[Bull on reform of the curia] Fifth

Lateran Council 1512-17 A.D.

Leo, bishop, servant of the servants of God, with the approval of the sacred council, for
an everlasting record. It is eminently fitting for the Roman pontiff to carry out the duty of
a provident shepherd, in order to care for and keep safe the Lord's flock entrusted to him
by God, since, by the will of the supreme ordinance by which the things of heaven and of
earth are arranged by ineffable providence, he acts on the lofty throne of St Peter as vicar
on earth of Christ, the only-begotten Son of God. When we notice, out of solicitude for
our said pastoral office, that church discipline and the pattern of a sound and
upright life are worsening, disappearing and going further astray from the right
path throughout almost all the ranks of Christ's faithful, with a disregard for law
and with exemption from punishment, as a result of the troubles of the times and
the malice of human beings, it must be feared that, unless checked by a well-guided
improvement, there will be a daily falling into a variety of faults under the security
of sin and soon, with the appearance of public scandals, a complete breakdown. We
desire, then, as far as it is permitted to us from on high, to check the evils from
becoming too strong, to restore a great many things to their earlier observance of
the sacred canons, to create with God's help an improvement in keeping with the
established practice of the holy fathers, and to give -- with the approval of the sacred
Lateran council initiated for that reason, among others, by our predecessor of happy
memory, pope Julius II, and continued by us -healthy guidance to all these matters.

In order to make a start, we take up the points which for the present seem more
appropriate and which, having often been neglected during particular generations, have
brought great loss to the christian religion and produced very great scandals in the church
of God. We have therefore decided to begin with preferment to ecclesiastical dignities.
Our predecessor of devout memory, pope Alexander III, also in a Lateran council,
decreed that age, a serious character and knowledge of letters are to be carefully
examined in the preferment of individuals to bishoprics and abbacies. Moreover, nothing
impedes the church of God more than when unworthy prelates are accepted for the
government of churches. Therefore, in the preferment of prelates, the Roman pontiffs
must give much attention to the matter, especially because they will have to give an
account to God at the last judgment about those given preferment by them to
churches and monasteries. Consequently, we rule and establish that henceforward, in
accordance with the constitution of the aforesaid Alexander III, for vacant churches and
monasteries of patriarchal, metropolitan and cathedral status, the person provided is to be
of mature age, learning and serious character, as said above, and the provision is not to
be made at someone's urging, by means of recommendation, direction or
enforcement, or in any other way, unless it has seemed right to act differently on the
grounds of advantage to the churches, prudence, nobility, uprightness, experience,
lengthy contact with the curia (together with adequate learning), or service to the
apostolic see. We wish the same to be observed regarding the persons elected and chosen
in elections and choices that have customarily been admitted by the apostolic see. But if
the question arises of providing for churches and monasteries of this kind with persons of
less than thirty years of age, there can be no dispensation for them to be in charge of
churches before their twenty-seventh year of age or of monasteries before their
twenty-second year.

Indeed, so that suitable persons may be advanced with greater exactness and care, we rule
that the cardinal to whom the reporting on an election, appointment or provision to a
church or monastery has been entrusted, ought, before he gives an account in the sacred
consistory (as the custom is) of his carrying out of such an examination or report assigned
to him, to make his report known to one of the older cardinals of each grade, personally
in the actual consistory, or, if there was no consistory on the day appointed for him to
give his account, then by means of his secretary or some other member of his personal
staff, and the three older cardinals in question are bound to communicate the report as
soon as possible to the other cardinals of their grade. The said cardinal making the report
shall personally examine the business of the election, administration, appointment or
promotion in summary and extra-judicial fashion. If any have spoken against it, he is
obliged to call, after the objectors have been summoned, competent, responsible and
trustworthy witnesses and, if it should be necessary or appropriate, others by virtue of
office. He is bound to bring with him to the consistory, on the day the report has to be
made, the stages and decisions of the report together with the statements of the witnesses,
and he shall not give his report in any form until the person to be promoted, if he is at the
curia, shall have first visited the majority of the cardinals in order that they may be able
to learn at first hand, insofar as it is relevant to his character, what they shall soon learn
from the report of their colleague. Moreover, the person promoted is obliged, by
longstanding practice and laudable custom, to visit as soon as possible the same cardinals
who are then in the curia. This practice and praiseworthy custom, indeed, we renew and
command to be kept without change.

