A new history of ecclesiastical writers containing an account of the authors of the several books of the Old and New Testament, of the lives and writings of the primitive fathers, an abridgement and catalogue of their works ... also a compendious history of the councils, with chronological tables of the whole / written in French by Lewis Ellies du Pin.

CHAP. XVIII. (Book 18)

Of the General Councils held in the Twelfth Century.

ALthough the Name of Oecumenical, or General Council, denotes an Assembly compos'd of Bishops of all the Churches of the World; nevertheless the Eight first General Coun∣cils held in the Levant, chiefly consisted in Bishops of the Eastern Churches, those of the Western being represented by the Legates of the See of Rome, who often were accompa∣ny'd with few or none of the Prelates of the Western Churches: But after the Separation of the Latin Church from the Greek, it was scarce possible any longer to hold Councils, in which the Latins and Greeks were willing to assemble together, in order to pass their Judgments in Ecclesiasti∣cal Affairs, or unanimously to make common Constitutions. Therefore the succeeding General Councils were compos'd only of a great number of Prelates of the Western Churches conven'd by the Popes, who were wont to publish Decisions conformably to the Doctrine and Discipline which the Bishops of these Councils had approv'd and confirm'd. There were Three of this Nature held at Rome in the Twelfth Century; viz. the First under Pope Calixtus II. the Second under Inno∣cent II. and the Third under Alexander III. We have already produc'd a Relation of the First, with the Extract of its Canons, in treating of the Investitures; so that it remains only to give the like Account of the Second and the Third.

The Second General Council of Lateran.

POPE Innocent II. having obtain'd the quiet Possession of the See of Rome, by the Death of * 1.1 Peter of Leon, conven'd in the Month of April A. D. 1139. a Council in the Palace of La∣teran, call'd, the Second General; which (as they say) was compos'd of near a Thousand Prelates, and of which Thirty Canons were published.

The First imports, That all Clergy-men, who were ordain'd by Simony, shall be depos'd from the Dignity which they have unjustly usurped.

The Second, That all those, who have bought or sold any Benefice, shall be depriv'd of it, and branded with Infamy; and that nothing shall be exacted for the conferring of Ecclesiastical Dig∣nities and Livings.

The Third, That none shall entertain those who are Excommunicated by their Bishop.

The Fourth, That the Bishops, and the rest of the Clergy, shall endeavour to please God and Men, by their inward Disposition, as well as by their outward Behaviour: That they shall give occasion of Scandal to none, neither by the Colour nor Fashion of their Habits: That they shall be cloath'd after a regular and modest Manner: And that they, who neglect to observe this Rule, shall be depriv'd of their Benefices, unless they be reform'd, after having been admonished by their Bishops.

The Fifth, forbids the Pillaging of the Goods, or Revenues, of the Bishops after their Death.

The Sixth, ordains, That those who officiate as Sub-deacons, or have enter'd into Orders of a higher Station, if they marry, or keep Concubines, shall lose their Offices or Benefices.

The Seventh, prohibits the hearing of Mass of Priests who are marry'd, or keep Concubines; declares the Marriages of Priests to be null; and ordains, that those who have contracted it shall be divorc'd, and put to Penance.

The Eighth, regulates the same Thing, with respect to Virgins consecrated to God, if they marry.

The Ninth, forbids Regular Canons, or Monks, to study the Civil Law, or the Art of Physick, in order to make profit by the Practice of those Sciences.

The Tenth, enjoyns Laicks, who have Churches or Tithes in their Possession to restore them to the Bishops under pain of Excommunication; prohibits the conferring of Arch-deaconries or Dean∣ries on any Persons but Priests and Deacons; declares that those who have procur'd them without entering into Orders, shall be depriv'd of them, if they refuse to be ordain'd: And in like manner forbids the granting of them to young Men, who are not admitted into Orders, or the demising of Churches to Priests for Rent.

The Eleventh, ordains, That Priests, Clerks, Monks, Travellers, Merchants, and Country People, shall have free Liberty to come and go with Safety at all times.

The Twelfth, specifies the Days and Times when it is forbidden to make War, and exhorts the Christians to Peace.

The Thirteenth, condemns Usury and Usurers.

