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

I

[1a]. Zeal for the faith, fervent devotion and compassionate love ought to rouse the hearts of the faithful, so that all who glory in the name of Christian grieved to the heart by the insult to their redeemer, should rise vigorously and openly in defence of the holy Land and support for God's cause. Who, filled with the light of the true faith and thinking over with filial affection the marvellous favours conferred on the human race by our saviour in the holy Land, would not burn with devotion and charity, and sorrow deeply with that holy Land, portion of the Lord's inheritance ? Whose heart will not soften with compassion for her, from so many proofs of love given in that land by our creator? Alas! the very land in which the Lord deigned to work our salvation and which, in order to redeem humanity by payment of his death, he has consecrated by his own blood, has been boldly attacked and occupied over a long period by the impious enemies of the christian name, the blasphemous and faithless Saracens. They not only rashly retain their conquest, but lay it waste without fear. They slaughter savagely the christian people there to the greater offence of the creator, to the outrage and sorrow of all who profess the catholic faith. "Where is the God of the Christians ?" is the Saracens ' constant reproach, as they taunt them. Such scandals, which neither mind can fully conceive nor tongue tell, inflamed our heart and roused our courage so that we who from experience overseas have not only heard of those events but have looked with our eyes and touched with our hands, might rise to avenge, as far as we can, the insult to the crucified one. Our help will come from those afire with zeal of faith and devotion. Because the liberation of the holy Land should concern all who profess the catholic faith, we convoked a council, so that after consultation with prelates, kings, princes and other prudent men, we might decide and ordain in Christ the means for liberating the holy Land. We also proposed to lead back the Greek peoples to the unity of the church; proudly striving to divide in some way the Lord's seamless tunic, they withdrew from devotion and obedience to the apostolic see. We purposed also a reform of morals, which have become corrupt owing to the sins of both clergy and people. In everything we have mentioned he to whom nothing is impossible will direct our acts and counsels; when he wills, he makes what is difficult easy, and levelling by his power the crooked ways, makes straight the rough going. Indeed, in order the more readily to effect our plans, having regard to the risks from wars and dangers of journeys for those whom we judged should be summoned to the council, we did not spare ourself and our brothers but rather sought hardships so that we might arrange rest for others. We came to the city of Lyons with our brothers and curia, believing that in this place those summoned to the council might meet with less exertion and expense. We came undertaking various dangers and troubles, running many risks, to where all those summoned to the council were assembled, either in person or through suitable representatives. We held frequent consultations with them about help for the holy Land, and they, zealous to avenge the insult to the Saviour, thought out the best ways to succour the said Land and gave, as was their duty, advice and insight. [ I b].

Having listened to their advice, we rightly commend their resolutions and praiseworthy enthusiasm for the liberation of that Land. Lest, however, we seem to lay on others' shoulders heavy burdens, hard to bear, which we are unwilling to move with our finger, we begin with ourself; declaring that we hold all we have from God's only-begotten Son, Jesus Christ, by whose gift we live, by whose favour we are sustained, by whose blood even we have been redeemed. We and our brothers, the cardinals of the holy Roman church, shall pay fully for six successive years a tenth of all our ecclesiastical revenues, fruits and incomes for the aid of the holy Land. With the approval of this sacred council, we decree and ordain that for the said six years, beginning from the next feast of the birthday of blessed John the Baptist, all ecclesiastical persons of whatever rank or pre-eminence, condition, order, or religious state or order-and we wish none to invoke for themselves and their churches any privileges or indults, in whatever form of words or expression these were granted, rather we recall completely those we have granted till now--shall pay wholly and without any reduction a tenth of all ecclesiastical revenues, fruits and incomes of each year in the following way: that is, half on the feast of the Lord's birth and the other half on the feast of blessed John the Baptist. In order to observe more carefully the reverence due to him whose undertaking this is, in himself and in his saints and especially in the glorious Virgin whose intercession we ask in this and in our other needs, and in order that there may be a fuller subsidy for the holy Land, we order that the constitution of Pope Gregory our predecessor of happy memory against blasphemers be inviolably observed. The fines prescribed in this constitution are to be exacted in full through the authorities of the place where blasphemy is committed, and through others who exercise temporal jurisdiction there. Coercive measures, if necessary, are to be taken through diocesan and other local ordinaries. The money is to be assigned to the collectors for the subsidy. Moreover, we strictly command confessors who hear confessions by ordinary jurisdiction or by privilege to prompt and enjoin on their penitents to give the said money to the holy Land in full satisfaction for their sins; and they should persuade those making wills to leave, in proportion to their means, some of their goods for aid to the holy Land. We direct also that in each church there should be placed a box fitted with three keys, the first to be kept in the possession of the bishop, the second in that of the priest of the church, the third in that of some conscientious lay person. The faithful are to be instructed to place their alms, as the Lord inspires them, in this box for the remission of their sins. Mass is to be sung publicly in the churches once a week, on a certain day to be announced by the priest, for the remission of such sins and especially of those offering alms. Besides these measures, to provide more assistance for the holy Land, we exhort and urge kings and princes, marquises, counts and barons, magistrates, governors and other secular leaders to arrange that in the lands subject to their jurisdiction each of the faithful pays a coin to the value of a tournois or of one sterling in accordance with the customs or circumstances of the region, and they should order a further small tax of no burden to anyone for the remission of sins; these contributions are to be made each year in aid of the holy Land, so that just as nobody may excuse himself from compassion for the wretched state of the holy Land, nobody may be dismissed from contributing or shut out from meriting. Also, lest these prudent arrangements concerning the subsidy to the holy Land be hindered by anyone's fraud or malice or craft, we excommunicate and anathematise one and all who knowingly offer hindrance, directly or indirectly, publicly or secretly, to the payment, as described above, of the tithes in aid of the holy Land.

