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AN EVENT THAT TRANSFORMED EUROPE AN EVENT THAT TRANSFORMED EUROPE

THE FOURTH LATERAN COUNCIL:

THE FOURTH LATERAN COUNCIL:

Edited by Ivan Majnarić, Daniel Patafta, Marko Jerković 100

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Publishers Catholic University of Croatia, Zagreb, Ilica 242 University of Zagreb – Catholic Faculty of Theology, Zagreb, Vlaška 38 Croatian Franciscan Province of Saints Cyril and Methodius, Zagreb, Kaptol 9 Kršćanska sadašnjost d.o.o., Zagreb, Marulićev trg 14 For publishers Željko Tanjić Mario Cifrak Ilija Vrdoljak Stjepan Brebrić Editors Ivan Majnarić Daniel Patafta Marko Jerković Peer reviewers Zdenka Janeković Römer Branko Murić Translation and proofreading Marina Schumann Prepress Monogram j.d.o.o., Zagreb Printed by Denona d.o.o., Zagreb Print run 300 ISBN 978-953-8014-33-8 (Catholic University of Croatia) ISBN 978-953-6420-22-3 (University of Zagreb – Catholic Faculty of Theology) ISBN 978-953-6428-67-0 (Croatian Franciscan Province of Saints Cyril and Methodius) ISBN 978-953-11- 1270-3 (Kršćanska sadašnjost) Print edition: October 2019 A CIP catalogue record for this book is available in the Online Catalogue of the National and University Library in Zagreb as 001041953

THE FOURTH LATERAN COUNCIL: AN EVENT THAT TRANSFORMED EUROPE

Edited by Ivan Majnarić, Daniel Patafta, Marko Jerković

Catholic University of Croatia; University of Zagreb – Catholic Faculty of Theology; Croatian Franciscan Province of Saints Cyril and Methodius; Kršćanska sadašnjost Zagreb, 2019

CONTENTS Preface PART I: Law The Fourth Lateran Council and the Development of Canon Law RATKO RADIŠIĆ 11 The Fourth Lateran Council and the Functioning of Courts in Thirteenth Century Eastern Adriatic TOMISLAV POPIĆ 35 Papal Attitudes towards Eastern Adriatic Piracy and the Fourth Lateran Council IVAN MAJNARIĆ 61

PART II: Reforms Decisions of the Fourth Lateran Council on the Election of New Bishops and Their Implementation in the Election of Split’s Archbishops during the First Half of the 13th Century SLAVKO KOVAĈIĆ 79 Between the King and Church Reform: Secular Canons, Corporativism, and Monarchy in the “Post-Lateran” Age (the HungarianSlavonian Case) MARKO JERKOVIĆ 107 Facing a Great Challenge: The Benedictine Abbey of Rogovo in the 13th Century TOMISLAV GALOVIĆ 139 “Via pateret discentibus ad doctrinam”: The Role of the Fourth Lateran Council in the Educational and Pastoral Reform of the Thirteenth Century IGOR RAZUM 155

PART III: Confessional practice Conclusions of the Fourth Lateran Council in the Writings of Saint Francis of Assisi DANIEL PATAFTA 177 The Fourth Lateran Council about the Theologians: Canonum sacrosancti Concilii quarti Lateranensis lectio comparata MISLAV KOVAĈIĆ 233 Handbooks of Moral Theology and the Fourth Lateran Council PAVAO KNEZOVIĆ 259

PART IV: Theological Echoes Extra Ecclesiam nulla salus – The Question of Salvation outside the Church at the Fourth Lateran Council ŢELJKO TANJIĆ and ZORAN TURZA 303 On the Sacrament of Confession: Michel Foucault and the Fourth Lateran Council IVICA RAGUŢ 317 Doctrine of Creation at the Fourth Lateran Council: Context, Interpretation, and Characteristics NEDJELJKA SR. VALERIJA KOVAĈ 337 Is God Similar? The Lateran Rule of Speaking about God STJEPAN KUŠAR

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Preface Among the numerous events and social processes that defined the Middle Ages, the Fourth Lateran Council is undoubtedly one that profoundly changed the society. As a reflection of the changes that affected Western European Christianity during the 12th and early 13th centuries, the conciliar conclusions had a crucial impact on the position of the papacy, the organization of the Church, the spiritual and everyday life of the faithful, and the shaping of new political and social trends in the secular sphere. This volume offers an overview of individual cases in which the impact of decisions of the Fourth Lateran Council was manifest at the wider European level as well as in the historical territories of Croatia. It is the fruit of the scholarly conference The Fourth Lateran Council: An Event that Transformed Europe, held in Zagreb in November 2015 and organized by the Department of History at the Croatian Catholic University, Chair of History and Chair of Croatian Latinity at the Department of Croatian Studies, University of Zagreb, Chair of Church History at the Catholic Faculty of Theology, University of Zagreb, and the Croatian Franciscan Province of Saint Cyril and Methodius. From the aspect of Croatian historiography, the volume is a contribution to the numerous global events marking the 800th anniversary of the Fourth Lateran Council.