The Fourteenth, prohibits military Combats that were practised at Fairs, and ordains, that those who are mortally wounded in such Rencounters shall be depriv'd of Christian Burial; although Penance, and the Viaticum, ought not to be deny'd them.

The Fifteenth, denounces an Anathema against those who abuse a Clergy-man, or a Monk, and prohibits the Bishops to give them Absolution, except in case of necessity, till they have made an Appearance before the holy See. The same Canon re-establishes the right of Sanctuary for Chur∣ches and Church-yards.

The Sixteenth, is a Prohibition to lay claim to Prebends, or other Benefices, by right of Succession.

The Seventeenth, re-enforces the Laws against Marriages amongst Relations.

The Eighteenth, denounces an Anathema against Incendiaries, and declares them to be unwor∣thy of Christian Burial; forbids to give them Absolution, till they have made Restitution for the Damage done by them; and enjoyns them for Penance to take a Journey to the holy Land, or to Spain, for the Service of the Church.

The Nineteenth, suspends for a Year, and condemns to restitution, the Archbishops or Bi∣shops, who shall take upon them to remit the Rigour of the Punishment ordain'd in the preceeding Canon.

The Twentieth, imports, That Kings and Princes have a Power to execute Justice, in consulta∣tion with the Bishops and Archbishops: A Canon which cannot be understood but in reference to Ecclesiastical Persons.

The Twenty first, forbids to admit into Orders the Sons of Priests; unless they have led a Re∣ligious course of Life in Monasteries, or in Canonical Houses.

In the Twenty second, Priests are admonished not to suffer Laicks to be deceiv'd by false shews of Penance; and it is observ'd therein, that that Penitence is of none Effect, when only one Crime is repented of, without reforming the others; or when one continues to dwell in the confines of Sin, by retaining an Office or Employment that cannot be exercised without Sin; or when one

bears Malice in the Heart; or when one refuses to give Satisfaction to an injur'd Person; or when we do not freely forgive those who have done us an Injury; or lastly, when an unjust War is maintain'd.

The Twenty third, is against Hereticks who condemn the Sacraments.

The Twenty fourth, forbids to exact any Thing for the holy Chrism, for the consecrated Oils, and for officiating at Burials.

The Twenty fifth, deprives those Persons of their Benefices, who receive them from the Hands of Lay-men.

The Twenty sixth, prohibits Nuns to reside in private Houses.

In the Twenty seventh, they are likewise forbidden to appear in the same Choir with Monks or Canons, in order to sing the Divine Offices.

The Twenty eighth, prohibits the Canons of Cathedral Churches, under pain of Anathema, to exclude Persons of known Piety from the Election of Bishops, and declares those Elections to be null, that they make without sending for, and advising with them.

The Twenty ninth, denounces an Anathema against Slingers and Archers.

The Thirtieth, declares to be null the Ordinations made by Peter of Leon, and other Hereticks or Schismaticks.

The Third General Council of Lateran.

POPE Alexander III. conven'd in the Year 1179. a great Council at Rome, which is call'd, * 1.2 the Third General of Lateran, to reform a great number of Abuses that had crept into the Church; to make Constitutions about Matters of Discipline; to condemn the Albigeois, and other reputed Hereticks; to maintain the Immunities of the Church; and to redress many Grie∣vances that were become very common. This Council which began to fit on the Second Day of March, was compos'd of about Three hundred Bishops, and published Twenty seven Capitularies, or Articles of Canons.

The First, is a Decree for preventing the Schisms of the Church of Rome in the Election of the Popes, ordaining, That if all the Cardinals cannot agree to chuse the same Person, he shall be esteem'd as Lawful Pope, who shall obtain Two thirds of their Suffrages in his Favour; but that he cannot be ordain'd, or acknowledg'd as such, who has less than Two thirds of the Votes: Pro∣vided nevertheless that this Constitution shall not be prejudicial to the Custom of other Chapters, in which the Consent of the greater and sounder Part usually prevails; by reason that the Con∣tests which arise in those Bodies, may be determin'd by the Judgment of the Higher Powers, where∣as the Church of Rome cannot have recourse to any Tribunal that is Superior to it.