Since it is right to maintain episcopal dignity unharmed, and for it to be protected from
indiscriminate exposure to the attacks of wicked persons and to the false charges of
accusers, we decree that no bishop or abbot may be deprived of his rank when anyone
urges a charge or presses demands (unless the opportunity for a legitimate defence is
afforded to him), even if the charges have been widely known and, after the parties have
been attentively heard, the case has been fully proved; nor may any prelate be transferred
against his will, except for other just and efficacious reasons and causes, in accordance
with the terms and decree of the council of Constance.

Also, as a result of commendams for monasteries, the monasteries themselves (as

experience, a practical mistress, has quite often taught) are seriously damaged in spiritual
and temporal matters because their buildings fall into decay, partly through the
negligence of the commendatories and partly through greed or lack of interest, divine
worship is gradually reduced, and matter for contempt is generally offered especially to
secular persons, not without a lessening of the standing of the apostolic see, from which
commendams of this kind originate. In order that sounder measures may be taken to
secure these monasteries from damage, we will and decree that when vacancies occur
through the death of the abbot in charge, they cannot be given in commendam to anyone
by any agreement unless it seems right to us to decide otherwise, in accordance with the
actual circumstances and with the advice of our brothers, so as to protect the authority of
the apostolic see and to oppose the evil designs of those attacking it .

But let such monasteries be provided with competent persons, in keeping with the above-
mentioned constitution, so that suitable abbots will have charge of them (as is fitting).
Such monasteries may be given in commendam, when the original commendam no
longer exists on account of the resignation or death of the commendatory, only to
cardinals and to qualified and well-deserving persons; and in such a way that the
commendatories of the monasteries, whatever their dignity, honour and high rank may
be, even if they enjoy the status and dignity of a cardinal, are obliged, if they have meals
in private, apart from the common table, to assign a quarter of their board for the renewal
of the fabric, or for the purchase or repair of furnishings, clothings and adornment, or for
the maintenance or sustenance of the poor, as the greater need demands or suggests . If,
however, they share board completely, a third part of all the resources of the said
monastery committed to the commendatory must be assigned, after all other imposts have
been deducted, to the above-mentioned burdens and to the sustenance of the monks.
Moreover, letters which are drawn up regarding such commendams to monasteries ought
to contain a clause specifically stating this. If they are drawn up in some other form, they
are of no worth or value .

Since it is fitting for such churches to be provided for without any loss of revenues,
in such a way that both the honour of those in charge and the need of the churches and
buildings are considered, we decree and rule that pensions may never be reserved
from the incomes of these churches except on account of a resignation or for some
other reason which has been considered credible and honourable in our secret consistory.
We also rule that henceforth parochial churches, major and principal dignities and other
ecclesiastical benefices whose rents, revenues and produce by ordinary reckoning do not
amount to an annual value of two hundred golden ducats of the treasury, and also
hospitals, leperhouses and hostels of any importance which have been set up for the use
and provisioning of the poor, shall not be given in commendam to cardinals of the holy
Roman church, or conferred on them by any other title, unless they have become vacant
by the death of a member of their household. In the latter case they can be given in
commendam to cardinals, but these are bound to dispose of them within six months for
the benefit of such persons as are suitable and in good relations with them. We do not
wish, however, to prejudge the cardinals further with respect to benefices to which they
may have a reserve claim .