The basic idea behind the volume – case studies from the medieval era – has been supplemented with various theological considerations, which go beyond the strict temporal limitation of being thematically focused on the Middle Ages. Thus, they not only observe the decisions of the Fourth Lateran Council in their historical significance up to the present times, but also add a specific interdisciplinary value to the main theme of the volume, which is reflected in its very structure. The volume is divided into four sections, in which the contributors have approached the subject from various angles, ranging from syntheses to case studies. The first part (“Law”) focuses on the Council’s impact on medieval legal culture, while the second (“Reforms”) addresses the implementation of conciliar decisions in the Croatian lands

during the 13th century. In the third part (”Confessional Practice”), the authors have discussed the Council’s impact on religious practice and moral theology. The final part (“Theological Echoes”) addresses specific theological questions that have remained topical to the present day and yet remain closely related to the conciliar conclusions.

It should be emphasized that the editorial board respected the authors’ individual approaches and did not intervene concerning the choice of cited source collections, given the fact that all papers observed the academic conventions in terms of scholarly methodology and academic research and reflection.

Finally, we would like to express our thanks for the support we received in publishing this volume. We are indebted to the Croatian Catholic University, Catholic Faculty of Theology at the University of Zagreb, and the Croatian Franciscan province of St Cyril and Method. We owe equal gratitude to all those who have contributed to the quality of this edition, especially to Marina Schumann, who has shown great dedication in translating and copyediting the texts. The results of our work are now left to the judgment of the scholarly and professional public.

Marko Jerković Ivan Majnarić Daniel Patafta

PART I Law

2-732.3-284Ĉetvrti lateranski sabor 27-74Decretum Gratiani 348"11/15"

RATKO RADIŠIĆ Croatian Franciscan Province of St Cyril and Methodius ratko.radisic@ofm.hr Professional paper

The Fourth Lateran Council and the Development of Canon Law

The historical period from the 12th to 16th centuries is considered as the “classical era” of canon law. At that time, the canonical tradition evolved into an entire legal system, distinguished as a science from theology and Roman law. Lotario di Segni, as Pope Innocent III, used in his decretals two key terms to enforce papal power: Vicarius Christi and plenitudo potestatis.

Keywords: “classical era” of canon law, Decretum Gratiani, Decretales Gregorii IX, Corpus Iuris Canonici

The contribution of the Fourth Lateran Council to the development of the Church and the society at large can be considered under various aspects: ecclesiastical and legal discipline, pastoral activity, theological reflection and the ways of expounding the ecclesiastical doctrine, the formation of popular piety, the way of life expected from the clerical and monastic orders, attitude towards the Jews, concern for the Holy Land, and so on.

It is only by taking into account all these aspects that one can get a clearer picture of what this council meant in its historical moment and what role it played in the subsequent periods.

The conclusions and decisions of church councils are specifically viewed as legal documents that, in their own way, reflect the reality of the Church and the society of their time, strongly influencing their further formation in the light of faith. In order to properly understand the meaning of the Fourth Lateran Council

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as a legislative power, it is necessary to review the development of canon law before the Council, as well as the documents of the Council itself, which made a visible impact on the development of the Church and the society in the following centuries.

In the first millennium, canonical legislation was conciliar rather than papal. Holding councils, although not explicitly foreseen by either the Scriptures or the Church tradition, played an important role in the development of ecclesiastical institutions and canon law. The councils, both local and regional (starting from the second half of the 2nd century) as well as ecumenical (from the early 4th century) strongly influenced the way in which the Church was organized and managed, and were the crucial bodies to define the religious truths and make legal decisions.1 Particular councils held before 325 were based on the free initiative of various groups of believers, which also participated in them: besides the bishops, these included the presbyters, deacons, and people’s representatives. After the councils ended, it was customary to send synodic letters to other churches so that they could acknowledge the decisions, even if tacitly, which would make these decisions the common heritage of the entire Church.

