The Fourth Council of the LateranorLateran IV was convokedbyPope Innocent III in April 1213 and opened at the Lateran PalaceinRome on 11 November 1215. Due to the great length of time between the council's convocation and its meeting, many bishops had the opportunity to attend this council, which is considered by the Catholic Church to be the twelfth ecumenical council. The council addressed a number of issues, including the sacraments, the role of the laity, the treatment of Jews and heretics, and the organization of the church.
The Council is viewed as both opening up many reforms, and as ushering in intolerance in European society, both to heretics and Jews.
Background
Innocent III first mooted organizing an ecumenical council in November 1199.[1] In his letter titled Vineam Domini, dated 19 April 1213,[2] the Pope writes of the urgent need to recover the Holy Land and reform the Church.[3] The letter, which also served as a summons to an ecumenical council, was included alongside the Pope's papal bull Quia maior.[1] In preparing for the council, the Pope spearheaded the extensive refurbishment of the old St. Peter's Basilica, which he designated as the "centrepiece for display and decoration" during the council. The lunette of the main door leading to the tomb of St. Peter had engravings of Old Testament prophets and twenty-four bishops, alongside the messages, "Feed your Sheep" and "This is the Door of the Sheep".[4]
Proceedings
Innocent III deliberately chose for the Fourth Council to meet in November, during which there were numerous feast days.[5] A preliminary legal session took place on 4 November,[6] while the opening ceremony of the council was held on St. Martin's Day and began with a private morning Mass.[5] Afterwards, at the start of the first plenary session in the Lateran Palace, the Pope led the singing of "Veni Creator Spiritus"[7] and preached about Jesus' words to his disciples at the Last Supper,[8] quoting from Luke 22.[9] In his next two sermons, one on the need to recover the Holy Land and the other on dealing with heretics,[10] the Pope was joined on stage by Raoul of Mérencourt and Thedisius of Agde respectively.[6]
On 14 November, there were violent scenes between the partisans of Simon de Montfort among the French bishops and those of the Count of Toulouse. Raymond VI of Toulouse, his son (afterwards Raymond VII), and Raymond-Roger of Foix attended the council to dispute the threatened confiscation of their territories; Bishop Foulques and Guy de Montfort (brother of Simon de Montfort) argued in favour of the confiscation. All of Raymond VI's lands were confiscated, save Provence, which was kept in trust to be restored to Raymond VII.[11] Pierre-Bermond of Sauve's claim to Toulouse was rejected and Toulouse was awarded to de Montfort, while the lordship of Melgueil was separated from Toulouse and entrusted to the bishops of Maguelonne.[11]
The next day, in a ceremony attended by many council participants, the Pope consecrated the Basilica of Santa MariainTrastevere,[5] which had been rebuilt by Callixtus II.[12] Four days later, the anniversary celebration at St. Peter's Basilica brought together such a large gathering that the Pope himself had trouble entering the premises.[12]
The second plenary session was held on 20 November; the Pope was scheduled to preach about church reform, but proceedings were disrupted by bishops who opposed the designation of Frederick II as Holy Roman Emperor.[13] The council concluded on 30 November, Saint Andrew's Day, during which the Pope preached on the Nicene Creed and concluded his remarks by raising up a relic of the True Cross.[13] The archbishop of Mainz attempted to interrupt the speech, although he complied with the Pope's raising of his hand—a command to stay silent.[14]
Outcomes
Lateran IV had three objectives: crusading, Church reform, and combating heresy.[15] The seventy-one Lateran canons, which were not debated, were only formally adopted on the last day of the council;[16] according to Anne J. Duggan, the "scholarly consensus" is that they were drafted by Innocent III himself.[17] They cover a range of themes including Church reform and elections, taxation, matrimony, tithing, simony, and Judaism.[18] After being recorded in the papal registers, the canons were quickly circulated in law schools.[19] Effective application of the decrees varied according to local conditions and customs.[20]
Machinery of enforcement
While the precise application and levels of conformity to Lateran IV were variable, it is argued that it created a wide range of legal measures with long term repercussions, which were used to persecute minorities and helped usher in a specifically intolerant kind of European society, or as historian R. Moore defines it, a "persecuting society". These were applied first to heretics, but increasingly to other minorities, such as Jews and lepers.[21]
Jewish badges
The Council mandated that Jews separate and distinguish themselves, in order to "protect" Christians from their influence.