We also ordain that members of churches, monasteries or military orders may not be
detached or separated from their head -- which is absurd -- without legitimate and
reasonable cause. Perpetual unions, apart from cases permitted by law or on some
reasonable grounds, are not permitted at all. Dispensations for more than two
incompatible benefices are not to be granted, except for great and pressing reasons or to
qualified persons according to the form of common law . We set a limit of two years on
persons of whatever rank who obtain more than four parish churches and their perpetual
vicarages, or major and principal dignities, even if by way of union or commendam for
life. They are bound to release the rest, only four being retained in the meantime. Such
benefices, due for release, can be resigned into the hands of the ordinaries so that they
may be provided with persons nominated by them; notwithstanding any reservations,
even those of a general nature or resulting from the quality of the persons resigning. Once
the period of two years is past, all the benefices that have not been disposed of may be
reckoned as vacant and may freely be applied for as vacant. Those who hold on to them
incur the penalties of the constitution Execrabilis of our memorable predecessor, pope
John XXII. We also rule that special reservations of any benefice are in no way to be
granted at the urging of anyone .

On cardinals

Since the cardinals of the holy Roman church take precedence in honour and dignity over
all the other members of the church after the sovereign pontiff, it is proper and right
that they be distinguished beyond all others by the purity of their life and the
excellence of their virtues. On that account, we not only exhort and advise them but
also decree and order that henceforth each of the cardinals following the teaching of
the Apostle, so live a sober, chaste and godly life that he shines out before people as
one who abstains not merely from evil but from every appearance of evil. In the first
place, let him honour God by his works. Let all of them be vigilant, constant at the divine
office and the celebration of masses, and maintain their chapels in a worthy place, as they
were wont to do.

Their house and establishment, table and furniture, should not attract blame by
display or splendour or superfluous equipment or in any other way, so as to avoid
any fostering of sin or excess, but, as is right, let them deserve to be called mirrors of
moderation and frugality. Therefore, let them find satisfaction in what contributes to
priestly modesty; let them act with kindness and respect both in public and in private,
towards prelates and other distinguished persons who come to the Roman curia; and let
them undertake with grace and generosity the business committed to them by ourself and
our successors .

Moreover, let them not employ bishops or prelates in demeaning tasks in their houses, so
that those who have been appointed to give direction to others and who have been clad in
a sacred character, will not lower themselves to menial chores and generally bring about
a lack of respect for the pastoral office. Consequently, let them treat with honour as
brothers, and as befits their state of life, those whom they have or will have in their
houses. Since the cardinals assist the Roman pontiff, the common father of all Christians,
it is very improper for them to be patrons of or special pleaders for individuals. We have
therefore decided, lest they adopt partiality of any kind, that they are not to set up as
promoters or defenders of princes or communities or of any other persons against anyone,
except to the extent that justice and equity demands and the dignity and rank of such
people requires. Rather, separated from all private interest, let them be available and
engage with all diligence in calming and settling any disputes. Let them promote with
due piety the maintenance of the just business of princes and all other persons, especially
the poor and religious, and let them offer help in accordance with their resources and
their official responsibility to those who are oppressed and unjustly burdened .

They are to visit at least once a year -- in person if they have been present in the curia,
and by a suitable deputy if they have been absent -- the places of their titular basilica.
They are, with due care, to keep themselves informed about the clergy and people of the
churches subject to their basilica; they are to keep under review the divine worship
and the properties of the said churches; above all, let them examine with care the
lives of the clergy and their parishioners, and with a father's affection encourage
one and all to live an upright and honourable life. For the development of divine
worship and the salvation of his own soul, each cardinal should give to his basilica during
his lifetime, or bequeath at the time of his death, a sufficient amount for the suitable
sustenance there of one priest; or, if the basilica needs repairs or some other form of aid,
let him leave or donate as much as he may in conscience decide. It is entirely unfitting
to pass over persons related to them by blood or by marriage, especially if they are
deserving and need help. To come to their assistance is just and praiseworthy. But
we do not consider that it is appropriate to heap on them a great number of
benefices or church revenues, with the result that an uncontrolled generosity in
these matters may bring wrong to others and may cause scandal. Consequently we
have determined that they are not to squander thoughtlessly the goods of the churches,
but are to apply them in works of devotion and piety, for which great and rich returns
have been assigned and ordained by the holy fathers.

