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
The Corpus Juris Canonici (Body of Canon Law), which consists chiefly of
decisions of church councils and of papal decrees and bulls, is the code
of laws by which the church is governed. Frequent additions were made to
it until Gregory XIII (1572-85) prepared a standard edition of it. It
has been republished a great many times. For the sake of brevity we have
made use of a few of its chapters here instead of the longer originals
from which they are taken.
C. vi. Laymen have not the right to choose those who are to be made
bishops.
(From the Council of Laodicæa, fourth century.)
C. vii. Every election of a bishop, priest, or deacon, which is made by
the nobility [that is, emperor, or others in authority], is void,
according to the rule which says: "If a bishop makes use of the secular
powers to obtain a diocese, he shall be deposed and those who supported
him shall be cast out of the church."
(From the third canon of the second council at Nicæa, 787, quoting the
30th canon of the Apostolic Constitutions; Mansi, XVI, 748.)
C. i. No layman, whether emperor or noble, shall interfere with the
election or promotion of a patriarch, metropolitan, or bishop, lest
there should arise some unseemly disturbance or contention; especially
since it is not fitting that any layman or person in secular authority
should have any authority in such matters.... If any emperor or
nobleman, or layman of any other rank, opposes the canonical election of
any member of the clergy, let him be anathema until he yields and
accepts the clear will of the church in the election and ordination of
the bishop.
(From the twenty-second canon of the eighth synod of Constantinople,
869; Mansi, XVI, 174 f.)
34. The Pope must be Chosen from the Cardinal Clergy of Rome, 769.
Enactment of a Latin council held by Stephen III, 769, Cor. Jur. Can.,
Dist. LXXIX. (See also Mansi, XII, 719.)
C. iii. It is necessary that our mistress the holy Roman Catholic church
be governed properly, and in accordance with the precedents established
by St. Peter and his successors, and that the pope be chosen from the
cardinal priests or cardinal deacons. C. iv. No one, whether layman or
clergyman, shall presume to be made pope unless he has risen through the
regular grades{57} at least to the rank of cardinal deacon or has been
made a cardinal priest.
Public-domain text, read in full here on John Shaqi.
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