In some provinces a difference in dress distinguishes the Jews or Saracens from the Christians, but in certain others such a confusion has grown up that they cannot be distinguished by any difference. Thus it happens at times that through error Christians have relations with the women of Jews or Saracens, and Jews and Saracens with Christian women. Therefore, that they may not, under pretext of error of this sort, excuse themselves in the future for the excesses of such prohibited intercourse, we decree that such Jews and Saracens of both sexes in every Christian province and at all times shall be marked off in the eyes of the public from other peoples through the character of their dress. Particularly, since it may be read in the writings of Moses [Numbers 15:37–41], that this very law has been enjoined upon them.[22]
Canons
Canon 1 (De fide catholicaorOn the catholic faith): Infallibly defined the teaching of the Catholic Church on transubstantiation,[23] the doctrine which describes in precise scholastic language the transformation by which the bread and wine offered in the sacrament of the Eucharist becomes the actual blood and body of Christ.[24][25]
Canon 3 (De haereticisorOn heretics): Procedure and penalties against heretics and their protectors. If those suspected of heresy should neglect to prove themselves innocent, they are excommunicated. If they continue in the excommunication for twelve months they are to be condemned as heretics. Princes are to swear that they will banish all whom the church points out as heretics.[24][27]
Canon 4 (De superbia Graecorum contra LatinosorOn the pride of Greeks towards Latins): Exhortation to the Greeks to reunite with the Roman Church.[24][28]
Canon 5 (De dignitate patriarcharumorOn the dignity of patriarchs): Proclamation of the papal primacy recognized by all antiquity. After the pope, primacy is attributed to the patriarchs in the following order: Constantinople, Alexandria, Antioch, and Jerusalem.[24][29]
Canon 6 (De conciliis provincialibusorOn provincial councils): Provincial councils must be held annually for the reform of morals, especially those of the clergy. This was to ensure that the canons adopted would be implemented.[30][29]
Canon 7 (De correctione excessuumorOn the conviction of offences): Sets down the responsibility of the bishops for the reform of their subjects.[30][31]
Canon 8 (De inquisitionibusorOn inquests): Procedure in regard to accusations against ecclesiastics.[30][31]
Canon 9 (De diversis ritibus in eadem fideorOn different rites within the same faith): Celebration of public worship in places where the inhabitants belong to nations following different rites.[30][32]
Canon 10 (De praedicatoribus instituendisorOn appointing preachers): Ordered the appointment of preachers and penitentiaries to assist in the discharge of the episcopal functions of preaching and penance.[32]
Canon 11 (De magistris scholasticisorOn schoolmasters): The decree of 1179, about a school in each cathedral having been entirely ignored, was re-enacted, and a lectureship in theology ordered to be founded in every cathedral.[33]
Canon 12 (De communibus capitulis monacborumorOn general chapters of monks): Abbots and priors are to hold their general chapter every three years.[30][33]
Canon 13 (De novis religionibus prohibitisorOn the prohibition against new religious orders): Forbade the establishment of new religious orders.[30][34]
Canons 14 (De incontinentia clericorum puniendaorOn punishing clerical incontinences): Set out guidelines for punishing incontinence.
Canon 15 (De arcenda ebrietate clericorumorOn preventing drunkenness among the clergy): Prohibited both drunkenness and the hunting of birds and dogs.[35]
Canon 16 (De indumentis clericorumorOn the dress of clerics): Prescribed dressing for clergy members—including a ban on embroidered or pointed shoes[36]—and prohibited gambling and spectating theatrical performances.[35]
Canon 17 (De comessationibus praelatorum et negligentia eorum super diviniis officiisorOn prelates' feasts and their negligence at divine services): Admonished clerics who excessively engaged in non-religious activities while infrequently attending mass.[35]
Canon 18 (De indicio sanguinis et duelli clericis interdictoorOn sentences involving either the shedding of blood or a duel being forbidden to clerics): Clerics may neither pronounce nor execute a sentence of death. Nor may they act as judges in extreme criminal cases, or take part in matters connected with judicial tests and trials by ordeal.[37]
Canon 19 (Ne ecclesiae mundanis suppellectilibus exponanturorThat profane objects may not be introduced into churches): Household goods must not be stored in churches unless there be an urgent necessity. Churches, church vessels, and the like must be kept clean.[37]
Canon 20 (De chrismate et eucharistia sub sera conservandaorOn keeping the chrism and the eucharist under lock and key): Ordering that the chrism and the Eucharist to be kept under lock and key, with a three-month suspension for leaving it out carelessly, and worse if "anything unspeakable" were to happen to it.[37]
Canon 21 (De confessione facienda et non revelanda a sacerdote et saltem in pascha communicandoorOn confession being made, and not revealed by the priest, and on communicating at least at Easter): Introduced the mandate "Omnis utriusque sexus", which commands every Christian who has reached the years of discretion to confess all his, or her, sins at least once a year to their own priest.[38] This canon did no more than confirm earlier legislation and custom (of the previous century), although it is sometimes incorrectly quoted as commanding the use of sacramental confession for the first time.
