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.

The Fourth General Lateran Council, Held under Pope Innocent III. in the Year 1215.

THis Council was Appointed by Inoncent III. the 20th. of April 1213. to be Held two Years and an half after; that is, just the beginning of November, in the Year 1215. The Pope in his Letters * 1.1 of Indiction, gives his Reasons, why he thought that Council necessary, viz. The recovering of the Holy-Land, and the Reformation of the Catholick Church. He saies, That whereas those two Things affect the General State of the Church, he had resolv'd according to the Advice of his Bre∣thren, and other judicious Persons, to call a General Council for the Salvation of Souls, for the era∣dicating of Vice, and planting of Virtue, to correct Irregularities, reform the Manners, condemn Heresies, put a stop to Divisions, establish Peace, prevent Outrages, re-establish Liberty, and to en∣gage the Princes and People to Retrieve the Holy Land: That in the Interim, till the Council should meet, he had taken care to inform himself of the Abuses which needed Reformation, and to send Per∣sons into the several Provinces, to dispose them for the Expedition to the Holy-Land. He enjoins the Arch-Bishops and Bishops to come to the Conncil (excepting one or two Bishops who should remain in each Province) and those who could not come in Person, to send Deputies, and admonishes them, to order all the Chapters to send likewise their Deputies thither. In the mean time he recommended to them, the diligent Enquiring into whatever was necessary to be Reformed or Amended, in their Pro∣vinces, that so they might speak of it in the Council, and to Contribute all they could towards the pro∣moting the Expedition to the Holy Land. This Circular Letter was directed to the Patriarchs, Arch-Bishops, Bishops, and Soveraign Princes of all Christendom.

The Council met at Rome in the Church of St. Saviour, on the time prefix'd (in November 1215.) and consisted of Four hundred and twelve Bishops in Person, near Eight hundred Abbots and Priors, and a great many Deputies of the absent Prelates, or of the Chapters. The Latin Patriarchs of Con∣stantinople and Jerusalem were there in Person: The Patriarch of Antioch who was sick, sent a Bishop thither; and there came a Deacon the Deputy of the Patriarch of Alexandria, which was then under the power of the Sarazens. The Ambassadors of the Emperor of Constantinople, of the King of Sicily the Emperor Elect, of the Kings of France, England, Hungary, Jerusalem, Cyprus, Arragon, and of the other Princes, were there.

The Pope open'd the Session by Preaching on those Words of our Saviour, With desire have I desired to eat the Passeover with you. He therein took notice of three sorts of Passeovers which he desir'd to Celebrate with the Fathers of the Council, the Corporeal, the Spiritual, and the Eternal: The Cor∣poreal, which was the passing from one Place to another, for the Deliverance of Jerusalem; the Spiri∣tual, which was the passing from one State to another, by the Reformation of the Church; and the Eternal, which is the passing from the Temporal State to the Glory of Heaven. Upon the first Head, he exhorts the Ecclesiastscks to do all they could for the succouring of the Holy Land. Upon the Se∣cond, he exhorts them to make use of Spirstual Punishments on the Delinquents, that so they might reduce them from their Error. He exhorts them in particular, to Correct the Ecclesiasticks; because the Disorder proceeded chiefly from the Clergy, whose evil Example the People follow'd. He ob∣serves, That from hence chiefly proceed the Evils which infest the Church of God.

'Tis this (saies he) that overthrows the Faith, disfigures Religion, destroys Liberty, treads Justice under Foot, increases the number of Hereticks, makes the Schismaticks Insolent, the Infidels Proud and the Saracens Powerful.

He concludes all with the third Passeover, which is the passing to Glory, where he Prays he may one Day meet with them. He Preach'd likewise another Sermon to the Fathers of the Council, which is only a Moral Exhortation.

Afterwards he Orders the Reading in a full Council the Chapters or Canons upon the Discipline of the Church, which were already drawn up. Matthew Paris saies, That those Canons seem'd tolera∣ble to some of the Prelates, but grievous to others. His Words are these, Facto prius ab ipso Papa ex∣hortationis Sermone, recitata sunt in pleno Concilio Capitula Septuaginta quae aliis placabilia, aliis videban∣tur onerosa. Let the Case be how it will, 'tis certain, That these Canons were not made by the Coun∣cil, but by Innocent III. who presented them to the Council ready drawn up, and order'd them to be Read, and that the Prelates did not enter into any Debate upon them, but that their Silence was taken for an Approbation.

These Seventy Chapters or Canons, begin with a Form of Faith, drawn up in these Terms.

We do firmly Believe, and sincerely Confess, That there is but One True, Eternal, Immense, Omni∣potent, Immutable, Incomprehensible, Ineffable God, the Father, Son, and Holy Ghost, who are Three Persons, but only One Essence, One Substance, and One Simple Nature. The Father de∣rives his Substance from none, the Son has it from the Father, and the Holy Ghost proceeds from Both, without Beginning and without End. The Father begets, the Son is begotten, and the Holy Ghost proceeds. They are Consubstantial and Co-equal in all things, equally Powerful, equally

