[Bull against exempt persons, in which are included some points regarding
ecclesiastical liberty and episcopal dignity]
Leo, bishop, servant of the servants of God, with the approval of the sacred
council, for an everlasting record. Presiding over the government of the
universal church (the Lord so disposing), we readily aim to secure the
advantages of subjects, in conformity with the obligation of our pastoral
office. In order to preserve the church's freedom, to remove scandals, to
establish harmony, and to foster peace between prelates of churches and those
subject to them, we apply the effort of apostolic care in proportion as
experience shows that disagreement between such groups will be harmful. Thus we
are glad to regulate the indults and privileges granted to the same subjects by
both our predecessors and the apostolic see, at the expense of the prelates
concerned, in such a way scandals do not arise from them, or material be
provided to anyone for fostering ill-will, or ecclesiastical persons be somehow
drawn away from the benefit of obedience as well as from perseverance in the
divine service .
Recently, indeed, a trustworthy report has reached our ears that canons of
patriarchal, metropolitan, cathedral and collegiate churches and other secular
clerics are making too many claims, on account of which they give rise to
considerable ill-report concerning themselves, have an injurious effect on
others from their claims of exemption and freedom obtained from the apostolic
see, evade the corrections and regulations of the ordinaries, and shun their
courts and judgments. Some of them, in the hope of gaining freedom from
punishment for their deviations by the privilege of exemption, do not fear to
commit offences which they would certainly have never committed if they did not
believe that they were protected by their exemption. The result is that, on
account of the brashness of those trusting that they will obtain freedom from
punishment for their offences, because of the privilege of exemption, they
commit outrages on many occasions as a result of which the church is very much
maligned and serious scandals arise, especially when those responsible for
correcting and punishing them fail to do so. In our wish to provide the
necessary remedy lest, on the above pretext, their faults remain unpunished, we
rule, with the approval of the sacred council, that henceforth those to whom
the correction and punishment of exempt persons has been committed by the
apostolic see, are to attend carefully to these duties and diligently to carry
out the obligations of the office entrusted to them. As soon as it is legally
clear to them that exempt persons have been at fault, they are to punish them
in such a way that they are restrained from their acts of arrogance by fear of
a penalty and so that others, frightened by their example, will rightly shrink
from committing similar faults .
If they are neglectful in this matter, the diocesan and other local
ordinaries are to warn such persons, who have the responsibility for correcting
those who are exempt, that they should punish such exempt persons who have
committed faults and are guilty and should censure them within a suitable time,
which is to be determined by the judgment of those giving the warning. The
warning is to be given in person (if the resources and standing of the person
giving it make this possible), or otherwise, if there should be no clearly
recognised judge in the region of the exempt persons, they are to warn those
whom they consider to be responsible for the above by means of a public edict,
which is to be fixed to the doors of the cathedrals or other churches where
such judges of exempt persons may happen to reside, or if there are no judges
of the exempt persons there, then where the exempt persons have committed the
faults. If those who have received the warning are negligent in this matter,
and do not trouble or have refused to carry it out, then, so that they may be
penalised for their fault, they are to be deprived of hearing the inquiry for
that time and are henceforth not to be involved in any way in such inquiries.
Then the diocesan and other local ordinaries can proceed, on our authority,
either to an inquiry or by means of an accusation, excluding the use of
torture, against such offending and criminous persons and may personally
examine the witnesses. They shall see that the process itself -- regarding
which, by reason of the solemnity of the law, we forbid anything to be alleged
or said except on account of an omitted citation (provided the offence has been
correctly proved elsewhere) -- is held, closed and sealed by them and quickly
despatched to the apostolic see, either by themselves or by another messenger,
so as to be carefully examined by the apostolic see, either by the Roman
pontiff or by someone else to whom he shall commit the matter; at the expense
of the offending exempt persons, including the expenses incurred in the process
itself, which expenses the ordinaries can compel the persons who have been
investigated and charged to pay. And those found worthy of blame, either to the
extent of being condemned or on account of there being sufficient evidence to
justify recourse to torture so that the truth might be extracted, are to be
returned to the diocesans or ordinaries so that these may lawfully proceed
further, on our authority, in the inquiry or the accusation and may terminate
the case according to what is just .
