Second Council of Lyon

 C O N S T I T U T I O N S

 I

 II

 1. On the supreme Trinity and the catholic faith {5}

 2. On election and the power of the elected person {6}

 15. On the circumstances of ordination and the quality of ordinands

 16. On bigamists

 17. On the office of ordinary judge

 19. On pleading

 21. On prebends and dignities

 22. On not alienating the property of the church

 23. On religious houses, that they are to be subject to the bishop

 24. On taxes and procurations

 25. On the immunity of churches

 26. On usury

 28. On wrongs and the loss caused

 29. On the sentence of excommunication

29. On the sentence of excommunication

29. {41} The constitution of Pope Innocent IV, our predecessor of happy memory, forbids that those who communicate with excommunicated persons in matters carrying only a minor excommunication should be bound, without first receiving canonical admonition, by a major excommunication; the sentence of excommunication thus promulgated does not bind. In order to remove any scruple of ambiguity, we declare that the admonition is canonical only if, after all other formalities have been duly observed, it names the persons admonished. We decree also that in the course of the admonitions required for the sentence to be promulgated canonically, the judges, whether they give three admonitions or one for all three, should observe fitting intervals of some days, unless the urgency of the situation counsels otherwise.

{42} 30. By the present general decree we declare that the benefit of provisional absolution does not in any way apply to cities, villages or any other places against which a general interdict has been promulgated.

31. {43} Whoever, from the fact that a sentence of excommunication, suspension or interdict has been promulgated against kings, princes, barons, nobles, bailiffs or their agents or anyone else, gives leave to someone to kill, capture or molest, in their persons or goods or in those of their relatives, those who have published such sentences, or on whose account the sentences were published, or who observe such sentences or refuse to communicate with those so excommunicated, unless they revoke in time such permission, automatically fall under sentence of excommunication. If property has been seized on the occasion of such permission, the same sentence is incurred unless the goods are returned within eight days or satisfaction is made for the loss. All who have dared to make use of the permission, or commit on their own initiative any of the above crimes for which we have forbidden permission to be given, are bound by the same sentence. Those who remain under this sentence of excommunication for two months cannot henceforth obtain absolution except through the apostolic see.

ENDNOTES {1} non-mitred ... other omitted in W {2} one from the realm of Scotland omitted in W {3} tow from the realm of Sicily ... Hungary omitted in o. {4} Furthermore ... by our authority omitted in O. {5} const. 29 in BN {6} To all who by God's mercy (by God's mercy omitted in V 8) will see this present letter ... (the names follow, for which see Actenstuecke zur Geschichte des deutschen Reiches ..., ed. F. Kaltenbrunner (Mitteilungen aus dem Vaticanischen Archive, I), Vienna 1869, no. 52; Kuttner, Conciliar Law ... , 62. The scrolls are signed by the bishops of the individual nations, namely Italy, France, Germany, Ireland and Britain, Spain and Portugal, Provence, and the East, and by the abbots and priors of religious orders.) greetings in the author of salvation (the same words in a different order in V 3, 5). By this writing we bear witness that we have seen and carefully examined the constitution of the most holy father (the most holy father omitted in V 1, 7-8), our lord the lord Gregory X by divine providence pope, of the following tenor V {7} const. 14 in BN {8} With the approval ... council omitted in V W {9} Furthermore ... fasting i.e. to the end of the constitution is omitted in V W, which have instead: On each and all of these points we reserve for us and our successors full freedom to declare (to change added in V 3, 5, 7-8), to add or to subtract, as will seem expedient for the common good. We therefore note the holy and pious intention of the same supreme pontiff, since in the said constitution he is concerned only with pleasing God and providing for the universal church. In it (In it omitted in V 1, 4, 6, 8) the supreme pontiff is not pursuing any private interest of his own, especially since the effect of the constitution extends to the time when he will no longer be among mortals. We also note how many dangers arose from the recent prolonged vacancy of the Roman church. For these reasons we accept, approve and expressly consent to the same constitution which obviates so many dangers. In testimony of which we set our seal to the present document. Continued in V 1-7: Given at Lyons on Friday {10} const. 2 in BN {11} const 3. in BN {12} const 4. in BN {13} on account ... see omitted in W {14} const 5. in BN {15} const. 6 in BN {16} const. 7 in BN {17} const. 8 in BN {18} const. 15 in BN {19} const. 18 in BN20 const. 21 in B {21} const. 10 in BN {22} const. 22 in BN {23} const. 16 in BN {24} const. 9 in BN {25} const. 17 in BN {26} const. 27 in BN {27} const. 26 in BN {28} const. 28 in BN {29} the institution ... council] which claim to have been founded before the said council W {30} const. 11 in BN {31} const. 23 in BN {32} const. 24 in BN {33} foreigners ... territories omitted in W {34} Nobody ... title omitted in W {35} In addition, sentence of excommunication is incurred by all who let houses to notorious usurers for usury or who allow houses to be granted under any other title W {36} const. 25 in BN {37} receiver ... pledge] ordinary himself W {38} confession or absolution or communion or added in W {39} Nobody ... void omitted in W {40} const. 19 in BN {41} const. 12 in BN {42} const. 13 in BN {43} const. 20 in BN