Eternal, One Individual Principle of all things, the Creator of things Visible and Invisible, Spiritual and Corporeal, who by His Omnipotent Power, Created out of Nothing at the Beginning of Time, and all together, two sorts of Creatures, Spiritual and Corporeal; and afterwards the Humane Nature, which is a Compound of Soul and Body. For the Devil and the other Daemons were Good when God Created them, and became by their own fault Wicked, and Man Sinned and Fell by the suggestion of the Devil. This Holy Trinity, which is Indivisible with respect to its Essence, and distinguish'd according to its Personal Properties, has given to Mankind a Salutary Doctrine by the Ministery of Moses, the Prophets, and the other Servants of God, according to the Order and Dispo∣sition of Times. And at last Jesus Christ the onely Son of God, who was Incarnate by the Power of the whole Trinity, and Conceived of the Virgin Mary (always a Virgin) by the Power of the Holy Ghost, who was true Man, made up of a reasonable Soul and humane Body, one single Person compounded of two Natures, has more clearly shown us the Way of Life, who being Immortal and Impassible as to his Divinity, as to his Humanity became Passible and Mortal: And he suffer'd for the Salvation of Mankind on the Cross; he Dy'd and Descended into Hell; is Risen from the Dead, and Ascended up into Heaven; but he Descended in his Soul, and Rose again with his Body, and is Ascended into Heaven with his Body and Soul, and shall come again at the End of the World, to Judge both the Living and the Dead, and to give to all Men according to their Works, as well the Reprobates as the Elect, who shall all rise again with their own Bodies which they at present bear about them, that so they may receive according to their Deserts, whether they be Good or Bad; the latter Eternal Glory with Jesus Christ, and the former Eternal Damnation with the Devil. There is but one Catholick Church of the Faithful, out of which none is Saved; wherein Jesus Christ is both Priest and Sacrifice, whose Body and Blood are contain'd really in the Sacrament of the Altar un∣der the Species of Bread and Wine; the Bread being Transubstantiated into the Body of Jesus Christ, and the Wine into his Blood by the Power of God, that so to render the Mystery of the Unity perfect, we might receive of His Nature what he receiv'd of Ours. No Person may Consecrate the Sacrament, but the Priest who has receiv'd Lawful Ordination, by the power of the Keys of the Church, which Jesus Christ has given to his Apostles and their Successors. The Sacrament of Ba∣ptism, which is Consecrated by Invocation of the Trinity, Father, Son and Holy Ghost, on the Water, is the Cause of Salvation as well of Infants as of Adult Persons, when 'tis Conferr'd accord∣ing to the Form of the Church, whoever it be that Administers it. If any one falls into Sin after Baptism, he may be always restor'd to Grace by a true Repentance: Not only Virgins and those who live Continently; but also Marry'd Persons, who please God by their Faith and Good Life, merit Eternal Life.

This is the Abstract of the Doctrine of the Church contain'd in the Profession of Faith of this Council. Which is the first Chapter or Canon of it.

In consequence to this, the Council condemns in the Second Chapter, the Treatise Compos'd by the Abbot Joachim against Peter Lombard, about the Unity of the Essence of the Trinity; because that Abbot had treated him as a Fool and an Heretick, for having said in his Book of Sentences, That the Father, Son and Holy Ghost, are one Supreme or Soveraign Being, which is neither begetting, begotten nor proceeding: A Proposition from whence he pretends it follows, That there is a Quaterni∣ty in the Godhead, namely Three Persons of the Trinity, and one common Essence. The Council explains and confirms the Doctrine of the Master of the Sentences, and rejects that of Joachim; who pretended, That the Father, Son and Holy Ghost, where not the same thing, tho' they be one Sub∣stance and one Nature; which yet he explain'd in such a manner, that he seem'd to admit of only a Specifick Unity, or resemblance between those Three Persons. The Council declar'd those to be He∣reticks, who would maintain the Opinion of the Abbot Joachim. However, they order'd, That the Condemnation should be no prejudice to the Monastery of Flora, of which Abbot Joachim was the Founder, because there they liv'd Regularly, and put in practice a very good Discipline; but espe∣cilly because that Abbot had submitted his Books to the judgment of the Holy See, and had protested in Writing, That his Belief was the same with that of the Church of Rome, which is the Mother and Mistress of all the Faithful. The Council likewise, condemn'd in the same Chapter, the Errors of Amaury, of whom 'tis said, That the Father of Lies, had so obscur'd his Understanding, that his Doctrine may rather pass for Nonsense than Heresie.

In the Third Canon, they Excommunicated and Anathematiz'd all the Hereticks, who oppose the Catholick and Orthodox Faith, as before Explain'd: And 'tis therein Order'd, That the Hereticks shall be deliver'd up after their Condemnation to the Secular Powers, or to their Officers, to be Pu∣nish'd according to their Demerits, the Clerks being first Degraded: That their Goods shall be Con∣fiscated, if they be Laicks: And if Clerks, then they shall be apply'd to the use of the Church: That those who lye under violent suspicions of Heresie shall be likewise Anathematiz'd, if they do not give proofs of their Innocence, and they shall be avoided, till they have given satisfaction, and if they be in a State of Excommunication during a Year, they shall be condemn'd as Hereticks: That the Lords shall be admonish'd and oblig'd by Ecclesiastical Censures, to take an Oath, that they will Extirpate Hereticks and Excommunicate Persons, who shall be within their Territories: That if they neglect to do it after Admonition, they shall be Excommunicated by the Metropolitan and Bishops of the Province, and that in case they persist a Year without making satisfaction, the Soveraign Pon∣tiff shall be advertis'd thereof, that so he may declare their Vassals absolv'd from their Oath of Fealty, and bestow their Lands upon such Catholicks as will Seize upon them, who shall be the Lawful Pos∣sessors of them, by Extirpating Hereticks, and preserving the purity of the Faith in them; but with∣out prejudice to the Right of the Superiour Lord, provided he offer no obstruction or hinderance to the putting this Ordinance in Execution. The same Indulgences are granted to those Catholicks, as

shall undertake to Extirpate Hereticks by force of Arms, as are granted to those who go to the Holy Land. They Excommunicated those who entertain'd, protected, or supported Hereticks, and declare, That those who shall be Excommunicated upon that account, if they do not make satisfaction within a Year, shall be declar'd Infamous, and divested of all Offices, as well as of Votes in the Elections; that they shall not be admitted as Evidences; that they shall be depriv'd of the Faculty of making a Will, or succeeding to an Estate; and Lastly, That they may not perform the Functions of any Of∣fice. 'Tis likewise farther order'd, That those who will not avoid the Company of such Persons as are by the Church denounc'd Excommunicate, shall be Excommunicated themselves, till they have given satisfaction. But above all, Ecclesiasticks are forbidden to Administer the Sacraments to them, to give them Christian Burial, to receive their Alms or Oblations, upon pain of being Suspended from the Functions of their Orders, wherein they may not be re-establish'd without a special Indulto from the Pope. The same Punishment is likewise inflicted on the Regulars, and besides this, that they be not any longer tolerated in the Diocess, wherein they shall have committed such a Fact. All those are Ex∣communicated who shall dare to Preach without having receiv'd a Licence from the Holy See, or a Catholick Bishop. Lastly, The Arch-Bishops and Bishops, are oblig'd to visit in Person, or by their Arch-Deacons or by other Persons, once or twice a Year, the Diocesses where it is reported that there are any Hereticks, and to put a certain number of Inhabitants upon their Oath, to discover to the Bishop such Hereticks as may be detected. They are likwise enjoin'd to cause the Aecused to appear, and to punish them if they do not clear themselves, or if they relapse after they have been clear'd. Lastly, The Bishops are threatned to be Depos'd if they neglect to Purge their Diocess from Hereticks.