It is also our wish that they take care, without making any excuse, of the churches
entrusted to them in commendam, whether these be cathedrals, abbeys, priories, or any
other ecclesiastical benefices that they take measures, with all personal effect, to see that
the cathedrals are duly served by the appointment of worthy and competent vicars or
suffragans, according to what has been customary, with an appropriate and adequate
salary; and that they provide for the other churches and monasteries held by them in
commendam with the right number of clerics or chaplains, whether religious or monks,
for the adequate and praiseworthy service of God. Let them also maintain in proper
condition the buildings, properties and rights of any kind, and repair what has crumbled,
in accordance with the duty of good prelates and commendatories . We also judge that the
said cardinals are to use great discretion and careful foresight with regard to the number
of their personal attendants and horses lest by having a greater number than their
resources, situation and dignity permit, they can be accused of the vice of over-display
and extravagance. Let them not be accounted greedy and squalid on the grounds that
they enjoy great and plentiful revenues and yet offer sustenance to very few; for the
house of a cardinal ought to be an open lodging, a harbour and refuge for upright
and learned persons, especially men, for nobles who are now poor and for
honourable persons. Hence let them be prudent about the manner and quantity of what
has to be kept, and carefully check the character of their personal attendants, lest
they themselves incur from the vices of others the shameful stain of dishonour and
provide real opportunities for contradictions and false accusations.
Since very special provision must be made that our deeds be approved not only before
God, whom we ought to please in the first place, but also before people so that we can
offer to others an example to be imitated, we ordain that every cardinal show himself an
excellent ruler and overseer of his house and personal staff, with regard to both what is
open for all to see and what lies hidden within. Therefore let each of them have the
priests and deacons clad in respectable garments, and make careful provision that
no one in his household who holds a benefice of any type, or is in holy orders, wears
multi-coloured clothes or a garment that has little connection with ecclesiastical
status. Those in the priesthood, therefore, ought to wear clothes of colours which are
not forbidden to clerics by law and are of at least ankle length. Those who hold high
office in cathedrals, canons of the said cathedrals those holding the chief posts in
colleges, and chaplains of cardinals when celebrating masses, are obliged to wear a head-
covering in public. Shield-bearers are permitted garments somewhat shorter than ankle-
length. Grooms, because they are generally moving about and perform a somewhat
burdensome service, can use shorter and more suitable garments, even if they happen to
be clerics, so long as they are not ordained priests; but in such a way that they do not
cast aside decency and they so conduct themselves that their behaviour is in keeping
with their position in the church. Other clerics are to do everything with due proportion
and restraint. Both clerics holding benefices and those in holy orders are not to pay
special attention to their hair and beards, nor to possess mules or horses with trappings
and ornaments of velvet or silk, but for articles of this kind let them use ordinary cloth or
leather.

If anyone of the aforesaid staff acts otherwise, or wears such forbidden garments
after three months from the announcement of the present regulations, despite being
given a legitimate warning, he incurs excommunication. If he has not corrected
himself within a further three months, he is understood to be suspended from
receiving the fruits of the benefices which he holds. And if he remains fixed in this
obstinacy for another six months, after a similar legal warning, he is to be deprived
of all the benefices which he holds, and he is to be considered as so deprived. The
benefices thus made vacant may be freely sought from the apostolic see. We wish each
and every one of these arrangements to apply to the households of ourself and any future
Roman pontiffs, and likewise to all other beneficed clerics or persons in holy orders, even
those in the curia. There is one single exception: the said attendants of ourself and
future Roman pontiffs may wear red garments, in keeping with what is proper and
usual for the papal dignity.