Canon 22 (Quod infirmi prius provideant animae quam corporiorThat the sick should provide for the soul before the body): Before prescribing medicine for the sick, physicians shall be bound under pain of exclusion from the church, to exhort their patients to call in a priest, and thus provide for their spiritual welfare.[38]
Canon 23 (Quod ecclesia cathedralis vel regularis ultra tres menses non vacetorThat a cathedral church or a church of the regular clergy is not to remain vacant for more than three months): Mandated that a church is not to be without a prelate for more than three months.[39]
Canon 24 (De electione facienda per scrutinium vel compromissumorOn making an election by ballot or by agreement): Mandated that pastors are to be either elected or chosen by a committee acting on behalf of the congregation.[40]
Canon 25 (Quod electio facta per saecularem potestatem non valeat): Specified that spiritual leaders may not be selected by non-Christians.[41]
Canon 26 (De poema indigue confirmantis electionemorOn the penalty for improperly confirming an election): Laid out the punishments for not adhering to electoral guidelines.[41]
Canon 27 (De instructione ordinandorumorOn the instruction of ordinands): Stressed the need for bishops to properly guide their disciples and not ordain the "ignorant and unformed".[42]
Canon 28 (Quod compellantur cedere qui postulaverunt licentiam cedendiorThat those who have asked for permission to resign are to be compelled to do so): Allowed members of the clergy to resign, with the caveat that their resignations would be irreversible.[42]
Canon 29 (Quod nullus babeat duo beneficia cum cura annexaorThat nobody may hold two benefices with the cure of souls attached): Forbade the holding of several ecclesiastical offices at any given time.[42]
Canon 30 (De idoneitate instituendorum in ecclesiisorOn the suitability of those instituted to churches): Forbade "unworthy persons" from working in churches.[43]
Canon 31 (De filiis canonicorum non instituendis cum patribusorOn not instituting the sons of canons with their fathers): Prohibited clergymen from having their sons succeed them.[43]
Canon 32 (Ut patroni compententem portionem dimittant clericisorThat patrons shall leave a suitable portion to clerics): Ruled that priests are entitled to a "fitting portion from the revenues of the church".[44]
Canon 33 (De procurationibus non accipiendis sine visitationeorOn not receiving procurations without a visitation being made): Dictated that bishops may only expect to be reasonably remunerated when visiting churches.[45][46]
Canon 34 (De subditis non gravandis sub praetextu servitii alicuiusorOn not burdening subjects under the pretext of some service): Forbade prelates from charging for superfluous services.[47]
Canon 35 (De causa appellationis exprimendaorOn stating the grounds for an appeal): Defendants must not appeal without good cause before sentence is given; if they do, they are to be charged expenses.[47]
Canon 36 (Quod iudex possit interlocutoriam et comminatoriam sententiam revocareorThat a judge can revoke an interlocutory and a comminatory sentence): Judges may revoke comminatory and interlocutory sentences and proceed with the case.[47]
Canon 37 (De litteris non impetrandis ultra duas diaetas et sine specialis mandatoorOn not procuring letters which entail more than two days' journey and are without a special mandate): Declared that plaintiffs may not impede trials by calling on faraway witnesses, unless the defendant agrees to it.[48]
Canon 38 (De scribendis actis, ut probari possintorOn writing acts so that they can be proved): Stipulated that trial proceedings must be recorded in writing.[48]
Canon 39 (De restitutione danda contra possessorem, quae non rapuit ipseorOn granting restitution against a person in possession who was not the robber): Ruled that stolen goods have to be returned to their original owner.[48]
Canon 40 (De vera possessioneorOn true possession): Ruled that plaintiffs still have rightful ownership of goods withheld from them for more than a year.[49]
Canon 41 (De continuatione bonae fidei in omni praescriptioneorOn continuing good faith in every prescription): Declared that all prescriptions have to be made in good faith.[49]
Canon 42 (De saeculari iustitiaorOn secular justice): Stressed that religious law should not interfere with secular law, and vice versa.[49]