The Fourth Canon relates to the Greeks. It imports, That tho' the Council would honour and fa∣vour the Greeks, who threw themselves under the Obedience of the Holy See, by maintaining as far as possible their Customs and Ceremonies, yet it could not tolerate, what might be prejudicial to the Salvation of Souls and to the Ecclesiastical Dignity: That the Greeks, after they had shaken off their Obedience to the Holy See, have had so great an abhorrence to the Latins, that they would not Cele∣brate on the Altars whereon the Latins had Celebrated, till they had wash'd them; that they had Re-baptiz'd those who had been Baptiz'd by the Latins. They are here forbidden to do any such thing for the future, and are exhorted to conform themselves to the Church of Rome, that there may be one Flock under one Shepherd. They who shall for the future undertake the like, are menac'd with Ex∣communication and Deposition.

The Fifth regulates the Order of Patriarchs, and orders, That next to the Church of Rome, which has the Primacy over all other Churches according to the Appointment of our Saviour, the Church of Constantinople shall have the First Place, that of Alexandria the Second, the Church of Antioch the Third, and that of Jerusalem the Fourth: And the Patriarchs of those Churches are Impower'd to grant the Pall to the Arch-Bishops who depend on them, and to demand of them a Profession of Faith and of Obedience to the Holy See, after they themselves have receiv'd the Pall from the Holy See (which is here styl'd the Ensign of the Plenitude, of the Pastoral Power) and have taken an Oath of Fealty and Obedience to it. They are likewise allow'd to have the Cross carry'd every where before them, except in the City of Rome, and other Places where the Pope shall be in Person, or his Legate, having the Marks of the Apostolick Dignity. They are also allow'd the Privilege of Trying the Ap∣peals of all the Provinces within their Jurisdiction, except Appeals to the Holy See, to which all the World ought to pay a Deference.

In the Sixth it is order'd, That according to ancient Custom, the Metropolitans shall every Year call Provincial Councils, wherein they shall Treat of the Reformation of Manners, especially of those of the Clergy, and cause the Canons to be Read over, especially those that are made in this Coun∣cil, and that the Bishops shall take care to have in their Diocesses several prudent and grave Persons, who without exercisingany Jurisdiction, shall inform themselves of such things as are necessary to be Reform'd or Corrected, and shall make their Report to the Metropolitan and his Suffragans in the next Council, that so a Remedy may be apply'd.

The Seventh, Enjoins the Ordinaries to be careful in Reforming the Manners of the Clergy within their Diocesses, and to correct the Abuses and Disorders; and that they might with the greater freedom, it declares, That they may not be hinder'd in doing it, under the pretence of any contrary Custom, or by any Appeal. With respect to the disorders of the Canons of Cathedral Churches, which the Chapters were us'd to Correct; 'tis here order'd, That they shall be Corrected at the time prefix'd by the Bishop, if not, that then he shall make use of Ecclesiastical Censures to correct them: That he shall likewise take care to Reform the other Irregularities of his Clergy, by ob∣serving in all things the Rule and Order prescrib'd him: That moreover, if the Canons forbear to Say the Office in their Church, without any evident Reason, the Bishop shall not forbear to Cele∣brate, and upon his Complaint the Metropolitan shall make use of Ecclesiastical Censures against them. Lastly, The Ordinaries are admonish'd in this Canon, not to abuse this Ordinance, to get any profit to themselves by it, or to oppress those of their Diocess.

The Eighth Canon, Regulates the Process which ought to be minded in the Accusations of Eccle∣siasticks. 'Tis therein declar'd, That 'tis not to be tolerated to Accuse them lightly: That they ought to be present when they are inform'd against, unless they absent themselves out of Contumacy: That they ought to be told the Heads of the Information against them, and to know their Accusers, and to be admitted to put in their Replications and Lawful Exceptions: That there are three ways of proceeding against a Criminal, by way of Accusation, by Denunciation and by Inquisition. That the Accusation, ought to be usher'd in by the complaint of the Accuser, the Denunciation, by a Cha∣ritable

Admonition, and the Inquisition, by common Report: That yet it was not requisite to ob∣serve this Method precisely, with respect to Regulars, and that one might Divest them of their Offices when it was expedient, without observing all these Formalities.

The Ninth orders, That the Bishops of Diocesses, wehrein there are People of different Nations, and who have different Customs, shall take care to provide Persons who may Celebrate Divine Ser∣vice according to those different Rites, without putting themselves to the trouble of having two Bishops in one and the same Diocess.

The Tenth imports, That the Bishops shall take care to have in the Churches of their Diocesses Eminent Persons to Preach the Word of God, and Administer the Sacrament of Pennance.

The Eleventh Confirms the Decree of the Council of the Lateran, Held under Alexander III. im∣porting, That there shall be in all Cathedral Churches a Master to Teach Gratis the Clergy of those Churches, and theothe•• Poor Schollars, on whom they shall bestow the Revenue of a Benefice; and ex∣tends this Rule to other Churches, that so the same might be observ'd for the Master of a Grammar-School: And that in the Metropolitan Church, besides the Grammar-Master, there shall be a Divine to Teach the Priests and other Ecclesiasticks the Holy Scripture, and what relates to the Cure of Souls; that they shall bestow on him the Revenue of a Benefice, tho' he might be a Canon at the same time, and that he shall hold it so long as he shall be a Teacher: That if the Metropolitan Church have not wherewithal conveniently to keep a Theologician, and a Grammar-Master, the Theolo∣gician shall be kept there, and the Grammar-Master provided for in another Church.