Since the care of the most important business is the special concern of cardinals, it is for
them to use their ability to know which regions have been infected by heresies,
errors and superstitions opposed to the true orthodox faith; where the ecclesiastical
discipline of the Lord's commandments is lacking; and which kings and princes or
peoples are being troubled, or fear to be troubled, by wars. Cardinals shall apply
themselves to obtain information on these and similar matters and make a report to us or
the current Roman pontiff so that, by earnest effort, opportune and saving remedies for
such evils and afflictions can be thought out. Since by frequent, almost daily, experience
it is known that many evils quite often occur to provinces and cities on account of the
absence of their own officially appointed legates, and various scandals are springing up
which are not without disadvantages to the apostolic see, we decree and ordain that
cardinals who are in charge of provinces or cities, under the title of legates, may not
administer them through lieutenants or officials, but they are obliged to be present in
person for the greater part of the time, and to rule and govern them with all vigilance.
Those who now hold the title of legate, or will hold it for a time, are obliged to go to their
provinces -- within three months from the date of the present proclamation if the
provinces are in Italy, and within five months if they are outside Italy -- and to reside
there for the greater part of the time, unless, by a command from us or our successors,
they are held back in the Roman curia for some business of greater moment or are sent to
other places as needs demand. In the latter cases, let them have in the said provinces and
cities vice-legates, auditors, lieutenants and the other usual officials with due
arrangements and salaries. Anyone who does not observe each and all of the above
regulations is to be deprived of all the emoluments of his post as legate. These regulations
were formulated and established long ago with this object: that the ready presence of the
legates would be beneficial to the peoples; not that, being free from toils and cares, under
cover of being the legate, they would fix their attention only on profit.

Since the duty of a cardinal is primarily concerned with regular assistance to the Roman
pontiff and the business matters of the apostolic see, we have decided that all cardinals
shall reside at the Roman curia, and those who are absent are to return within six months
if they are in Italy, or within a year from the day of promulgation of this present
constitution if they are outside Italy. If they do not they are to lose the fruits of their
benefices and the emoluments of all their offices; and they lose completely, as long as
they are absent, all privileges granted in general and in particular to cardinals. Those
cardinals are excepted, however, who happen to be absent by reason of a duty imposed
by the apostolic see, or of a command or permission from the Roman pontiff, or from
reasonable fear or any other motive which justifiably excuses, or for health reasons.
Moreover, the privileges, indults and immunities granted to the said cardinals and
contained or declared in our bull under the date of our coronation1{Bull Licat Romani
pontificis,9 April 1513; see Regesta Leonis X no. 14} remain in full force. We have also
decided that the funeral expenses of cardinals, when all costs are included, ought not to
exceed the total of 1,500 florins, unless the previous arrangement of the executors -- after
just grounds and reasons have been set out -- has reckoned that more should be spent.
The funeral rites and formal mourning are to be on the first and ninth days; within the
octave, however, masses may be celebrated as usual.

Out of reverence towards the apostolic see, for the advantage and honour of the pontiff
and the cardinals, in order that the possibility of scandals which could come to light may
be removed and a greater freedom of votes in the holy senate may exist, and that, as is
right, it may be lawful for each cardinal to say freely and without penalty whatever he
feels before God and his own conscience, we lay down that no cardinal may reveal in
writing or by word or in any other way, under pain of being a perjurer and
disobedient, the votes that were given in the consistory, or whatever was done or
said there which could result in hatred or scandal or prejudice with regard to
anyone, or whenever silence on any point beyond the foregoing has been specially
and clearly enjoined by ourself or the Roman pontiff of the time. If anyone acts to the
contrary he incurs, as well as the punishments stated, immediate excommunication from
which, except in immediate danger of death, he can only be absolved by ourself or the
Roman pontiff of the time, and with a declaration of the reason.