The Second, declares to be null the Ordinations made by the Three Anti-popes, Octavian, Guy, and John de Struma; deprives those of Benefices who receiv'd them from their Hands; abrogates the Alienations of Church-Revenues made by the said Anti-popes; and suspends from Orders those Clergy-men, who took an Oath to maintain the Schism.

The Third ordains, That a Person nominated to be chosen Bishop shall be Thirty Years old; that he shall be born in Lawful Wedlock, and noted for his Learning, and the probity of his Manners: That when his Election is confirm'd; when he has taken Possession of the Revenues of his Church; and when the time prescrib'd by the Canons for his Ordination is expir'd; he who had a right to dispose of the Benefices, which he enjoy'd before he was made Bishop, shall have free Liberty to confer them: That the Deaneries, Arch-deaconries, Curacies, and other Church-Li∣vings, with the Cure of Souls, shall be granted only to those who have attain'd to the Age of Twenty five Years: That they who are advanced to a higher Dignity, if they do not cause them∣selves to be ordain'd in due time, shall be depriv'd of their Benefices, without a possibility of re-instating themselves by vertue of an Appeal. It is also declar'd, that this Constitution shall be observ'd not only with respect to those who shall receive induction to Benefices for the future, but also in reference to Incumbents, if the Canons require it: That those who neglect to observe it in carrying on their Elections, shall be depriv'd of their Right of Electing, and even of their Bene∣fices for Three Years: And lastly, if the Bishop infringe it, or consent to the Infringement of it, he shall lose the Right of conferring Spiritual Livings; which shall be granted by the Chapter, or by the Metropolitan.

The Fourth Constitution, regulates the Number of Horses which the Prelates may keep for their Equipage, during the Visitation of their Diocesses; that is to say, Forty or Fifty are al∣low'd to Archbishops; Twenty five to Cardinals; Twenty or Thirty to Bishops; Five or Seven to Arch-deacons, and Two to Deans: Now in regard that this Number is very considerable, it is declar'd in the end of the Canon, that what is granted by way of toleration, ought only to be put in execution in Churches which have large Revenues, and that in those Places where the Ec∣clesiastical Revenues are very mean, the Superiors shall take care not to over-burden their Infe∣riors in visiting them; and that it is not the meaning of the Decree, to enlarge the Privilege of those, who were not accustom'd to have so great a Retinue. The Bishops are likewise forbidden to oppress the inferior Clergy with Taxes and Impositions, although they are permitted upon urgent Occasions to demand of them necessary Supplies: But the Arch-deacons and

Deans are absolutely prohibited to lay any Taxes upon the Priests or Clerks of their Juris∣diction.

The Sixth, regulates the Formalities of Ecclesiastical Judicature, in which are observ'd Two common Abuses, viz. One, that the Superior Clergy, fearing lest the Inferior should withdraw themselves from their Jurisdiction by an Appeal, frequently begin with Suspending or Excommu∣nicating them, without having sent them any Monitory before; and the other, that the Inferior, on the contrary, who fear the Censure of their Superiors, appeal without having receiv'd any Wrong, and to maintain their unjust Practice, make use of the Remedy appointed for the Relief of the Innocent. Therefore to prevent these Abuses, it is ordain'd, That the Superiors shall pronounce no Sentence of Suspension or of Excommunication against the Inferior Clergy, unless it were preceded by a Canonical Monition; if the Crime of which they are guilty be not of the Number of those, that render the Persons ipso facto excommunicated or suspended; and the Inferior are forbidden to enter an Appeal, before Issue be joyn'd: As for those, who make a Lawful Appeal, it is decree'd, that a competent Time shall be allow'd them to prosecute it, and that in case they neglect to do it, within the limited Time, the Bishop, after the expiration of that Term, may make use of his Au∣thority: Lastly, that if the Party summoned present himself in Court, and the Appe••lant does not appear, the latter shall be oblig'd to re-emburse the former all his Charges. It is also requir'd, that this Ordinance be regularly observ'd, more especially in Monasteries, and with respect to Religious Persons.