The Twelfth imports, That every three Years there shall be Held in all Kingdoms or Provin∣ces, without prejudice to the Rights of the Diocesan Bishops, Chapters of Abbots, and Priors of Mo∣nasteries, who never were used to hold any such before: That they shall invite to them two Abbots of the Order of Cisteaux, who were accustom'd to hold such: That Four of them shall Preside over the Chapter, which shall be Held several Days: That there they shall lay out themselves upon Reforming the Order, and making the Regular Discipline to Flourish: That whatever shall be Order'd with the Approbation of the Four Presidents, shall be Inviolably Observ'd notwithstanding any Opposition, or Appeal whatever: That all those who come to the Chapter shall live in Common whilst it is Held: That there they shall Nominate Visiters to Visit the Monasteries of Men and Women, and to Cor∣rect and Reform whatever shall want it in them; so that if they find themselves oblig'd to Depose any Superior, they shall acquaint the Bishop of him, who shall not fail to Depose him; and in case he does not do it, that then they should acquaint the Holy See with it. It orders the same thing with respect to Regular Canons. However it does not discharge the Bishops from taking care of the Mona∣steries; on the contrary, it enjoins them with the utmost Diligence to keep up the Discipline, that so the Visiters may find nothing to Reform. Lastly, it orders the Bishops and Presidents of Chapters to make use of Ecclesiastical Censures against the Seculars who shall do any wrong to the Mona∣steries.

The Thirteenth prohibits all manner of Persons from Erecting a New Order, and imports, That those who would embrace the Monastick Life shall enter into an Order already approv'd; and that those who are willing to Found a New Monastery shall follow one of the Rules, and be one of the Orders already approv'd. It likewise forbids one and the same Person to be a Monk, or Abbot of two Monasteries.

The Fourteenth enjoins, That the Incontinent Clerks shall be punish'd: That if any one being ta∣ken up for that Crime, shall dare to Celebrate, he shall be divested of his Benefices and Depos'd: That the same Severity shall be used to Bishops, who shall countenance those Irregular Persons for any In∣terest: And that the Ecclesiasticks who are in Countries where they have Liberty to Marry, shall be more severely punish'd, if they fall into the Sin of Incontinence.

The Fifteenth, Is against the Drunkenness of Ecclesiasticks, and forbids them to go a Hunting, and to keep Hounds or Hawks.

The Sixteenth forbids them to concern themselves in Secular Trades, especially in such are disho∣nest: To go to Comedies or Farces; to frequent Publick Houses, unless in a Journey, or in case of Ne∣cessity; and to play at any Games of Dice: And it enjoyns them to wear a Coronet and Tonsure suita∣ble to their Quality; to have Habits clos'd before, which should be neither too long nor too short; not to wear colour'd Cloths, or such as are set off with Trimming; not to wear at Church Copes with Sleeves, not to wear Clasps or Ribbans of Gold and Silver, nor Rings, unless by their Digni∣ty they have a Right to wear them. It is likewise order'd, That Bishops shall wear in Church and out of Church Surplices of Linnen, except those who ought to wear the Monachal Habit; and that the Mantles which they make use of, shall be fastned before or behind with Clasps.

The Seventeenth is against the Effeminacy of some Clerks who spent part of the Night in Feasting, or in Prophane Company, slept till Daylight, and in Saying their Matins left out one half of the Of∣fice: And against those who Celebrate Mass but four times a Year, and who were present at it but very seldom, and without any manner of Devotion. Those Irregularities were forbidden under pain of Suspension, and the Clerks are exhorted to Celebrate the Morning and Evening-Service con∣stantly and Devoutly.

The Eighteenth prohibits them from pronouncing the Sentence of Death, from assisting at Exe∣cutions, from writing or dictating Letters to demand the Death of any Person, from being Inquisi∣tors, from exercising any part of Chirurgery, wherein it was necessary to apply Iron or Fire; from giving Benediction for the making of a Tryal by hot or cold Water, or by hot Iron.

The Nineteenth forbids the putting any Houshold-Goods into Churches, unless in cases of necessity; and orders, That they shall keep the Utensils and Ornaments of the Church of their own.

The Twentieth orders, That the Holy Chrism and the Eucharist shall be kept under Lock and Key; and that if the Person to whose Care they are entrusted, leaves the Place where they are, open, he shall be Suspended ab Officio for three Months, and if any Accident happen to them through his fault, he shall be Punish'd for it very severely.

The Twenty first is the Famous Canon which enjoins, That all the Faithful of both Sexes who are arriv'd to Years of Discretion, shall Confess all their Sins at least once a Year to their own pro∣per Priest (that is, the Curate, as appears by the Thirty second Canon, where this Title is given to Curates:) That they shall compleat the Pennance impos'd on them, and receive the Sacrament of the Eucharist devoutly at least every Easter, unless they believe that they ought to abstain from it for some time, upon some reasonable Account, and with the Advice of their own proper Priest. Those who shall not discharge this Duty, shall be Condemn'd to the being depriv'd of entring into the Church whilst they Live, and of Eccesiastical Burial when they Die. And it is order'd, That this Canon shall be often Read publickly in the Church, that so none may plead Ignorance in the Case. 'Tis here added, That if any one would confess his Sins to a Priest that is a Stranger, he ought to ask and get leave for it of his own proper Priest, because otherwise he can neither bind nor unbind. The Priests are likewise admonish'd to be Discreet and Prudent, to handle like good Physicians the Wounds of their Patient; to pour into them Oyl and Vinegar by informing themselves exactly of the State of the Sinner, and of the Circumstances of his Sins; and to know what Counsel he ought to give him, and what Remedies he ought to make use of to Cure him, to take care never to discover by Word or Sign the Sins of those who are Confess'd; and if he wants Advice in the case, to ask it without discovering the Person. Lastly, That those who shall disclose any Sin that has been reveal'd to them in Confession, shall be condemn'd not only to be Depos'd, but also to be Confin'd during Life in a Monastery, there to do Pennance for it.