Reforms of the curia and of other things

Since every generation inclines to evil from its youth, and for it to grow accustomed
from tender years towards good is the result of work and purpose we rule and order
that those in charge of schools, and those who teach young children and youths,
ought not only to instruct them in grammar, rhetoric and similar subjects but also
to teach those matters which concern religion, such as God's commandments, the
articles of the faith, sacred hymns and psalms, and the lives of the saints. On feast
days they should limit themselves to teaching what has reference to religion and good
habits, and they are obliged to instruct, encourage and compel their pupils in these
matters insofar as they can. Thus, let them attend churches not only for masses, but
also to listen to vespers and the divine offices, and let them encourage the hearing of
instructions and sermons. Let them not teach anything to their pupils that is
contrary to good morals or may lead to a lack of reverence.

To wipe out the curse of blasphemy, which has increased beyond measure towards a
supreme contempt for the divine name and for the saints, we rule and ordain that whoever
curses God openly and publicly and, by insulting and offensive language, has expressly
blasphemed our lord Jesus Christ or the glorious virgin Mary, his mother, if he has
held a public office or jurisdiction, he is to lose three months' emoluments of his said
office for the first and second offence, and if he has committed the fault a third time, he is
automatically deprived of his post. If he is a cleric or a priest, he is to be punished
further as follows for being found guilty of such a fault: for the first time he
blasphemed, he is to lose the fruits of whatever benefices he held for one year; for the
second time he offended and was convicted, he is to be deprived of his benefice if he held
only one, and if he held several then he is to be compelled to lose the one that his
ordinary decides upon; if he is charged and convicted for a third time, he is automatically
deprived of all the benefices and dignities that he holds, he is rendered incapable of
holding them any longer, and they can be freely asked for and allotted to others. A lay
person who blasphemes, if he is a noble, is to be fined a penalty of twenty-five ducats;
for the second offence the fine is fifty ducats, which are to be applied to the fabric of the
basilica of the prince of the apostles in Rome; for other offences he is to be punished as
set out below; for a third fault, however, he is to lose his noble status. If he is of no rank
and a plebian, he is to be cast into prison. If he has been caught committing blasphemy in
public more than twice, he is to be compelled to stand for a whole day in front of the
entrance of the principal church, wearing a hood signifying his infamy; but if he has
fallen several times into the same fault, he is to be condemned to permanent
imprisonment or to the galleys, at the decision of the appointed judge. In the forum of
conscience, however, nobody guilty of blasphemy can be absolved without a heavy
penance imposed by the decision of a strict confessor. We wish those who blaspheme
against the other saints to be punished somewhat more lightly, at the decision of a
judge who will take account of individuals.

We also decree that secular judges who have not taken action against such convicted
blasphemers and have not imposed rightful penalties on them, insofar as they are
able to, are to be subjected to the same penalties as if they had been involved in the
said crime. But those who have exercised care and severity in their examinations and
punishments, will gain for each occasion an indulgence of ten years and may keep a third
of the fine imposed. Any persons who have heard the blasphemer are obliged to
rebuke him sharply in words, if it should happen that this can be done without
danger to themselves, and they are obliged to report the same or bring it to the
knowledge of an ecclesiastical or secular judge within three days. But if several persons
have at the same time heard the said blasphemer committing the fault, each one is
obliged to make an accusation against him, unless perhaps they all agree that one will
perform the task for all. We urge and counsel in the Lord all the said persons, in virtue of
holy obedience, that they command and ensure, for the reverence and honour of the
divine name, that all the foregoing are kept and very exactly carried out in their lordships
and lands. Thus they will have from God himself an abundant reward for such a good and
pious deed, and they too will obtain from the apostolic see an indulgence of ten years,
and a third of the fine by which the blasphemer is punished, as often as they have taken
the trouble to have such a crime punished. It is likewise our will that this indulgence and
the remaining third of the fine imposed be granted and assigned to the person reporting
the name of the blasphemer. Moreover, other penalties set down in the sacred canons
against such blasphemers remain in force.

