Bull Against Exempt Persons

Bull against exempt persons, fifth lateran council
We have learnt, by many and frequent reports, that very many churches and the bishops
presiding over them, on both sides of the Alps, are being troubled and disturbed in their
jurisdictions, rights and lordships by esquires, princes and nobles. These, under colour of
a right of patronage which they pretend to hold in ecclesiastical benefices, without the
support of any apostolic privileges, or of collations or letters from the ordinaries, or even
of any pretence of a title, presume to confer benefices not only on clerics but also on
layfolk; to punish at their own whim priests and clerics who are at fault; to remove,
purloin and usurp in an arbitrary way, either directly or by ordering others, the tithes of
everything on which they are obliged by law to pay, as well as tithes belonging to
cathedrals, and other things which pertain to diocesan law and jurisdiction and are the
exclusive concern of bishops; to forbid such tithes and any fruits to be taken out of their
cities, lands and territories; to seize and unjustly hold fiefs, possessions and lands; to
induce and compel, by threats, terror and other indirect means, the granting to them
of fiefs and goods of churches and the conferring of ecclesiastical benefices on persons
nominated by them; and not only to permit but even expressly to command very many
other losses, damages and injuries to be inflicted on the aforesaid clerics and churches
and their prelates.
We take thought, then, that no power has been granted to lay people over clerics
and ecclesiastics, or over property belonging to the church, and that it is right and
just that laws should be made against those who refuse to observe this. We also
consider how much such actions detract, with disastrous results which must be
condemned, not only from the honour of ourself and the apostolic see but also from the
peaceful and prosperous condition of churchmen. We desire too, to restrain from
thoughtless acts of rashness, not so much by new penalties as by a renewed fear of
existing ones that should be applied, those whom the rewards of virtues do not induce
to observe laws. We therefore renew each and all of the constitutions hitherto issued
regarding the payment of tithes; against violators and seizers of churches; against
fire-raisers and pillagers of fields; against those seizing and holding cardinals of the
holy Roman church, our venerable brother bishops and other persons of the church,
both secular and regular, and unlawfully taking over in any way their jurisdiction
and rights, or disturbing or molesting them in the exercise of their jurisdiction, or
presumptuously forcing them to confer ecclesiastical benefices on persons named by
them, or to dispose of them in some other way at their arbitrary choice, or to grant
or otherwise sell fiefs and goods of the church in perpetual tenure, against making
regulations in conflict with ecclesiastical liberty; against providing help, advice and
support for the above practices. Since these acts are not merely opposed to law but are
also in the highest degree insulting and contrary to ecclesiastical liberty, we therefore, in
order that we may be able to give an honest account to God of the office entrusted to us,
earnestly urge in the Lord, by fatherly sentiments and counsels, the emperor, kings,
princes, dukes, marquises, counts, barons, and others of whatever other nobility, pre-
eminence, sovereignty, power, excellence or dignity they may be, and we command
them by virtue of holy obedience, to observe the foregoing constitutions and to make
them inviolably observed by their subjects, notwithstanding any customs whatever
to the contrary, if they wish to avoid the divine displeasure and the fitting reaction
of the apostolic see. We decree that appointments made in the above-mentioned way
to the said benefices are null and void, and those making use of them are rendered
incapable of obtaining other ecclesiastical benefices until they have been dispensed
in the matter by the apostolic see.
We have also been carefully reflecting that, after Christ's ascension into heaven, the
apostles assigned bishops to each city and diocese, and the holy Roman church became
established throughout the world by inviting these same bishops to a role of
responsibility, and by gradually sharing the burdens by means of patriarchs, primates,
archbishops and bishops; and that it has also been laid down by the sacred canons that
provincial councils and episcopal synods ought to be established by such persons for
the correction of morals, the settlement and limiting of controversies, and the
observance of God's commandments, in order that corruptions may be corrected
and those neglecting to do these things may be subjected to canonical penalties. In
our desire that these canons be faithfully observed, since it is right for us to be
interested in what concerns the christian state, we place a strict obligation on the
said patriarchs, primates, archbishops and bishops, in order that they may be able
to render to God a worthy account of the office entrusted to them, that they order
the canons, councils and synods to be observed inviolably, notwithstanding any
privilege whatsoever. Besides, we order that henceforth a provincial council is to be
held every three years, and we decree that even exempt persons are to attend them,
notwithstanding any privilege or custom to the contrary. Those who are negligent in
these matters are to know that they will incur penalties contained in the same canons.
In order that respect for the papal dignity might be preserved, it was determined by the
constitution issued at the council of Vienne, which begins In plerisque that no
persons, especially no religious, may be provided to cathedral churches which are
deprived of temporal goods, without which spiritual things cannot exist for long,
and which lack both clergy and christian people. We renew this constitution, and we
will and command that it must be observed inviolably unless we shall judge otherwise for
some just reason to be approved in our secret consistory .
We decree that anything attempted against the foregoing, or any part thereof, is null and
void, notwithstanding any constitution or privilege to the contrary.

Bull Against Exempt Persons

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Bull against exempt persons, fifth lateran council

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