The Twenty second imports, That the Physicians of the Body shall Advise their Patients to send for the Physicians of the Soul before they Prescribe any thing to them, that so they may provide for the Salvation of their Souls, before they lay out any care for the Health of their Body. It like∣wise forbids Physicians under pain of Excommunication to prescribe any thing to their Patient for the Health of his Body, which may put his Soul in any danger.

The Twenty third imports, That a Cathedral or Regular Church shall not be vacant above three Months; and if those whose Right it is to Elect, do not proceed to an Election within that time, they shall forfeit the Right of Electing Pro hac vice, which shall lapse to their immediate Superior, who shall be oblig'd to do it within three Months.

The Twenty fourth prescribes the Forms of Elections: Namely, That in the Presence of all those who ought to be there, three creditable Persons be chosen out of their Body, who shall Collect and exactly count the Voices of all who shall give their Suffrages; and who having put them in Writing, shall immediately publish them, without being liable to any Appeal, that so he may be Elected, who has all the Votes, or the Votes of the Major and Sounder Part of the Chapter: Or that they may commit the Power of Electing to a certain Number of capable Persons, who shall provide for the Vacant Church in the Name of All. The Elections made otherwise are declar'd Null; if they are not made by the Unanimous Vote of all the Electors as it were by Inspiration. These then are the three ways of Election, by Scrutiny, by Compromizing, and by Inspiration. They who observe not this Form shall forfeit their Right of Election pro hac Vice. It prohibits the Consti∣tuting a Procurator in the Business of Election, if he who Constitutes be not absent, and in a Place from whence he ought to be Summon'd, where he is detain'd by a Lawful Obstruction, of which Oath shall be made; and in this Case 'tis allow'd to Commissionate one of the Body in his Place. Lastly, It rejects clandestine and secret Elections, and enjoins, That the Election shall be solemnly publish'd immediately after it be made.

The Twenty fifth deprives him, who consents to an Election made by the Authority of Secular Powers, of the Benefice to which he has been Elected, and renders him uncapable of being Elected to another: And with respect to those who proceeded to the Election, it Suspends them for three Years ab Officio & Beneficio, and deprives them of the Right of Electing.

The Twenty sixth imports, That he whose Right it is to Confirm the Person Elected ought care∣fully to enquire into the Form of the Election, and the Person Elected, that in case the Election be according to Form, and the Person Elected have the Qualifications requisite, he shall Confirm it. Those who Confirm an unworthy Person, shall forfeit their Right of Confirming, and be Suspended from their Benefices. The Bishops are admonish'd to promote only such to Holy Orders, who can acquit themselves of their Duties worthily. As for those who are under immediate Subjection to the Holy See, 'tis order'd, That if they can conveniently, they shall Personnally appear before the Pope to ob∣tain the Confirmation of their Election, or shall send able Persons by whom one may be inform'd of the Qualifications of the Person elected, and of the Form of the Election; provided notwithstanding that those who are out of Italy, if their Election be not Disputed, shall have the Administration both of Spirituals and Temporals. As to the Consecration or Benediction, 'tis declar'd, That it shall be given according to Custom.

The Twenty seventh enjoins the Bishops to Instruct, or cause those to be Instructed on whom they Confer Priests-Orders, of the manner of Celebrating Divine Service, and of Administring the Sacra∣ments. They are threatned to be Punish'd who shall for the future Ordain Ignorant Priests; because 'tis more Eligible to have a few good, than a great many bad Ministers.

The Twenty eight orders, That those who shall have ask'd and obtain'd leave to quit their Bene∣fices, shall be bound to do so; if not, that then they shall be forc'd to it.

The Twenty ninth renews the Canon of the Lateran Council Held under Alexander III. which prohibits one and the same Person from holding several Benefices, that have the Cure of Souls; and that this may be put in Execution, it orders, That any Ecclesiastick who shall accept of a Benefice having the Cure of Souls, when he has another of the same Nature, shall forfeit his Right to the first, and if he will hold it, he shall likewise be turn'd out of the latter: That the Patron of the first Benefice shall forthwith bestow it on whom he pleases, and if he delays Presenting the space of three Months, not only the Right of Presenting shall lapse to another, as is order'd in the former Lateran Council, but also that he shall bestow so much of his Revenues on the Church, as he has gain'd by the Vacant Benefice. The same thing is order'd with respect to Personats, and therein 'tis prohibited the having two Personats in one and the same Church, tho' they have not the Cure of Souls. However 'tis de∣clar'd, That the Holy See may dispense with this Law with respect to Persons of Merit and Learn∣ing, who ought to be Dignify'd with Considerable Benefices, when there shall be sufficient Reason for it.

The Thirtieth orders, That those who shall Collate Benefices on in-sufficient Persons, shall be Sus∣pended from their Right of Collating, and that this Suspension shall not be taken off, but by the Au∣thority of the Pope, or Patriarch.

The Thirty first imports, That the Children of Canons, and especially Bastards, may not have Prebends in the Churches where their Fathers are Canons.

The Thirty second orders the Patrons of Parochial Churches to allow the Curates a sufficient Part of the Revenues for their Maintenance, and enjoins the Curate to serve their Cures themselves and not by Vicars, at least, that a Parish-Church shall not be annex'd to a Prebend or a Dignity in which Case he who is the Incumbent being oblig'd to do Duty in the Great Church, shall substitute in his Place for the Cure a constant Vicar, to whom he shall allow a Competency. It prohibits the laying a Pension on the Revenues of Curates.

The Thirty third orders, That the Bishops, or their Arch-Deacons shall not exact the Right of Pro∣curation, but when they shall Visit in their own Persons; that they shall observe the Regulation made in the Lateran Council. This Law likewise extended to the Legates and Nuncio's of the Holy See; and they who Visit are recommended not to seek their own Profit, but the Glory of Jesus Christ, and to apply themselves to the Reformation of Manners and to Preaching.