The Seventh, condemns the Abuses which passed into a Custom, of exacting Money for In∣duction to Benefices; for the Burial of the Dead; for the Benediction of Marriages, and for the Administration of the Sacraments. The Bishops are likewise forbidden to impose new Duties on the Churches, to augment the old Ones, and to appropriate any part of their Revenues to their own private use, and they are enjoyn'd to maintain the Liberty of their Churches.

The Eighth, prohibits to bestow, or even to promise, Spiritual Livings, before they become vacant; ordains Patrons to make their Presentations within Six Months after the Vacancy; and grants to the Chapter the Right of nominating to such Benefices, as are too long left Vacant by the Bishop, when they are in his Gift; also to the Bishop, the like Right of nominating to those that ought to be conferr'd by the Chapter, upon the same Default: But if both Parties neglect to do it, the Right is declar'd to devolve on the Metropolitan.

The Ninth, reforms the Abuses that prevail'd under colour of Privileges granted to the Knights Templars, and other Religious Societies, who by virtue of these Privileges attempted many Things against the Authority of the Bishops: For they receiv'd Churches from the Hands of Laicks; ad∣mitted excommunicated Persons to the Participation of the holy Sacraments; allow'd them Christian Burial; placed and displaced Priests in several Churches by their own Arbitrary Power, and without acquainting the Bishops; frequently celebrated Divine Service in Churches that lay under a Suspension; and weaken'd the Episcopal Authority by Combinations and Fraternities. To put a stop to the career of these Abuses, the Council prohibits all Privileged People to entertain ex∣communicated Persons; enjoyns them to present to the Bishops those Priests whom they would have put in the Churches, which do not by undoubted Right belong to their Jurisdiction; and that these Priests shall give an Account of their Spiritualities to the Bishops, and of their Temporalities to the Religious Society on whom they depend; so that these Benefices cannot be taken from them without the consent of the Bishops. It is also farther declared, that if the Knights Templars come into Places lying under a Suspension, they shall only have Liberty to perform Divine Service once in them; and that the Members of their Society shall not be exempted from the Jurisdiction of the Bishops. This Regulation is extended to all the other Societies, that enjoy any Privileges, and make an ill Use of them.

The Tenth imports, That Money shall not be exacted for the admitting of Monks into Mona∣steries; that they shall not be suffer'd to have any Personal Estate; that they shall not live privately in Towns, Villages, or Parishes, but in large Convents; that they shall not go out of them alone; that the Monks, who give any Thing for their Entrance into a Monastery, shall not be advanced to Sacred Orders; and that they who exact any thing upon that account, shall be depos'd from their Office; that he who enjoys private Possessions, unless they were given him by the Abbot for his Office, shall be excommunicated; that an Abbot, who neglects to put this Order in execution, shall be degraded from his Dignity; that Priories, or Commissions, shall not be given for Money; that Conventual Priors shall not be chang'd, unless for a just Cause, as in the Case of Dilapidation, or Irregularity, or if it be judg'd expedient to remove them to higher Station.

The Eleventh, renews the Prohibitions so often reiterated with respect to Clergy-men who are in Orders, to keep Company with Women; condemns Sodomites to very severe Punishments; and forbids Ecclesiastical Persons to frequent the Monasteries of Nuns, unless upon some emergent Occasion.

The Twelfth, forbids all Clerks, who are maintain'd by Church-Revenues, to exercise the Functions of Attorneys or Solicitors in Law-suits, unless it be to manage their own Affairs; or those of the Churches, or those of the Poor, who are not able to defend themselves. They are also prohibited in this Canon, to serve as Receivers or Judges to Lay-Lords, under the Penalty of being suspended from the Exercise of their Ministerial Functions. The same Thing is likewise more rigorously forbidden to Monks.

The Thirteenth, enforces a Prohibition to the same Person to possess several Benefices, with the Cure of Souls, and ordains residence therein.

The Fourteenth, in like manner, prohibits the Plurality of Prebends, and condemns the Pro∣ceedings of Laicks, who put Clergy-men in the Churches, and turn them out whenever they think fit; who take upon them to distribute the Goods and Revenues of the Church at their Plea∣sure; and who exact Duties, and lay Taxes on the Churches, and on Ecclesiastical Persons. Therefore they who persist in such Practices for the future, are threaten'd to be anathematiz'd; and the Priests and Clerks, who receive Benefices from the Hands of Lay-men, to be depos'd: The latter are also forbidden, under pain of Excommunication, to summon Clergy-men before their Judges; and it is decree'd, that they who retain the Tithes, and other Church-Revenues, shall be depriv'd of Christian Burial.