Notaries of the apostolic see, whose office is known to have been instituted
by pope Clement I of happy memory at the beginnings of the primitive church,
for the purpose of investigating and recording the acts of saints, and who have
been elevated to the office of protonotary and wear an official garment and a
rochet, together with other officials who are attached to us and to the said
see, when they are actually engaged in their duties, are exempt from all
jurisdiction of ordinaries in both civil and criminal matters. Other notaries,
however, not wearing the dress of the protonotariate, unless they have adopted
it within three months after the publication of this present document, both
themselves and others due to be elevated to the office in the future who do not
regularly wear the official dress and a rochet, as well as other officials, our
own and those of the said see, when not actually engaged in their duties, are
to be subject to the jurisdiction of the said diocesans and ordinaries in both
criminal and civil cases which involve sums not exceeding twenty-five golden
ducats of the treasury. But in civil cases involving sums exceeding such an
amount, they are to enjoy full exemption and to be totally excluded from the
jurisdiction of the said diocesans and ordinaries. We also judge it worthy and
appropriate that among the personal staff of cardinals of the holy Roman
church, only those shall enjoy the privilege of exemption who belong to the
household staff and are regular sharers of its board, or have been sent by the
same cardinals to carry out their personal business, or perhaps are absent for
a time from the Roman curia to refresh themselves. But for others, even when
they are registered as belonging to the personal staff, the privilege of staff
membership in no way entitles them to be outside the control of their diocesans
and ordinaries .
By the constitution published at the council of Vienne which begins
Attendentes, there was given to the aforesaid diocesans full faculties to visit
once a year the convents of nuns, in their dioceses, that are immediately
subject to the apostolic see. We renew this constitution and we prescribe and
command that it be strictly kept, notwithstanding any exemptions and
privileges. By the foregoing, moreover, the same diocesans and ordinaries are
not to be prejudiced by cases in which jurisdiction over exempt persons has
been granted by law. Rather, we define that henceforth exemptions granted for a
time without reasonable cause, and without any citation of those involved, are
of no force or value .
Since order in the church is confused if the jurisdiction of each person is
not preserved, we rule and ordain, in an effort to support the jurisdiction of
ordinaries (so far as we can with God's favour), to impose more quickly an end
to lawsuits, and to restrict the immoderate expenses of litigants, that
individual cases, spiritual, civil and mixed, involving in any way an
ecclesiastical forum and concerned with benefices -- provided that the actual
benefices have not been under a general reservation and the incomes, rents and
produce of the individual benefices do not surpass in value, by common
reckoning, twenty-four golden ducats of the treasury -- shall in the first
instance be examined and settled outside the Roman curia and before the local
ordinaries. Thus, nobody may appeal prior to a definitive sentence, nor may an
appeal (if made) be in any way admitted, except from an interlocutory judgment
which may have the force of a definitive sentence, or by way of a complaint
which in no way concerns the main business. For, redress cannot be obtained
from a definitive sentence by means of an appeal, unless one of the litigants
does not dare to go to law before the ordinary because of a genuine fear of his
adversary's power, or for some other acceptable and honourable reason which
must be at least partially proved otherwise than by his personal oath. In these
exceptional cases, the appeal can be begun, investigated and concluded in the
Roman curia, even in the first instance . In other cases, the appeals and the commissions
of these and other such suits, and whatever follows from them, shall henceforth
be of no force or value. The judges and conservators appointed by the apostolic
see, if they are not graduates in either civil or canon law, are obliged, on
being asked by the parties concerned or by one of them, to take an assessor who
is not under suspicion with the parties and to judge the case according to his
report .
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 privelege 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 . Let nobody therefore ... If anyone however.. .
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