Antiquity teaches us that laymen are in a high degree hostile to the clergy, a fact which is also made clear by the experiences of the present times; in as much as, not content within their own bounds, they strive after what is forbidden and loose the reins in pursuit of what is unlawful. Nor have they the prudence to consider that all jurisdiction is denied to them over the clergy - over both the persons and goods of ecclesiastics. On the prelates of the churches and on ecclesiastical persons, monastic and secular, they impose heavy burdens, tax them and declare levies upon them. They exact and extort from them the half, the tenth or twentieth or some other portion or quota of their revenues or of their goods; and they attempt in many ways to subject them to slavery and reduce them to their goods; and they attempt in many ways to subject them to slavery and reduce them to their sway. And with grief do we mention it, some prelates of the churches and ecclesiastical persons, fearing where they ought not to fear, seeking a transitory peace, dreading more to offend the temporal than the eternal majesty, without obtaining the authority or permission the Apostolic chair, do acquiesce, not so much rashly as improvidently, in the abuses of such persons. We, therefore, wishing to put a stop to such iniquitous acts, by the counsel of our brothers, of the apostolic authority, have decreed: that whatever prelates, or ecclesiastical persons, monastic or secular, of whatever grade, condition or standing, shall pay, or promise, or agree to pay as levies or talliages to laymen the tenth, twentieth or hundredth part of their own and their churches' revenues or goods - or any other quantity, portion or quota of those same revenues or goods, of their estimated or of their real value-under the name of an aid, loan, subvention, subsidy or gift, or under any other name, manner or clever pretense, without the authority of that same chair.

Likewise emperors, kings, or princes, dukes, counts or barons, podestas, captains or officials or rectors - by whatever name they are called, whether of cities, castles, or any places whatever, wherever situated; and any other persons, of whatever pre-eminence, condition or standing who shall impose, exact or receive such payments, or shall any where arrest, seize or presume to take possession of the belongings of churches or ecclesiastical persons which are deposited in the sacred buildings, oi shall order them to be arrested, seized or taken possession of, or shall receive them when taken possession of, seized or arrested-also all who shall knowingly give aid, counsel or favour in the aforesaid things, whether publicly or secretly:-shall incur, by the act itself the sentence of excommunication. Corporations, moreover, which shall be guilty in these matters, we place under the ecclesiastical interdict.

The prelates and above. mentioned ecclesiastical persons we strictly command, by virtue of their obedience and under penalty of deposition, that they by no means acquiesce in such demands, with. out express permission of the aforesaid chair; and that they pay nothing under pretext of any obligation, promise and confession made hitherto, or to be made hereafter before such constitution, notice or decree shall come to their notice; nor shall the aforesaid secular persons in any way receive anything. And if they shall-pay, or if the aforesaid persons shall receive, they shall be, by the act itself, under sentence of excommunication. From the aforesaid sentences of excommunication and interdict. moreover, no one shall be able to be absolved, except in the throes of death, without the authority and special permission of the apostolic chair; since it is our intention by no means to pass over with dissimulation so horrid an abuse of the secular powers. Notwithstanding any privileges whatever - under whatever tenor, form, or manner or conception of wordsthat have been granted to emperors, kings, and other persons mentioned above; as to which privileges we will that, against what we have here laid down, they in no wise avail any person or persons. Let no man at all, then, infringe this page of our constitution, prohibition or decree, or, with rash daring, act counter to it; but if any one shall presume to act shall know that he is about to incur the indignation of Almighty God and of His blessed apostles Peter and Paul.

Given at Rome at St. Peter's on the sixth day before the Calends of March (Feb 25), in the second year of our pontificate.

Source: from Rymer's "Foedera", ed. 1816, Vol. i. Pt. ii. p. 836., translated in Ernest F. Henderson, , Select Historical Documents of the Middle Ages , (London: George Bell, 1910), pp. 432-434

Document # 15

Council of Constance: Sacrosancta, 1415

By the election of Martin V as Pope (11 Nov 1417), the Council of Constance ended the Great Schism but it did not have time to reform. It did issue two canons which represented the high points of conciliar thought. The first - Sacrosancta - declared that the Council of Constance derives its power directly from Christ and that its authority is superior even to that of the See of Rome. The second - Frequens - called for the frequent convoking of future councils to promote reform. A Third list of abuses to be addressed was also issued. Later popes largely nullified the intended results, perhaps laying the path to the Reformation.

In the name of the Holy and indivisible Trinity; of the Father, Son, and Holy Ghost. Amen. This holy synod of Constance, forming a general council for the extirpation of the present schism and the union and reformation, in head and members, of the Church of God, legitimately assembled in the Holy Ghost, to the praise of Omnipotent God, in order that it may the more easily, safely, effectively and freely bring about the union and reformation of the church of God, hereby determines, decrees, ordains and declares what follows: - It first declares that this same council, legitimately assembled in the Holy Ghost, forming a general council and representing the Catholic Church militant, has its power immediately from Christ, and every one, whatever his state or position, even if it be the Papal dignity itself, is bound to obey it in all those things which pertain to the faith and the healing of the said schism, and to the general reformation of the Church of God, in bead and members. It further declares that any one, whatever his condition, station or rank, even if it be the Papal, who shall contumaciously refuse to obey the mandates, decrees, ordinances or instructions which have been, or shall be issued by this holy council, or by any other general council, legitimately summoned, which concern, or in any way relate to the above mentioned objects, shall, unless he repudiate his conduct, be subject to condign penance and be suitably punished, having recourse, if necessary, to the other resources of the law. . . .

Source: trans J. H. Robinson in University of Pennsylvania. Dept. of History: Translations and Reprints from the Original Sources of European history, published for the Dept. of History of the University of Pennsylvania., Philadelphia, University of Pennsylvania Press, Series I. Voll III:6 [1912], 31-32