CANONS

1. Following the examples of the holy fathers and renewing them as we are bound by our office, by the authority of the apostolic see we altogether forbid anyone to be ordained or promoted in the church of God for money. If anyone indeed should have been ordained or promoted in the church in such a fashion, let him be utterly deprived of the office acquired. {15 }

2. {16 } We absolutely forbid those excommunicated by their own bishops to be received into communion by other bishops, abbots and clergy {17 }

3. {18 } No one may consecrate as a bishop someone who is not canonically elected. If anyone should presume to do this, let both consecrator and consecrated be deposed {19 } beyond hope of restoration.

4 {20 } Absolutely no archdeacon, archpriest {21 } , provost or dean {22 } may grant to anyone the care of souls or prebends in a church without the decision or consent of the bishop. Rather, as it is constituted by the holy canons, let the care of souls and the dispensing of ecclesiastical affairs remain in the decision and power of the bishop. Indeed, if anyone presumes to do something against this, or to claim for himself the power which pertains to the bishop, let him be banished from the bounds of the church

5. {23 } The ordinations made by the heresiarch Burdinus {24 }, after he was condemned by the Roman church, and whatever was afterwards done by pseudo-bishops ordained by him, we judge to be null and void.

6. {25 } No one except a priest {26 } may be ordained to the office of provost, archpriest or dean; no one except a deacon may be ordained to the office of archdeacon. {27 } {28 }

7. {29 } We absolutely forbid priests, deacons or subdeacons to live with concubines and wives, and to cohabit with other women, except those whom the council of Nicaea permitted to dwell with them solely on account of necessity, namely a mother, sister, paternal or maternal aunt, or other such persons, about whom no suspicion could justly arise

8. {30 } We further resolve, in accordance with the statute of the most blessed pope Stephen , that lay persons, however religious they may be, have no power to dispose of any ecclesiastical business; but following the apostolic canons, let the bishop have the care of all ecclesiastical matters, and let him manage them as in the sight of God. Therefore {31 } if any prince or other lay person should arrogate to himself the disposition or donation {32 } of ecclesiastical things or possessions, let him be regarded as sacrilegious.

9. {33 } We prohibit unions between blood relatives, because both the divine and secular laws prohibit them. For, the divine laws not only cast out those doing this and their progeny but also call them accursed; the secular laws call such people disreputable and deprive them of inheritance. We, therefore, following our fathers, mark them with infamy and judge them to be infamous.

[crusades]

10. {34 } To those who set out for Jerusalem and offer effective help towards the defence of the christian people and overcoming the tyranny of the infidels, we grant the remission of their sins, and we place their houses and families and all their goods under the protection of blessed Peter and the Roman church, just as has been decreed by our lord pope Urban . Whoever dares to distrain or carry off their houses, families and goods, while they are on their way, shall be punished with excommunication. {35 } Those who have put crosses on their clothes, with a view to journeying to Jerusalem or to Spain, and have later taken them off, we command by our apostolic authority to wear the crosses again and to complete the journey between this Easter and the following Easter. Otherwise, from that moment we cut them off from entry into church and forbid divine services in all their lands, apart from the baptism of infants and confessions for the dying.

11. {36 } With the advice of our brothers and of the whole curia, and also with the wish and consent of the prefect, we order the abolition of that immoral practice hitherto obtaining with respect to the dead Porticani, so that the goods of Porticani dwellers dying without heirs are not to be dispersed against the wishes of those dying. This, however, is to the extent that the Porticani remain obedient and faithful to the Roman church and to us and our successors. {37 }

12. {38 } In accordance with the canons of the holy fathers, we absolutely forbid and prohibit the laity, under the penalty of anathema, to remove the offerings from the most sacred and revered altars of blessed Peter and of the Saviour and of St Mary Rotunda and of St Nicholas of Bari, of St Giles {39 } , or from the altars or crosses of all the other churches. By {40 } apostolic authority we forbid the fortification or taking hold of churches by {41 } lay persons {42 } . {43 }

13. {44 } Whoever knowingly makes or intentionally spends counterfeit money shall be separated from the communion of the faithful as one accursed, an oppressor of the poor and a disturber of the state.

14. {45 } If anyone tries to attack pilgrims to Rome and foreigners {46 } visiting the shrines of the apostles and the oratories of other saints, or to rob them of the things they bring, or to trouble merchants {47 } with new exactions of tolls and fees, let him be deprived of christian communion until he makes reparation.