The Thirty fourth prohibits the Exactions made under a pretence of paying the Duty of Procu∣ration to Legates or any others.

The Thirty fifth prohibits the Appealing from a Judge to a Superior before he has pass'd Sen∣tence, unless there be a lawful Cause for such an Appeal, which shall be represented to the Judge be∣fore it can be brought before the Superior; which is enjoin'd without prejudice to those Constituti∣ons, which order, That the greater Causes shall be referr'd to the Holy See.

The Thirty sixth imports, That if the Judge revoke a Comminatory or Interlocutory Sentence which he has pass'd, he may continue the drawing up of the Process, when an Appeal has been made from this Sentence.

The Thirty seventh prohibits the granting of Commissions for the allowing Persons to appeal be∣fore Judges above two days Journey distant from the Place where the Person assign'd is; and the ob∣taining such Commissions without special Orders from the Lord of the Place.

The Thirty eighth enjoyns the Judges to have a Publick Officer, or two sufficient Persons, who shall write down all the Form of the Processes, which shall be communicated to the Parties concern'd keeping the Minutes by them.

The Thirty ninth orders, That the Person who has been turn'd out of any Place, shall be first put in it again, before his Right to it be try'd.

The Fortieth imports, That the Possession of a Year shall be computed from the Day of its being settled by a Decree; tho' the Person in whose favour Sentence is pass'd, cannot by reason of the ma∣lice of his Adversary, be put into possession of the thing which is adjudg'd to him, or may have been turn'd out of it. It prohibits Ecclesiasticks from committing the Trya•• of Ecclesiastical Causes to Laicks.

The Forty first imports, That the Prescription which is not Bona fide made shall be of no force, and that 'tis necessary that he who makes use of Prescription, shall not remember any time when what he holds did not belong to him.

The Forty second prohibits Ecclesiasticks from enlarging their Jurisdiction to the prejudice of Se∣cular Justice.

The Forty third prohibits Laicks from exacting Oaths of Fidelity from Ecclesiasticks, who hold no Temporality of them to oblige them to it.

The Forty fourth declares, That the Constitutions of Princes which are prejudicial to the Rights of the Church shall not be observ'd, whether they be for the Alienation of Fiefs, or for the Incroaching on the Ecclesiastical Jurisdiction, or for any other Goods.

The Forty fifth prohibits Patrons and Vouchers of Churches from undertaking more than is al∣low'd them, and deprives them of the Right of Patronage, who shall wound or kill the Clerks of the Churches under their Patronage.

The Forty sixth revives the Excommunication issu'd out by the Lateran Council against those who exact Tallies and other Taxes from Ecclesiasticks. Notwithstanding it allows Bishops in cases of Necessity to engage Ecclesiasticks to give something, provided they have advis'd with the Pope a∣bout it first. It declares those Sentences Null that are made by Excommunicated Persons, and it observes, that those who have been Excommunicated whilst they were in an Office, are not dis∣charg'd from their Excommunication for their having quitted that Office.

The Forty seventh regulates the Form of Excommunication as follows. The Excommunication ought to be preceded by Admonition made in the Presence of several Witnesses: It ought to be founded on a publick and reasonable Cause. If the Excommunicated Person finds himself aggriev'd, he may complain of it to the Superior Judge, who shall send him back to be absolv'd by the Judge who Ex∣communicated him, if there be no danger in such a delay; but if it is to be fear'd, that this Delay may have dangerous Consequences, he may himself give him Absolution. When the Injustice of the Excommunication shall be prov'd, he who has Excommunicated shall be condemn'd to repair the Damages of him who has been Excommunicated, and be punished according as his Superior judges requisite. But if he who complains of the Excommunication does not bring any sufficient reason, he shall be condemn'd to Damages and punish'd as the Superior pleases, if he be not ex∣cusable by some probable Error, and he shall remain Excommunicated till he has made Satisfaction, or given Security for doing it. If a Judge finding himself in a mistake revoke his Sentence, and he in whose favour it was made will appeal, no notice shall be taken of such Appeal, unless the Error be such as admits of no Question: in which Case he shall absolve the Excommunicated Person, upon Condition that he will submit to the Judgment of him to whom the Appeal has been made.

The Forty eighth imports, That when any Person has a Judge whom he suspects, and will refuse to be Try'd by him, he shall allege the Reasons of his Suspicion before Umpires who shall be pitch'd upon, and if they think them Just, the refus'd Judge shall refer the Process to an∣other Judge or the Superior. That if it happens that he who has received Admonition, does Appeal, and yet his Disorder be certain either by the Evidence of the Fact, or by his own Confes∣sion, or by any other way, that then no notice shall be taken of that Appeal; and in case the Crime be dubious, the accus'd shall be oblig'd in appealing to notifie before the Judge the reason of his Appeal, which ought to be such, that if it be prov'd, it shall be allow'd Lawful: That he shall be likewise oblig'd to prosecute his Appeal before the Judge in a competent time, if not, then the First Judge shall proceed against him notwithstanding his Appeal, and if he has made a wrong Appeal, he shall be sent back to the first Judge. However these Orders are not to be understood to touch the Regulars.

The Forty ninth prohibits the Excommunicating or Absolving any Person for Interest, and orders that in the Places where they impose a pecuniary Mulct in giving Absolution, they shall be oblig'd to make Restitution in case the Excommunication was unjust.

The Fiftieth repeals the Prohibition of contracting Marriage in the second and third Degree of Af∣finity, and between Children issuing from a second Marriage, and the Relations of the former Hus∣band, and restrains the Degrees wherein Marriages were unlawful to the fourth Degree of Consan∣guinity and Affinity.

The Fifty first prohibits Clandestine Marriages, and orders, That the Priests shall publish the Banns in Churches, that so such Impediments as are lawful may be objected against them. Penalties are likewise inflicted on those who Countenance or Authorize Incestuous or Clandestine Marriages.