Ecumenical councils held from 325 to 787 were directly convoked by emperors, who also presided over them and influenced their decisions, even in the dogmatic area. As early as the Constantine’s time, the conciliar decisions, since confirmed by the emperor, had a legal bearing for the Empire’s subjects. This obstructed the principle of free acknowledgment of the conciliar conclusions by individual churches or ecclesiastical bodies. Nevertheless, these conclusions were not always fully accepted by all Christian communities; it depended, among other things, on the extent to which the communities were informed about them.2

Carlo Fantappiè, Introduzione storica al diritto canonico (Bologna: Il Mulino, 2003), 35.

2 Franz Wolfinger, “Concilio ecumenico e ricezione delle sue decisioni,” Concilium 19/7 (1983): 135-137.

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The relations between the Roman Empire and the Church experienced a major transformation with two crucial legal acts: the Edict of Milan (313),3 by which Constantine the Great granted freedom to the Church and ordered the return of goods confiscated during the persecutions, and the Edict of Thessalonica (380) proclaimed by Theodosius I, which made Christianity the official religion of the Empire. This triggered the process of an increasing intertwinement between the Church and culture in the Empire. Roman law started to influence the law of the Church: the way of thinking typical of Roman law gave a powerful impulse to the development of canon law, and left a lasting influence on Church legislation. One of the important reasons why the Church adopted elements of Roman law was the lack of its “own law.” Namely, as the Church organization grew and developed over time, the scriptural texts, moral regulations, and pseudo-apostolic writings were no longer adequate as legal guidelines, and there was a need to create a separate and appropriate legal expression.4 Before the 3rd century, the Bishop of Rome played a special role as a guardian of faith and discipline, and as such, based on the apostolic succession, had a strong influence in the fields of doctrine, liturgy, and ecclesiastical discipline. However, he did not have more authority than other bishops, and much less jurisdiction over other churches. There are many reasons (internal ecclesiastical and social) why the political and doctrinal authority of the popes grew in the Western Church starting from the second half of the 4th century. A powerful impetus for the strengthening of papal authority was the struggle against heresies during the 3rd and 4th centuries, in which the decisions of the bishop of Rome were invoked not only by the opposing parties, but also by the councils. Pope Damasus (366-384) was the first to refer to the text of Mt 16:18 as the theological foundation for the doctrine on the primacy of the Roman bishop, and to unfold diploIvan Milotić, Milanski edikt, prijevod, komentar i studija [The Edict of Milan: Translation, Commentary, and Analysis] (Zagreb: Kršćanska sadašnjost, 2013).

4 Fantappiè, Introduzione storica, 42-46.

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matic activity aimed at strengthening the unity of the episcopacy after the Arian crisis. Pope Siricius (384-399) attributed to the papal office a general episcopal authority over all local churches by applying the Pauline term sollicitudo omnium ecclesiarum to the apostolic office of the Roman bishop.

The doctrine of papal primacy also found its motives in the dialectics of relationship between the spiritual and temporal powers. Pope Gelasius (492-496) writes: “There are two powers (…) by which this world is chiefly ruled, namely, the sacred authority of the priests and the royal power. Of these, that of the priests is the more weighty, since they have to render an account for even the kings of men in the divine judgment.”5 The principle of coordination between the two powers, as formulated by Pope Gelasius, was different from that which would be imposed in the East, particularly by Emperor Justinian. According to the latter’s interpretation, the two powers were in symphony, since both came from God and aimed at the same goal. The Codex Iustinianus brings the basic Christian dogmas in the form of laws, portrays the Church as the mother of all, assigns public authority and offices to the bishops, and refers to the Pope as the patriarch of the West and the head of all patriarchs. Nevertheless, the Pope and the entire clergy remain subject to the Emperor as a priest and a king.

The empowering of the Apostolic See was also reflected in the development of legal norms. Rome became the seat of source collection according to the triple principle of universalism (collecting the eastern canons, as well as those from Africa and Rome), authenticity (excluding the pseudo-apostolic canons), and the authority of Rome (seeking papal approval for the conciliar canons). Among the first collections, one should single out the Dionysiana, compiled around 500. It was not only the first organically composed collection of authentic and generally ac-

Gelasius I, “Famuli vestrae pietatis;” Heinrich Denzinger et al., eds., Compendium of creeds, definitions, and declarations on matters of faith and morals (San Francisco: Ignatius Press, 2012), nr. 347.

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cepted texts, but also the starting point for a “papal law” that aspired to autonomy.6 The era from the pontificate of Pope Gelasius until the beginning of the Carolingian period was marked by the gradual separation of Eastern churches from those of the West, as well as their grouping according to “nations” for doctrinal and political motives, which inevitably led to the dissolution of their normative units. At the same time, there was a gradual encounter of cultures, which had an impact on some of the “national churches.”