15. {48 } We confirm, with the authority of the holy Spirit, whatever has been determined by the Roman pontiffs our predecessors concerning the peace and truce of God or arson or the public highways.

Msi (as canon 14) and B (as canon 13) have a different text namely

If anyone should violate a truce, he is to be admonished up to three times by the bishop to make reparation. If he acts in contempt of the third admonition to make reparation, the bishop, either with the counsel of the metropolitan {49 } or with two or one of the neighbouring bishops, shall declare the sentence of anathema on the rebel, and denounce him in writing to the bishops all around

16. {50 } Following in the footsteps of the holy fathers, we order by general decree, that monks be subject to their own bishops {51 } with all humility, and show due obedience and devoted submission to them in all things, as if to masters and shepherds of the church of God. They may not celebrate masses in public anywhere. Moreover, let them completely abstain from public visitations of the sick, from anointings and even from hearing confessions, for these things in no way pertain to their calling. Indeed, in the churches where their ministry is recognized, they may only have priests who were ordained by their own bishop, to whom they will answer for the care of souls which they have assumed.

In Pertz there is only "We absolutely forbid anointings and visits to the sick and public masses by monks" and then : "The examples of Leo to Dioscorus, that on the day of the resurrection there may be a levitical and a sacerdotal ordination, ch 19. That on Sunday mnorning, continuing the fast of Saturday, there can be an ordination, ch 20".

Msi (as canon 18) and B (as canon 17) have a different text, namely :

We forbid abbots and monks to give public penances, to visit the sick, to perform anointings and to chant public masses. They shall receive chrism, holy oil, consecrations of altars and ordinations of clerics from the bishops in whose dioceses they reside.

17. {52 } In our desire to preserve in peace, by the grace of God, the possessions of the holy Roman church, we strictly forbid, under pain of anathema, any military {53 } person to presume to seize or hold by force Benevento, the city of blessed Peter. If anyone should dare otherwise, he shall be bound by the chain of anathema.

The remaining canons are missing in alpha, and Msi has canons 18-19 together with canon 16. The first part of this canon (Priests ... pertain to the bishop) may belong to canon 16 (B).

18. Priests are to be appointed to parish churches by the bishops, to whom they shall answer for the care of souls and for those matters which pertain to the bishop. They may not receive tithes or churches from lay persons without the consent and wish of the bishops; and if they presume to do otherwise, they shall be subject to the canonical penalty. {54 }

19. We allow the service which monasteries and their churches have paid from the time of {55 } pope Gregory VII until now. We altogether forbid abbots and monks to have the possessions of churches and bishops by a thirty {56 } years provision. {57 }

20. Having in mind the examples in the traditions of the fathers, and discharging the duty of our pastoral office, we decree that churches and what belongs to them, both persons and possessions, namely clerics, monks and their lay brothers, as well as those who come to pray and what they bring with them, are to be under protection and not be harmed. If anyone dares to act contrary to this and after recognizing his villainy, has not properly made amends within the space of thirty days, let him be banished from the bounds of the church and be smitten with the sword of anathema .

21. We absolutely forbid priests, deacons, subdeacons and monks to have concubines or to contract marriages. We adjudge, as the sacred canons have laid down, that marriage contracts between such persons should be made void and the persons ought to undergo penance.

22. We condemn the alienations which have been made everywhere, especially by Otto {58 } , Jeremias, and perhaps Philip {59 } , of the property of the exarchate of Ravenna. Moreover, we declare in general to be invalid the alienations made in whatever fashion by all persons, whether they were intruded or were canonically elected in the name of a bishop or an abbot, who should be consecrated in accordance with the usage of his own church, and the ordinations conferred by them without the consent of the clergy of the church or through simony. We also forbid absolutely that any cleric should presume to alienate in any way his prebend or any ecclesiastical benefice. Any such action in the past or the future shall be invalid and subject to canonical penalty."