The Fifty second imports, That they shall admit of no Evidences with respect to Marriage-Impe∣diments, who only give in their Evidences by Hear-say, unless they be very creditable Persons, and who depose, that they have heard it said by several Persons before the Process was drawn up: That those Witnesses shall swear that they are not induc'd thereto by any Motive of Hatred, of Fear, of Friendship, or of Interest: That they shall mention the Degrees of Kindred: And Lastly, That they shall not be credited, unless they depose, that they have seen several of those Persons treat one another as Relations.

The Fifty third prohibits the giving of Lands to such Persons as have not us'd to pay Tithes to Churches.

The Fifty fourth imports, That the Tenth ought to be taken of all sorts of Revenues before a∣ny thing is rais'd upon it for the payment of the Tax or Tribute.

The Fifty fifth orders, That the Demeans which for the future shall be purchas'd by the Monks of Cisteaux, or by any others shall pay Tithes.

The Fifty sixth prohibits the Secular or Regular Clergy, when they let out Inheritances, or be∣stow them in Fief, from stipulating, that they shall pay them the Tenths thereof, and that those to whom they give them shall be interr'd among them.

The Fifty seventh to redress the Abuses of several Privileges granted to Regulars, ordains, That the Privilege granted to the Friars of several Orders of being always interr'd in Holy Ground, at least if they were not formally Excommunicated or Interdicted, ought not to be understood but only of such who are consecrated and have chang'd their Habit, or of those who have bestow'd their Estate upon them, of which they have only retain'd to themselves the Usufructus of it. The Privi∣lege likewise is restrain'd which they had of opening the Churches of an interdicted Place upon their Arrival there, to only one single Church.

The Fifty eighth grants to the Episcopal Churches during an Interdiction, the favour granted to several Monks of Celebrating Divine Service in their Churches with a low Voice without ringing the Bells, at least when this was not expressly prohibited by the Interdiction, or when those of that Church had not been the occasion of the Interdiction; and upon condition that the Excommunica∣ted and Interdicted Persons shall not be present.

The Fifty ninth extends to all the Monks the Prohibition that was made to particular Persons of being Surety for any one, or raising any Summ without the Abbot's and the major Part of the Chapter's Leave.

The Sixtieth prohibirs the Abbots from incroaching on the Rights of Bishops, by trying the

Causes of Matrimony, by imposing publick Pennances, by granting of Indulgences, and by per∣forming any other Functions peculiar to the Bishops, unless they have leave, or a lawful reason for so doing.

The Sixty first revives the Canon of the Lateran Council, which prohibits the Monks from re∣ceiving Tithes from the Hands of Laicks, and enjoyns them to present to the Bishops such Priests to serve in the Churches which do not depend on them Pleno Jure, who shall be responsible to the Bi∣shops for the Spiritualities, and may not be turned out without their permission.

The Sixty second imports, That having understood that Religion was often dishonour'd by expo∣sing of Relicks to Sale, to put a stop to this Scandal for the future, it prohibits the shewing of Re∣liks out of their Cases, the exposing them to Sale, and the honoring any new ones, unless approv'd by the Pope's Authority. It admonishes the Prelates not to suffer, that those who come out of De∣votion to their Churches, be impos'd upon by Falsities and Shams, as it happen'd in most Places where this Practice prevail'd for Interest. And they are prohibited from admitting of any Questors, who have not the Pope's permission, of which the Form is here given. Lastly, The Abuse of indis∣creet Indulgences is regulated, and 'tis order'd, That the Indulgences for the Dedication of a Church, shall last no longer than a Year, and that on the Anniversary of that Feast, they shall grant remis∣sion of Pennance enjoyn'd for Forty Days only. It likewise requires, That the number of Indul∣gence-days be likewise limited in all other Acts by which they are granted.

The Sixty third abolishes the Use, or rather Abuse, which was crept into some Churches of ex∣acting a certain Summ for the Benediction of Abbots, and for the Conferring of Holy Orders, and declares those who exact or receive any thing upon that account to be guilty of Simony.

The Sixty fourth prohibits likewise the exacting of any thing for being admitted into any Religi∣ous Order, and enjoyns, That the Nuns who shall give or exact any thing under any Pretence whatsoever shall be turn'd out of the Monastery, and enjoyn'd Pennance in a more Austere Mo∣nastery. And as to those who have been admitted for Money before this Decree, 'tis order'd that they shall retire into another Convent of the same Order, or shall be admitted afresh into the Mo∣nastery wherein they are, and shall take their Places only from the Day of this latter Admission. The same thing is order'd with respect to Monks and the other Regulars, and the Bishops are en∣joyn'd to publish this Decree every Year in their Diocesses, that it might be observ'd.

The Sixty fifth prohibits the Bishops from interdicting a Church after the death of the Curate, in order to exact a Summ of Money of his Successor, or from demanding any thing to permit a Secular to be admitted into any Religious Order or to be interr'd there.

The Sixty sixth prohibits the demanding any thing for the Burial of the Dead, for the Benedicti∣on of Marriage, or for any such like things. However 'tis not pretended by this Decree to put a stop to the pious Customs which some out of an Heretical Spirit would abolish.

The Sixty seventh is against the exorbitant Usury of the Jews. It orders, That those among them who exact any from the Christians, shall be debarr'd from having any Commerce with Christians; as well as those who will not give the Church satisfaction for the Tithes and the other Oblations due upon the account of the Houses or Inheritances which they Possess.

In the Sixty eighth 'tis order'd, That the Saracens and Jews shall wear particular Habits to distin∣guish them from others, and they are prohibited to go abroad on Good Friday, because at that time they were us'd to express their joy in insulting over the Christians. Princes are enjoin'd to prevent them from uttering Blasphemies against Jesus Christ.

The Sixty ninth revives the Canon of the Council of Toledo, which forbids the bestowing any Publick Charges or Offices upon them.

The Seventieth imports, That the Jews who are Converted and have been Baptiz'd, shall be hin∣dred from observing their Ceremonies, and from mixing Judaism with Christianity.

Those Chapters, or at least part of them, being Read in the Council, the Pope caus'd the Decree for the Croisade to be Publish'd, being drawn up in these Terms.