In order that clerics, especially, may live in continence and chastity according to
canonical legislation, we rule that offenders be severely punished as the canons lay
down. If anyone, lay or cleric, has been found guilty of a charge on account of which
the wrath of God comes upon the sons of disobedience, let him be punished by the
penalties respectively imposed by the sacred canons or by civil law. Those involved
in concubinage, whether they be lay or cleric, are to be punished by the penalties of
the same canons. Concubinage is not to be allowed by the tolerance of superiors, or
as an evil custom of a great number of sinners, which should rather be called a
corruption, or under any other excuse; but let those involved be punished severely
in accordance with the judgment of the law .

Moreover, for the good and peaceful government of cities and all places subject to the
Roman church, we renew the constitutions published some time ago by Giles, the well-
remembered bishop of Sabina, and we enjoin and command that they be kept without
alteration.

So that the stain and disease of abominable simony may be driven out for ever not
only from the Roman curia but also from all christian rule, we renew the constitutions
issued by our predecessors, also in sacred councils, against simoniacs of this kind, and we
prescribe that they be observed unaltered. We wish the penalties they contain to be
regarded as clearly stated and included herein, and the offenders to be punished by our
authority .

We rule and order that anyone who holds a benefice with or without the care of souls,
if he has not recited the divine office after six months from the date of his obtaining the
benefice, and any legitimate impediment has come to an end may not receive the
revenues of his benefices, on account of his omission and the length of time, but he is
bound to spend them, as being unjustly received, on the fabric of the benefices or on alms
to the poor. If he obstinately remains in such negligence beyond the said period, after a
legitimate warning has been given, let him be deprived of the benefice, since it is for the
sake of the office that the benefice is granted. He is to be understood as neglecting the
office, so that he can be deprived of his benefice, if he fails to recite it at least twice
during fifteen days. However, in addition to what has just been said, he will be obliged to
offer to God an explanation for the said omission. The penalty on those holding several
benefices may be repeated as often as they are proved to act contrary to these obligations.

The full disposal and administration of the revenues of cathedral and metropolitan
churches, monasteries and any other ecclesiastical benefices belong exclusively to us and
the Roman pontiff of the time, and to those who legally and canonically hold churches,
monasteries and benefices of this kind. Secular princes ought in no way to interpose
themselves in the said churches, monasteries and benefices, since all divine law also
forbids it. For these reasons we rule and command that the fruits and revenues of
churches, monasteries and benefices ought not to be sequestrated, held or detained
in any way by any secular rulers, even if they be the emperor, kings, queens,
republics or other powers, or by their officials, or by judges, even ecclesiastical ones,
or by any other persons public or private, acting at the command of the said
emperor, kings, queens princes, republics or powers. Those who hold such churches,
monasteries and benefices ought not to be impeded -- under the pretext of the restoration
of the fabric (unless permission is expressly given by the Roman pontiff of the time) or of
alms-giving or under any other guise or pretence -- so that they cannot freely and without
restriction, as before, dispose of the fruits and revenues. If there have been
sequestrations, seizures or retentions, then restoration of the fruits and revenues
must be made totally, freely, and without exception or delay, to the prelates to
whom they pertain by right and by law. If they have been scattered and can
nowhere be found, it is our will, supported by the penalty of excommunication or
ecclesiastical interdict to be automatically incurred by the lands and domain of the
ruler, that, after a just estimate has been made about them, the said prelates receive
satisfaction through those who carried out the said sequestrations, applications or
dispersals or who gave orders for them to be carried out; and further, that their
goods and the goods of those subject to them, wherever these may be found, may be
seized and held if, after being warned, they refuse to obey. Those who act in a
contrary manner do so under pain of both the penalties mentioned above and those of
deprivation of the fiefs and privileges which they have obtained for a time from us and
from the Roman or other churches, and of those issued against violators and oppressors
of ecclesiastical liberties, including those in extraordinary and other constitutions, even if
they are unknown and perhaps not now in actual use. We renew all these penalties as
stated and included herein, we decree and declare that they have perpetual force- and we
will and order that sentence, judgment and interpretation are to be given according to
them by all judges, even cardinals of the holy Roman church, with all power of judging
and declaring otherwise being removed and taken away from them.