Canon 43 (Ne sine causa clericus fidelitatem laico faciatorOn a cleric not doing fealty to a layman without good reason): Clerics should not take oaths of fealty to laymen without lawful cause.[49]
Canon 44 (Quod constitutiones principum non praeiudicent ecclesiisorThat the ordinances of princes should not be prejudicial to churches): Lay princes should not usurp the rights of churches.[50]
Canon 45 (Patronus qui clericum ecclesiae occiderit vel mutilaverit, ius patronatus omittitorA patron who kills or mutilates a cleric of a church loses his right of patronage): Forbade patrons of churches from killing clergymen.[50]
Canon 46 (De talliis a clericis non exigendisorOn not exacting taxes from clerics): Laid out exceptions to a Lateran III canon exempting clergymen from taxation.[51]
Canon 47 (De forma excommunicandiorOn the form of an excommunication): Decreed that excommunication may be imposed only after warning in the presence of suitable witnesses and for manifest and reasonable cause.[51]
Canon 48 (De more recusandi iudicemorOn how to challenge a judge): Laid out the guidelines to challenging a judge.[52]
Canon 49 (De poena excommunicantis iniusteorOn the punishment for excommunicating someone unjustly): Stipulated that excommunication is to be neither imposed nor lifted for payment.[53]
Canons 50–52: There had been kings of France and Castile who had repudiated their wives and "remarried" with serious public consequences. Marriage, impediments of relationship, publication of banns were addressed in Canon 50.[54]
Canon 53 (De bis qui praedia sua in fraudem decimarum dant aliis excolendaorOn those who give their fields to others to be cultivated so as to avoid paying tithes): The council condemned those who had their property cultivated by others (non-Christians) in order to avoid tithes.[55]
Canon 54 (Ut decimae ante tributa solvanturorThat tithes should be paid before taxes): Ruled that tithe payments have priority over all other taxes and dues.[56]
Canon 57 (De interpretandis privilegiorum verbisorOn interpreting the words of privileges): Gave precise instructions on the interpretation of the privilege of celebrating religious services during interdict, enjoyed by some orders.[57]
Canon 63 (De simoniaorOn simony): Prohibited simony, in that no fees are to be exacted for the consecration of bishops, the blessing of abbots or the ordination of clerics.[58]
Canon 64 (De eadem circa monachos et sanctimonialesorOn the same with regard to monks and nuns): Ruled that monks and nuns may not require payment for their entry into the religious life.[58]
Canon 67 (De usuris IudaeorumorOn the usury of Jews): Prevented Jews from charging "extortionate and excessive interest".[59]
Canon 68 (Ut Iudaei discernantur a christianis in habituorThat Jews should be distinguished from Christians in their dress): Mandated a special dress code for Jews and Saracens to distinguish them from Christians so that no Christian shall come to marry them ignorant of who they are.[60]
Canon 69 (Ne Iudaei publicis officiis praeficianturorThat Jews are not to hold public offices): Disqualified Jews from holding public offices,[60] incorporating into ecclesiastical law a decree of the Holy Christian Empire.[61]
Canon 70 (Ne conversi ad fidem de Iudaeis veterem ritum Iudaeorum retineantorThat converts to the faith among the Jews may not retain their old rite): Prescribed measures to prevent converted Jews from returning to their former belief.[62]
Canon 71 (Expeditio pro recuperanda Terra sanctaorExpedition for the recovery of the holy Land): Designated 1 June 1217 as the start of the Fifth Crusade.[62] This canon was disregarded by canonists like Johannes Teutonicus Zemeke, who omitted it from his collection of Lateran IV canons, Compilatio quarta, and Damasus Hungarus, who wrote, "This constitution is temporary, and I do not care to gloss it."[63]
Records
While the proceedings were not officially recorded, unlike in previous councils, evidence of the events have been found in various manuscripts by observers of the council.[64] The Chronica MajorabyMatthew Paris contains a line drawing of one of the sessions at the council which his abbot William of St Albans had personally attended.[65] An extensive eyewitness account by an anonymous German cleric was copied into a manuscript that was published in 1964, in commemoration of the Second Vatican Council, and is now housed at the University of Giessen.[66]
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