Being earnestly desirous to reco∣ver the Holy Land from the Hands of the Prophane, We Order by the Advice of Prudent Persons, who are acquainted with the favourable Circumstances of Times and Places, and by the Approbation of the Sacred Council, that the Croisado-Men shall be ready by the first of June in the Year ensuing; and that all those who are resolv'd to go by Sea shall Rendevouz in the Kingdom of Sicily, some at Brinda and others at Messina, and the adjacent Places, where we are resolv'd to be in Person, that so that Army may be Regulated by our Councils, Aided by our Succours, and depart with the Divine and Apostolick Benediction. Those who will go by Land, shall be likewise ready by the same time, and shall give us notice thereof, that so we may send them a Legate to Conduct and Succour them. That the Priests and other Ecclesiasticks from the Highest to the Lowest, who shall be in the Christian Army, take care to apply themselves to Prayer and Preaching, and to In∣struct others by their Doctrine and Examples, that so they might have the Fear of God always be∣fore their Eyes, and that they neither say nor do any thing which may offend the Divine Majesty: And if they should fall into any Sin, they rise again by Repentance.

He grants to the Ecclesiasticks who shall be in that Army, the Right of receiving the Revenues of their Benefices for three Years, as if they were Resident. He orders all the Prelates to admonish all those who are Engag'd in the Croisade, That they are oblig'd to perform their Vow, and to constrain those who will not do it by Excommunicating their Persons and Interdicting their Demeans, if they have no lawful Hindrance, which the Holy See judges sufficient to dispense them from their Vow. He recommends to them like∣wise the Exhorting and Inviting all the Princes and all their Subjects to provide Soldiers, Arms, Provisions and Ships for the Expedition, in order to obtain the Remission of their Sins: And to set

an Example himself, He declares, That he will furnish them with Thirty thousand Pounds of his E∣state, besides the Charges of the Journey of those Croisado-Men in and about Rome, upon which Three thousand Marks of Charity-Money, lying in his Hands, shall be expended. He enjoins all Bene∣ficed Men to give the Twentieth Penny of their Ecclesiastical Incomes during three Years for the Re∣lief of the Holy Land, and to deposite those Summs into the Hands of those who shall be Commis∣sion'd by the Holy See to be Collectors of it: He excepts out of this several Monks, and those who shall go in Person to this Expedition: He engages himself and the Cardinals to pay the Tenth of their Revenues. He puts the Estates of those who are engag'd in the Crosaide, under the Protection of the Holy See, that so no Tax might be laid upon them. He would have the Interests of the Money which they ow'd during this Expedition to be remitted, and that the Jews be oblig'd to remit it to them. He Excommunicates those who shall assist or succour the Corsairs and Pirates, that take and Rob those who go to the Holy Land; those who shall supply the Saracens with Arms, or other War∣like Ammunitions, to be made use of against the Christians; all those who shall aid or give them a∣ny Assistance; those who shall carry any Ships into the East, during the four ensuing Years; and those who shall hold any Turnaments. He enjoins, That all the Christian Princes who are at War shall make Peace, or at least a Truce for four Years, and that they shall be constrain'd thereto by Excommunicating their Persons and Interdicting their States. Lastly, he grants to all who shall go to the Holy Land in their own Persons, and at their own Charges, a plenary Indulgence of all their Sins for which they shall have Contrition, and which they shall have Confess'd: And he promises them a more perfect Degree of Eternal Happiness than to others. He grants likewise a plenary Indul∣gence to all those that shall send Persons to it at their own Charges, or to those who shall go at the Charges of others, and grants a proportionable Part of this Indulgence to those that shall Contribute to the Relief of the Holy Land either by their Goods or their Advice. And Lastly, He declares, That the Universal Synod joins with him in his good Wishes, to all those who shall Contribute towards so Good a Work.

Historians tell us of several other Matters which were Regulated by this Council, or rather by the Pope. The Cause of the Empire was there Agitated between the Deputies of Otho and Frederick, and Adjudg'd in favour of the latter. Therein they likewise Treated of the Affair of the Counts of Toulouse and Foix, who requested to be re-settel'd in their Estates. The Brother of the Count of Montfort maintain'd that they ought not to be restor'd to them, and upon their Contest, it was Or∣der'd, That the City of Toulouse, and the other Countries which the Croisado Men had Conquer'd, should be given to the Count of Montfort. And with respect to the Demeans which the Count of Toulouse had in Provence, that they should be Sequestred to be Surrendred either in whole or in part to the Son of the Count of Toulouse, if he gave any signs of the sincerity of his Faith and of his good Life. This Decree is related by Father Luke Dachery in the Seventh Tome of his Spicilegium, by which it appears, that there was likewise reserv'd to Raimond Count of Toulouse a certain Annual Summ upon his Revenues, and his Wife the Sister of the King of Arragon had reserv'd to her the Lands which belong'd to her as her Dowry. The Pope Confirm'd the Sentence of Suspension pass'd by his Legates against Stephen Arch-Bishop of Canterbury, Charg'd with having held Intelligence with the Barons of England who would have Depos'd the King. Those Lords were Excommunicated. 'Tis said likewise said, that the Patriarch of the Maronitae, Re-united those of his Nation to the Church of Rome in this Council; that there they Debated the Question about the Primacy of Toledo: That the Pope did then Institute the Order of the Cross, and Approv'd of the Dominican and Franciscan Orders.

This Council which was so Numerous at first, broke up in less than a Month. The Prelates wea∣ry with staying at Rome, beg'd leave one after another to depart; and the Pope (if Matthew Paris may be believ'd) granted them leave, by obliging them before their Departure to take up great Summs from the Merchants of Rome to give him. The War between those of Pisa and the Genoese, and the Troubles of Italy, immediately oblig'd the Pope to put an end to the Council, and to quit his Care for the Affairs of the Church, to put in order those of Italy. Being set out from Rome on that Design he Dy'd at Perusa the 16th. of July 1216.

Notes

• * 1.1

  The IV. Gene∣neral Lateran Council held 1215.