The Fifteenth ordains, That the Estate or Goods which Clergy-men have got out of the Revenue of their Benefices, shall be left to the Churches to which they belong, whether they have so dis∣pos'd of them by their last Will and Testament or not. By this Canon is also abolished the Custom of Deans commissionated by the Bishops to exercise Episcopal Jurisdiction, who upon that account exact a certain Sum of Money.

The Sixteenth determines, That in Chapters, affairs shall be transacted according to the Advice of the greater, and more sound part of the Canons.

The Seventeenth, provides a Remedy for the Inconvenience that happens, when the Lay Pa∣trons are divided, and present several Clerks for the same Church. It is ordain'd, That he shall be preferr'd who is the most worthy, and has the greatest Number of Suffrages.

The Eighteenth, orders the Settlement of a School-master in all the Cathedral Churches, for the Instruction of Youth, to whom is to be allotted a Benefice of a sufficient Revenue for his Main∣tenance; in consideration of which, he is forbidden to exact any Thing for granting a Li∣cense to teach, and oblig'd to deny it to those who are not capable of performing that Employ∣ment.

The Nineteenth prohibits, under the Penalty of an Anathema, the Taxes and Impositions laid by Magistrates on the Churches, and Ecclesiastical Persons; at least unless the Bishops and the rest of the Clergy, having regard to the Exigencies of the State, especially when the Revenues of the Laity are not sufficient for the discharging of them, shall judge it expedient that the Churches should contribute somewhat to that purpose.

The Twentieth, condemns the Tournaments, in which Soldiers fight, and often kill one ano∣ther, to shew their Courage and Dexterity.

The Twenty first prescribes, under pain of Excommunication, the observing of a Truce, that is to say, of a Cessation of all manner of Acts of Hostility, from Wednesday-Evening at Sun-set to Munday-Morning, from Advent to the Octave after the Epiphany, and from Septuagesima till the Octave after Easter.

The Twenty second ordains, That Monks, Clerks, Pilgrims, Merchants and Peasants, who come and go to manage the Affairs of Husbandry, shall pass on the Roads with Safety, and that no new Tolls shall be exacted of them.

The Twenty third, grants to Lepers, who are sufficiently numerous for the keeping of a Church, a Church-yard, and a Priest, a License to that purpose, upon Condition that they do no Injury to the Ancient Churches, as to their Parochial Rights.

The Twenty fourth, forbids Christians to furnish the Saracens with Iron, Arms, Ship-tackle, or other Instruments of War, and excommunicates those who list themselves in their Service at Sea, as also such Persons as seize on the Goods of those that have suffer'd Shipwreak.

The Twenty fifth ordains, That Publick Usurers shall be depriv'd of the Communion during their Life-time, and of Christian Burial after their Death.

The Twenty sixth declares, That it ought not to be endur'd that the Saracens should have Christian Slaves, nor that the Christians should reside among them. It gives permission to re∣ceive the Testimony of Christians against the Saracens, and ordains that those who are converted to the Christian Religion, shall remain in the quiet Possession of the Estates which they enjoy'd before.

The Twenty seventh Canon is that which relates to the Albigeois, and others, who were reputed Hereticks in those Times, of which we have already given some Account elsewhere.

These are all the Regulations that were made in the Third General Council of Lateran. Bar∣tholomew Laurens, sir-nam'd Poîn, who published the Acts of this same Council, has annexed to it a large Collection of divers Constitutions of Alexander III. and of the Popes who preceded or suc∣ceeded him, which he looked upon at least in part, as a Sequel of this Council, because he found it in the same Manuscript: But this Work does not in any manner belong to the Council, and ought not to be esteem'd as a part of it; so that we shall take no farther Notice of it in this Place.

Notes

• * 1.1

  The Second General Council of Lateran.
• * 1.2

  The Third General Council of Lateran.