The relationship between the Roman Church and the pagan peoples was determined by various political and religious factors that made it impossible to preserve Christian unity in the West without acknowledging to each church its own “national” physiognomy and taking into account the influence of Germanic kings on the lives of the local churches. In other words, the division of the Empire into “nations” in the domain of politics corresponded to the formation of “national churches”, characterized by a strong connection between the individual kings and the respective episcopacies. There was a fusion between the roles of the spiritual and temporal powers, and the kings’ claim to the appointment of bishops grew. For these reasons, in the collections of legal norms compiled during the 6th century one can observe the particular elements of churches situated in different “nations” and kingdoms.

With the arrival of Germanic peoples, the Church came into contact with their mentality and their legal customs, which resulted in the emergence of new legal institutions. With the increased ruralization of the society in the period from the 6th to 8th centuries, the autonomy of rural parishes grew in relation to the episcopal authority, which was particularly evident in the management of temporal goods, which now largely passed into the hands of the rural clergy. The institution of ecclesiastical endowments was introduced, which meant giving legacy into permanent possession instead of an annual compensation payment in order to ensure a spiritual service. The phenomenon of pri6

Fantappiè, Introduzione storica, 59-60.

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vate churches emerged, especially in the Frankish Empire from the 7th century onwards: wealthy landlords or groups of people built churches (chapels, monasteries…) on their land, assuming the obligation to support a cleric, in particular by granting an endowment to the church concerned. This strengthened the autonomy of priests in regard to the bishops, especially financially.

Between the 9th and 11th centuries, significant changes occurred in the Western Church, which required an appropriate ecclesiastical response. The development of the Papal State was accompanied by internal and external tensions. The papacy was becoming increasingly subordinate to various holders of secular authority, which was reflected in the tensions between the aristocracy and the Roman clergy in the procedures of appointing the Bishop of Rome: the papal throne was sometimes considered as a “family matter.” The need to defend the Papal State from external enemies forced the popes to permanently seek help from the secular authorities. The bishops were often granted noble rights and thus turned into an “extended arm” of worldly rulers.

The phenomenon of investiture emerged: Church dignitaries received the symbols of their pastoral office (the shepherd’s staff and the ring) from the secular authorities, as well as endowments associated with the respective diocese. This fusion of secular interests and religious duties in the clergy led to a significant weakening of its moral credibility, and the internal discipline of the Western Church experienced a great crisis.

One of the significant renewal attempts was the reform centred in the Cluny Abbey in France. Inspired by this reform, Pope Gregory VII (1073-1085) initiated a comprehensive renewal of the Church concerning the moral life of clergy and the internal reorganization of the Church. Striving to free the Church from lay power, he worked to establish it as a hierarchical body dependent on the Roman curia, headed by a papacy that was independent of any secular authority. With his reform, Gregory VII gave a strong impetus to the efforts that led the papacy towards acquiring the “fullness of power.” In his statements titled Dictatus papae, he wrote that all churches should obey the Roman bishop, that he was the only one entitled to be called the “univer-

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sal bishop”, and that as such he had the authority over the entire Church in all matters.7 He also expanded the powers of papal primacy beyond the ecclesiastical domain, assigning it the role of defining the relations not only within the Church, but also within the entire Christian society (societas christiana).

In the 11th and 12th century, all areas of human activity in Europe experienced a fast development, from economy to culture and science. Medicine evolved under the Arabic influence, philosophy owing to the development of “arts” in cathedral schools (especially those in Chartres, Laon, Reims, and Paris), and theology owing to the renewed interpretive study of the Bible.8 A new view of the relationship between man and nature, as well as between philosophy and theology, brought a change in the way of thinking legal science. The growing trust in the “rationality” of the world led the lawyers to believe that it was possible to discover and correct the laws governing nature and human behaviour. Re-reading the texts of Roman and canon law was prompted by the demand to remove the existing disagreements between various sources and the conviction that their concordance was possible.

The canonical tradition began to take shape as an autonomous legal system, distinguishing itself as a science from both theology and Roman law, as canon law had never constituted a separate discipline either in teaching or in scholarly treatment.9 Despite this, legal science maintained and intensified its relations with theology, with which it was linked through the sources (the contribution of numerous patristic and theological compilations), the subject (the common subject matter of both theologians and canonists), and the methods (the systematizing apBožo Goluža, Povijest Crkve [History of the Church] (Mostar: Teološki institut Mostar, 1998), 228.