Since no power over ecclesiastical persons is granted to lay people by either divine or
human law, we renew the constitution of pope Boniface VIII, our predecessor of happy
memory, which begins Felicis, and that of pope Clement V which begins Si quis
suadente, and also any other apostolic ordinance, however issued, in favour of
ecclesiastical freedom and against its violators. Moreover, the penalties against those who
dare to do such things, contained in the bull In coena Domini3, are to remain in force. It
has similarly been forbidden in the Lateran and general councils, under penalty of
excommunication, for kings, princes, dukes, counts, barons, republics and any other
authorities exercising control over kingdoms, provinces, cities and territories, to
impose and exact money contributions, tithes and other similar imposts on or from
clerics, prelates and any other persons of the church, or even to receive them from
those who freely offer them and give their consent. Those who openly or covertly
provide help, favour or advice in the aforesaid matters automatically incur the
penalty of immediate excommunication; and states, communities and universities
which are at fault in any way on this point are by this very fact to be subject to
ecclesiastical interdict. Prelates also, who have given consent to the foregoing
without the clear permission of the Roman pontiff, automatically incur the penalty
of excommunication and removal from office. For these reasons we decree and
ordain that henceforth those who attempt such things, even if (as mentioned) they
are qualified, in addition to the aforesaid penalties which we renew and wish them
to incur by the very fact of their contravention, are to be regarded as incapable of
all legal acts and as intestable .

Sorcery, by means of enchantments, divinations, superstitions and the invoking of

demons, is prohibited by both civil laws and the sanctions of the sacred canons. We
rule, decree and ordain that clerics who are found guilty of these things are to be
branded with disgrace at the judgment of superiors. If they do not desist, they are to
be demoted, forced into a monastery for a period of time that is to be fixed by the
will of the superior, and deprived of their benefices and ecclesiastical offices. Lay
men and women, however, are to be subject to excommunication and the other
penalties of both civil and canon law. All false Christians and those with evil
sentiments towards the faith, of whatever race or nation they may be, as well as
heretics and those stained with some taint of heresy, or Judaizers, are to be totally
excluded from the company of Christ's faithful and expelled from any position,
especially from the Roman curia, and punished with an appropriate penalty. For
these reasons we rule that proceedings are to be taken against them, with careful
enquiry everywhere and particularly in the said curia, by means of judges
appointed by us, and that those accused and rightly convicted of these offences are
to be punished with fitting penalties; and we wish that those who have relapsed are
to be dealt with without any hope of pardon or forgiveness .
Since these constitutions and ordinances which we are now establishing concern life,
morals and ecclesiastical discipline, it is fitting that our own and other officials, both
those in the Roman curia and those everywhere else, should be models of and bound to
them, and it is our will and decision that they be held to their observance by an
inviolable bond. Lest these constitutions seem at any point to detract from other censures
and penalties imposed by ancient laws and constitutions against those acting otherwise,
even though they have been thought out and issued as a development, we further
declare that nothing whatever has been taken away from common law or from other
decrees of Roman pontiffs by these regulations and ordinances. Indeed, if any parts
of them have lost their force through the evil corruption of times, places and people,
or through abuse, or for any other unapprovable reason, we here and now renew
and confirm them and order them to be observed without alteration. We decree and
declare that these our well-pondered constitutions are to be of binding force from two
months after publication, and we strictly forbid anyone to presume to make glosses or
commentaries or interpretations on them without special permission from us or the
apostolic see. Anyone who rashly dares to oppose this, incurs the penalty of
immediate excommunication by this very act.