FOOTNOTES 1 There are no surviving acts of the council. On the number of fathers, see K.J. Hefele, Histoire des conciles d'apres les documents originaux, trans. and continued by H. Leclerq, 11 vols. 1907-1952., 5/1, 631 n. 2; and also Simeon of Durham Opera Omnia ..., II ed. T. Arnold (Rolls series 75), London 1885, 272; Annali genovesi di Caffaro ..., ed. L. Belgrano (Fonti per las storia d'Italia 11), I Rome-Genoa 1890, 19 2 See Gerhoh of Reichersberg, Libellus de ordine donorum sancti Spiritus, ed. E. Sackur, in Monumenta Germaniae Historica, Hannover and Berlin 1826-, Libelli, III Hanover 1897, 280; see also Hefele 5/1, 631 3 See also canon 10 on the recovery of the holy Land, and canons 14-15 on peace among Christians. 4 C. Baronius (continued by O. Raynaldi), Anales ecclesiastici, ed. J. D. Mansi, 38 vols. Lucca 1728-1759) 5 Ton hagion iokoumenikon synodon tes katholikes ekklesias apanta. Concilia generalia Ecclesiae catholicae [Editio Romana], 4 vols. Rome 1608-1612. 6 S. Binius, Concilia generalia et provincialia ..., 5 vols. Cologne 1609; 9 vols. ibid [ed. 2] . 1618; 11 vols. Paris[ed. 3] 1636. 7 Conciliorum omnium generalium et provincialium collectio [Editio Regia], 37 vols. Paris 1644. 8 P. Labbe and G. Cossart, Sacrosancta concilia ad regiam editionem exacta quae nunc quarta parte prodit auctior studio Philippi Labbei et Gabrielis Cossartii ..., 17 vols. Paris 1671-1672 9 J. Hardouin, Conciliorum collectio regia maxima ad p. Philippi Labbei et p. Gabrielis Cossartii e Societate Jesu labores haud modica accessione facta et emendationibus pluribus additis ..., 12 vols. Paris 1714-1715 10 N. Coleti, Sacrosancta concilia ad regiam editionem exacta quae olim quarta parte prodiit ... longe locupletior et emendatior exhibeture ..., 23 vols. Venice 1728-1733 11 J. D. Mansi (continued by J.B. Martin and L. Petit), Sacrorum conciliorum nova et amplissima collectio ..., 53 vols. Florence, Venice, Paris and Leipzig 1759-1927 12 in Monumenta Germaniae Historica, Hannover and Berlin 1826-, 13 See Simeon and Durham., Opera Omnia ..., II 270-272 14 We have not seen Olmutz Chapter Codex 205; see Pertz, Archiv 10 (1849) 682. 15 Council of Toulouse (1119), canon 1 (Msi 21, 226); ch. 10 C. I q. 1 (Fr 1, 360); see Schroeder 179 n. 4 16 Canon 3 in Msi, 9 in B 17 See council of Melfi (1089), canon 15 (Msi 20, 724) 18 Canon 2 in Msi, 10 in B 19 condemned Pertz 20 Canon 5 in Msi, 7 in B 21 priest Msi 22 deacon Msi 23 Canon 9 in Msi, 6 in B 24 Maurice Burdinus, antipope Gregory VIII (1118-1121) 25 Canon 4 in Msi, 2 in B 26 or a deacon added in alpha except S 27 Council of Toulouse (119), canon 2 (Msi 21, 226); 28 no one ... deacon omitted in Pertz 29 Canon 3 in B 30 Canon 6 in Msi, 4 in B 31 included in canon 9 in Pertz 32 domination in Pertz and variant reading in B 33 Canon 8 in Msi, 5 in B 34 Canon 12 in Msi, 12 in B 35 included in canon 13 in Msi, Pertz 36 Omitted in R S BdM; canon 12 in B, 14 in Pertz 37 This, however ... our successors omitted in Baronius 38 Omitted in S; Canon 11 in BdM, 14 in B, 15 in Msi vol 1 39 and of St Nicholas ... St Giles omitted in Msi 1 B. 40 included in canon 12 in B 41 omitted in B 42 omitted in B 43 by ... persons omitted in E. Martene and U. Durand, Thesaurus novus anecdotorum seu collectio monumentorum ..., 5 vols. Paris 1717. 44 Canon 16 in Msi, 15 in B 45 Canon 17 in Msi, 16 in B 46 or merchants added in R, BdM 47 omitted in R, BdM, B (in B as variant reading) 48 Omitted in S, Pertz 49 with ...metropolitan] the metropolitan Br and variant reading in B 50 Omitted in S; 51 omitted in R 52 Omitted in S; Canon 10 in Msi, 11 in Pertz, 8 in B 53 omitted in Baronius and variant reading in B 54 and if ... penalty omitted in Msi; see canon 19 55 holy (?saint) added in Msi 56 3 years Msi 57 But if they presume to do otherwise they shall be subject to canonical penalty added in Msi 58 Atto variant reading in B 59 dissident archbishops of the church of Ravenna in 12th century