A Source Book for Mediæval History: Selected Documents illustrating the History of Europe in the Middle AgeThatcher, Oliver J. (Oliver Joseph)
History
A Source Book for Mediæval History: Selected Documents illustrating the History of Europe in the Middle Age
Thatcher, Oliver J. (Oliver Joseph)
Europe -- History -- 476-1492 -- Sources; Middle Ages -- Sources
19. No mortal has the authority to permit marriages that are prohibited
by the divine law, especially by the New Testament. The right to permit
marriages which are prohibited by human law belongs solely to the
"legislator" or to the one who rules by its authority.
20. The right to legitimatize children born of illegitimate union so
that they may receive inheritances, or other civil or ecclesiastical
offices or benefits, belongs solely to the "legislator."
21. The "legislator" alone has the right to promote to ecclesiastical
orders, and to judge of the qualifications of persons for these offices,
by a coercive decision, and no priest or bishop has the right to promote
anyone without its authority.
22. The prince who rules by the authority of the laws of Christians, has
the right to determine the number of churches and temples, and the
number of priests, deacons, and other clergy who shall serve in them.
23. "Separable"{81} ecclesiastical offices may be conferred or taken
away only by the authority of the "legislator"; the same is true of
ecclesiastical benefices and other property devoted to pious purposes.
24. No bishop or body of bishops has the right to establish notaries or
other civil officials.
25. No bishop or body of bishops may give permission to teach or
practice in any profession or occupation, but this right belongs to the
Christian "legislator" or to the one who rules by its authority.
26. In ecclesiastical offices and benefices those who have received
consecration as deacons or priests, or have been otherwise irrevocably
dedicated to God, should be preferred to those who have not been thus
consecrated.
27. The human "legislator" has the right to use ecclesiastical
temporalities for the common public good and defence, after the needs of
the priests and clergy, the expenses of divine worship, and the
necessities of the poor have been satisfied.
28. All properties established for pious purposes or for works of mercy,
such as those that are left by will for the making of a crusade, the
redeeming of captives, or the support of the poor, and similar purposes,
may be disposed of by the prince alone according to the decision of the
"legislator" and the purpose of the testator or giver.
29. The Christian "legislator" alone has the right to forbid or permit
the establishment of religious orders or houses.
30. The prince alone, acting in accordance with the laws of the
"legislator," has the authority to condemn heretics, delinquents, and
all others who should endure temporal punishment, to inflict bodily
punishment upon them, and to exact fines from them.
31. No subject who is bound to another by a legal oath may be released
from his obligation by any bishop or priest, unless the "legislator" has
decided by a coercive decision that there is just cause for it.
32. The general council of all Christians alone has the authority to
create a metropolitan bishop or church, and to reduce him or it from
that position.
Public-domain text, read in full here on John Shaqi.
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