Furthermore, since corsairs and pirates greatly impede those travelling to and from that Land, by capturing and plundering them, we bind with the bond of excommunication them and their principal helpers and supporters. We forbid anyone, under threat of anathema, knowingly to communicate with them by contracting to buy or sell. We also order rulers of cities and their territories to restrain and curb such persons from this iniquity; otherwise it is our wish that prelates of churches exercise ecclesiastical severity in their land. We excommunicate and anathematise, moreover, those false and impious Christians who, in opposition to Christ and the christian people, convey to the Saracens arms and iron, which they use to attack Christians and timber for their galleys and other ships; and we decree that those who sell them galleys or ships, and those who act as pilots in pirate Saracen ships, or give them any help or advice by way of machines or anything else to the detriment of Christians and especially of the holy Land, are to be punished with deprivation of their possessions and are to become the slaves of those who capture them. We order this sentence to be renewed publicly on Sundays and feast-days in all maritime towns; and the bosom of the church is not to be opened to such persons unless they send in aid of the holy Land all that they received from this damnable commerce and the same amount of their own, so that they are punished in proportion to their sins. If perchance they do not pay, they are to be punished in other ways in order that through their punishment others may be deterred from venturing upon similar rash actions. In addition, we prohibit and on pain of anathema forbid all Christians, for six years, to send or take their ships across to the lands of the Saracens who dwell in the east, so that by this a greater supply of shipping may be made ready for those wanting to cross over to help the holy Land, and so that the aforesaid Saracens may be deprived of the considerable help which they have been accustomed to receiving from this. Because it is of the utmost necessity for the carrying out of this business that rulers and christian peoples keep peace with each other, we therefore ordain, with the approval of this holy and general synod, that peace be generally kept in the whole world among Christians, so that those in conflict shall be led by the prelates of churches to observe inviolably for six years a definitive agreement or peace or a firm truce. Those who refuse to comply shall be most strictly compelled to do so by a sentence of excommunication against their persons and an interdict on their lands, unless the malice of the wrongdoers is so great that they ought not to enjoy peace. If it happens that they make light of the church's censure, they may deservedly fear that the secular power will be invoked by ecclesiastical authority against them as disturbers of the business of him who was crucified. We therefore, trusting in the mercy of almighty God and in the authority of the blessed apostles Peter and Paul, do grant, by the power of binding and loosing that God has conferred upon us, albeit unworthy, unto all those who undertake this work of crossing the sea to aid the holy Land, in person and at their own expense, full pardon for their sins about which they are truly and heartily contrite and have spoken in confession, and we promise them an increase of eternal life at the recompensing of the just. To those who do not go there in person but send suitable men at their own expense, according to their means and status, and likewise to those who go in person but at others' expense, we grant full pardon for their sins. We wish to grant to share in this remission, according to the nature of their help and the intensity of their devotion, all who shall contribute suitably from their goods to the aid of the said Land, or who give useful advice and help regarding the above, and all who make available their own ships for the help of the holy Land or who undertake to build ships for this purpose. Finally, this dutiful and holy general synod imparts the benefit of its prayers and blessings to all who piously set out on this enterprise in order that it may contribute to their salvation. ' [Id].

Not to us but to the Lord we give glory and honour; let us also thank him that to so sacred a council a very great number of patriarchs, primates, archbishops, bishops, abbots, priors provosts, deans, archdeacons and other prelates of churches, both personally and by suitable procurators, and the procurators of chapters, colleges and convents, have assembled at our call. However, although for the happy pursuit of so great an enterprise their advice would be useful, and their presence as beloved sons is so delightful, filling us in a certain way with spiritual joy, there are difficulties for some as to staying on. Various inconveniences result from their great number; we do not wish them to suffer any longer the squeezing of the enormous crowd; and their absence may be harmful to them and their churches. A certain prudent love moves us to decide with our brothers' advice how to lighten the burden of these representatives, while pursuing our object no less ardently or zealously. We therefore have decided that all patriarchs, primates, archbishops, bishops, abbots and priors whom we summoned specially and by name are to remain, they are not to depart without our special leave before the council ends. The other non-mitred abbots and priors and the other {1} abbots and priors, who were not summoned by us specially and by name, and the provosts, deans, archdeacons and other prelates of churches, and the procurators of any prelates, chapters, colleges and convents, have our gracious leave to depart with the blessing of God and our own. We commission all who so depart to leave enough procurators, as described below, to receive our commands and both the decrees of our present council and any other decrees that may, with God's inspiration, be issued in the future. Thus, all so departing are to leave behind the following adequate number of procurators: namely, four from the realm of France, four from the realm of Germany, four from the realms of the Spains, four from the realm of England one from the realm of Scotland {2} , two from the realm of Sicily, two from Lombardy, one from Tuscany, one from the states of the church, one from the realm of Norway, one from the realm of Sweden, one from the realm of Hungary {3} , one from the realm of Dacia, one from the realm of Bohemia, one from the duchy of Poland. Furthermore {4} , it has come to our ears that some archbishops, bishops and other prelates, when they were summoned by us to the council, asked an excessive contribution from their subjects and committed great extortion, imposing heavy taxes on them. Some of these prelates, although they made great exactions, did not come to the council. Since it neither was nor is our intention that prelates in coming to the council should associate the virtue of obedience with the oppression of their subjects, we admonish prelates one and all with great firmness, that none may presume to use the council as a pretext for burdening his subjects with taxes or exactions. If in fact some prelates have not come to the council and have made demands on the pretext of coming, it is our will and precise command that they make restitution without delay. Those however who have oppressed their subjects, demanding excessive contributions, should take care to make amends to them without creating difficulties, and so fulfil our commands that we do not have to apply a remedy by our authority.