8 Charles Homer Haskins, La rinascita del XII secolo (Bologna: Il Mulino, 1972).

9 Nikola Škalabrin, Uvod u kanonsko pravo [Introduction to canon law] (Đakovo: Katoliĉki bogoslovni fakultet veuĉilišta u Zagrebu, Teologija u Đakovu; Osijek: veuĉilište Josipa Jurja trossmayera, Pravni fakultet, 1994), 90.

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proach of the canonists modelled on the contemporary works of theology). Canonical collections expanded their normative area to new pastoral questions supplied by theology: on the value of acts of satisfaction for the deceased, the rights of the Apostolic See, the validity of sacraments administered by heretics, and so on.

The great challenge preceding any attempt at building a consistent legal system was to reconcile the various sources that all made reference to the authority of legislators. Difficulties in regulating church legislation systematically and consistently increased considerably over time, since different legislative texts that reflected different ideas on ecclesiology and the relationship between ecclesiastical and political power multiplied over the centuries. In their attempts to unify the legislation, the canonists collaborated with the theologians, exchanging methods for dealing with the inconsistencies. Thus, Bernold of Constance proposed five criteria for resolving the contradictions in legal sources: 1) preferring those texts whose formulations were more acceptable to the Apostolic See; 2) giving advantage to integral texts rather than those that existed only in fragments; 3) comparison with other canons; 4) observing the circumstances of time, place, and person; 5) determining the intention of the legislators, distinguishing individual advice from general provisions. Ivo of Chartres, in his Prologue written around 1095, made reference to Bernold’s guidelines. He thus differentiated (distinctio) between praeceptiones immobiles (contained in the Mosaic Law and therefore required by the lex aeterna) and praeceptiones mobiles (made for particular cases). Whereas the former required strict adherence and lasting commitment, the latter could be mitigated or even abolished if the circumstances so required, and absolution from them could be granted in individual cases.

From the early 11th century, numerous canonical collections were compiled. Some of them relied on Carolingian law as their source (for example, the Decree of the Bishop of Worms, 10081012) while others were drawn up to support the Gregorian Re-

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form (for example, the Collection of Peter Damiani). Particularly important collections were those produced by Ivo of Chartres.10 From the second half of the 11th until the 14th century, the legislative activity of the Popes intensified. This does not mean that the legislative activity of the councils disappeared, but it was often the Pope who summoned the councils, made decisions, and approved the laws drawn up at the council: briefly, papal will was expressed through conciliar legislation.11 From the First Lateran Council (1123) to the Council of Basel-Ferrara-Florence (14311445), there were nine ecumenical councils.

In the 12th century, legal and medical studies experienced a fast growth, especially in Italy and southern France. In 1088, a high school of legal science was founded in Bologna, whose professors studied and commented on the Codex Iustinianus in detail. Soon the study of Roman law became one of the most popular areas in the discipline, and legal institutions in the 12th century experienced a steep growth.12 A particular reason for this fact was that the remains of Roman law in their usual form were no longer sufficient to standardize the increasingly complex social relations. In connection with Roman law, canon law developed: as the power of the papacy grew, Church administration developed as well, and it was to be accompanied by adequate legislation.

Bologna was the home university of Gratian,13 who around 1140, shortly after the end of the Second Lateran Council, produced a work that would become the starting point for the canonists in Jean Gaudemet, Storia del diritto canonico, Ecclesia et Civitas, trans.

Alessandra Ruzzon and Tiziano Vanzetto (Milan: Edizioni San Paolo, 1998), 446-449.

11 Gaudemet, Storia del diritto canonico, 432-433.

12 Ivo Goldstein and Borislav Grgin, Europa i Sredozemlje u srednjem vijeku [Europe and the Mediterranean in the Middle Ages] (Zagreb: Novi Liber, 2008), 273.

13 There is little information on Gratian from his times, but various testimonies from the later periods have been preserved. He was born at the end of the 11th century and dies around 1159. Traditionally, he is believed to have belonged to the Camaldolese order and lived in Bologna, in the monastery of St Felix and Nabor.

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AN EVENT THAT TRANSFORMED EUROPE AN EVENT THAT TRANSFORMED EUROPE

THE FOURTH LATERAN COUNCIL:

THE FOURTH LATERAN COUNCIL:

Edited by Ivan Majnarić, Daniel Patafta, Marko Jerković 100

95

75

280,00 kn ISBN 978-953-11- 1270-3

25

5 9 789531 112703

0